HomeMy WebLinkAboutJANUARY 8, 2002REGULAR MEETING - January 8, 2002
I. ROLL CALL, INVOCATION & PLEDGE
The City Council of the City of Port Arthur met in Regular Session on Tuesday, January
8, 2002 at 8:30 o'clock A.M. in the City Council Chamber, City Hall, with the following
membem present: Mayor Oscar G. Ortiz; Mayor Pm Tern Felix Barker; Councilmembers
Craig Hannah, Robert A. Bowem and Robert Allen; City Manager Steve Fitzgibbons;
Assistant City Secretary Jan Stmder and City Attorney Mark T. Sokolow.
The invocation was given by Mayor Pro Tem Barker, followed by the pledge to the flag.
II. PROCLAMATIONS & MINUTES
Minutes - Regular Meeting Held December 18, 2001
Upon the motion of Councilmember Allen, seconded by Councilmember Bowers, and
carried unanimously, the City Council approved the above-mentioned Minutes.
Upon the motion of Councilmember Bowers, seconded by Mayor Pre Tem Barker, and
carried unanimously, the City Council amended the above-mentioned Minutes to include
the following in Section 3, B. Correspondence regarding the letter from Lakeview
resident: "that Council refer this letter to the City Manager for appropriate action".
IlL PETITIONS & COMMUNICATIONS
Speakers
None
B. Correspondence
None
IV. ' PUBLIC HEARINGS- 9:00AM
None
V. UNFINISHED BUSINESS
None
VI. CONSENT AGENDA
Upon the motion of Councilmember Bowers, seconded by Mayor Pro Tern Barker, and
carried unanimously, the following Consent Agenda was adopted:
Consideration And Approval Of Awarding A Bid For The
Purchase Of One Pickup Truck To Philpott Ford In The Amount
Of $22,021 For The Police Department Auto Theft Task Force.
Consideration And Approval Of Awarding A Bid For
Emergency Repairs At The 39th Street Bellaire Girls Softball
Field (Cecil Reynolds Park) To Stoneburner Vermtt Electric,
Inc, In The Amount Of $34,456.
Consideration And Approval Of Payment To HTE, Inc. In The
Amount Of $63,600 For Annual Maintenance On The ASI400
System.
D. Approval Of Expense Accounts:
Mayor Oscar G. Ortiz:
Use Of Personal Auto On City Business,
December, 2001
$ 112.77
Mayor Pro Tern Felix Barker:
Use Of Personal Auto On City Business,
December, 200t
$ t00.00
Councilmember Robert Allen:
Use Of Personal Auto On City Business,
September- November, 200t
$ 86.94
Attend National League Of Cities Conference,
Atlanta, Georgia, December 3 - t2, 2001 $ 2,336.87
Councilmember Robert Bowers:
Use Of Personal Auto On City Business,
December, 2001
$ 39.68
Councilmember Thomas Henderson:
Use Of Personal Auto On City Business,
November - December, 200t
$ 168.36
City Attorney Mark Sokolow:
Attend Seminar Representing Business In The New
Economy, Houston, Texas,
December t3-14, 2001 $
434.73
Attend Meeting With Southern Union Gas Attorneys,
Houston, Texas, December 21, 2001 $ 54.77
Resolutions - Consent
(t)
P. R. No. 11607 -A Resolution Authorizing The Chief Of Police
And City Manager To Apply Along With The Jefferson County
Sheriff's Department, The Hardin County Sheriff's Department,
The City Of Beaumont Police Department, The City Of
Nederland Police Department, The City Of Port Neches Police
Department And The City Of Groves Police Department For
The Continuation Of The Jefferson County Narcotics Task
Force.
P.R. No. 11607 was adopted, becoming Resolution No. 02-01.
(2)
P. R. No. 11612 - A Resolution Renewing The Contract For Fuel
Dispensing And Management Services For Gasoline And
Diesel Fuel.
P.R. No. 11612 was adopted, becoming Resolution No. 02-02.
(3)
P. R. No. 1t6t 3 - A Resolution Authorizing The Execution Of A
Contract Between The City Of Port Arthur And SeTEX
Construction Corporation Of Beaumont, Texas For Furniture &
Furnishings For The City Of Port Arthur Health Facility In The
Amount Of $79,000; Funding Available In FY 2002, Account No.
301-1601-591.82-00, CIP t70 And In Othe. r Accounts In Which
Balances Exist.
P.R. No, 11613 was adopted, becoming Resolution No. 02-03.
(4}
P. R. No. 11616 - A Resolution Extending The Performance
Period Of PANAC Community Development Block Grant
Contract From December 31, 2001 To June 1, 2002 Or Until
Such Funds Are Exhausted, Whichever Comes Sooner, Unless
Terminated As Otherwise Provided With The Contract.
P.R. No. 11616 was adopted, becoming Resolution No, 02-04.
