HomeMy WebLinkAboutAPRIL 26, 2005 REGULAR MEETING - April 26, 2005
T. ROLL CALL, ZNVOCATION & PLEDGE
The City Co,ncil of the City of Port Arthur met in Regular Session on Tuesday, April 26, 2005 at
8:38 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" Sinegai; City IVlanager Steve
Fitzgibbons; City Secretary Evangeline "Van" Green and City Attorney Mark T. Sokolow.
Mayor Pro Tern Beard arrived at the meeting at 8:42 a.m.
The invocation was given by Councilmember Thompson followed by the pledge to the flag.
ZL PROCLAMATZONS & MZNUTES
Mayor Ortiz issued the following Proclamations:
(1) May 2005 as "Asthma Awareness Month"
(2) April 29 - 30, 2005 as "Relay for Life Days"
(3) January 25, 2005 as "Herman Samuels' Day"
III. Pt m z m zONS & COMMUNICATIONS
A. Presentations
(1) Presentation Of 2004 Employee Service Awards
Assistant Human Resource Director Dr. Albert Thigpen presented the following Employee
Service Awards:
20 Year Service Awards 25 Year Service Awards
Gaye Bouillon
Ken Carona Patricia Davis
Terry Chance Bertha Hutchins
Mark Holmes ~like LaGrappe
Brian Unthicum Ralph Odom
Kermit Morrison Jr.
Ronald Norris 30 Year Service Awards
John Owens
Wayne Roccaforte James Powell
Daniel Smith Patricia Sangwin
Brenda Swan
PUBLIC HEARZNG - 9:00AM
(1) To Consider Whether Or Not To Zssue A Specific Use Permit For An
Auto Storage Tn A Light Commercial (LC) District Located On The
Northeast Corner Of Gulfway Drive And Stilwell Boulevard (1501
& 1521 Gulfway Drive) Applicant: Albert Scott; Z05-03
The Mayor introduced the above-mentioned Public Hearing at 9:03 a.m.
Planning/Grants Director Dale Watson appeared before the Council and presented information
regarding the location and stated reasons for the recommended denial by the Planning and
Zoning Commission.
Community Services Director Lawrence Baker appeared before the Council and spoke on the
tagging of vehicles on the above-mentioned property and the opportunities given to the applicant
to remove his vehicles.
Mr. Albert Scott, Applicant, 241 Thomas Boulevard, appeared before the Council and spoke
regarding his desire to continue his auto storage business at the above-mentioned location.
Upon the motion of Councilmember Henderson, seconded by Councilmember Flood, and carried
unanimously, the City Council closed the Public Hearing at 9:25 a.m.
(2) To Inform The Residents Of The City Of The Cost And Tmpact Of
The Project Or Categories Of Projects As Delineated In The Eight
Propositions Attached To This Agenda As Exhibit "A" Wherein
Section 4A Sales And Use Tax Funds Hay Be Used For Section 4B
Categories Of Projects
The Mayor introduced the above-mentioned Public Hearing at 9:25 a.m.
Mayor Ortiz commented on rationale behind the eight propositions and why the EDC needs more
flexibility.
Councilmember Flood stated his position and concerns regarding the propositions and expressed
that he is against EDC money being used for infrastructure. He also discussed a need to secure
grant money.
Mayor Pro Tern Beard stated his position and concerns with having a Public Hearing af~er the
commencement of Early Voting.
Councilmember Henderson stated he had a problem with the wording of Propositions 5, 6 and 7.
Councilmember Prince questioned City Attorney Sokolow on several points regarding the
propositions.
The City Attorney explained the flexibility that would be given to the Section ~tA Economic
Development Corporation with the eight proposed propositions.
Councilmember Sinegal stated that the people have a right to read the propositions and vote to
make a decision. He spoke in support of the proposed propositions as improving the quality of
life and benefiting the city.
The City Manager further commented on the eight propositions on the May 7, 2005
General/Special Election Ballot.
Councilmember Barker stated that the sales taxes are on the increase and reiterated
Councilmember Sinegal's statement to let citizens vote on the issues.
Councilmember Hannah asked the City Secretary to reiterate publication dates of the eight
proposed propositions on the ballot.
The City Secretary read into the record the following dates of publication of the eight proposed
propositions in The Port ,~rthur New$ in both English and Spanish:
Saturday, March 26, 2005
Saturday, April 2, 2005
Saturday, April 9, 2005
Saturday, April 16, 2005
Saturday, April 23, 2005
The City Attorney read and briefly commented on each proposed proposition to inform the public.
