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HomeMy WebLinkAboutOCTOBER 24, 2006 REGULARREGULAR MEETZNG - October 24, 2006 :[. ROLL CALL~ [NVOCATZON & PLEDGE The City Council of the City of Port Arthur met in Regular Session on Tuesday, October 24, 2006 at 5:55 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Oscar G. Ortiz; Mayor Pro Tern Deloris "Bobble" Prince; Councilmembers Willie "Bae" Lewis, Jr., Felix A. Barker, Thomas .L Henderson, John Beard, Jr. and Nichael "Shane" Sinegal; City Nanager Steve Fitzgibbons; Assistant City Secretary Terri Hanks and City Attorney Hark Sokolow. Councilmember Robert E. "Bob" Williamson arrived at 6:00 p.m. ZZ. PROCLAHATZONS & MZNUTES The Mayor presented the following proclamations: October 2006 - "National Arts and Humanities Month" South East Texas Arts Council (SETAC) Director Shannon Harris accepted the proclamation and presented a plaque honoring the City of Port Arthur. Minutes - None PETTT1~ONS & COMMUN1~CAT1~ONS A. Presentations.- None B. Speakers (1) Mr. Lucious Williams And Mr. Walter Kilroy Regarding Westside Development Dikita Engineering President Lucious Williams, 3400 Highway 365, appeared before the City Council to discuss Westside Development implementation plans. (2) Mr..lohn Violette Regarding Zmproving The Communication Between City Officials And Staff With Citizens Mr. John Violette, 2753 63r~ Street, appeared before the City Council to discuss his experience in returning home after Hurricane Rita. C. Corresoondence- None V. UNF~NZSHED BUS~NESS P. R. No. 13826 - A As It Pertains To Port Arthur Camellia Estate, L.P. At the request of the City Attorney, the above-mentioned item was withheld until after the Executive Session. V~, CONSENT AGENDA Upon the motion of Councilmember Williamson, seconded by Councilmember Henderson and carried unanimously, the following Consent Agenda items were adopted with the exception of Proposed Resolution No.'s 13828 and 13840: Consideration And Approval Of Payment To The Southea;t Texas Regional Plannin~ Commission ($ETRPC) Zn The Amount Of $29,756.84 For Fiscal 2007 Dues And Program Suppo~ Consideration And Approval Of Awarding A Bid To A & A Electric OfBeaumon~ TXIn The Amount Of $29,840 For An Emergency Generator For Fire Station Number 4 In Sabine Pass Consideration And Approval Of Awarding A Bid To A `c/am/n B ,C/re &Secur/ty Of ~;royes~ TX In The Amount Of $21,943 For The Replacement Of The Fire Alarm System At The Robert A. "Bob" Bowers Civic Center D. ExDense Report Mayor Pro Tem Deloris "Bobble" Prince: Use Of Personal Auto For Out-Of-Town City Business, October, 2006 37.38 Resolutions - Consent (1) P. R. No. 13825 - A Resolution Authorizing The Director Of Utility Operations To Purchase Polymers And Delineating Procedures For The Purchase Of Other Chemicals Proposed Resolution No, 13825 was adopted becoming Resolution No. 06-428. (3) P. R. No. 13829 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of Claims In The Amount Of $15,083.33 Made Against Texas Windstorm Insurance Association (TWIA) As A Result Of Wind Damage To The Pompeiian Villa Caretaker House, The Department Club Caretaker House, And The Pear Ridge Caretaker House Proposed Resolution No. 13829 was adopted becoming Resolution No. 06-429. (4) P. R. No. 13831 - A Resolution Authorizing The City Manager To Execute An Agreement With The Southeast Texas Interfaith Organization For The TDHCA Disaster Recovery Program Proposed Resolution No. 13831 was adopted becoming Resolution No. 06-430. (5) P. R. No. 13832 - A Resolution Approving The Demolition And Clearance Of Forty-Four (44) Residential Properties That Were Damaged As A Result Of Hurricane Rita. The Texas Department Of Housing And Community Affairs Will Allocate Funding For The Activities Proposed Resolution No. 13832 was adopted becoming Resolution No. 06-431. (6) P. R. No. 13834 - A Resolution Authorizing The City Of Port Arthur To Accept A Donation Of $6,826.84 From The 100 Club Of .lefferson County For The Purchase Of Protective Helmets And A Protective Shield For The SWAT Team Proposed Resolution No. 13834 was adopted becoming Resolution No. 06-432. (7) P.R. No. 13837 - A Resolution Authorizing Acceptance Of The Certificate Of Completion, The Contractor's Certificate City Council Minutes - Regular Meeting - October 24, 2006 And Release, And The Contractor's