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HomeMy WebLinkAboutFEBRRUARY 14, 2006 - REGULAR REGULAR MEETING - February 14, 2006 I. ROLL CALL, INVOCATION & PLEDGE The City Council of the City of Port Arthur met in Regular Session on Tuesday, February 14, 2006 at 5:45 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Oscar G. Ortiz; Mayor Pro Tem Ronnie Thompson; Councilmembers Thomas .1. Henderson, Deloris "Bobble" Prince and Michael "Shane" Sinegal; City Manager Steve Fitzgibbons; City Secretary Evangeline "Van" Green and City Attorney Mark T. Sokolow. Mayor Pro Tem Thompson gave the invocation followed with the pledge to the flag. Councilmember Willie "Bae" Lewis, .lr. and Councilmember ,~ohn Beard, .lr. arrived at the City Council meeting at 5:47 p.m. II. PROCLAMATIONS & MINUTES Minutes - 3anuary 24, 2006 3oint/Special Meeting Upon the motion of Councilmember Henderson, seconded by Mayor Pro Tern Thompson and carried unanimously, the City Council approved the above-mentioned minutes. III. PETITIONS &COMMUNICATIONS A. Presentations Pat Avery And Steve Long Regarding Potential Capital Investment Project Being Brought To The ToTal Petrochemicals Port Arthur Refinery ToTal Petrochemicals USA, Inc. Plant Manager Wouter Raemdonck, 1630 Oxford Court, appeared before the City Council to introduce ToTal Petrochemicals Administrative Manager Pat Avery, ToTal Petrochemicals Technical Manager Rajan Krishnan, ToTal Petrochemicals Project Manager .John Carrens and Industrial Valuation Services Managing Partner Steve Long. Mr. Raemdonck announced ToTal Petrochemical Port Arthur Refinery's potential $900 Million Coker Project. Industrial Valuation Services Managing Partner Steve Long appeared before the City Council to extend appreciation for City Council support. Mr. Long commented that the potential project would increase City revenues through industrial district contracts and would increase their facility's economic viability for the future. Mr. Steve Long reported that if ToTal Petrochemicals wins the project, construction would begin in 2007 and would require approximately eighteen months to complete. The Managing Partner announced that construction would peak at 3,500 employees and that the project would result in 60 additional permanent jobs. Mayor Ortiz commended the group for their potential capital investment project and requested that a proclamation of support be issued. Councilmember Beard suggested that a resolution of support also be prepared. B. Soeakers (1) ~ohn Henning Regarding Increase In Texas Gas Service Rates Mr..]ohn Henning, 3110 North Park Drive, appeared before the City Council to speak in opposition to the proposed Texas Gas service rate increase. Mr. Henning discussed issues of poor customer service, misreading of meters and rising gas costs. Mayor Ortiz suggested that Mr. Henning contact to the Public Utility Commission to voice his concerns. Councilmember Felix A. Barker arrived at the City Council meeting at 6:08 p,m. (2) Donny Delatte Regarding Location Of RV Parks Mr. Donny Delatte, 5025 Broadway, Sabine Pass, appeared before the City Council to voice opposition to a RV/Trailer Park near his home. Hr. Delatte conveyed his concerns for the safety and welfare of his family. Planning/Grants Director Dale Watson appeared before the City Council to present background information regarding the recent code change. The Planning and Grants Director added that the code amendment would be in effect for five years. The City Manager noted that the City Council enacted the code of ordinance amendment to address housing shortages and hurricane disaster rebuilding efforts. Councilmember Beard requested to meet with Mr. Delatte to address his concerns. Fire Chief Larry Richard appeared before the City Council to respond to Fire Code inquiries. (3) Paul Kreins Regarding Saving Park Central Bowling Center Former Park Central Bowling Center Managing Partner Paul Kreins, 3333 Turtle Creek Drive, appeared before the City Council to request support in saving the Park Central Bowling Center. He explained that the building was damaged by the hurricane and the property owners are proposing to sell the property. He stated that the facility had become a family entertainment destination spot with many programs for children, as well as a gathering place for senior citizens. Mr. Kreins discussed community support, property acquisition, repair costs and investment opportunities. Mayor Ortiz noted that this is a perfect example of the usefulness of a 4B Economic Development Corporation investing in recreation activities for children. C. Corresnondence None ZV. PUBLTC HEARZNG - 7:00PF,! None V. UNFZN[SHED BUS[NESS P. O. No. 5583 - An Ordinance Providing For The Conduct Of The May 13, 2006 General Election For The Purpose Of Electing Councilmembers From Districts 5, 6, 7 And 8 In The City Of Port Arthur, Texas; And Providing For A 3oint Election With The Port Arthur Independent School District, The Sabine Pass Independent School District, And The Sabine Pass Port Authority, In Accordance With Chapter 27Z Of The Texas Election Code, And Providing For The Publication Of The Election Notice 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. 