HomeMy WebLinkAbout10/26/04 - REGULAR REGULAR MEETZNG - October 26, 2004
ROLL CALL~ ZNVOCATZON & PLEDGE
The City Coundl of the City of Port Arthur met in Regular Session on Tuesday, October
26, 2004, at 6:00 p.m. in the City Council Chamber, City Hall, with the following
members present: Mayor Oscar G. Ortiz; Mayor Pro Tem .John Beard, .]r.;
Councilmembers Craig Hannah, Felix A. Barker, Martin Flood, Deloris "Bobble' Prince and
Michael "Shane' Sinegal; City Manager Steve Fi~zgibbons; Assistant City Secretary Terri
Hanks and City A[torney Mark Sokolow.
Coundlmember Thomas ,~. Henderson arrived at 6:23 p.m.
l't'. PROCLAMATZONS & MZNUTES
The Mayor presented the following Proclamation:
October 1 - 31, 2004 as "Family Violence Awareness Month"
Family Violence Prevention Training Specialist Cindy Fertitta accepted the proclamation
and distributed handouts highlighting scheduled activities and awareness information.
YMCA Director Mike Kelly, Mr. Henry Durham and other Henry Durham Academy
members presented a framed resolution recognizing the City Council for their support
and partnership of the First Tee program and deemed the City Council honorary
members of the First Tee Chapter of Port Arthur, Texas.
t4inutes- Special t4eeting October 04, 2004
Upon the motion of Councilmember Sinegal, seconded by Mayor Pro Tem Beard and
carried unanimously, the City Council approved the above-mentioned minutes.
.loint/Special I~leeting October 04~ 2004
Upon the motion of Councilmember Sinegal, seconded by Councilmember Henderson
and carried unanimously, the City Council approved the above-mentioned minutes.
Regular Iqeeting October :[2, 2004
Upon the motion of Councilmember Sinegal, seconded by Mayor Pro Tem Beard and
carried unanimously, the City Council approved the above-mentioned minutes.
Special f4eeting October :[9, 2004
Upon the motion of Councilmember Sinegal, seconded by Councilmember Henderson
and carried unanimously, the City Council approved the above-mentioned minutes.
.loint/Special t4eeting October zg, 2004
Upon the motion of Councilmember Sinegal, seconded by Councilmember Henderson
and carried unanimously, the City Council approved the above-mentioned minutes.
PET1~TZONS & COI~It4UNTCATI'ONS
A. SPeakers
Trudy Wright Regarding Resources For The Disabled
NOT PRESENT
B. Corres ondence
None
tV. PUBLZC HEARZNGS- 7:00PM
None
V. UNFZN[SHED BUStNESS
None
CONSENT AGENDA
Upon the motion of Councilmember Sinegal, seconded by Councilmember Barker and
carried unanimously, the following Consent Agenda items were adopted with the
exception of Item .1 and Proposed Resolution No. 12871:
A. Consideration And Approval For The Purchase Of Computer
Equipment And Software To Veicon Technology, tnc.
(Beaverton, OR) tn The Amount Of $:L8,701 For The Port
Arthur Public Library.
B. Consideration And Approval Of Payment To Partnership Of
Southeast Texas (POST) For Fiscal 2005 tn The Amount Of
$12,000.
C. Consideration And Approval Of Awarding A Bid For The
Purchase Of Medical Supplies And Pharmaceuticals To
Moore Medical Corporation (New Britain, CT) In The
Amount Of $8,394.66 For The Fire Department.
D. Consideration And Approval Of Payment To Orange County
Emergency Services District No. 2 tn The Amount Of
$128,627.05.
E. Consideration And Approval Of Awarding A Bid For The
Purchase Of A New Heavy Dub/Tire Changer To Southeast
Texas Automotive Equipment, tnc. (Beaumont, TX) [n The
Amount Of $:L0,439.00 For The Transit Maintenance
Division/Service Center.
F. Consideration And Approval Of Awarding A Contract For
Supplying Lubricants And Greases For The City's Rolling
Equipment To Tri-Con, tnc. (Beaumont, TX) ~n The
Estimated Amount Of $32,268.05.
G. Consideration And Approval Of Awarding A Bid For The
Purchase Of Uniforms To Cintas Corporation (Beaumont,
TX) tn The Estimated Amount Of $;I.2,000 For The Public
Works Department.
H. Consideration And Approval To Reject The Bid Received
From Zerl's Welding & Fabrication, tnc. (Bridge City, TX) For
Repairing/Refurbishing Commercial Refuse Containers And
Authorization To Rebid.
T. Consideration And Approval Of Payment For The City's Pro°
Rata Share Of The 2005 Orange County Appraisal District
Funding Allocation [n The Total Amount Of $:L0,548 (Four
Equal Payments Of $2,637.00).
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City Council Minutes October 26, 2004
K. Expense Accounts:
Assistant City Secretary Terri Hanks:
Attend TMCCP - Course 2 Effective Governing, Austin, TX
October 6-8, 2004 $750.00
Resolutions - Consent
(1) P.R. No. 12833 - A Resolution Affirming The Znvestment
Policies Of The City Of Port Arthur For The 2004-2005 Fiscal
Year.
Proposed Resolution No. 12833 was adopted becoming Resolution No. 04-348.
(2) P.R. No. 12866 - A Resolution Authorizing The Execution Of
A Memorandum Of Understanding Between The Port Arthur
City Health Department And The Texas Department Of State
Mental Health Services.
Proposed Resolution No. 12866 was adopted becoming Resolution No. 04-349.