Certificate Of Guarantee And Approval Of Final Payment Of $94,500.00 To Painting, Znc. And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas. Fund No, 123-2300-901.85-00, Project No. HRWSTA Proposed Resolution No. 13837 was adopted becoming Resolution No. 06-433. (8) P. R. No. 13838 - A Resolution Authorizing The Mayor And City Manager To Execute Agreements Between The City Of Port Arthur And SCS Engineers Of Bedford~ TX For Consulting Services To Comply With The TCE(~'s New Municipal Solid Waste Rules For The City's Landfill In The Total Amount Of $64,200. Funding Is Available In FY 2007 Account No. 403-1274-533.54-00 Proposed Resolution No. 13838 was adopted becoming Resolution No. 06-434, (10) P. R. No. 13841 - A Resolution Authorizing The City Manager To Enter Into A Contract For Interior Repairs At Fire Station #6 With Sanchez Remodeling Of Port Arthur, Texas In The Amount of $26,000 Proposed Resolution No. 13841 was adopted becoming Resolution No. 06-435. VIT. TTEMS RE(~UIR]NG TNDTV~DUALACTION - NON-CONSENT Consent Resolutions (2) P. R. No. 13828 - A Resolution Accepting The Sub- Recipient Award For The 2006 Homeland Security Grant Program Projected At $87,975 For The State Homeland Security Program And $45,000 For The Law Enforcement Terrorism Prevention Program For A Total Award Of $132,975 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Mayor Pro Tem Prince that Proposed Resolution No. 13828 be adopted. The City Manager addressed inquiries related to the grant acceptance. Proposed Resolution No, 13828 was adopted becoming Resolution No. 06-436. Voting Yes: Mayor Ortiz; Mayor Pro Tem Prince; Councilmembers Lewis, Barker, Henderson, Beard, Williamson and Sinegal. Voting No: None. The caption of Resolution No. 06-436 reads as follows: RESOLUTION NO. 06-436 A RESOLUTTON ACCEPTING THE SUB- RECTPTENT AWARD FOR THE 2006 HOMELAND SECURITY GRANT PROGRAM PRO3ECTED AT $87,975 FOR THE STATE HOMELAND SECURTTY PROGRAM AND $45,000 FOR THE LAW ENFORCEMENT TERROR]SM PREVENTION PROGRAM FOR A TOTAL AWARD OF $132,975 City Council Minutes - Regular Meeting - October 24, 2006 3 ~9) P. R. No. 13840 - A Resolution Authorizing The City Manager To Enter Znto A Contract For Roof Replacement At Fire Station #6 With Con-Tex Services Of Houston, Texas The Amount Of $72,793 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Beard and seconded by Councilmember Henderson that Proposed Resolution No. 13840 be adopted. Purchasing Manager ]oseph Broussard appeared before the City Council to discuss roofing services. Proposed Resolution No. 13840 was adopted becoming Resolution No. 06-437. Voting Yes: Mayor Ortiz; Mayor Pro Tem Prince; Councilmembers Lewis, Barker, Henderson, Beard, Williamson and Sinegal. Voting No: None. The caption of Resolution No. 06-437 reads as follows: RESOLUTTON NO. 06-437 A RESOLUTtON AUTHORIZING THE CTTY MANAGER TO ENTER TNTO A CONTRACT FOR ROOF REPLACEMENT AT FTRE STATION #6 WTTH CON-TEX SERVICES OF HOUSTON, TEXAS TN THE AMOUNT OF $72~793 VTT. TTEMS REQUTRZNG TNDTVTDUALACTTON - NON-CONSENT A. Resolutions (1) P. R. No. 13811 - A Resolution Approving A Loan Payoff Tn The Amount Of $105,388,16 From 3D Architectural Metal Sales And Closing The Economic Incentive Agreement Between 3D Architectural Metal Sales And The City Of Port Arthur Section 4A Economic Development Corporation The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Beard and seconded by Councilmember Henderson that Proposed Resolution No, 13811 be adopted. EDC Executive Director Floyd Batiste appeared before the City Council to address inquiries related to the loan payoff. Proposed Resolution No. 13811 was adopted becoming Resolution No. 06-438. Voting Yes: Mayor Ortiz; Mayor Pro Tem Prince; Councilmembers Lewis, Barker, Henderson, Beard, Williamson and Sinegal. Voting No: None. The caption of Resolution No. 06-438 reads as follows: RESOLUTTON NO. 06-438 A RESOLUT]~ON APPROVTNG A LOAN PAYOFF IN THE AMOUNT OF $105,388.16 FROM 3D ARCHITECTURAL METAL SALES AND CLOSTNG THE ECONOMIC TNCENTTVE AGREEMENT City Council Minutes - Regular Meeting - October 24, 2006 4 BETWEEN 3D ARCHITECTURAL METAL SALES AND THE CITY OF PORT ARTHUR SECTION 4A ECONOI~ZC DEVELOPMENT CORPORATION (2) P. R. No. 13830 - A Resolution As Tt Pertains To An Election Regarding State Use Of Homeland Security Grant Funding For Statewide Local Projects