5583 be adopted. City Secretary Evangeline Green responded to inquiries related to the forthcoming May 13, 2006 municipal election early voting dates, required election officials at each polling place and projected cost increases due to the new electronic voting equipment. Councilmember Lewis proposed using Memorial High School as an early voting polling location for eighteen year-olds and stated that he will seek permission from the newly appointed Port Arthur ]~ndependent School District Interim Superintendent Dr..~im Weeks. City Council Minutes - Regular Meeting - February 14, 2006 Proposed Ordinance No. 5583 was adopted becoming Ordinance No. 06-05. Voting Yes: Mayor Ortiz; Mayor Pro Tem Thompson; Councilmembers Lewis, Barker, Henderson, Beard, Prince and Sinegai. Voting No: None. The caption of Ordinance No. 06-05 reads as follows: ORDINANCE NO. 06-05 AN ORDINANCE PROVIDING FOR THE CONDUCT OF THE I~IAY 13, 2006 GENERAL ELECTION FOR THE PURPOSE OF ELECTING COUNCILI4Et4BERS FROt4 DISTRICTS 5, 6, 7 AND 8 IN THE CITY OF PORT ARTHUR, TEXAS; AND PROVIDING FOR A .1OINT ELECTION WITH THE PORT ARTHUR INDEPENDENT SCHOOL DISTRICT, THE SABINE PASS INDEPENDENT SCHOOL DISTRICT, AND THE SABINE PASS PORT AUTHORITY, IN ACCORDANCE WITH CHAPTER 271 OF THE TEXAS ELECTION CODE, AND PROVIDING FOR THE PUBLICATION OF THE ELECTION NOTICE VI. CONSENT AGENDA Upon the motion of Henderson, seconded by Councilmember Sinegal and carried, the following Consent Agenda items were adopted with the exception of Proposed Resolutions No.'s 13193, 13420, 13434: A. Consideration And Approval Of Payment To Toter Incorporated Of Carol Stream, Illinois In The Amount Of $51,481.76 For The Purchase Of 2,000 Toters (Damaged/Destroyed By Hurricane Rita) For The Public Works Department (Solid Waste Division) B. Consideration And Approval Of A Bid For Hauling Leachate (From The City's Landfill) To Triangle Waste Solutions Of Nederland, TX At A Unit Price Of $52.02 Per Hour For The Public Works Department (Solid Waste Division) C. Consideration And Approval Of Payment To Allied Electrical Contractors Of Beaumont, TX In The Amount Of $12,624.98 For The Repair Of Lights At The Yt4CA D. Consideration And Approval Of Awarding A Bid To Remove Sheetrock At The Water Service Center To Eagle-Pro Contractors Of Beaumont, TX In The Amount Of $12,283.80 And For The Removal And Disposal Of Ceiling Tile, Floor Tile And Carpet At The Water Service Center To Pick 2 Contractors Of Houston, TX In The Amount Of $8,166 E. Consideration And Approval Of Awarding A Bid For The Replacement Of Masonry Wall (In The Pool Area) At The YMCA To Pick Two Contractors Of Crosby, TX In The Amount Of $39,862 F. Consideration And Approval Of Payment To ICU Environmental, Health And Safety Of Nederland, Texas In The Amount Of $5,560 For Asbestos Abatement Project At City Hall G. Consideration And Approval Of Payment To Stewart And Stevenson In The Amount Of $8,922 For Emergency Repairs To Fire Engine 2 (Equipment #1278) City Council Minutes - Regular Meeting - February 14, 2006 3 H, Expense RePorts Mayor Oscar G. Ortiz: Attend Annual United States Conference Of Mayors In Washington, D.C. 3anuary 24-28, 2006 $ 2,460.47 City Manager Steve Fitzgibbons: Attend Hurricane Rita Recovery Meeting In Washington, D.C. February 6 -8, 2006 $ 369.41 Assistant City Secretary Terri Hanks: Attend TMCCP Election Law Seminar In Austin, Texas 3anuary 17-20, 2006 $ 1,401.68 Resolutions - Consent (2) P.R. No. 13265 - A Resolution Awarding A Contract To AAR~ Inc., Zn The Amount Of $13,120.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of Two (2) Dangerous Commercial Buildings Located At 531-549 Austin Avenue And 2349 E. 7th Street, To Be Charged To Account No. 105-1431-552.59-00, Project No. C31120 Proposed Resolution No. 13265 was adopted becoming Resolution No. 06-047. ([3) P.R. No. 13279 - A Resolution Awarding A Contract To Inland Environments, LTD., In The Amount Of $48,034.