The Mayor requested to hear from anyone in the present in the audience who wished to speak
regarding the above-mentioned Propositions.
The following citizens appeared before the Council to speak:
Mrs. Virginia Dudley, 1835 Snider, Port Arthur, Texas
Mr. Louis May, 3369 63rd Street, Port Arthur, Texas
Mr. Keith Daws, 260! Lakeshore Drive, Port Arthur, Texas
Mrs. Vema Rutherford, Greater Port Arthur Chamber of Commerce President, Port Arthur,
Texas
Nr. Norris Carter, Chairman of the Section ~,A Economic Development, 2020 11th Avenue,
Port Arthur, Texas
Mr. Morris Albright, 2020 11t~ Avenue, Port Arthur, Texas
The City Manager commented on the timeline regarding the Target project.
Councilmember Sinegal stated that industry is part of the reason he supports the propositions
and industry must help Port Arthur drop the unemployment rate.
City Council Hinutes April 26, 2005 2
Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal and carried
unanimously, the City Council closed the Public Hearing at 10:43 a.m.
The City Council recessed their meeting at 10:43 a.m. and reconvened at 11:00 a.m. with the
following members present: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah,
Barker, Henderson, Thompson, Prince and Sinegal; City Manager Fitzgibbons; City Secretan/
Green and City Attorney Sokolow.
Councilmember Flood left the City Council meeting.
~V. Pe I ~ I ~ONS & COMMUNZCAT/ONS
A. Presentations
(2) Presentation By Kirk Vital Regarding Gulf Coast Health Center
Services - Rescheduled
(3) Presentation Regarding "Salute To The Troops" Event To Be Held
On May :1.7, 200S At The Robert A. Bowers Civic Center
Administrative Assistant to the City Manager Doris Gill appeared before the City Council and
highlighted the Tuesday, May 17, 2005 event to be held at the Bob Bowers Civic Center from
6:00 p.m. - 7:30 p.m. The purpose will be to salute our Port Arthur and surrounding area
military heroes and heroines of the Iraq War/Afghanistan Conflict. Port Arthur/Southeast Texas
veterans and families of all soldiers who have and are currently serving our Country in the war
will be honored.
B. S~eakers
(1) Daphne Casses Regarding Thanking The Council For Providing The
West 7th Street Building To H.O.P.E. And Presentation Of A Plaque
Ms. Bernadette Cascio, President of PRO~IECT H.O.P.E. (Helping Our People Excel), P. O. Box
2744, appeared before the City Council and expressed appreciation on behalf of PRO3ECT
H.O.P.E for the support from the City Council and presented a plaque as an award of
appreciation. An invitation was extended to the City Council to attend the 9:00 a.m. ribbon
cutting on April 27, 2005.
Councilmember Prince thanked the Port Arthur Independent School District and the City Manager
for the building.
(2) Debra Ambroise Regarding Project Graduation For Memorial High
School
Ms. Debra Ambroise, 6111 Reba Drive, Port Arthur, Texas, appeared before the City Council and
spoke regarding a supervised drug free event to keep seniors off the street on graduation night.
She asked for a donation of 5 laptop computers at a cost of approximately $3,694.00. Mayor
Ortiz volunteered to assist with this project.
(3) Bryan Nellis Regarding Water And Sewer Problems
Mr. Brian Nellis, 8949 Viterbo Road, appeared before the City Council, discussed water/sewer
problems in his neighborhood and presented a petition to request city water and sewer services.
(4) Monroe 3ohnson Regarding City Ordinances Pertaining To The
Operation Of Businesses Within The City
Mr. Monroe .lohnson, 849 Gulfway Drive, appeared before the City Council regarding the
above-mentioned topic.
The City Council recessed their meeting at 11:33 a.m. and reconvened at 1:11 p.m. with the
following members present: Mayor Ortiz; Councilmembers Hannah, Barker, Henderson, Flood,
Prince and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow.
Councilmember Thompson did not return to the meeting after the recess.
Mayor Pro Tern Beard returned to the meeting at 1:20 p.m.
City Council Minutes April 26, 2005 3
V. PET/T~ONS & COMMUNICA1/ONS
B. Soeakers
Tammy Kotzur Regarding The Convention And Visitors Bureau
Marketing Update Report For The First Quarter Of 2005
Convention/Visitors Bureau Executive Director Tammy Kotzur, appeared before the City
Council to present the January - March 2005 Quarterly Marketing Update of the Port
Arthur Convention and Visitors Bureau.
