HomeMy WebLinkAboutMARCH 29, 2005 REGULAR MEETTNG - March 29, 2005
T. ROLL CALL, ZNVOCAT/ON 8r PLEDGE
The City Council of the City of Port Arthur met in Regular Session on Tuesday, March 29, 2005 at
8:42 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor
Oscar G. Ortiz; Councilmembers Craig Hannah, Felix A. Barker, Thomas .1. Henderson, Martin
Flood, Ronnie Thompson, Deloris "Bobble" Prince, Michael "Shane" Sinegal; City Manager Steve
Fitzgibbons; City Secretary Evangeline "Van" Green and City Attorney Mark T. Sokolow.
The invocation was given by Councilmember Thompson followed by the pledge to the flag.
'rz. PROCLAMATZONS & MI'NUTES
The Mayor issued the following Proclamations:
(1) April 2, 2005 as ~Port Acres Little League Day".
(2) April 1 - 30, 2005 "Keep America Beautiful Monty".
(3) April 2, 2005 as "Walk America 200S Day".
Minutes - March 7, 200S Joint/Special
Upon the motion of Councilmember Sinegal, seconded by Councilmernber Henderson and carried
unanimously, the City Council approved the above-mentioned minutes.
March 7, 200S Special
Upon the motion of Councilmember Henderson, seconded by Councilmernber Sinegal and carried
unanimously, the City Council approved the above-mentioned minutes.
ZiT. Pe I ~ I xONS & COMMUNICAT/ONS
A.
Student Day in Government
Student Participants: .lose Resendez, .lr. - Mayor, Ellington
Ambroise - District 1, Lan Nguyen - District 2, Omar Alvarez -
District 3, Charles Prince - District 4, Stacie Williams - District S,
Breena King - District 6, Dominique Johnson - Position 7, Robbie
Cardenas - Position 8
Administrative Assistant to the City Manager Doris Gill appeared before the Council and gave an
overview of the scheduled events. Students involved in the program appeared before the Council
and introduced themselves.
Councilmember Prince acknowledged the presence of Memorial High School Assistant Principal
Waters.
(:1.) Gerald Tervalon Regarding New Delivery Transportation Service
And Soup Kitchen - NOT PRESENT
(2) Sylvester Henry Regarding El Vista Community Center
Mr. Sylvester Henry, 848 Ellias Street, appeared before the Council and expressed appreciation
for the City's involvement in bringing the vision of the El Vista Community Center to fruition.
C.
Certification Of Council Member Candidates Who Have Duly Filed
To Be Placed On The Ballot Of The General Election To Be Held On
May 7, :ZOOS,
City Secretary Green read the following certification of Council Member Candidates into
the Record that is duly posted in both English and Spanish:
CERTLF[CATION
This is to certify that the following candidates have duly flied with this
office to be placed on the Ballot of the CiLy of POrt Arthur General Election to be
held on May 7, 2005:
Craig Andre Hannah 729 West Ninth Street, Port Arthur, Texas 77642
Willie Lewis, .lr. 2301 Lakeshore Drive, Port Arthur, Texas 77642
Felix A. Barker 4711 Fifth Street, Port Arthur, Texas 77642
Reginald Paul Green 4733 Lewis Drive, Port Arthur, Texas 77642
Thomas .1. Henderson 4435 Forest Drive, Port Arthur, Texas 77642
Martin Flood 2236 Sharon Drive, Port Arthur, Texas 77640
GIVEN UNDER MY HAND AND SEAL OF OFF[CE this 11th day of
March, 2005.
Evangeline Green, City Secretary
(SEAL)
CERTIFICATION
Esto certificia que los candidatos han archivado debidamente con
esta oficina para ser colocado en la Votacion de la Eleccion General de la
Ciudad de Port Arthur que sera celebrada en la 7th de Mayo, 2005:
Craig Andre Hannah 729 West Ninth Street, Port Arthur, Texas 77642
Willie Lewis, .ir. 2301 Lakeshore Drive, Port Arthur, Texas 77642
Felix A. Barker 4711 Fifth Street, Port Arthur, Texas 77642
Reginald Paul Green 4733 Lewis Drive, Port Arthur, Texas 77642
Thomas .1. Henderson 4435 Forest Drive, Port Arthur, Texas 77642
Martin Flood 2236 Sharon Drive, Port Arthur, Texas 77640
FIRMADO POR MI PUNO Y LETRA SELLADO CON EL SELLO DE MI OFICIO
esto 11mdia de Marzo, 2005.
Evangeline Green, City Secretary
(SEAL)
City Council Minutes March 29, 2005 2
w. PUBLZC HEARZNG$- g:OOAM
(2.) To Consider Disannexation Of The TraCts Of TraCt 1 - 250.8 Acres
Out Of Divisions B, C, And 4 Through 8, Dennis Gahagan League,
AbstraCt 123, TraCt 2 - 2.74.6 Acres Of Land Submerged, Part Of
Division 2., Dennis Gahagan League, AbstraCt 2.2:3 And TraCt 3 -
476.2 Acres Of Land, Part Of Divisions A And B, Dennis Gahagan
League, AbstraCt ~.23.