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of Five (5) Dangerous Commercial Buildings Located Throughout The City, To Be Charged To Account No. 105-1431-552.5g-o0, Project No. C31120 Proposed Resolution No. 13279 was adopted becoming Resolution No. 06-048. (4) P.R. No. 13284 - A Resolution Awarding A Contract To Arrow Services, Inc., In The Amount Of $650.00, And Authorizing The Execution Of A Contract For The Demolition Of One (1) Dangerous Commercial Building (No Asbestos) Located At 432 Houston Avenue, To Be Charged To Account No. 105-1431-552.59-00, Project No. C31120 Proposed Resolution No. 13284 was adopted becoming Resolution No. 06-049. (5) P.R. No. 13363 - A Resolution Pertaining To The Legal Services Agreement With Crain, Caton & lames As It Pertains To The Landfill Permit Amendment (Account No. 403-1274-533.54-00) Proposed Resolution No. 13363 was adopted becoming Resolution No. 06-050. (6) P.R. No. 13411 - A Resolution Authorizing The Execution Of An Encroachment Agreement Between The City Of Port Arthur And Shirley A. Fontenot Pertaining To A Public Utility Easement Whereupon Structures Have Been Erected On Lot 11, Block 5, Highland Heights No. 1 Addition, Located At 2709 Oxford Drive In The City Of Port Arthur Proposed Resolution No. 13411 was adopted becoming Resolution No. 06-051. city Council Minutes - Regular Meeting - February 14, 2006 4 (7) P.R. No. 13412 - A Resolution Authorizing The Execution Of An Encroachment Agreement Between The Cib/Of Port Arthur And The First Church Of The Nazarene Pertaining To A Public Utility Easement Whereupon Structures Have Been Erected On Lots I & 2, Block 21, Park Place 4 Addition, Located At 4032 Memorial Blvd. In The City Of Port Arthur Proposed Resolution No. 13412 was adopted becoming Resolution No. 06-052. (9) P.R. No. 13421 - A Resolution Awarding A Bid And Authorizing The Execution Of A One (1) Year Contract Between The City Of Port Arthur And L. D. Construction Of Beaumont, Texas For Planing And/Or Texturing Of Pavement On A Unit Cost Basis For Various City Funded And Community Development Block Grant (CDBG) Funded Street Projects; Proposed Funding: Street Division FY 2006 Budget Account 001-1203-531.36/51/86 And The 31St Year CDBG Street Project Accounts. Proposed Resolution No. 13421 was adopted becoming Resolution No. 06-053. (10) P. R. No. 13422 - A Resolution Granting A Second Two-Year Extension To The Agreement With Linebarger, Goggan, Blair & Sampson, L.L.P., For The Collection Of Fines For Municipal Court Proposed Resolution No. 13422 was adopted becoming Resolution No. 06-054. (11) P.R. No. 13423 - A Resolution Rescinding The Award To Chemtex Environmental Laboratory Services For Biomonitoring Laboratory Services And Authorizing The Utility Operations Department To Re-Advertise For Bids Proposed Resolution No. 13423 was adopted becoming Resolution No. 06-055. Councilmember Prince left the City Council Chambers at 7:12 p.m. VII. ITEMS REi~UIRING INDIVIDUAL ACTION Consent (1) P.R. No. 13193 - A Resolution Authorizing Acceptance Of The Certificate Of Completion, The Contractor's Certificate And Release, And The Contractor's Certificate Of Guarantee; And Authorizing Execution Of Change Order No. One (1) And Final; On The 3ade Avenue & 61st Street Sanitary Sewer Rehabilitation Project And Approving Final Payment Of $154,676.04 To Troy Construction, L.L.P., And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas. Fund No. 426-1625-532.83-00, Project No. 426004 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 13193 be adopted. Utility Operations Director Kelly Eldridge appeared before the City Council to report that the unstable area, a sinkhole, on lade Avenue has been repaired. Proposed Resolution No. 13193 was adopted becoming Resolution No. 06-056. Voting Yes: Mayor Ortiz; Mayor Pro Tem Thompson; Councilmembers Lewis, Barker, Henderson, Beard and Sinegal. Voting No: None. City Council Minutes - Regular Meeting - February 14, 2006 The caption of Resolution No. 06-056 reads as follows: RESOLUTZON NO. 06-056 A RESOLUTZON AUTHORIZZNG ACCEPTANCE OF THE CERTIFICATE OF COI~tPLETION, THE CONTRACTOR'S CERTIFICATE AND RELEASE, AND THE CONTRACTOR'S CERTTFICATE OF GUARANTEE; AND AUTHORIZING EXECUTION OF CHANGE ORDER NO. ONE (1) AND FINAL; ON THE JADE AVENUE & 61sr STREET SANITARY SEWER REHABtL]TAT]ON PROJECT AND APPROVING FINAL PAYMENT OF $154,676.04 TO TROY CONSTRUCTION, L.L.P., AND AUTHORIZING THE CITY MANAGER TO SIGN THE CERT1~F1~CATE OF ACCEPTANCE ON BEHALF OF THE CITY OF PORT ARTHUR, TEXAS. FUND NO. 426-1625-532.83-00, PROJECT NO. 426004 (8) P.R. NO. 13420 - A Resolution Authorizing Additional Services For The Contract Dated January 4, 2005 Between The City Of Port Arthur And Chica & Associates, Inc., Of Beaumont, Texas For Redesign Of The Sidewalks And Ramps - Schools (Safe Routes To Schools) And Increasing The Budget For This Engineering Service By $4,391.70 To A Total Of $54,391.70. Account 001-1202- 531.53-00. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Sinegal and seconded by Councilmember Henderson that Proposed Resolution No. 13420 be adopted. Assistant Public Works Director Ross Blackketter appeared before the City Council to report that the proposed additional engineering services are for existing schools. The Assistant Public Works Director estimated that the contract should be let in August and construction would begin in October. Proposed Resolution No. 13420 was adopted becoming Resolution No. 06-057. Voting Yes: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Lewis, Barker, Henderson, Beard and Sinegal. Voting No: None. The caption of Resolution No. 06-057 reads as follows: RESOLUTt'ON NO. 06-057 A RESOLUTI'ON AUTHORTZt'NG ADD1'Tt'ONAL SERVTCES FOR THE CONTRACT DATED JANUARY 4, 2005 BETWEEN THE CITY OF PORT ARTHUR AND CHICA & ASSOCIATES, INC., OF BEAUMONT, TEXAS FOR REDESIGN OF THE SIDEWALKS AND RAf4PS - SCHOOLS (SAFE ROUTES TO SCHOOLS) AND INCREASING THE BUDGET FOR THIS ENGINEERTNG SERVICE BY $4,391.70 TO A TOTAL OF $54,391.70. ACCOUNT 001-1202-531.53-00. Councilmember Prince returned to the City Council Chamber at 7:22 p.m. Mayor Ortiz left the City Council Chamber at 7:22 p.m. City Council Minutes - Regular Meeting - February 1~,, 2006 6 (12) P.R. No. 13434 - A Resolution Authorizing The City Manager To Enter Into Agreements With Gulf Coast Electric And A&A Electric Co. For Repair And Replacement Of Lighting At Various Parks And Baseball Fields Throughout The City For The Combined Amount Of $778,995 The Mayor Pro Tern introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 13434 be adopted. Mayor Ortiz returned to the City Council Chamber at 7:25 p.m. Interim Parks & Recreation Director Dr. Albert Thigpen appeared before the City Council to discuss hurricane damage to city baseball parks, proposed lighting upgrades, prioritizing repairs and FEMA reimbursement. The City Manager discussed the urgeno/of the repair and replacement of the light poles prior to the start of baseball season and explained the process involved in payment for the poles. Councilmember Beard left the City Council Chambers at 7:27 p.m. Councilmember Prince commended Dr. Thigpen for his efforts in restoring the parks for children's outdoor activities. City Attorney Sokolow read the following amendment into the record: That this resolution is subject to confirmation from FEMA in approved project sheets that it will either fund or reimburse 75% as to any particular park prior to a notice to proceed is issued as to the replacement of poles to that park. The City Manager added the following amendment: However, we are authorized to repair any poles as necessary to try to get the little league season started. The motion made by Councilmember Henderson and seconded by Counciimember Lewis carried unanimously, to amend P. R. No. 13434 by including the above-mentioned language recommended by the City Attorney and City Manager. Councilmember Beard returned to the City Council Chambers at 7:37 p.m. Proposed Resolution No. 13434 was adopted as amended becoming Resolution No. 06-058. Voting Yes: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Lewis, Barker, Henderson, Beard, Prince and Sinegal. Voting No: None. The caption of Resolution No. 06-058 reads as follows: RESOLUTION NO. 06-058 A RESOLUTION AUTHORTZI~NG THE CITY MANAGER TO ENTER TNTO AGREEMENTS WITH GULF COAST ELECTRIC AND A&A ELECTRIC CO. FOR REPAIR AND REPLACEMENT OF LIGHTING AT VARIOUS PARKS AND BASEBALL FTELDS THROUGHOUT THE CITY FOR THE COMBINED AMOUNT OF $778,995 The City Council recessed their meeting at 7:42 p.m. and reconvened their meeting at 7:58 p.m. with the following members present: Mayor Ortiz; Mayor Pro Tern Thompson; City Council Minutes - Regular Meeting - February 14, 2006 7 Councilmembers Lewis, Barker, Henderson, Beard, Prince and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P.R. No, 13429 - 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 The Mayor introduced the above-mentioned Proposed