C. Corresoondence - None
V. UNF[NZSHED BUSTNESS
None.
V~. CONSENT AGENDA
Upon the motion of Councilmember Henderson, seconded by Councilmember Barker and carried
unanimously, the following Consent Agenda items were adopted with the exception of Proposed
Resolutions No. 13101, 13102, 13105 and 13113:
(A) Consideration And Approval To Renew The Option For The
Purchase Of Personnel Work Uniforms From Lone Star Uniforms Of
Houston, Texas Tn An Estimated Amount Of $23,633 For The Fire
Department.
(B) Consideration And Approval Of The Purchase Of One 2006 Ford
Super Duty F-2S0 Crew Cab Pickup Truck From Baby 3ack Ford Of
Columbus, Texas (With BuyBoard Cooperative Purchasing Pricing)
Tn The Amount Of $20,714 For The Fire Department.
(C) Exoense Report
Mayor Oscar G. Ortiz:
Tax Credit Hearing, Austin, Texas
April 11, 2005 $100.00
Councilmember Deloris "Bobble" Prince:
Westside Development Business Trip, Dallas, Texas
April 8 - 10, 2005 $300.51
Councilmember Michael "Shane" Sinegah
Westside Development Business Trip, Dallas, Texas
April 8 - 10, 2005 $329.84
City Manager Steve Fit=gibbons:
Westside Development Business Trip, Dallas, Texas
April 9, 2005 $17.25
Resolutions - Consent
(3) P.R. No. 13103 - A Resolution Approving Sewer Adjustments To
Certain Utility Accounts.
Proposed Resolution No. 13103 was adopted becoming Resolution No. 05-128.
(S) P.R. No. 13108 - A Resolution Accepting A Donation From The U.
S. Smokeless Tobacco Company Of A Polaris Ranger 6X6 Utility
Vehicle To The Police Department Valued At Approximately
$9,000.
Proposed Resolution No. 13108 was adopted becoming Resolution No. 05-129.
(6) P, R, No. 13109 - A Resolution Authorizing The Execution Of A
Lease Between The City Of Port Arthur And Port Arthur H.O.P.E. At
701 West 7th Street & 723 Texas Avenue Tn Port Arthur, Texas.
City Council Minutes April 26, 2005 4
Proposed Resolution No. 13109 was adopted becoming Resolution No. 05-130.
VII. 1TEMS RE(~UZRZNG TNDZVZDUAL ACT/ON- NON-CONSENT
Resolution - Consent
(1) P.R. NO. 13101 - A Resolution Authorizing The Execution Of An
Amendment To The Contract Between The City Of Port Arthur And
Rose E. Quirante, R.D., For The Provision Of Dietary Consultation
Services For The Women, Znfants And Children (WIC) Program
And Diabetes Education Classes To The Health Department
Clients.
Mayor Ortiz introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal
that Proposed Resolution No. 13101 be adopted.
The City Manager responded to an inquiry from Councilmember Henderson regarding staffing and
hourly time on task for the diabetes educational classes and the contracts with two individuals to
provide services in the above-mentioned Proposed Resolution and in Proposed Resolution No.
13102.
Director of the Health Department Ernestine Wade, appeared before the City Council to explain
the purpose of the staffing of two individuals and the differentiation between the responsibilities
for the two Proposed Resolutions.
Proposed Resolution No. 13101 was adopted becoming Resolution No. 05-131.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah, Barker,
Henderson, Flood, Prince and $inegal.
Voting No: None.
The caption of Resolution No. 05-131 reads as follows:
RESOLUTION NO. 05-131
A RESOLUTZON AUTHORZZTNG THE EXECUTZON OF
AN AMENDMENT TO THE CONTRACT BETWEEN THE
CZTY OF PORT ARTHUR AND ROSE E. QUZRANTE,
R.D., FOR THE PROVZSION OF DIETARY
CONSULTATZON SERVICES FOR THE WOMEN,
INFANTS AND CHZLDREN (WIC) PROGRAM AND
DZABETES EDUCATZON CLASSES TO THE HEALTH
DEPARTMENT CLIENTS.