On Behalf Of The City Of Port Arthur The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Williamson that Proposed Resolution No. 13830 be adopted. The City Attorney noted that the Proposed Resolution requires designation of the funding for Regional Emergency Exercises, Texas Data Exchange System (TXEx) Implementation and Live Scan Implementation. Port Arthur Police Major ]ohn Owens and Port Arthur Fire Deputy Chief .lohn Avery appeared before the City Council to address grant funding selections. The motion was made by Councilmember Henderson and seconded by Councilmember Williamson that Proposed Resolution No. 13830 include the selection of grant funding for Regional Emergency Exercises, Texas Data Exchange System Implementation and Live Scan Implementation. Proposed Resolution No. 13830 was adopted with the inclusion of the above-stated funding selections becoming Resolution No. 06-439. Voting Yes: Mayor Ortiz; Mayor Pro Tern Prince; Councilmembers Lewis, Barker, Henderson, Beard, Williamson and Sinegal. Voting No: None. The caption of Resolution No. 06-439 reads as follows: RESOLUTION NO. 06-439 A RESOLUTION AS IT PERTAINS TO AN ELECTION REGARDING STATE USE OF HOMELAND SECURTrY GRANT FUNDING FOR STATEWIDE LOCAL PRO3ECTS ON BEHALF OF THE CTTY OF PORT ARTHUR (3) P. R. No. 13833 - A Resolution As It Pertains To The Provision Of Additional Services By Dikita Engineering As It Pertains To The Westside Economic Development And Revitalization Study (Requested By Mayor Ortiz) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tem Prince and seconded by Councilmember Sinegal that Proposed Resolution No. 13833 be adopted. Dikita Engineering President Lucious Williams appeared before the City Council to discuss the additional engineering services. The motion was made by Councilmember Beard and seconded by Mayor Pro Tern Prince that Proposed Resolution No. 13833 be tabled. The motion was made by Councilmember Beard and seconded by Mayor Pro Tern Prince that Proposed Resolution No. 13833 be removed. City Council Minutes - Regular Meeting - October 24, 2006 5 Proposed Resolution No. 13833 was removed. (4) P. R. No. 13835 -- A Resolution Authorizing The Advertisement For Bids For The 5ale Of The Land And Zmprovements At 6760 9th Avenue The Mayor introduced the above-mentioned Proposed Resolution. The City Attorney commented that Exhibit "B" has been updated. Upon the motion by Councilmember Henderson, seconded Williamson and carried unanimously, Proposed Resolution No. becoming Resolution No. 06-440. by Councilmember 13835 was adopted Voting Yes: Mayor Ortiz; Mayor Pro Tem Prince; Councilmembers Lewis, Barker, Henderson, Beard, Williamson and Sinegal. Voting No: None. The caption of Resolution No. 06-440 reads as follows: RESOLUTTON NO. 06-440 A RESOLUTTON AUTHOR~ZTNG THE ADVERTISEMENT FOR BTDS FOR THE SALE OF THE LAND AND ZMPROVEMENTS AT 6760 gTH AVENUE (s) P. R. No. 13836 - A Resolution Appointing New Member Or Members To The Port Arthur Youth Advisory Council The Mayor introduced the above-mentioned Proposed Resolution. Assistant City Secretary Hanks read the following nomination into the record: Councilmember 3ohn Beard, Ir. is appointing Mr. Ronald De_lohn to Port Arthur Youth Advisory Council. Councilmember Lewis requested that an item be prepared for the next City Council meeting designating an appointee for District One. Upon the motion by Councilmember Beard, seconded by Councilmember Williamson and carried unanimously, Proposed Resolution No. 13836 was adopted becoming Resolution No. 06-441. Voting Yes: Mayor Ortiz; Mayor Pro Tem Prince; Councilmembers Lewis, Barker, Henderson, Beard, Williamson and Sinegal. Voting No: None. The caption of Resolution No. 06-441 reads as follows: RESOLUTTON NO. 06-441 A RESOLUT1'ON APPOZNTI'NG NEW MEMBER OR MEMBERS TO THE PORT ARTHUR YOUTH ADVt'SORY COUNCt'L (6} P. R. No. 13839 - A Resolution Authorizing MetroCare EMS, LP To Assign/Transfer Its Existing Ambulance Agreement With The City Of Port Arthur To Acadian Ambulance Service, Inc. City Council Minutes - Regular Meeting - October 24, 2006 6 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 13839 be adopted. Acadian Ambulance Service Vice President of Operations Jerry Romero, 104 Van Dyke Court, Lafayette, Louisiana appeared before the City Council to address inquiries related to the ambulance