The Mayor introduced the above-mentioned Public Hearing at 9:16 a.m.
Planning/Grants Director Dale Watson appeared before the Council and presented an overview
regarding location and other particulars.
The Mayor requested to hear from anyone present in the audience who wished to speak
regarding the above-mentioned disannexation. No one came forward.
Upon the motion of Councilmember Henderson, seconded by Councilmember Barker and carried
unanimously, the City Council closed the Public Hearing at 9:29 a.m.
(2) To Consider Whether Or Not To Authorize The Chief Of Police To
zssue A Wrecker Permit For American Towing
The Mayor introduced the above-mentioned Public Hearing at 9:29 a.m,
Assistant Police Chief Colonel Mark Blanton appeared before the Council and explained that it is
not his responsibility to determine need of public necessity. Colonel Blanton explained the process
involved in the permitting and regulatory mandates of the current wrecker ordinance regarding
rotation, preference and non-preference of wreckers. He further stated that the law only requires
cities to control the non-preference system.
Colonel Blanton responded to other inquiries from the City Council regarding the limit to the
number of trucks that a wrecker business can have by explaining that if the owners are willing to
pay the fee for each separate truck, they can have as many as they want--but, are only allowed
one slot on the rotation.
Councilmember Henderson left the meeting at 10:03 a.m.
In the absence of Mayor Pro Tern Beard, Mayor Ortiz read the follow correspondence received via
E-mail from the Mayor Pro Tern:
Morning all!
I regret being unable to attend today's meeting due to prior commitments;
however, it is my sincere wish that you have a harmonious and productive council
meeting.
Please have the following read into the record, as to my position on the following
issues:
With regard to the proposed increase in wrecker services operating in the city,
several points should be considered. As a "regulated industry" in the city, the prior
standard for admitting new companies has been to prove a "need and necessity"
for issuing a permit, with council approval. This "burden of proof'' must
demonstrate that the current wrecker companies are unable to provide an
adequate level of service to the citizens of Port Arthur, and therefore additional
wrecker service must be sought or provided.
Col. Blanton must prove, clearly, that adding new service will enhance the
performance level of service currently rendered to the city by the present
companies. If he is unable to prove factually, document and demonstrate that
current service is insufficient, no additional permits should be issued.
Previous discussions centered around setting a level or "cap" on the number of
service providers. In the past, larger numbers of wrecker companies (18), were
unsustainable for a number of reasons, and the present number has served the
city for a number of years. Also, there have been no reporLs from citizens or Col.
city Council Minutes March 29, 2005 3
Blanton that the present companies have been unable to meet the demands of the
Port Arthur market.
Again, without clearly demonstrating that the current number of wreckers are
unable to adequately service the Port Arthur market, there is no need to add more
service providers.
To address the concern that to limit or restrict free enterprise could possible cause
the city to be subject to suit, even in light of the Houston incident, is without
merit. First, the city is not lawsuit adverse; also, there is no state, federal or
constitutional right to the practice of "free enterprise that would form the basis for
suit. Furthermore, the threat of suit does not in and of itself mean there will be a
suit, or that the city will lose money in litigation.
It must be remembered that the wrecker service in Port Arthur is a regulated
industry, subject to state law and the ordinances of the city, and coundl decisions.
Finally, it is my firm belief that the Council should not relinquish its authority to
regulate the wrecker industry to any party not duly elected by the citizens, nor
should it abdicate its statutory responsibility under state law and city ordinance to
any person or group. The time and effort taken to form effective policy is
necessary in order to effectively govern the city for the citizen's benefit, AND
SHOULD NOT BE USED OR SEEN AS AN "INCONVENIENCE" TO THE COUNC][L.
Whenever we as council feel that this "job" is no longer a "labor of love" and
becomes an "inconvenience'; it is time to unburden ourselves, and let others ho
are more willing "serve the common good".
Respectfully submitted,
.lohn Beard, .lr.
Mayor Pro-Tem
The Mayor requested to hear from anyone present in the audience who wished to speak
regarding the above-mentioned Wrecker Permit.
Applicant William Montgomery, an owner of a Nederland Wrecker Service, appeared before the
City Council and confirmed that currently he has a separate lot for junk cars at the corner of
Viterbo Road and Highway 365 but that wrecked vehicles would be stored at 6:120 Gulfway in
Port Arthur.
The following people appeared before the City Council to speak:
(1) Mrs. Deborah Campbell, 4820 Griffing Drive, Port Arthur, Texas, represented the Port
Arthur Wrecker Association. She explained information presented in a handout presented
to the City Council and expressed--on behalf of the 13 wrecker owners, their unanimous
opposition to permitting any new wrecker services in the City of Port Arthur. Mrs.
Campbell added that permitting additional wrecker services would saturate the towing
market; thus, causing the current business to become less profitable in future investments
and physically putting some of the smaller businesses at an economic disadvantage.
(2) Mr. Aaron Campbell, 4820 Griffing Drive, Port Arthur, Texas, current President of the Port
Arthur Wrecker Association, expressed the commitment and positive results from the
current wrecker services working together.