($) P.R. No. 11617 - A Resolution Authorizing Publication Of
Notice Of Intention To Issue $17 Million Dollars In Certificates
Of Obligation.
P.R. No. 11617 was adopted, becoming Resolution No. 02-05.
(6) P.R. No. 11619 - A Resolution Approving Sewer Adjustments
To Certain Utility Accounts.
P.R. No. 11619 was adopted, becoming Resolution No. 02-06.
(7) P.R. No. 11620 - A Resolution Authorizing The Execution To
Extend A Contract Between The City Of Port Arthur And The
Texas Health And Human Services Commission For Outreach
And Inreach Services For The Children's Health Insurance
Program (CHIP) And Medicaid Program.
P,R. No. 11620 was adopted, becoming Resolution No, 02-07,
(8)
P. R. No. 11621 - A Resolution Approving The FY 2002
Contract Between The City Of Port Arthur And The Texas
Department Of Health To Continue The STD/HIV Program.
P.R. No. 11621 was adopted, becoming Resolution No. 02-08.
{9) P.R. No. 11622 - A Resolution Approving The Acceptance And
Execution Of Two Subcontracts To Perform Tobacco
Prevention And Control Activities For A Total Amount Of
$8,200.
P.R. No. 11622 was adopted, becoming Resolution No, 02-09.
(t0)
P. R.'No. 11623 - A Resolution Approving The FY 2002 City
Street Program And The 28th Year CDBG Street Program, In
The City Of Port Arthur, With Funding Available In The FY 2002
General Fund Budget And From The 28th Year Community
Development Block Grant Program When Approved.
P,R. No, 11623 was adopted, becoming Resolution No. 02-10.
(11)
P. R. No. 11624 -A Resolution Authorizing An Amendment To
The Port Cities Rescue Mission Ministries, Inc., Community
Development Block Grant (CDBG) 2001-2002 Contract, 105-
1431-552.59-00 Project #C27112. The Contract Will Be
Amended To Transfer The $11,617.21 Balance From The
Existing Budgets To Purchase Appliances In Order To Replace
Those Lost In A Fire.
P.R. No. 11624 was adopted, becoming Resolution No. 02-11.
(12)
P. R. No. 11626 - A Resolution Authorizing Publication Of
Notice Of Intention To Issue $15 Million Dollars In Certificates
Of Obligation.
P.R. No. 11626 was adopted, becoming Resolution No. 02-12.
VII. ITEMS REQUIRING INDIVIDUAL ACTION
A. Resolutions
(1)
(2)
P. R. No. 11618 - A Resolution Authorizing The City Manager
To Do All Things Necessary To Execute The Settlement Of The
City's Subrogation Claim In Cause No. E-159,760 Made Against
The Hell Company And Freightliner Corporation, Et Al.
P. R. No. 11625 - A Resolution Pertaining To The Rent
Proration As To The Purchase Of Approximately 407 Acres Of
Land AtThe Landfill And Two Drainage Easements.
The above-mentioned Resolutions were held until after Executive Session.
B. Ordinances
P. O. No. 5236 - An Ordinance Amending Section 6-35 Of
Chapter 6 Of The Code Of Ordinances Of The City Of Port
Arthur As It Pertains To Proximity To Church, Public Or Private
School Or Public Hospital And The Sale Of Alcoholic
Beverages Within 300 Feet, Providing For A Penalty Of Up To
$2000 Per Day Per Incident, Providing 'For Publication And
Providing For An Effective Date.
The City Manager introduced the above-mentioned Ordinance.
The motion was made by Councilmember Bowers and seconded by Mayor Pro Tern
Barker that Proposed Ordinance No. 5236 be adopted.
Councilmember Ronnie Linden arrived at the meeting at 8:45 a.m.
The City Attorney stated that state law had been amended to allow cities to prohibit the
sale of alcoholic beverages within 300' or in some cases 1000' of a private school.
Planning Director Dale Watson appeared before the City Council and stated that the
current Zoning Ordihance prohibits tavern/lounges adjacent to or across the street from
residential zoning.
Proposed Ordinance No. 5236 was adopted, becoming Ordinance No. 02-01.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Barker; Councilmembers Hannah, Linden,
Bowers and Allen.
Voting No: None,
The caption of Ordinance No, 02-01 reads as follows:
ORDINANCE NO. 02-01
AN ORDINANCE AMENDING SECTION 6-35 OF
CHAPTER 6 OF THE CODE OF ORDINANCES OF
THE CITY OF PORT ARTHUR AS 1T PERTAlNS TO
PROXIMITY TO CHURCH, PUBLIC OR PRIVATE
SCHOOL OR PUBLIC HOSPITAL AND THE SALE
OF ALCOHOLIC BEVERAGES WI'I"HIN 300 FEET,
PROVIDING FOR A PENALTY OF UP TO $2000
PER DAY PER INCIDENT, PROVIDING FOR
PUBLICATION AND PROVIDING FOR AN
EFFECTIVE DATE.