service agreement. MetroCare Chief Financial Officer Bob Riley appeared before the City Council to address inquiries related to the ambulance service agreement. Port Arthur Fire Deputy Chief John Avery appeared before the City Council to address inquiries. Councilmember Williamson requested a report on call volumes and demographic logistics. The motion was made by Councilmember Williamson and seconded by Councilmember Beard that Proposed Resolution No. 13839 be tabled. The following roll call vote was taken on the motion to table Proposed Resolution No. 13839: Councilmember Barker Councilmember Beard Councilmember Henderson Councilmember Lewis Mayor Pro Tem Prince Councilmember Sinegal Councilmember Williamson Mayor Ortiz "No" "Yes" "No" "NO" "NO" "NO" "Yes" "No" The motion to table Proposed Resolution No. 13839 failed to carry. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 13839: Councilmember Barker Councilmember Beard Councilmember Henderson Councilmember Lewis Mayor Pro Tem Prince Councilmember Sinegal Councilmember Williamson Mayor Ortiz "NO" "Yes" "Yes" "Yes" "No" "Yes" "Abstain" "Yes" Proposed Resolution No. 13839 was adopted, Councilmember Barker, Mayor Pro 'rem Prince becoming Resolution No. 06-442. over the dissenting votes of and Councilmember Williamson, The caption of Resolution No. 06-442 reads as follows: RESOLUTION NO. 06-442 A RESOLUTION AUTHOI~ZZZNG METROCARE EMS, LP TO ASSt'GN/TRANSFER ZTS EXZSTING AMBULANCE AGREEMENT WITH THE CITY OF PORT ARTHUR TO ACADI'AN AMBULANCE SERVICE, INC. City Council Minutes - Regular Meeting - October 24, 2006 7 ZV. PUBLZC HEARZNGS - 7:00 PH TO Consider A Request For A Change Tn Zoning District Located At 1423 Woodworth Boulevard From Two Family Residential (2F) To Neighborhood Service (NS) To Allow For Commercial Use. Applicant: Clay C, St, And Paulette Lewis - Zoning Case No, Z06- 10 Mayor Ortiz opened the above-mentioned Public Hearing at 7:40 p.m. Planning/Grants Director Dale Watson appeared before the City Council and gave an overview of the proposed zoning amendment. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned abandonment. No one appeared before the City Council. Upon the motion of Mayor Pro Tam Prince, seconded by Councilmember Williamson and carried unanimously, the City Council closed the Public Hearing at 7:47 p.m. The City Council recessed their meeting at 7:48 p.m. and reconvened at 8:05 p.m. with the following members present: Mayor Ortiz; Mayor Pro Tam Prince; Councilmembers Lewis, Henderson, Beard, WillJamson and Sinegal; City Manager Fitzgibbons; Assistant City Secretary Hanks and City Attorney Sokolow. Councilmember Barker returned to the City Council Chamber at 8:07 p.m. VII. ITEt4S RE(~UTRING INDTVZDUAL ACT]~ON - NON-CONSENT A. Resolutions (7) P. R. No. 13842 - A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur, The Army Corp Of Engineers, And The Pleasure Island Commission As It Pertains To The Levee Roads And Placements Areas On Pleasure Island The Mayor introduced the above-mentioned Proposed Resolution, The motion was made by Councilmember Beard and seconded by Councilmember Lewis that Proposed Resolution No. 13842 be adopted. Councilmember Williamson left the City Council Chamber at 8:07 p.m. The City Attorney explained the parameters of the proposed agreement. City Engineer and Assistant Public Works Director Ross Blackketter appeared before the City Council to address drainage concerns. Port Arthur Police Chief Mark Blanton appeared before the City Council to address litter enforcement at Pleasure Island. Mr. Ronnie Moon, no address given, appeared to express appreciation to the City Council for their consideration of the above-mentioned item. Proposed Resolution No. 13842 was adopted becoming Resolution No. 06-443. Voting Yes: Mayor Ortiz; Mayor Pro Tam Henderson, Beard and Sinegal. Voting No: None. City Council Minutes - Regular Meeting - October 24, 2006 Prince; Councilmembers Lewis, Barker, The caption of Resolution No. 06-443 reads as follows: RESOLUTTON NO. 06-443 A RESOLUTI'ON AUTHORZZTNG THE CtTY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE cTrY OF PORT ARTHUR, THE ARMY CORP OF ENGt'NEERS, AND THE PLEASURE TSLAND COMMTSSTON AS I'T PERTAZNS TO THE LEVEE ROADS AND PLACEMENTS AREAS ON PLEASURE ISLAND (8) P. R. No. ].3845 - A Resolution Approving An Economic Zncentive Agreement