(3) Mr. W.M. Montgomery, 226 Hill Terrace, Nederland, Texas, again appeared and expressed
a desire to be allowed to pick up preference calls in the City of Port Arthur.
(4) Mr. Alton Borel, owner and operator of Guidry Body Shop in Port Arthur, Texas, explained
the reason for having a wrecker service to enhance his body shop. He further expressed
that he feels that vehicles towed in the City of Port Arthur should be repaired in Port
Arthur and that allowing more wrecker services would be giving more repair work to
neighboring cities.
(5) Mr. Thomas Spires, owner of Airport Gulf Wrecker Service, explained that his company
transports the vehicles to repair shops requested by the customer and that he has a
business located in Port Acres on West Port Arthur Road.
City Council Minutes March 29, 2005 4
The City Council discussed researching definitions of terminology and phrases before amending
the Ordinance such as the difference of the retirement of a wrecker service, the sale of a wrecker
service and the definition of waiting list.
Councilmember Flood left the meeting at 10:10 a.m. and returned at 10:41 a.m.
Upon the motion of Councilmember Thompson, seconded by Councilmember Sinegal and carried
unanimously, the City Council closed the Public Hearing at 10:28 a.m.
The City Council recessed their meeting at 10:29 a.m. and reconvened at 10:50 a.m. with the
following members present: Mayor Ortiz; Councilmembers Hannah, Barker, Flood, Thompson,
Prince and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow.
V. UNFZNZSHED BUSZNESS
Resolution
P, R. No. 1306~. - A Resolution Authorizing The City Manager To
Execute A Master Service Agreement With Garner Environmental
Services, Thc.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Sinegal and seconded by Councilmember Barker
that Proposed Resolution No. 13061 be adopted.
Public Works Director John Comeaux appeared before the Council and stated that the above-
mentioned agreement deals with national level services.
Councilmember Prince requested a report on the breakdown of employees at Garner
Environmental Services, 1'nc. by ethnicity.
Proposed Resolution No. 13061 was adopted becoming Resolution No. 05-094.
Voting Yes: Mayor Ortiz; Councilmember Hannah, Barker, Flood, Thompson, Prince and
Sinegal.
Voting No: None.
The caption of Resolution No. 05-094 reads as follows:
RESOLUTZON NO. 05-094
A RESOLUTION AUTHORZZTNG THE cTrY MANAGER
TO EXECUTE A MASTER SERVTCE AGREEMENT WZ'I'H
GARNER ENVTRONI~IENTAL SERVICES, TNC.
V~. CONSENT AGENDA
Upon the motion of Councilmember Henderson, seconded by Counciimember Flood and carried
unanimously, the following Consent Agenda items were adopted with the exception of :~tems A
and Proposed Resolutions No. 13071 and 13072:
B. Consideration And Approval For The Purchase Of One (1) 1/2-Ton
Pickup Truck With Standard Bed And Extended Warranty, From
Columbus Country Ford Of Caldwell, Texas For An Amount Of
$14,564 For The Solid Waste Division
Resolutions - Consent
A. Resolutions
(1) P.R. No. 13033 - A Resolution Authorizing The Execution Of A
Three (3) Year Contract For 3anitorial Services At The Transit
Service Center And Transit Terminal; To CCAP., DBA Sanserve
Building Services Of Beaumont, TX Tn The Amount Of $7,440.00
Per Year.
Proposed Resolution No. 13033 was adopted becoming Resolution No. 05-095.
City Council Minutes March 29, 2005 5
(2) P.R. No. 13067 - A Resolution Authorizing The cond Year Of The
Existing Three (3) Year Contract Be.twee_n The ?ty~O_f_.P._o;~.A~_~h~,~
And Delta Security, 1n.c. Of Port Artnur,.lexas for =~-,,,; ---,-
Services At The pUblic Works Operat,ons Center And Garage-
Service Station Compound, In The Amount Of $46,092 For This
Year, Total Contract Amount Being $141,868 For All Three (3)
Years, Funds Being Available For FY2005 Tn Account Num.b~.r 001-
1201-531.59-00 (66°/o) And Account Number 501-1281 531.59-
00 (34%).
Proposed Resolution No. 13067 was adopted becoming Resolution No. 05-096.
(3) P.R. No. 13069 - A Resolution To Reprogram $250,000 From Bent
Tree And Park Central Village UDAG Repayment Account #106-
0000-369-50-00 To The Capital Projects Fund 301 For The
$130,000 - Spray Park project And $120,000 - Boardwalk Tower
project~
Proposed Resolution No. 13069 was adopted becoming Resolution No. 05-097.
(4) P.R. No. 13070 - A Resolution Authorizing The Fourth Year Of The
Existing Four (4) Year Contract To CCAP, Inc. DBA Sanserve
Building Services Of Beaumont, Texas For 3anitorial Services For
City Hall And Annex Buildings Tn The Amount Of $37,433.04.
Funds Are Available ~n The FY2005 City Hall Division Budget,
Account No. 001-1206-531-32.00.