Resolution. The City Attorney read the following amendment into the record: The feasibility extension period will be sixty (60) days. The motion was made by Councilmember Beard and seconded by Councilmember Sinegal that Proposed Resolution No. 13429 be adopted as amended by the City Attorney. Proposed Resolution No. 13429 was adopted becoming Resolution No. 06-059. Voting Yes: Mayor Ortiz; Mayor Pro Tem Thompson; Councilmembers Lewis, Barker, Henderson, Beard, Prince and Sinegal. Voting No: None. The caption of Resolution No. 06-059 reads as follows: RESOLUTION NO. 06-05g 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 (2) P. R. No. 13431 - A Resolution Appointing New Hember Or Members To The Port Arthur Youth Advisory Council The Mayor introduced the above-mentioned Proposed Resolution. City Secretary Evangeline Green read the following nominations into the record: Mayor Ortiz Kevin Sanchez Mayor Pro Tern Thompson Kindrie Tre-shawn Everfield The motion was made by Councilmember Sinegal and seconded by Councilmember Henderson that Proposed Resolution No. 13431 be adopted with the nominations as stated by the City Secretary. Proposed Resolution No. 13431 was adopted becoming Resolution No. 06-060. Voting Yes: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Lewis, Barker, Henderson, Beard, Prince and Sinegal. Voting No: None. The caption of Resolution No. 06-060 reads as follows: City Coundl Minutes - Regular Meeting - February 14, 2006 8 RESOLUTZON NO. 06-060 A RESOLUTZON APPOTNTZNG NEW MEMBER OR MEMBERS TO THE PORT ARTHUR YOUTH ADVISORY COUNCIL (3) P.R. NO. 13432 - A Resolution Pertaining To The Ambulance Fees To Be Paid By MetroCare Ambulance Service The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 13,~32 be adopted. Fire Chief Larry Richard appeared before the City Council to address any inquiries. Mayor Ortiz commented that MetroCare has not received FEMA or Medicare reimbursement for providing emergency services during Hurricane Rita. Mayor Ortiz conveyed that MetroCare is requesting a waiver of franchise fees to compensate for their expenses and loss of revenues during the hurricane. The City Manager reported that MetroCare has met ambulance performance criteria and their franchise fee would be reduced to $25,000 this year and that MetroCare has requested consideration in waiving the fees for multiple years. Councilmember Prince stated support in waiving the franchise fee for one year. City Attorney Sokolow stated that it is his legal opinion that waiving the franchise fee would be considered a gift. The City Manager recommended an ordinance amendment to waive the ambulance franchise fees under special circumstances and stated his concern of the appropriateness of presenting the item to City Council in its current format. The motion was made by Councilmember Prince and seconded by Councilmember Sinegal to table Proposed Resolution No. 13432. Councilmember Lewis spoke of issues concerning the enactment of the ambulance ordinance regulating franchise fees. Councilmember Prince and Councilmember Sinegal withdrew their motions to table Proposed Resolution No. 13432. The motion made by Councilmember Prince and seconded by Councilmember Henderson to remove Proposed Resolution No. 13~,32 from the agenda carried unanimously. B. Ordinances (1) P.O. No. 5538 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Creating Planned Development District - 25 (PD-25) On Blocks 11, 12, 13, And Lots 2 - 20 Of Block 14 Fairlea, Port Arthur, 3efferson County, Texas (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Section I -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. Applicant: Total Petrochemical, Inc. (Z05- 08) The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Mayor Pro Tern Thompson and seconded by Councilmember Sinegal that Proposed Ordinance No. 5538 be adopted. City Council Minutes - Regular Meeting - February 14., 2006 9 Councilmember Henderson voiced concerns with 20 percent citizen opposition to the zoning amendment. Planning and Grants Director Dale Watson appeared before the City Council to report that OSHA is requiring that ToTal Petrochemical relocate their construction trailers to comply with safety regulations. Mr. Watson stated that the proposed zoning amendment would also address employee parking and construction of a new office building. Councilmember Beard discussed refinery safety issues and the importance of OSHA compliance. The City Manager noted that because 20 percent of the property owners were opposed to the zoning amendment, the amendment would require a favorable vote of seven of the nine City Councilmembers. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 5538: Councilmember Barker "Yes" Councilmember Beard "Yes" Councilmember Henderson "Yes" Councilmember Lewis "Yes Councilmember Prince "Yes" Councilmember Sinegal ~Yes" Mayor Pro Tem Thompson "Yes" Mayor Ortiz "Yes" Proposed Ordinance No. 5538 was adopted becoming Ordinance No. 06-06. The caption of Ordinance No. 06-06 reads as follows: ORDZNANCE NO. 06-06 AN ORDZNANCE AMENDING THE ZONING ORDINANCE OF THE CTTY OF PORT ARTHUR BY CREATTNG PLANNED DEVELOPMENT DISTRZCT - 25 (PD-25) ON BLOCKS :1.~., ~.2~ :!.3~ AND LOTS 2 - 20 OF BLOCK 14 FA1[RLEA~ PORT ARTHUR, 3EFFERSON COUNTY~ TEXAS (VIOLATION OF THIS ORDINANCE OR THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR IS PUNISHABLE AS PROVI'DED IN SECTION I -].3 OF THE CODE OF ORDi'NANCES AS AMENDED BY FINE NOT EXCEEDTNG TWO THOUSAND [$2~000.00] DOLLARS); AND PROVIDZNG FOR PUBLICATION IN THE OFFZCIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE. APPLTCANT: TOTAL PETROCHEMICAL, INC. (Z05-08) (2) P.O. No. 5586 - An Ordinance Providing For The Conduct Of A Special Election On May 13, 2006 To Submit A Proposition As To The Legal Sale Of Mixed Beverages In Restaurants By Food And Beverage Certificate Holders Only, And Providing For Publication Of The Election Notice The City IVlanager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Ordinance No. 5586 be adopted. The City Attorney stated that the Local Option Election must be held on May 13, 2006. City Council Hinutes - Regular Heeting - February 14, 2006 Proposed Ordinance No. 5586 was adopted becoming Ordinance No. 06-07. Voting Yes: Mayor Ortiz; Mayor Pro Tem Thompson; Councilmembers Lewis, Barker, Henderson, Beard, Prince and Sinegal. Voting No: None. The caption of Ordinance No. 06-07 reads as follows: ORDINANCE NO. 06-07 AN ORDINANCE PROVIDING FOR THE CONDUCT OF A SPECIAL ELECTION ON MAY 13, 2006 TO SUBMIT A PROPOSITION AS TO THE LEGAL SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY~ AND PROVIDING FOR PUBLICATION OF THE ELECTION NOTICE (3) P.O. No. 5587 - An Ordinance Providing For The Conduct Of A Special Election On May 13, 2006 To Submit Propositions As To Amending The City Charter And Providing For The Publication Of The Election Notice The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember $inegal and seconded by Mayor Pro Tern Thompson that Proposed Ordinance No. 5587 be adopted. The City Attorney explained the procedure needed to adopt the proposed propositions. Prooosed Proposition One: The motion was made by rvlayor Ortiz and seconded by Councilmember Prince to include the following proposition: A proposition to eliminate term limits for City Councilmembers. Councilmember Henderson read the same motion with the following language into the record: Shall the last line of Section ! of Article I! of the City Charter be deleted as to remove the prohibition that neither the Mayor nor any Councilmember shall serve more than three (3) consecutive terms in the same office The following roll call vote was taken on the motion to adopt a proposition to eliminate term limits: Councilmember Barker "Yes" Councilmember Beard "No" Councilmember Henderson "Yes" Councilmember Lewis Councilmember Prince "Yes" Councilmember Sinegal "No" Mayor Pro Tem Thompson "Yes" Mayor Ortiz "Yes' The motion to submit a proposition as to amend the City Charter to eliminate term limits at a Special Election on May 13, 2006 carried over the dissenting votes of Councilmembers Beard, Lewis and Sinegal. Prooosed Proposition Two: The City Attorney read the following proposition into the record: City Council Minutes - Regular Heeting - February 14-, 2006 The Councilmembers from Position 7 and 8 may reside in any district. This provision supersedes any conflicting portion of the City Charter in relation to the election of Council Positions 7 and 8. The motion was made by Councilmember Beard and seconded by Councilmember Lewis to include a proposition to eliminate residency requirements for Position 7 and Position 8. Mayor Ortiz voiced opposition to the proposed elimination of residency requirements for Position 7 and Position 8. Councilmember Beard spoke in favor of the proposed elimination of residency requirements for Position 7 and Position 8 and stated that it is a matter of principle of representation. The following roll call vote was taken on the motion to adopt a proposition to eliminate residency requirements for Position 7 and