Contract Between RedwJne Family Partnership And The City Of Port Arthur Section 4A Economic Development Corporation At the request of the City Attorney, the above-mentioned item was held until after the Executive Session. (g) P.R. No. ].3847 - A Resolution As Tt Pertains To The Purchase Of 4]..46 Acres From The Kansas City Southern Railway Company At the request of the City, Attorney, the above-mentioned item was held until after the Executive Session. (10) P. R. NO. 13848 - A Resolution Authorizing The City Manager To Execute A Release And Settlement Agreement With Entergy Gulf States, Inc. The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion by Councilmember Beard, seconded by CouncJlmember Sinegal and carried unanimously, Proposed Resolution No. 13848 was adopted becoming Resolution No. 06-4zH. Voting Yes: Mayor Ortiz; Mayor Pro Tern Prince; Councilmembers Lewis, Barker, Henderson, Beard and Sinegal. Voting No: None. The caption of Resolution No. 06-4~,~, reads as follows: RESOLUT1'ON NO. 06-~?.~. A RESOLUTI'ON AUTHORt'Zt'NG THE CITY MANAGER TO EXECUTE A RELEASE AND SE'rrLEMENT AGREEMENT Wi'TH ENTERGY GULF STATES, 1'NC. B. Ordinances (1) P. O. No. 5667 - An Ordinance Authorizing The City Manager Of The City Of Port Arthur To Execute A Deed As To Approximately 1.004 Acres Out Of Lot 6, Block 7, Range I To Truth & Education Corporation For A Community Radio Station At the request of the City Attorney, the above-mentioned item was held until after the Executive Session. City Council Minutes - Regular Meeting - October 24, 2006 9 (2) P.O. No. 5668 - An Ordinance Amending Section 78-269 Of The Code Of Ordinanee Of The City Of Port Arthur Pertains To Travel Expenses The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Beard and seconded by Councilmember Henderson that Proposed Ordinance No. 5668 be adopted. Councilmember Williamson returned to the City Council Chamber at 8:18 p.m. Finance Director Rebecca Underhill appeared before the City Council to discuss the proposed travel expense amendments. Proposed Ordinance No. 5668 was adopted becoming Ordinance No. 06-89. Voting Yes: Mayor Ortiz; Mayor Pro Tern Prince; Councilmembers Lewis, Barker, Henderson, Beard, Williamson and Sinegal. Voting No: None. The caption of Ordinance No. 06-89 reads as follows: ORDINANCE NO. 06-89 AN ORDINANCE AMENDING SECTION 78-269 OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR AS IT PERTAINS TO TRAVEL EXPENSES (3) P.O. NO. 5680 - An Ordinance Amending The Franchise Agreement Granted Entergy Gulf Statesf Inc. The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion by Councilmember Henderson, seconded by Councilmember $inegal and carried unanimously, Proposed Ordinance No. 5680 was adopted becoming Ordinance No. 06-90. Voting Yes: Mayor Ortiz; Mayor Pro Tern Prince; Councilmembers Lewis, Barker, Henderson, Beard, Williamson and Sinegal. Voting No: None. The caption of Ordinance No. 06-90 reads as follows: ORDINANCE NO, 06-90 AN ORDINANCE AMENDING THE FRANCHISE AGREEMENT GRANTED ENTERGY GULF STATES, INC. (4) P.O. No. 5684 - An Ordinance Designating December 26, 2006 As A Legal Holiday The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion by Councilmember Henderson, seconded by Councilmember Sinegal and carried unanimously, Proposed Ordinance No. 5684 was adopted becoming Ordinance No. 06-91. Voting Yes: Mayor Ortiz; Mayor Pro Tern Prince; Councilmembers Lewis, Barker, Henderson, Beard, Williamson and Sinegal. City Council Minutes - Regular Meeting - October 24, 2006 10 Voting No: None. The caption of Ordinance No. 06-91 reads as follows: ORDINANCE NO. 06-gl AN ORDINANCE DESIGNATING DECEMBER 26, 2006 AS A LEGAL HOL1'DAY (5) P. O. No. 5685 - Ordinance Authorizing The Zssuance Of City Of Port Arthur, Texas, General Obligation Refunding Bonds, Series 2006; Authorizing The Redemption Prior To Maturity Of Certain Outstanding Obligations; Authorizing The Advance Refunding Of Certain Outstanding Obligations And The Execution And Delivery Of An Escrow Agreement And The Subscription For And Purchase Of Certain Escrowed Securities The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Henderson and seconded by Councilmember Lewis that Proposed Ordinance No. 5685 be adopted. Finance Director Rebecca Underhill appeared before the City Council to address inquiries related to the proposed bond refunding