Proposed Resolution No. 13070 was adopted becoming Resolution No. 05-098.
(5) P.R. No. 13073 - A Resolution Authorizing A Coastal Lease
Renewal Contract With The Texas General Land Office
Proposed Resolution No. 13073 was adopted becoming Resolution No. 05-099.
(6) P.R. No. 13075 - A Resolution Authorizing The Execution Of An
Agreement For ~[ndependent professional Services Between The
City Of Port Arthur And Kirk t4atthew Vital, R. PH, To Act As The
City's Pharmacist-In-Charge For The Health Department
Proposed Resolution No, 13075 was adopted becoming Resolution No. 05-100.
D D N~ 1~079 - A Resolution Authorizing The Purchase Of Flood
(7) ~'e~';~'~e-Tl~irough Fidelity National Znsurance Company Zn The
Amount Of $42,162.00 Per Annum
Proposed Resolution No. 13079 was adopted becoming Resolution No. 05-101.
(8) P.R. No. 13080 - A Resolution Approving Sewer Adjustments To
Certain Utility Accounts.
Proposed Resolution No. 13080 was adopted becoming Resolution No. 05-102.
V~T. TTEHS REQUZRZNG ZNDZV~DUAL ACT/ON
A. Consideration And Approval To Authorize The Second Year Of The
Existing Agreements With AL77VZA, B/gl_er T_rad& K C_ [nd..,
LaRoche Chem/cals And 3aeger Products For Tne Purcnase
Water Treatment Chemicals (When Required) For The Utility
Operations Department
The Mayor introduced the above-mentioned Item.
Upon the motion of Councilmember $inegal, seconded by Councilmember Thompson and carried
unanimously, Item A was approved with the following amendment to the posted caption:
City Council IRinutes klarch 29, 2005 6
Consideration And Approval To Authorize Awarding Bids To
AL77VZA, Big/er Trad., KC Xnd., F5'77, LaRoche Chemicals And
.laecjer Products For The Purchase Of Water Treatment
Chemicals For The Utility Operations Department
CONSENT - RESOLUTZON$
(9) P.R. No. 13071 - A Resolution Authorizing Additional Services For
The Contract Dated December 19, 2003 Between The City Of Port
Arthur And Arceneaux & Gates Consulting Engineers, [nc. Of Port
Arthur, Texas For Redesign Of The Boardwalk Extension And
[ncreasing The Budget For This Engineering Service By $35,000 To
A Total Of $223,900. CzP 202, 303-1603-591.54-00.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Sinegal and seconded by Councilmember Flood that
Proposed Resolution No. 13071 be adopted.
Assistant Public Works Director Ross Blackketter responded to inquiries regarding delays with the
Pedestrian Boardwalk Project necessitating change of scope and discussed the design and
management responsibilities of Arceneaux and Gates Consulting Engineers, Inc.
Councilmember Martin Flood made the following "For the Record" comments:
Let me also make a statement that the other reason that Arceneaux & Gates is
picking up the management part of it is to make sure that the contractor building
the specs, and if any flaws in the workmanship causes that boardwalk to default in
any way, then the inspector will be out there, the management will be out there,
and will be able to note these flaws or note these changes, so that if anything
does happen it will not be the design work, but it will be the workmanship of the
contractor.
Assistant Public Works Director Ross Blackketter confirmed that if they (Arceneaux & Gates) do
know of any flaws in the construction, they will correct them at the time.
Councilmember Flood stated:
Correct...correct. Just wanted to make sure that is clear and on the record.
Proposed Resolution No. 13071 was adopted becoming Resolution No. 05-103.
Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Flood, Thompson, Prince and
Sinegal.
Voting No: None.
The caption of Resolution No. 05-103 reads as follows:
RESOLUT/ON NO. 05-103
A RESOLUT/ON AUTHOR/ZZNG ADDTr/ONAL
SERV/CES FOR THE CONTRACT DATED DECEMBER
19, 2003 BETWEEN THE CTrY OF PORT ARTHUR AND
ARCENEAUX & GATES CONSULT/NG ENGZNEERS,
INC. OF PORT ARTHUR, TEXAS FOR REDES]~GN OF
THE BOARDWALK EXTENSION AND INCREASING THE
BUDGET FOR THIS ENG~NEERZNG SERVZCE BY
$35,000 TO A TOTAL OF $223,900. C~P 202, 303-
1603-591.54-00.
(10) P.R. No. 13072 - A Resolution Authorizing The City Manager To
Apply And Receive Grant Funds Along With The City Of Beaumont
And 3efferson County In An Amount Not To Exceed $174,747
Under The 3ustice Assistance Grant Program
The Mayor introduced the above-mentioned Proposed Resolution.
City Council Minutes March 29, 2005 7
The motion was made by Councilmember Barker and seconded by Councilmember Sinegal that
Proposed Resolution No. 13072 be adopted.
The City Manager presented an overview of the grant and explained that the Federal Government
has ended the LLEBG (Local Law Enforcement Block Grant) Program and replaced it with the JAG
(Justice Assistance Grant). He further said that the grant is an entitlement for equipment using
an allocation formula with a breakdown of funding among the various entities--City of Port
Arthur, City of Beaumont and Jefferson County.