(2) P.R. No. 13102 - A Resolution Authorizing The Execution Of A
Contract Between The City Of Port Arthur And Betty 3. Sennemari,
RN, CDE, For The Provision Of Dietary Consultation And Diabetes
Education Services For The Health Department.
Mayor Ortiz introduced the above-mentioned Proposed Resolution.
Upon the motion made by Councilmember Henderson, seconded by Councilmember Sinegal and
carried unanimously, Proposed Resolution No. 13102 was adopted becoming Resolution No. 05-
132.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmembers Hannah, Barker,
Henderson, Flood, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 05-132 reads as follows:
RESOLUTZON NO. 05-132
A RESOLUTZON AUTHORZZING THE EXECUTZON OF A
CONTRACT BETWEEN THE CITY OF PORT ARTHUR
City Council Minutes April 26, 2005
AND BETTY 3. SENNEHAR/, RN, CDE, FOR THE
PROVZSTON OF DI'ETARY CONSULTATZON AND
DZABETES EDUCAT/ON SERVICES FOR THE HEALTH
DEPARTMENT.
(4) P.R. NO. 13105 - A Resolution Approving An Invoice Or Invoices
Of The City Of Port Arthur Section 4A Economic Development
Corporation.
Mayor Ortiz introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal
that Proposed Resolution No. 13105 be adopted.
The City Attorney stated that the last two pages of the Proposed Resolution should be removed
because they were inadvertently scanned.
Councilmember Henderson expressed a concern with the appearance of the Business Park and
the lack of maintenance of the property. He is concerned that the invoices do not match the
company awarded the contract for maintenance of the Business Park and about monitoring of
contract performance.
Finance Director Underhill appeared before the City Council and reminded the Council of the two
existing contracts for the mowing of the open space with M.D. Arena and the landscaping portion
contract with Sandra Enterprises.
The City Manager reiterated the rationale behind the awarding of the mowing and landscaping
contracts and the fact that both were approved bids.
Proposed Resolution No. 13105 was adopted becoming Resolution No. 05-133.
Voting Yes: Mayor Ortiz; Hayor Pro Tem Beard; Councilmembers Hannah, Barker,
Henderson, Flood, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 05-133 reads as follows:
RESOLUT/ON NO. 05-133
A RESOLUTZON APPROVING AN INVOICE OR
INVOICES OF THE CZTY OF PORT ARTHUR SECTZON
4A ECONOMIC DEVELOPMENT CORPORATZON.
(7) P.R. No. 13113 - A Resolution As It Pertains To A $450,000
Incentive Agreement With Williams & Rao, LP, For An Enlarged
Medical Office Building.
Mayor Ortiz introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal
that Proposed Resolution No. 13113 be adopted.
The City Attorney responded positively to an inquiry from Councilmember Henderson regarding
Option #1 of the incentive agreement where the City would acquire one lot of each $150,000 that
would be invested. Councilmember Henderson expressed concerns as to whether the City gets to
choose which properties there are and if they would be contiguous with the other properties that
we own.
Proposed Resolution No. 13113 was adopted becoming Resolution No. 05-134.
Voting Yes: Mayor Ortiz; Mayor Pro Tem; Councilmembers Hannah, Barker, Henderson,
Flood, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 05-134 reads as follows:
City Council Minutes April 26, 2005 6
RESOLUTLON NO. 05-134
A RESOLUTTON APPROVING AN INVOICE OR
INVOICES OF THE CITY OF PORT ARTHUR SECT/ON
4A ECONOMIC DEVELOPMENT CORPORAl'[ON.
A. Resolutions
(1) P.R. No. 13104 - A Resolution As It Pertains To A Purchase
Agreement Of KCS Property By The City Of Port Arthur And The
City Of Port Arthur Section 4A Economic Development
Corporation.
Mayor Ortiz introduced the above-mentioned Proposed Resolution.
Upon the motion made by Councilmember Henderson, seconded by Councilmember Sinegal and
carried unanimously Proposed Resolution No. 13104 was adopted becoming Resolution No. 05-
135.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmembers Hannah, Barker,
Henderson, Flood, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 05-135 reads as follows:
RESOLUTLON NO. 05-135
A RESOLUTZON AS TI' PERTAINS TO A PURCHASE
AGREEMENT OF KCS PROPERTY BY THE CITY OF
PORT ARTHUR AND THE CITY OF PORT ARTHUR
SECT/ON 4A ECONOMIC DEVELOPMENT
CORPORATLON,
(2) P.R. No. 13107 - A Resolution Authorizing The Execution Of A
Payment Agreement Between The City Of Port Arthur And Wythe
II Corporation For Payment Of Their Utility Account.