ordinance and presented revised bond refunding amounts. The Finance Director introduced First Southwest Company Financial Advisor Joe Marrow and Vinson and Elkins Bond Counsel Tom Sage. Vinson and Elkins Bond Counsel Tom Sage appeared before the City Council to address refunding inquiries. The motion was made by Councilmember Henderson and seconded by Councilmember Lewis that Proposed Ordinance No. 5685 be adopted with the revised bond refunding amounts. Voting Yes: Mayor Ortiz; Mayor Pro Tem Prince; Councilmembers Lewis, Barker, Henderson, Beard, Williamson and Sinegal. Voting No: None. The caption of Ordinance No. 06-92 reads as follows: ORDrNANCE NO. 06-g2 ORDINANCE AUTHOR/ZTNG THE ISSUANCE OF CITY OF PORT ARTHUR, TEXAS, GENERAL OBLIGAT?ON REFUNDING BONDS, SERIES 2006; AUTHOR/ZTNG THE REDEMPTION PR/OR TO MATUR/TY OF CERTAIN OUTSTANDTNG OBLTGATIONS; AUTHOR/ZTNG THE ADVANCE REFUNDING OF CERTAIN OUTSTANDING OBLTGATIONS AND THE EXECUTION AND DELTVERY OF AN ESCROW AGREEMENT AND THE SUBSCRIPTION FOR AND PURCHASE OF CERTAIN ESCROWED SECUR/TIES (6) P. O. No. 5686 - An Ordinance Abandoning, Vacating And Relinquishing The S. 5th Ave. Right-Of-Way, Between Broadway And Greenwich And Providing The Effective Date Of This Ordinance (A06-02 HUDSPETH) The City Manager introduced the above-mentioned Proposed Ordinance. City Council Minutes - Regular Meeting - October 24, 2006 11 Upon the motion by Mayor Pro Tern Prince, seconded by Councilmember $inegal and carried unanimoud% Proposed Ordinance No. ~;~;~; was adopted becoming Ordinance No. 06-93. Voting Yes: Mayor Ortiz; Mayor Pro Tern Prince; Councilmembers Lewis, Barker, Henderson, Beard, Williamson and Sinegal. Voting No: None. The caption of Ordinance No. 06-93 reads as follows: ORDZNANCE NO. 06-93 AN ORDt'NANCE ABANDONTNG, VACATTNG AND REL1'NQUrSH]'NG THE S. 5TM AVE. Rt'GHT-OF- WAY, BETWEEN BROADWAY AND GREENWrCH AND PROVrDrNG THE EFFECTt'VE DATE OF THTS ORDINANCE (A06-02 HUDSPETH) (7) P. O. No. 5687 - An Ordinance Abandoning And Vacating The 1.461 Acre Access And Utility Easement Located In Unrestricted Reserve "B", Stonegate Manor, Section Two "B" And Providing For The Dedication Of A Replacement Right-Of-Way And Easements And Providing For The Effective Date Of This Ordinance 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. 5687 be adopted. Planning and Grants Director Dale Watson appeared before the City Council to address inquiries concerning the proposed easement abandonment. The City Attorney stated the following amendment into the record: There shall be no direct driveway access to Ninth Avenue from the land that is described in Exhibit "A" and such a restriction shall remain on the plat. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Ordinance No. 5687 be amended as stated by the City Attorney. Proposed Ordinance No. 5687 was adopted as amended becoming Ordinance No. 06- 94. Voting Yes: Mayor Ortiz; Mayor Pro Tem Prince; Councilmembers Lewis, Barker, Henderson, Beard, Williamson and Sinegal. Voting No: None. The caption of Ordinance No. 06-94 reads as follows: ORDZNANCE NO. 06-94 AN ORD1'NANCE ABANDONTNG AND VACATING THE 1.461 ACRE ACCESS AND UT1'L:[TY EASEMENT LOCATED ZN UNRESTRICTED RESERVE "B", STONEGATE MANOR, SECTXON TWO "B" AND PROVZD[NG FOR THE DED~CATZON OF A REPLACEMENT RZGHT-OF- WAY AND EASEMENTS AND PROVZDZNG FOR THE EFFECTZVE DATE OF THZS ORDTNANCE City Council Minutes - Regular Meeting - October 2~,, 2006 12 P, O, No, 5688 - An Ordinance Abandoning And Vacating The Ten (10') Foot Wide Easement Along The Northerly Property Line Of Tract 59A Of Lafitte's Landing I! Subdivision And Providing For The Dedication Of A Replacement Ten Foot Easement Along The Northerly Line Of Tract 58B And Providing For The Effective Date Of This Ordinance The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion by Councilmember Henderson, seconded by Councilmember Lewis and carried unanimously, Proposed Ordinance No. 5688 was adopted becoming Ordinance No. 06-95, Voting Yes: Mayor Ortiz; Mayor Pro Tem Prince; Councilmembers Lewis, Barker, Henderson, Beard, Williamson and Sinegal Voting No: None. The caption of Ordinance No. 06-95 reads as follows: ORDZNANCE NO. 06-95 AN ORDINANCE ABANDONING AND VACATZNG THE TEN (10') FOOT W~DE EASEMENT ALONG THE NORTHERLY PROPERTY L~NE OF TRACT 59A OF LAFTTTE'S LANDING IX SUBDZV~SlrON AND PROV!D!NG