Proposed Resolution No. 13072 was adopted becoming Resolution No. 05-104.
Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Flood, Thompson, Prince and
Sinegal.
Voting No: None.
The caption of Resolution No. 05-104 reads as follows:
RESOLUTION NO. 05-104
A RESOLUTION AUTHOR/ZING THE CITY MANAGER
TO APPLY AND RECEZVE GRANT FUNDS ALONG WITH
THE cTrY OF BEAUMONT AND 1EFFERSON COUNTY
IN AN AMOUNT NOT TO EXCEED $174~747 UNDER
THE 3UST/CE ASS[STANCE GRANT PROGRAM
A. ~NON-CONSENT
(1) P.R. No. 13050 - A Resolution As It Pertains To A Sales Tax
Refund Agreement With Lagrone Services, LTD
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Thompson, seconded by Councilmember Flood and carried,
Proposed Resolution No. 13050 was adopted becoming Resolution No. 05-105.
Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Flood, Thompson, Prince and
Sinegal.
Voting No: None.
The caption of Resolution No. 05-105 reads as follows:
RESOLUTLON NO. 05-105
A RESOLUTZON AS TI* PERTAINS TO A SALES TAX
REFUND AGREEMENT WZTH LAGRONE SERVICES,
LTD
(2) P.R. No. 13060 - A Resolution Authorizing The Chief Of
Police To Issue A Wrecker Business Permit To American
Towing Located At 6120 Gulfway Drive, Port Arthur, TX
This Proposed Resolution was held until after Executive Session.
(3) P.R. No. 13066 - A Resolution Authorizing A Memorandum Of
Understanding With The Port Arthur Industrial And Community
Le~,der~ Advisor'/Group For The Operation Of The Summer Youth
Employment And Enrichment Program
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Prince, seconded by Councilmember Thompson and carried,
Proposed Resolution No. 13066 was tabled.
(4) P.R. NO, 13068 - A Resolution Authorizing The City Manager To
Make Application To The U.S, Department Of Housing And Urban
Development For A Community Development Block Grant In The
City Council Minutes March 29, 2005 8
Amount Of $1,56,5.,152 And A Grant For $481,449 Tn Home Funds
Authorizing The Oty Manager To Execute The .City Of Port A..r~...ur's
2005 Consolidated Annual Plan. The Consohdated Plan Wdl Be
Submitted To The U.S. Department Of Housing And Urban
Development.
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Counciimember Sinegai, seconded by Councilmember Thompson and carried,
Proposed Resolution No. 13068 was adopted becoming Resolution No. 05-106.
Voting Yes: Mayor OrUz; Councilmembers Hannah, Barker, Flood, Thompson, Prince and
Sinegal.
Voting No: None.
The caption of Resolution No. 05-106 reads as follows:
RESOLUTZON NO. 05-106
A RESOLUTZON AUTHORZZTNG THE CITY MANAGER
TO MAKE APPI. ZCATZON TO THE U.S. DEPARTMENT
OF HOUSTNG AND URBAN DEVELOPMENT FOR A
COMMUNTrY DEVELOPMENT BLOCK GRANT TN THE
AMOUNT OF $1,565,152 AND A GRANT FOR $481,449
TN HOME FUNDS AUTHORZZTNG THE CITY MANAGER
TO EXECUTE THE CTrY OF PORT ARTHUR'S 2005
CONSOLTDATED ANNUAL PLAN. THE CONSOLTDATED
PLAN WTLL BE SUBMTDrED TO THE U.S.
DEPARTMENT OF HOUSTNG AND URBAN
DEVELOPMENT.
(5) P.R. No. 13074 - A Resolution Authorizing A Memorandum Of
Understanding Between The City Of Port Arthur And The
Southeast Texas Workforce Development Board For The Summer
Youth Employment Program
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Prince, seconded by Councilmember Barker and carried,
Proposed Resolution No. 13074 was tabled.
(6) P.R. No. 13077 - A Resolution Authorizing a $450,000 Tncentive
Agreement With Williams & Rao, LP, For An Enlarge Medical Office
Building
(7) P.R. No. 13081 - A Resolution Authorizing A Settlement Between
Southeast Texas Community Development, THC., Reginald Singleton,
Mary Singleton, And The City Of Port Arthur SecUon 4A Economic
Development Corporation
Proposed Resolutions No. 13077 and 13081 were held until after Executive Session.
(8) P.R. No. 13083 - A Resolution Appointing Directors And/Or
Advisory Directors To The City Of Port Arthur Section 4A Economic
Development Corporation
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Thompson and seconded by Councilmember Hannah
that Proposed Resolution No. 13083 be adopted.
Councilmember Hannah nominated Mrs. Linda Spears to serve out the unexpired term as Board
Director of Position 1 representing the "pool" of Councilmembers for Districts 1, 4 and 5.
Proposed Resolution No. 13083 was adopted with the above-mentioned nomination becoming
Resolution No. 05-107.