The above-mentioned Proposed Resolution was held until after Executive Session.
(3) P.R. No. 13110 - A Resolution Authorizing The Mayor And City
Manager To Execute An Amended Contract For Professional
Services Between The City Of Port Arthur And Dikita Enterprises
Of Texas, Inc. Of Port Arthur, Texas To Design ~[mprovements For
The Widening Of West 7m Street; Said Contract Previously Being
Approved By Council Per Resolution No. 05-092 And Not To
Exceed An Amount Of $47,870, Funds Being Available In CIP 004,
Account Number 301-1601-591.86-00.
Mayor Ortiz introduced the above-mentioned Proposed Resolution.
Councilmember Martin Flood recused himself from any discussion or action pertaining to
the Proposed Resolution 13110.
The motion was made by Mayor Pro Tern Beard and seconded by Councilmember Sinegal that
Proposed Resolution No. 13110 be adopted.
Coundlmember Prince asked the Council to amend the above-mentioned Proposed Resolution to
include having a similar street resurfacing of West 7th Street from Houston Avenue to Martin
Luther King, Jr. Boulevard to ensure uniformity.
The City Manager responded that this is an engineering contract that doesn't address the bids
and specifications and that this portion deals with only the widening of the street. He also added
that a plan will be brought back to the City Council to include upgrades--while also taking costs
under consideration.
The Mayor discussed plans to repair all curbs and gutters and to have street uniformity
throughout the project area.
City Council Minutes April 26, 2005 ?
There was no further action to amend P. R. No. 13110 after the discussion.
Proposed Resolution No. 13110 was adopted becoming Resolution No. 05-136.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah, Barker,
Henderson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 05-136 reads as follows:
RESOLUTION NO. 0"5-136
A RESOLUTION AUTHOR/ZZNG THE MAYOR AND CZTY
MANAGER TO EXECUTE AN AMENDED CONTRACT FOR
PROFESSZONAL SERVTCES BETWEEN THE cTrY OF
PORT ARTHUR AND DTKI'I'A ENTERPRZSES OF TEXAS,
TNC. OF PORT ARTHUR, TEXAS TO DESTGN
ZMPROVEMENTS FOR THE WTDENING OF WEST 7TH
STREET; SATD CONTRACT PREVIOUSLY BETNG
APPROVED BY COUNCTL PER RESOLUTION NO. 05-
092 AND NOT TO EXCEED AN AMOUNT OF $47~870~
FUNDS BEi'NG AVATLABLE TN CTP 004~ ACCOUNT
NUMBER 301-z 601-591.86-00.
B. Ordinances
(1) P.O. No. 5518 - An Ordinance Disannexing Tract I - 250.8
Acres Out Of Divisions B, C, And 4 Through 8, Dennis
Gahagan League, Abstract 123; Tract 2 - 174.6 Acres Of
Land Submerged, Part Of Division 1, Dennis Gahagan
League, Abstract 123; And Tract 3 - 476.2 Acres Of Land,
Part Of Divisions A And B, Dennis Gahagan League, Abstract
123.
The City Manager introduced the above-mentioned Proposed Ordinance.
Mayor Pro Tern Beard recused himself from any discussion or action pertaining to the Proposed
Resolution 13110.
The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal
that Proposed Ordinance No. 5518 be adopted.
Councilmember Henderson inquired about the necessity of property owners to agree to
disannexation in order for it to become effective.
The City Attorney responded regarding plans to do an in lieu of tax agreement/industrial district
agreement with the affiliated company~olden Pass. He explained the concept as being that if
we're not paid a certain amount of money, we would annex the company and that Golden Pass
has already signed the consent form. The City Attorney further explained that Mr. Strawser, of
Doornbos Companies, has indicated that he can also obtain signatures of the owners to the
consent form.
The City Attorney further stated that modifications are needed on the Proposed Ordinance. He
recommended the following amendments:
Tract 1, tract 2 and tract 3--legal descriptions are correct--but not recorded as tract 1,
tract 2 and tract 3. Strike the wording "tract 1, tract 2 and tract 3" so we don't have a
problem with that.