C. *Reports And Recommendations
(1) Report On Completion Of Street Repairs On
Boulevard (Requested By Councilmember Gillam)
Thomas
The above-mentioned report was held.
(2) Report On BOSS 2002
Councilmember Gillam)
Conference (Requested By
The above-mentioned report was held.
(3) Report On Financing Options For Port Arthur Economic
Development Corporation's Business Park
The .City Manager and Finance Director Rebecca Underhill presented the above-
mentioned report.
The Mayor announced that a Joint Meeting between the City Council and the Economic
Development Corp. will be held on Tuesday, January 15, 2002 at 5:00 p.m.
VIII. REPORTS OF BOARDS & COMMITTEES
None
IX. *CLOSED MEETING (EXECUTIVE SESSION)
Closed Meeting:
(1) Section 551.071 Government Code - To Discuss With The City
Attorney Pending Litigation Of Frank Vs. Heil.
(2) Section 551.072 Government Code - To Discuss The Value Of
Land At The Landfill.
(3) Section 55t.07t Government Code - To Discuss With The City
Attorney The City's Claim Against Southern Union Gas And
Prospective Litigation Thereon.
(4) Section 55¶.072 Government Code - To Discuss The Value Of
Land Adjacent To West Seventh Street.
(5) Section 551.071 Government Code - To Discuss The Pending
Litigation Between The City And Fire Fighters Association.
(6) Section 551.07'1 Government Code - To Discuss With The City
Attorney The Pending Litigation With Entergy.
(7) Section 551.071 Government Code - To Discuss With The City
Attorney Potential Litigation As It Pertains To Motorola And
Settlement Options Thereof.
(8) Section 55t.074 Government Code - To Discuss The Duties,
Evaluation And The Appointment Of The City Secretary.
The City Council recessed their meeting at 9:21 a.m. to meet in Executive session to
consider the above-mentioned topics, and reconvened their meeting at 11:32 a.m. with
the following members present: Mayor Ortiz; Mayor Pro Tem Barker; Councilmembers
Hannah, Linden, Bowers and Allen; City Manager Fitzgibbons; Assistant City Secretary
Stmder and City Attorney Sokolow.
VII. ITEMS REQUIRING INDIVIDUAL ACTION (CONTINUED)
A. Resolutions
(t) P.R. No. 11618 - A Resolution Authorizing The City Manager
To Do All Things Necessary To Execute The Sefflement Of The
City's Subrogation Claim In Cause No. E-t59,760 Made Against
The Hell Company And Freightllner Corporation, Et Al.
The Mayor introduced the above-mentioned Resolution.
Upon the motion of Councilmember Allen, seconded by Councilmember Bowers, and
carded unanimously, Proposed Resolution No. 11618 was tabled.
(2) P.R. No. 11625 - A Resolution Pertaining To The Rent
Proration As To The Purchase Of Approximately 407 Acres Of
Land At The Landfill And Two Drainage Easements.
The Mayor introduced the above-mentioned Resolution.
The 'motion was made by Councilmember Bowers and seconded by Councilmember
Allen that Proposed Resolution No. 11625 be adopted.
The City Attorney read into the record the following "Exhibit A":
PROPERTY: Approximately 407 Acres and Two Drainage Easements
PURCHASE PRICE: $508,000
JANUARY 15, 2002
MARCH 29, 2002
CiTY WILL PAY SELLERS $46,532
CITY WILL PAY SELLERS $461,468
WITH A REDUCTION THEREFROM OF
$10,695 DUE TO THE RENT
PRORATION
*CONTINGENT ON THE ISSUANCE OF CERTIFICATES OF
OBLIGATION
Proposed Resolution No. 11625 was adopted, becoming Resolution No. 02-13.
Voting Yes: Mayor' Ortiz; Mayor Pm Tern Barker; Councilmembers Hannah, Linden,
Bowers and Allen.
Voting No: None.
The caption of Resolution No. 02-13 reads as follows:
RESOLUTION NO. 02-t3
A RESOLUTION PERTAINING TO THE RENT
PRORATION AS TO THE PURCHASE OF
APPROXIMATELY 407 ACRES OF LAND AT THE
LANDFILL AND TWO DRAINAGE EASEMENTS.
X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS
Councllmember Bowers: '~
Human Resources'Director provide a benchmark study of the City
Manager, City Attorney, City Secreta~ and City Juage positions.
Xl. ADJOURNMENT OF MEETING
Upon the motion of Councilmember Allen, seconded by Councilmember Linden, and
carried unanimously, the City Council adjourned their meeting at 11:36 a.m.
An audio tape of this meeting is on file in the off~ce of the City Secretary and is made a
part of the official minutes of this meeting.
ATTEST:
ClTY SECRETARY
END OF REGULAR MEETING HELDJanua~ 8,2002. APPROVED:
MAYOR