City Council Minutes March 29, 2005 9
Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Flood, Thompson, Prince and
Sinegal.
Voting No.' None.
The caption of Resolution No. 05-~.07 reads as follows:
RE5OLUI'ZON NO, O5-107
A RE$OLUTI:ON APPO~'NT]NG DIRECTORS ANDIOR
ADVI'$ORY DIRECTORS TO THE CZTY OF PORT
ARTHUR SEt;i~ON 4A ECONOI4IC DEVELOPI4ENT
CORPORATZON
P.O. No, 5508 - An Appropriation Ordinance Amending Tl~e
Budget For The Fiscal Year Beginning October 1, 2004 And Ending
September 30, 2005
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Sinegal and seconded by Councilmember Barker that
Proposed Ordinance No. 5508 be adopted.
The City Manager presented the rationale behind the budget amendment as being to increase the
equipment replacement budget by $124,000 to fund the City match on the Homeland Security
Grant to purchase an aerial truck. He further commented on Motiva's $100,000 contribution to
the purchase of the aerial ladder truck and Exxon Mobil's $25,000 contribution. The budget
amendment provides the City's share of funding.
Proposed Ordinance No. 5508 was adopted becoming Resolution No. 05-24.
Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Flood, Thompson, Prince and
Sinegal.
Voting No: None.
The caption of Resolution No. 05-24 reads as follows:
ORDINANCE NO. 05-24
AN APPROPR/AT~ON ORDINANCE AMENDING THE
BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005
(2) P.O. No. 5509 - An Ordinance Amending The Zoning Ordinance Of
The City Of Port Arthur By Granting A Specific Use Permit For A
Public Stadium In The Single Family Residential Zoning District,
Port Arthur, Jefferson County, Texas (Violation Of This Ordinance
Or The Zoning Ordinance Of The City Of Port Arthur ][s Punishable
As Provided In Section 1-13 Of The Code Of Ordinances As
Amended By Fine Not Exceeding Two Thousand [$2,000.00]
Dollars); And Providing For Publication In The Official Newspaper
Of The City Of Port Arthur And Effective Immediately After
Publication Date. (Z05-02 PAISD)
Councilmember $inegal recused himself from any discussion or action on P. O. No. 5509.
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Thompson and seconded by Councilmember Barker
that Proposed Ordinance No. 5509 be adopted.
Planning/Zoning & Grants Management Director Watson appeared before the City Council and
addressed the four conditions of approval of P. O. No. 5509 as recommended by the
Planning/Zoning Commission:
City Council Ninutes Harch 29, 2005
EXHIBIT "B"
(1) The permit shall permit the construction of a public stadium with a seating
capacity not to exceed 1,500 at the location as shown on the site plan.
(2) That the lighting for all sports and parking facilities shall be so designed that the
spillover onto adjacent areas shall not exceed one (1) foot-candle.
(3) That any noise generated in connection with sporting or other events on the
school property shall meet the minimum noise ordinance requirements for the
residential zoning district.
(4) That Lucian Adams Dr. shall be upgraded to provide for the increased traffic to be
generated by the sports facilities.
The City Manager responded to inquiries regarding cost estimates for the Lucian Adams Drive
upgrade by stating that the costs will be researched as to who pays for the additional street lane
upgrade.
Proposed Ordinance No. 5509 was adopted becoming Resolution No. 05-25.
Voting Yes: Mayor OrUz; Coundlmembers Hannah, Barker, Flood, Thompson and Prince.
Voting No: None.
The caption of Ordinance No. 05-25 reads as follows:
ORTDZNANCE NO. 05-25
AN ORDTNANCE AHENDTNG THE ZONZNG
ORDZNANCE OF THE cTrY OF PORT ARTHUR BY
GRANTZNG A SPECTFZC USE PERI~tTr FOR A PUBLZC
STADTUM TN THE STNGLE FAMZLY RESZDENTZAL
ZONTNG DTSTRZCT~ PORT ARTHUR~ 3EFFERSON
COUNTY~ TEXAS (VZOLATZON OF THZS ORDZNANCE
OR THE ZONTNG ORDZNANCE OF THE cTrY OF PORT
ARTHUR ZS PUNTSHABLE AS PROVZDED TN SECTZON
1-1.3 OF THE CODE OF ORDTNANCES AS AI~tENDED BY
FTNE NOT EXCEEDZNG TWO THOUSAND [$2~000.00]
DOLLARS); AND PROVZDTNG FOR PUBI. ZCATZON ZN
THE OFFTCTAL NEWSPAPER OF THE CZTY OF PORT
ARTHUR AND EFFETE TMMEDTATELY AFTER
PUBLZCATZON DATE. (Z05-02 PAZSD)
The City Council recessed their meeting at 11:33 a.m. and recoflvened at 1:22 p.m. with the
following members present: Mayor Ortiz; Councilmembers Hannah, Barker, Thompson, Prince and
Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow.
(3) P.O. No. 551.0 - An Ordinance Continuing The Juvenile Curfew
Ordinances As Delineated Tn Sections 62-1.01 To 62-106 Of The
Code Of Ordinances Of The City Of Port Arthur
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Thompson, seconded by Councilmember Sinegal and carried,
Proposed Ordinance No. 5510 was adopted becoming Resolution No. 05-26.
Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Thompson, Prince and Sinegal.
Voting No: None.
Councilmember Flood did not return to the meeting after the recess.
The caption of Ordinance No. 05-26 reads as follows:
ORDTNANCE NO. 05-26
AN ORDZNANCE CON'rZNUZNG THE JUVENZLE
CURFEW ORDZNANCES AS DELI'NEATED TN SECTZONS
62-101 TO 62-1.06 OF THE CODE OF ORDTNANCES OF
THE CZTY OF PORT ARTHUR
Cit-,/Council Minutes March 29, 2005
(4) P.O. No. 5511 - An Ordinance Amending The Election Orders For
The Spec. iai Election And Gener.a.! Election Of Hay 7, 2005, Deleting
The Sabine Pass Port Authority, The Sabine Pa. ss Independe. nt
School .District, And The Port Of Port Arthur Navmgational District
As part,cipants Tn The Joint Election, Designating A New Central
Counting Station Manager, Designating Election Judges And
Clerks, And Making Other Changes Tn The Election Orders
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Barker, seconded by Councilmember Sinegal and carried,
Proposed Ordinance No. 5511 was adopted becoming Resolution No. 05-27.
Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Ordinance No. 05-27 reads as follows:
ORDZNANCE NO. 05-27
AN ORDZNANCE AMENDLNG THE ELECTZON ORDERS
FOR THE SPECZAL ELECTZON AND GENERAL
ELECTTON OF MAY 7, 2005, DELI: I"ZNG THE SABZNE
PASS PORT AUTHORTrY, THE SABZNE PASS
ZNDEPENDENT SCHOOL DZSTRTCT, AND THE PORT
OF PORT ARTHUR NAVZGAT/ONAL DISTR~CT AS
PARTZC~PANTS ZN THE JOZNT ELECTZON,
DESZGNATZNG A NEW CENTRAL COUNTZNG STATZON
MANAGER, DESZGNAT/NG ELECT/ON JUDGES AND
CLERKS, AND MAKZNG OTHER CHANGES ZN THE
ELECTZON ORDERS
(5) P.O. No. 5512 - An Ordinance Amending Ordinance No. 05-07 As
Zt Pertains To Releasing A Portion Of The City's Extraterritorial
Jurisdiction And Disannexing A Portion Of The City's Land Along
Tayior's Bayou That Zt Had Annexed For A Limited Purpose Zn
lg13, All As Requested By The Taylor's Landing Homeowner's
Association
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Barker, seconded by Councilmember Sinegal and carried,
Proposed Ordinance No. 5512 was tabled.
(6) P.O. No. 5513 - An Ordinance As Zt Pertains To The PA Royal
Homes Development Corp Zncentive Agreement
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Thompson, seconded by Councilmember Sinegal and carried,
Proposed Ordinance was adopted becoming Ordinance No. 05-28.
Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Thompson, Prince and Sinegal.
Voting No: None.
The caption of Ordinance No. 05-28 reads as follows:
ORDINANCE NO. 05-28
AN ORDZNANCE AS Tr PERTAZNS TO THE PA ROYAL
HOMES DEVELOPMENT CORP TNCENT~VE
AGREEMENT
(7) P.O. No. 5414 - An Ordinance As ~t Pertains To ~CON Builders, LLC
The City Hanager introduced the above-mentioned Proposed Ordinance.
City Council Minutes March 29, 2005 1:2
The motion was made by Councilmember Sinegal and seconded by Councilmember Thompson
that Proposed Ordinance No. 54~.4 be adopted.
The City Attorney corrected the FiFe No. for the Record as: 2004042443.
The motion was made by Councilmember Sinegal and seconded by Councilmember Prince to
amend P. O. No. 541~, with the above-mentioned File No. correction.
Proposed Ordinance No. 5414 was adopted as amended becoming Ordinance No. 05-29.
Voting Yes: Mayor OrUz; Councilmembers Hannah, Barker, Thompson, Prince and $inegal.
Voting No: None.
The caption of Ordinance No. 05-29 reads as follows:
ORDINANCE NO. 05-29
AN ORDINANCE AS TI' PERTAINS TO ICON BUILDERS~
LLC
(8) P.O. NO. 5515 - An Ordinance Authorizing An Extension For The
Demolition And Removal Of Property Located At 401 Procter
Street
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Sinegal, seconded by Councilmember Thompson and carried,
Proposed Ordinance No. 5513 was removed from the Agenda.
B. *ReDorts And Recommendations
(1) 2005 Street Program
Public Works Director Comeaux presented the above-mentioned report.
(4) February 2005 Financial Report
Finance Director Underhill presented the above-menUoned report.
(2) Possible ~eizure Of Property For Delinquent Taxes And Liens
Managing Tax Attorney Clayton Hayfield of Unebarger, Groggan, Blair & Sampson, LLP,
presented the above-mentioned report.
(5) Widening of West ~eventh Street And Other Development
The City Manager commented on the above-mentioned report.