Clarification that the acreage is 17~t. 6 acres of land submerged, part of Division A, Dennis
Gahagan League, Abstract No. 123, Jefferson County, Texas, and that's property that
Golden Pass has an option on. Then they have 476.2 acres of land, part of Divisions A &
B, Dennis Gahagan League, Abstract No. 123, Jefferson County, Texas--and there's an
option on that. And the rest of it is 250.8 acres of land, part of Divisions B, C, and 4
through 8 of Abstract No. 123, Jefferson County, Texas.
City Council Minutes April 26, 2005 8
Regarding the Consent, language will read "That this Agreement shall not be effective
unless all of the owners of the properb/described in Exhibit "A', as well as Golden Pass,
sign the Consent described herein in substantially the same form .... The language added
is substantially in the same form as to the consent and deleting the words "tract 1, tract 2
and tract 3" but leaving in the actual legal descriptions--and be a part of Division A as
tract 2.
The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal
that Proposed Ordinance No. 5518 be amended as stated by the City Attorney.
The motion to amend Proposed Ordinance No. 5518 carried over the dissenting vote of Mayor
Ortiz.
Proposed Ordinance No. 5518 was adopted as amended becoming Ordinance No. 05-31.
Voting Yes: Councilmembers Hannah, Barker, Henderson, Flood, Prince and Sinegal.
Voting No: Mayor Ortiz.
The caption of Ordinance No. 05-3! was amended to read as follows:
ORDZNANCE NO. 05-31
AN ORD?NANCE DISANNEX~NG 250.8 ACRES OUT OF
DIVISIONS B, C, AND 4 THROUGH 8, DENNIS
GAHAGAN LEAGUE, ABSTRACT 123; 174.6 ACRES OF
LAND SUBMERGED, PART OF Dl%/~SION A, DENNIS
GAHAGAN LEAGUE, ABSTRACT 123; AND 476.2
ACRES OF LAND, PART OF DIVISIONS A AND B,
DENNIS GAHAGAN LEAGUE, ABSTRACT 123.
(2) P.O. No. 5519 - An Ordinance Amending Ordinance No. 05-07 As
It Pertains To Releasing A Portion Of The City's Extraterritorial
3urisdiction And Disannexing A Portion Of The City's Land Along
Taylor's Bayou That It Had Annexed For A Limited Purpose In
1913; All As Requested By The Taylor's Landing Homeowner's
Association.
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Mayor Pro Tern Beard and seconded by Councilmember Sinegal that
Proposed Ordinance No. 5519 be adopted.
The City Attorney explained to the City Council that he wrote the Ordinance with a "spot in it
under Section 2. that the City of Port Arthur grants the extension request to Taylor's Landing
Homeowners Association, with the exception of the property owned by blank and blank. And so,
if you don't want to include Braxton's property or the LaBelle property, (at) the last meeting--Mr.
Wright said that he didn't want Braxton...and he mentions the LaBelle property--not wanting to
be in it. When ! discussed it with Mr. Durkay, he said that he understood, ! think, the LaBelle
property wanted to be in it and so ! told him that the Council was amenable to just a small
homeowner section. But, what ! ended up doing was writing the resolution and all y'all need to
do is fill in the blank as to which landowner that you want to exclude from it."
Mr. Jerry Braxton, LaBelle Property Owner, appeared before the City Council in opposition to the
disannexation of a portion of the City's land along Taylor's Bayou.
Mr..lohn Durkay, 116 Country Club Dr., Taylor's Landing, appeared before the City Council also in
opposition to the disannexation. He clarified confusion regarding the three groups of land--the
blue piece, the green piece (Mr. Braxton's), and other land owned by the Heberts and LaBelle
Properties who are unopposed to the disannexation. He also explained that another issue that is
different is the release from ET.1 and that not all of the green land needs to be disannexed .... Hr.
Durkay advocates conducting an election.
The motion was made by Mayor Pro Tem Beard and seconded by Councilmember Flood that
Proposed Ordinance No. 5519 be amended by filling in the blank of Section 2 to read...with the
exception of the property owned by "Mr. Braxton or his affiliates as delineated in the area marked
in green on the Exhibit attached hereto as Exhibit "B","
The motion to amend Proposed Ordinance No. 55!9 carried unanimously.
City Council Minutes April 26, 2005 9
Proposed Ordinance No. 5519 was adopted as amended becoming Ordinance No. 05-32.
Councilmember Sinegal was out-of-his-seat during the vote.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah, Barker, Henderson, Flood and Prince.
Voting No: None.