Position 8' Councilmember Barker "Yes" Councilmember Beard "Yes" Councilmember Henderson "Nod Councilmember Lewis "Yes" Councilmember Prince "No" Councilmember Sinegal "Yes" Mayor Pro Tern Thompson "No" Mayor Ortiz "No" The motion to submit a proposition as to amend the City Charter to eliminate residency requirements for Position 7 and Position 8 at a Special Election on May 13, 2006 failed to carry. PrODosed Prooosition Three: The City Attorney read the following proposition into the record: Until May 2008, Council Positions 7 and 8 shall have two (2) years terms. The elections of Council Positions 7 and 8 shall be in the year 2008 and thereafter by a majority vote, and they shall have three (3) year terms. This provision supercedes any conflicting portions of the City Charter in relation to the election of Council Positions 7 and 8. The motion was made by Councilmember Sinegal and seconded by Councilmember Prince to include a proposition to increase Position 7 and Position 8 from two (2) year terms to three (3) year terms by majority votes. The following roll call vote was taken on the motion to adopt a proposition to increase Position 7 and Position 8 from two (2) year terms to three (3) year terms by majority votes: Councilmember Barker "Yes" Councilmember Beard "Nod Councilmember Henderson "Yes" Councilmember Lewis Councilmember Prince "Yes" Councilmember Sinegal "Yes" Mayor Pro Tem Thompson "Yes" Mayor Ortiz "Yes" The motion to submit a proposition as to amend the City Charter to increase the terms of Positions 7 and 8 from two (2) year terms to three (3) year terms by majority vote at a Special Election on Hay 13, 2006 carried over the dissenting votes of Councilmember Beard and Councilmember Lewis. ProPosed Prooosition Four: The City Attorney read the following proposition into the record: city council Minutes - Regular Meeting - February 14, 2006 Shall Section 7 of Article XIV of the City Charter be amended as follows: No right, title or interest of the City and to any property shall be sold or leased unless authorized by the City Council by a Resolution if it is a lease and by an Ordinance if it is a sale. The motion made by Councilmember Sinegal and seconded by Councilmember Henderson, to submit a proposition as to amend the City Charter regarding the sale or lease of property at a Special Election on May 13, 2006, carried unanimously. Proaosed Proposition Five: The City Attorney read the following proposition into the record: Shall the fourth sentence of Section I of Article XTV of the City Charter be amended as follows: All contracts for expenditures shall be authorized in accordance with the minimum standards as delineated under state law. The motion made by Councilmember Beard and seconded by Councilmember Henderson, to submit a proposition as to amend the City Charter regarding contracts for expenditures being authorized in accordance under state law at a Special Election on May 13, 2006, carried unanimously. Proposed ProD0siti0n Six: The City Attorney read the following proposition into the record: Shall the first two sentences of Section 3 of Article II of the City Charter be amended as it pertains to salaries and car allowances for the Mayor and City Council. The May and Councilmembers shall receive a salary and car allowance as delineated in an Ordinance set by the City Council at such times as they approve the fiscal year budget for the City, with due opportunity for public comment. The motion made by Councilmember Henderson and seconded by Councilmember Sinegal, to submit a proposition as to amend the City Charter regarding salaries and car allowances for Mayor and City Council at a Special Election on May 13, 2006, carried over the dissenting vote of Councilmember Sinegal. Proposed Ordinance No. 5587 was adopted as amended becoming Ordinance No. 06-08. Voting Yes: IVlayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Lewis, Barker, Henderson, Beard, Prince and Sinegal. Voting No: None. The caption of Ordinance No. 06-08 reads as follows: ORDtNANCE NO. 06-08 AN ORDINANCE PROVIDING FOR THE CONDUCT OF A SPECtAL ELECTION ON HAY 13, 2006 TO SUBMIT PROPOSITTONS AS TO AMENDING THE CITY CHARTER AND PROVIDING FOR THE PUBLICATION OF THE ELECTION NOTZCE (4) P.O. NO. 5588 - An Ordinance Providing For The Conduct Of A Special Election On May 13, 2006 To Submit Propositions As To Whether Or Not The Existing Section 4A Sales Tax Shall Be Utilized For Various Categories Of Projects As Described In City Council Minutes - Regular Meeting - February 14, 2006 13 