(6) Status Report On Community prosecution Program
Coordinator of the Community Prosecution Program Wanda Gant presented the above-
mentioned report.
(7) Smoking Regulations
The City Manager presented the above-mentioned report.
(3) Proposed LNG Emissions In Louisiana And Potential Impact On
Clean Air Compliance
The above-mentioned report was held.
VIII. REPORTS OF BOARDS & COt4t4Z'I'rEES
None
IX. *CLOSED MEETING (EXECUTI'VE SESSION)
City Council Minutes March 29, 2005 13
(1) Section 551.O71 Go.v.ernment Code - .To D_is~..uss .Wit_h_Th.e_
Attorney Potential Libgation As Xt Pertains TO wrecker ~erv~ce~
The City Of Port Arthur
(2) Section 551.071 Government Code - To Discuss With The City
A~nrnev Potential Litigation As To Emission Permitting.
...... h The City
(3) 5ection 551.071 Government Code - To D~scuss W~t
Attorney Pending Litigation Of :~ihad "Ail" Mohammed, et aL, vs.
Nichols Company, L.L.P., Arceneaux And Gates, And Park Central
Municipal UUiity District
(4) Section 551.071 Government Code - To Discuss With The City
Attorney Potential Litigation As To SETCD, Xnc. And The City Of
Port Arthur Section 4A Economic Development Corporation.
(5) Section 551.087 - Government Cede - To Discuss The XncenUves
For Commercial, Residential, And Xndustrial Business Prospects
The City Council recessed their meeting at 2:50 p.m. to meet in Executive Session to consider the
above-mentioned topics, and reconvened their meeting at ~,:09 p.m. with the following members
present: Mayor OrUz; Councilmembers Hannah, Barker, Thompson, Prince and Sinegal; City
Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow.
TrEt4S RE(~UXR~NG ZNDZVXDUAL AC1/ON - CONTZNUED
(1) P.R. NO. 13060 - A Resolution Authorizing The Chief Of Police To
Zssue A Wrecker Business Permit To American Towing Located At
6120 Guifway Drive, Port Arthur, TX
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Sinegal, seconded by Coundlmember Thompson and
carried, Proposed Resolution No. 13060 was tabled.
(6) P.R. No. 13077 - A Resolution Authorizing A $450,000 ~ncentive
Agreement With Williams & Rao, LP, For An Enlarged Medical
Office Building
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Thompson, seconded by Councilmember Sinegal and
carried, Proposed Resolution No. 13077 was adopted becoming Resolution No. 05-108.
Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Thompson, Prince and
Sinegal.
Voting No: None.
The caption of Resolution No. 05-108 reads as follows:
RESOLUT/ON NO. 05-108
A RESOLUT/ON AUTHOP~ZXNG A $450,000
INCENTIVE AGREEMENT Wl'rH W~LLXAMS & RAO, LP,
FOR AN ENLARGED MEDXCAL OFFXCE BU~LD~NG
(7) P.R. No. 13081 - A Resolution Authorizing A Settlement Between
Southeast Texas Community Development, ~nc., Reginald
Singleton, Mary Singleton, And The City Of Port Arthur Section 4A
Economic Development Corporation
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Sinegal, seconded by Councilmember Thompson and
carried, Proposed Resolution No. 1308~L was adopted becoming Resolution No. 05-109.
Voting Yes: Mayor O~iz; Councilmembers Hannah, Barker, Thompson, Prince and
$inegal.
Voting No: None.
City Council Ninutes March 29, 2005 ]4
The caption of Resolution No. 05-109 reads as follows:
RESOLU'r~ON NO. 05- 109
A RESOLU'I~ON AUTHORIZING A SE'rI'LEI4ENT
BETWEEN SOUTHEAST TEXAS COI~II4UN]TY
DEVELOPI~IENTf INC.f REGINALD SI'NGLETONf I~IARY
SI'NGLETON~ AND THE C~'Y OF PORT ARTHUR
SECTION 4A ECONOI4ZC DEVELOPMENT
CORPORA'I'~ON
X. FUTURE AGENDA Z'I'Ef4S OR REI~UESTED REPORTS
Counciimember Prince:
Report on Marketing Strategies for the Gulf Coast Health Center
Report on Transforming Park Place Hospital--after the Completion of the New
Medical Center--into a Veterans Administration Hospital for Southeast Texas
Councilmember Sinegal:
Requested the City Host a Special Recognition Day for Port Arthur Citizens to
Honor Soldiers Serving in the Iraq War
X~. AD~OURNI~IENT OF I~lE~- i-NG
Upon the motion of Councilmember Prince, seconded by Councilmernber Sinegal and carried
unanimously, the City Council adjourned their meeting at 4:17 p.m.
An audiodtape of this meeting is on file in the office of the City Secretary and is made a part of
the official minutes of this meeting.
f4AYOR OSCAR G. ORTtZ
ATTEST:
CITY SECRETARY EVANGELINE GREEN
END OF REGULAR i~EETING HELD f4arch 29~ 2005. APPROVED:
City Council Minutes March 29, 2005