The caption of Ordinance No. 05-32 reads as follows:
ORDI'NANCE NO. 05-32
AN ORD/NANCE AMENDI'NG ORDTNANCE NO. 05-07
AS 1'1' PERTAINS TO RELEASING A PORT/ON OF THE
cI'rY'S EXTRATERRZTORZAL 3URZSDICT/ON AND
DlrSANNEX/NG A PORT/ON OF THE C1TY'S LAND
ALONG TAYLOR'S BAYOU THAT Z'l' HAD ANNEXED
FOR A LI~MI'TED PURPOSE I'N 1913; ALL AS
RE(~UESTED BY THE TAYLOR'S LANDI*NG
HOMEOWNER'S ASSOCZAT/ON.
(3) P.O. No. 5520 - An Ordinance As It Pertains To Wonderfully Made
Ministries,/nc.
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal
that Proposed Ordinance No. 5520 be adopted.
The City Attorney commented that the Proposed Ordinance is a correction of a legal description.
Proposed Ordinance No. 5520 was adopted becoming Ordinance No. 05-33.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah, Barker,
Henderson, Flood, Prince and Sinegal.
Voting No: None.
The caption of Ordinance No. 05-33 reads as follows:
ORDlrNANCE NO. 05-33
AN ORDINANCE AS ZT PERTAI*NS TO WONDERFULLY
MADE MINISTRZES, TNC.
(4) P.O. No. 5521 - An Ordinance Amending Section 110-66 Of The
Code Of Ordinances As It Pertains To Payment Plans.
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal and carried
unanimously, Proposed Ordinance No. 5521 was adopted becoming Ordinance No. 05-34.
The Mayor Pro Tern was out-of-his-seat during the vote.
Voting Yes: Mayor Ortiz; Counciimembers Hannah, Barker, Henderson, Flood, Prince and
Sinegal.
Voting No: None.
The caption of Ordinance No. 05-34 reads as follows:
ORDINANCE NO, 05-34
An Ordinance Amending Section 110-66 Of The Code
Of Ordinances As :~t Pertains To Payment Plans.
City Council IViinutes April 26, 2005
I
P.O. No. 5522 - An Ordinance As Zt Pertains To Zcon Builders, LLC
And The Construction Of Commercial Buildings At 9t~ Avenue And
Turtle Creek.
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal
that Proposed Ordinance No. 5522 be adopted.
Mr. Ike Akbari, TCON Builders, LLC., appeared before the City Council regarding his construction
project at 9th Avenue and Turtle Creek Drive.
Proposed Ordinance No. 5522 was adopted becoming Ordinance No. 05-35.
Voting Yes: Mayor Ortiz; Counciimembers Hannah, Barker, Henderson, Flood, Prince and
Sinegal.
Voting No: None.
The caption of Ordinance No. 05-35 reads as follows:
ORDINANCE NO. 05-35
An Ordinance As It Pertains To Icon Builders, LLC
And The Construction Of Commercial Buildings At 9~
Avenue And Turtle Creek.
(6) P.O. No. 5523 - An Ordinance As It Pertains To The City
Propositions As To Whether Or Not The Existing Section 4A Sales
Tax Should Be Utilized For Various Categories Of Projects As
Described In Section 4B Of Article 5:~90.6, Vernon's Texas Code
Annotated
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion made by Councilmember Sinegal, seconded by Councilmember Henderson and
carried unanimously, Proposed Ordinance No. 5523 was adopted becoming Ordinance No. 05-36.
Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Henderson, Prince and
Sinegat.
Voting No: None.
The caption of Ordinance No. 05-36 reads as follows:
ORDINANCE NO. 05-36
AN ORDINANCE AS Tr PERTAINS TO THE CTrY
PROPOSxt'IONS AS TO WHETHER OR NOT THE
EXIST~[NG SECTION 4A SALES TAX SHOULD BE
UI'~I.~ZED FOR VARZOUS CATEGORZES OF PROIECTS
AS DESCRIBED IN SECT[ON 4B OF ARTZCLE 5190.6,
VERNON'S TEXAS CODE ANNOTATED
C. *Re~orts And Recommendations
(~L) Harch, 2005 Financial Report
Finance Director Rebecca Underhill presented the above-mentioned report.
(2) Report On City Of Port Arthur Employees & Retirees Picnic To Be
Held At The Procter Street Pavilion On May 21, 2005
The City Manager presented the above-mentioned report.