FOR THE DED!CATIION OF A REPLACEMENT TEN FOOT EASEMENT ALONG THE NORTHERLY LZNE OF TRACT 58B AND PROVIDING FOR THE EFFECT]VE DATE OF TH!S ORDlrNANCE (g) P. O. No. 5689 - An Ordinance As !t Pertains To The Pleasure Zsland Levee Roads, Prohibiting Littering, Mandating A 20 MPH Speed Limit, Prohibiting Off-Road Driving, Providing For A Minimum Fine Of $500; And Providing For Publication !n The Official Newspaper Of The City Of Port Arthur And Effective !mmediately After Publication Date The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Beard and seconded by Councilmember Henderson that Proposed Ordinance No. 5689 be adopted. The City Attorney addressed inquiries related to off-road vehicles. Proposed Ordinance No. 5689 was adopted becoming Ordinance No. 06-96. Voting Yes: Mayor Ortiz; Mayor Pro Tem Prince; Councilmembers Lewis, Barker, Henderson, Beard, Williamson and Sinegal. Voting No: None. The caption of Ordinance No. 06-96 reads as follows: ORD!NANCE NO. 06-96 AN ORD!NANCE AS tT PERTAZNS TO THE PLEASURE !SLAND LEVEE ROADSf PROHZB]TING L]I'I'ERTNG, MANDAT!NG A 20 City Council Minutes - Regular Meeting - October 24, 2006 13 MPH SPEED LIMIT, PROHIBITING OFF-ROAD DRIllING, PROVIDING FOR A MINIMUM FZNF. OF $500; AND PROVIDING FOR PUBL~rCATZON IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE (10) P. O. No. 5690 - An Ordinance Establishing The Public Purpose And Criteria For The Disposition Of Public Property In The Port Arthur/3efferson County Enterprise Zone As It Pertains To The Sale And Development Of The Sabine Hotel The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion by Councilmember Henderson, seconded by Councilmember SJnegal and carried unanimously, Proposed Ordinance No. 5690 was adopted becoming Ordinance No. 06-97. Voting Yes: Mayor Ortiz; Mayor Pro Tem Prince; Councilmembers Lewis, Barker, Henderson, Beard, Williamson and Sinegal Voting No: None. The caption of Ordinance No. 06-97 reads as follows: (1) ORDINANCE NO. 06-97 AN ORDINANCE ESTABLISHING THE PUBLIC PURPOSE AND CRITERIA FOR THE DISPOSITION OF PUBLIC PROPERTY IN THE PORT ARTHUR/3EFFERSON COUNTY ENTERPRISE ZONE AS IT PERTAINS TO THE SALE AND DEVELOPHENT OF THE SABINE HOTEL *Reports And Recommendations Logan Park Development Councilmember Beard) Plan (Requested The City Manager presented the above-mentioned report. The City Attorney was instructed to correspond with the Pleasure ]~sland Commission regarding Logan Park. Councilmember Beard requested to be informed of the Pleasure island Commission's response and recommended enforcing deed restrictions. The City Council requested a follow-up report on Logan Park. (2) Recreational Vehicle Parks Planning and Grants Director Dale Watson presented the above-mentioned report. (3) Social Services Block Grant The City Manager presented the above-mentioned report and distributed information to the City Council. EDC Director Floyd Batiste appeared before the City Council to commend the City Manager and City Staff for their efforts in securing social service block grant awards. VIII. REPORTS OF BOARDS & COMMITTEES - None City Council Minutes - Regular Meeting - October 2,t, 2006 1'~ *CLOSED MEETING (EXECUTIVE SESSION) Closed Meetinq: (1) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To 3510 Lake Arthur Drive And Mohammed (2) Section 551.072 Government Code - To Discuss The Value Of Land As To 1.004 Acres Of Land Out Of Lot 6, Block 7, Range I To Be Deeded Over To Truth & Education Corporation (3) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation With Entergy (4) Section 551.071 Government Code - To Discuss With The City Attorney Pending Or Prospective Litigation As Pertains To The EDC Business Park, The Utility System Servicing The Park, Jade Avenue And EDC Business Prospects (s) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To The Shrimp House (6) Section 551.072 Government Code - To Discuss The Value Of Land As It Pertains To Approximately 41.46 Acres Adjacent To Denbo And West Port Arthur Road (7) Section 551.071 And 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And Industrial Business Prospects And Discuss With The City Attorney Issues As To Compliance With Contractual Provisions And Disclosure Requirements And Payment Schedules (8) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation With Jefferson County As To Jail Costs The City