Section 4B Of Article 5190.6, Vernon's Texas Code Annotated, And Providing For Publication Of The Election Notice The Mayor introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Beard and seconded by Mayor Pro Tern Thompson that Proposed Ordinance No. 5588 be adopted. EDC Executive Director Floyd Batiste appeared before the City Council to report that he has not received an official recommendation from the EDC Board of Directors; however, he suggested adding a funding limit of 20% of the EDC annual budget for 4B projects. Councilmember Sinegal requested acquiring the EDC Board of Director's recommendations. Upon the motion by Councilmember Sinegal, seconded by Councilmember Prince and carried unanimously, Proposed Ordinance No. 5588 was tabled. Councilmember Lewis requested that the City Secretary include individual votes by proposition for Ordinance No. 06-08 (Proposed Ordinance No. 5588) that require the United States Department of Justice pre-clearance. (5) P.O. No. 5589 - An Ordinance Providing For The Conduct Of A Special Election On May 13, 2006 To Submit A Proposition As To Sell Fairlea Park, And Providing For Publication Of The Election Notice The Mayor introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Barker and seconded by Councilmember Sinegal that Proposed Ordinance No. 5589 be adopted. Councilmember Barker relayed comments from Fairlea Park citizens in support of the sale of the park and suggested reusing the park equipment. City Manager reported that the park is relatively small and the neighbors are in favor of selling the property. Mr. Fitzgibbons stated that ToTal Petrochemicals is interested in acquiring the property for green space, however, the park would be sold to the highest bidder. Mayor Pro Tern Thompson and Councilmember Sinegal left the City Council Chamber. Proposed Ordinance No. 5589 was adopted becoming Ordinance No. 06-0g. Voting Yes: Mayor Ortiz; Councilmembers Lewis, Barker, Henderson, Beard and Prince. Voting No: None. The caption of Ordinance No. 06-09 reads as follows: ORDINANCE NO. 06-09 AN ORDINANCE PROVIDI~NG FOR THE CONDUCT OF A SPECIAL ELECTION ON MAY 13, 2006 TO SUBf4tT A PROPOSTTION AS TO SELL FATRLEA PARK, AND PROVIDING FOR PUBLICATION OF THE ELECTION NOTICE C. *Reoorts And Recommendations (1) December, 2005 Financial Report Finance Director Rebecca Underhill appeared before the City Council to present the above- mentioned report. City Council Minutes - Regular Meeting - February 14, 2006 ]4 Councilmember Beard requested a report on the impact of property appraisal values on the City's revenues. (2) Report On Logan Park The above-mentioned report was not conducted. The City IVlanager reported that the Pleasure Island Commission had been notified of the request to present the report. VIII. REPORTS OF BOARDS & COMMII'I'EES None IX. *CLOSED MEETING (EXECUTIVE SESSION) Closed Meetina: (:t) Section 55:L.087 Government Code - To Discuss Incentives For Residential, Commercial, Industrial And Business Prospects (2) Section 55:L.072 Government Code - To Discuss The Value Of Land On The West Side Of Port Arthur (3) Section 55:L.073 Government Code - To Discuss Prospective Gifts To The City As It Pertains To Remedy Damage From Hurricane Rita The City Council recessed their meeting at 9:30 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 10:17 p.m. with the following members present: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Lewis, Barker, Henderson, Beard, Prince and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. X. FUTURE AGENDA ITEMS OR RE(~UESTED REPORTS Coun¢ilmember Prince: Requested a report on resolving issues with the Water Utilities Department. The City Manager reported that Consultant and Certified Public Accountant Gayle Botley would present his utility billing and collection recommendations to the City Council within two to four weeks. Coun¢ilmember Bear(l: Requested a report on Logan Park. Councilmember Barker: Requested researching a solution to customers who re-open new water accounts in another individuals name alter being cut off for non-payment. City Council Minutes - Regular Meeting - February 14, 2006 15 X[. AD.IOURNMENTOF MEETING Upon the motion of Councilmember Prince, seconded by Sinegal and carried unanimously, the City Council adjourned their meeting at 10:23 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. ORTZZ A'rI'EST: CITY SECRETARY EVANGELINE GREEN END OF REGULAR MEETING HELD February 14~ 2006. APPROVED: City Council Minutes - Regular Meeting - February :].4, 2006 16