(3) Report On General Obligation Bond Refunding, Series 2005
Finance Director Rebecca Underhiil presented the above-mentioned report.
City Council Minutes April 26, 2005 11
(4) Report On Office Space For The Greater Port Arthur Chamber Of
Commerce, Convention & Visitors Bureau And Economic
Development Corporation
The Mayor setIup a committee to meet on Wednesday, April 27, 2005 at 1:00 p.m. at the
Chamber of Commerce.
(5) Report On Economic Development Issues Related To Mixed
Beverages In Restaurants
Greater Port Arthur Chamber of Commerce President Verna Rutherford, appeared before the City
Council and commented on the above-mentioned report. Mrs. Rutherford expressed her
disappointment as "a matter of record for having to make a trip to Austin, spend the day, have
funds that were donated, people's time that was extensively spent a couple of months ago--only to
go to Austin last week to find that we had enough signatures. And, T think that that needs to be
made a made a matter of record."
The City Manager and City Secretary made additional comments.
VIII. REPORTS OF BOARDS & COMM- I, EES
None
IX, *CLOSED MEETING (EXECUTIVE SESSION)
Closed Meetina:
(1) Section 551.087 Government Code - To Discuss Incentives For
Commercial, Residential And Industrial Business Prospects.
(2) Section 551.071 Government Code - To Discuss With The City
Attorney Potential Litigation As To VVYTHE II CORPORATION -
BRTI'rANY PLACE APARTMENTS
(3) Section 551.071 Government Code - To Discuss With The City
Attorney Pending Litigation As It Pertains To Ambulances.
The City Council recessed their meeting at 2:56 p.m. to meet in Executive Session to consider the
above-mentioned topics, and reconvened their meeting at ~,:0'~ p.m. with the following members
present: Mayor Ortiz; Hayor Pro Tem Beard; Councilmembers Hannah, Barker, Henderson, Flood,
Prince and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow.
VII. rrEMS RE(~UIRING INDIVIDUAL ACTION - CONTINUED
A. Resolutions
(2) P.R. No. 131.07 - A Resolution Authorizing The Execution Of A
Payment Agreement Between The City Of Port Arthur And Wythe
II Corporation For Payment Of Their Utility Account.
Mayor Ortiz introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Henderson, seconded by Councilmember Prince and carried
unanimously Proposed Resolution No. 13107 was adopted becoming Resolution No. 05-137.
The caption of Resolution No. 05-137 reads as follows:
RESOLUTION NO, 05-137
A RESOLUTION AUTHORIZING THE EXECUTION OF A
PAYMENT AGREEMENT BETWEEN THE CITY OF PORT
ARTHUR AND 1NY'rilE II CORPORATION FOR
PAYMENT OF THEIR UTILITY ACCOUNT.
X. FUTURE AGENDA ITEMS OR REQUESTED REPORT
Councilmember Prince: Requested a status report on securing a Veterans
Hospital at the former Park Place Hospital site.
Updated report on search for the employment of an
EDC Director.
City Council Minutes April 26, 2005
Councilmember Flood: Report on sewer work needed at 2257 Shirley Street.
Status report on demolition of a burned house on
Montrose Street.
Requested work done at Jade and 634 Street
regarding water valve problems.
Expressed concerns regarding missing signs in Port
Acres.
Requested a report on the Trailer Park at 61~ Street
and West Port Arthur Road.
Requested street lights on Cambridge Street.
Mayor Pro Tem Beard: Requested a dratt of work that can be performed by
Rueben Brown for the City of Port Arthur.
Updated report on Westside Development with Dikita
Enterprises.
Requested a future LNG workshop with EXXON Mobil.
Plan a joint workshop with Chenier and EXXON Mobil.
Councilmember Barker: Asked the City Attorney to research the action of
candidates placing campaign signs on cars without
permission.
Councilmember Henderson: Requested a continuation of the National Day of
Prayer annual observation.
Councilmember $inegal: Requested an updated report on street repairs.
Xl'. AD3OURNMENT OF MEETING
Upon the motion of Councilmember Prince, seconded by Counci~member Sinegal and carried
unanimously, the City Council adjourned their meeting at 4:20 p.m.
An audio-tape 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.
MAYOR OSCAR G. ORT1'Z
ATTEST:
CITY SECRETARY EVANGELINE GREEN
END OF REGULAR MEETING HELD April 26, 2005. APPROVED:
City Council Minutes April 26, 2005 13