Council recessed their meeting at 9:25 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 10:27 p.m. with the following members present: Mayor Ortiz; Mayor Pro Tern Prince; Councilmembers Lewis, Barker, Henderson, Beard, Williamson and Sinegal; City Manager Fitzgibbons; Assistant City Secretary Hanks and City Attorney Sokolow VII. ITEMS REQUII~NG INDIVIDUAL ACTION- NON-CONSENT A. Resolutions (8) P~ R. No. 13845 - A Resolution Approving An Economic Incentive Agreement Contract Between Redwine Family Partnership And The City Of Port Arthur Section 4A Economic Development Corporation The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion by Councilmember Williamson, seconded Henderson, and carried unanimously Proposed Resolution No. becoming Resolution No. 06-445. by Councilmember 13845 was adopted City Council Minutes - Regular Meeting - October 24, 2006 15 Voting Yes: Mayor Ortiz; Mayor Pro Tern Prince; Councilmembers Lewis, BBrker, Henderson, Beard, Williarnson and Sinegal. Voting No: None. The caption of Resolution No, 06-445 reads as follows: RESOLUTION NO. 06-445 A RESOLUTION APPROVING AN ECONOMIC INCENTtVE AGREEMENT CONTRACT BETWEEN REDWINE FAMILY PARTNERSHIP AND THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION (g) P.R. No. 13847 - A Resolution As It Pertains To The Purchase Of 41.46 Acres From The Kansas City Southern Railway Company The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion by Councilmember Henderson, seconded by Mayor Pro 'rem Prince, and carried unanimously Proposed Resolution No. 13847 was adopted becoming Resolution No. 06-446. Voting Yes: Mayor Ortiz; Mayor Pro 'rem Prince; Councilmembers Lewis, Barker, Henderson, Beard, Williamson and Sinegal. Voting No: None. The caption of Resolution No. 06-446 reads as follows: RESOLUTION NO. 06-446 A RESOLUTION AS 1T PERTAINS TO THE PURCHASE OF 41.46 ACRES FROM THE KANSAS CITY SOUTHERN RAILWAY COMPANY B, Ordinances (1) P. O. No. 5667 - An Ordinance Authorizing The City Manager Of The City Of Port Arthur To Execute A Deed As To Approximately 1.004 Acres Out Of Lot 6, Block 7, Range I To Truth & Education Corporation For A Community Radio Station The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Beard and seconded by Councilmember Henderson that Proposed Ordinance No. 5667 be adopted. The City Attorney stated the following amendment into the record: .Section 5. The Truth and Education Corporation shall sign this ordinance agreeing to the terms hereof, the deed and the deed of trust as described in Exhibit "B" with modifications thereto changing the year 2008 to 2013 as to obligations therein. The motion was made by Councilmember Beard and seconded by Councilmember Lewis that Proposed Ordinance No. 5667 be amended as stated by the City Attorney. Proposed Ordinance No. 5667 was adopted becoming Ordinance No. 06-98. city Council Minutes - Regular Meeting - October 24, 2006 Voting Yes: Mayor Ortiz; Mayor Pro Tem Prince; Councilmembers Lewis, Barker, Henderson, Beard, William$on and ~[negal. Voting No: None. The caption of Ordinance No. 06-98 reads as follows: ORDINANCE NO. 06-98 AN ORDINANCE AUTHORZZI'NG THE Ci'TY MANAGER OF THE CITY OF PORT ARTHUR TO EXECUTE A DEED AS TO APPROXIMATELY :1_004 ACRES OUT OF LOT 6, BLOCK 7~ RANGE I TO TRUTH & EDUCATION CORPORATION FOR A COMMUNITY RADIO STATION V. UNFINISHED BUSINESS P. R. No. 13826 - A Resolution As It Pertains To Port Arthur Camellia Estate, L.P. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made be Councilmember Wiliiamson and seconded by Councilmember Henderson that Proposed Resolution No. :13826 be removed. Proposed Resolution No. 13826 was removed. X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Councilmember Beard: (i) Requested a report from Shell Oil Refinery regarding a recent environmental release near the El Vista area. (2) Requested that a tribute be performed for the Veterans who have served in the Armed Forces on Veterans Day. XI. AD3OURNMENT OF MEETING Upon the motion of Mayor Pro Tern Prince, seconded by Councilmember Sinegal and carried unanimously, the City Council adjourned their meeting at :10:40 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. ArrEST: MAYOR OSCAR G. ORTIZ CITY SECRETARY EVANGELINE GREEN END OF REGULAR MEETING HELD October 24, 2006. APPROVED: City Council Minutes - Regular Meeting - October 24, 2006 17