VZZ. 1~TEMS REQUZR]NG ~ND~VZDUAL ACTZON - CONSENT
3. Consideration And Approval Of Awarding A Bid To Burkart's
House Moving & Plumbing (Orange~ TX) In The Amount Of
$11,236.00 For The Moving, Strapping Down, Blocking And
Leveling Of Two (2) Portable Buildings From DeQueen
School To Two (2) Different Locations Zn Port Arthur.
The Mayor introduced the above-mentioned item.
The motion was made by Councilmember Henderson and seconded by Councilmember
Sinegal that item .1 be adopted.
Councilmember Flood left the City Council Chamber at 6:33 p.m.
Public Works Assistant Director and City Engineer Ross Blackketter appeared before the
City Council to discuss the specialized equipment required to move the portable
buildings, including anchoring, stabilizing and pier foundations.
Councilmember Sinegal extended appreciation to the Port Arthur independent School
District and to Councilmember Prince for their involvement in attaining the buildings to
be used for local community buildings.
The motion to adopt item .~ carried by unanimous vote.
(3) P.R. No. 12871 - A Resolution Authorizing The Execution Of
An Amendment To The Contract Between The City Of Port
Arthur And The Texas Health And Human Services
Commission To Continue Community-Based Outreach
Services For The Children's Health Znsurance Program
(CHIP).
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember
Sinegal that Proposed Resolution No. 12871 be adopted.
Health Department Director Ernestine Wade appeared before the City Council to report
that approximately 19,000 children benefit from the Children's Health insurance Program
and although there have been program reductions, some dental benefits are included.
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City Council Minutes October 26, 2004
Proposed Resolution No. 12871 was adopted becoming Resolution No. 04-350.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmembers Hannah, Barker,
Henderson, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 04-350 reads as follows:
RESOLUTION NO. 04-350
A RESOLUTION AUTHORIZING THE EXECUTION OF
AN AMENDMENT TO THE CONTRACT BETWEEN THE
CITY OF PORT ARTHUR AND THE TEXAS HEALTH AND
HUMAN SERVICES COMMISSION TO CONTINUE
COMMUNITY-BASED OUTREACH SERVICES FOR THE
CHILDREN'S HEALTH INSURANCE PROGRAM ([CHIP).
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT
A. Resolutions
(1) P.R. No. :[2855 - A Resolution Authorizing The City Manager
To Execute A Release Of Liens As It Pertains To The Linn
Motor Building.
The Mayor introduced the above-mentioned Proposed Resolution.
Councilmember Flood returned to the City Council Chamber at 6:42 p.m.
The motion was made by Councilmember Henderson and seconded by Councilmember
Sinegal that Proposed Resolution No. 12855 be adopted.
Mr..loseph Richard, 2704 Glacier, appeared before the City Council for consideration in
approving the release of the 1946 liens that pertain to the Linn Motor Building located at
848 Procter Street. Flardi Gras of Southeast Texas plans to demolish the Linn Motor
Building and use this property for citywide recreational activities for Port Arthur's
citizens.
Proposed Resolution No. 12855 was adopted becoming Resolution No. 04-351.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmember Hannah, Barker,
Henderson, Flood, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 04-351 reads as follows:
RESOLUTION NO. 04-35:[
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A RELEASE OF LIENS AS
IT PERTAINS TO THE LINN MOTOR BUILDING.
(2) P.R. No. :L2870 - A Resolution Approving A Settlement In
The Litigation Of Barbara Hines-Tegtmeier, Bob Tegtmeier
And ADAPT Vs. City of Port Arthur.
The above-mentioned item was held until after Executive Session.
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City Council Minutes October 26, 2004
(3) P.R. No. 12872 - A Resolution Approving A Settlement In
The Case Of The City Vs. $ilverspoon.
The above-mentioned item was held until after Executive Session.
(4) P, R, No, 12875 - A Resolution Authorizin9 The City Manager
To Execute A Franchise Agreement With Texas & Kansas
City Cable Partner~, L.P.
The above-mentioned item was held until after Executive Session.
(5) P, R, No, 12876 A Resolution Approving Invoice Or
Invoices Of The City Of Port Arthur Economic Development
Corporation,
The City Attorney stated that the LSI, Schaumburg & Polk and Waste Management
invoices would be eliminated from the above-mentioned resolution.
The Mayor introduced the above-mentioned Proposed Resolution with the eliminated
invoices as stated by the City Attorney.
The motion was made by Councilmember Barker and seconded by Mayor Pro Tem Beard
that Proposed Resolution No. 12876 be adopted as amended.
The Mayor requested that an EDC representative be in attendance to address City
Council's inquiries regarding payment of invoices. Mr. Sokolow responded the EDC was
attending a training seminar and would not be present at this meeting.
Proposed Resolution No. 12876 was adopted as amended, over the dissenting vote of
Councilmember Sinegal, becoming Resolution No. 04-352.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmember Hannah, Barker,
Henderson, Flood and Prince.
Voting No: Councilmember Sinegal.
The caption of Resolution No. 04-352 reads as follows:
RESOLUTZON NO. 04-352
A RESOLUTION APPROVZNG INVOICE OR
INVOICES OF THE CITY OF PORT ARTHUR
ECONOMIC DEVELOPf4ENT CORPORATION.
B.
(1) P.O. NO. 5461 - An Ordinance Designating December 27,
2004 As A Legal Holiday.
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. 5461 was adopted becoming
Ordinance No. 04-68.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah, Barker,
Henderson, Flood, Prince and Sinegal.
Voting No: None.
The caption of Ordinance No. 04-68 reads as follows:
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City Council Minutes October 26, 2004
ORDZNANCE NO. 04-68
An Ordinance Designating December 27~ 2004 As A
Legal Holiday.
(2) P.O. No. 5462 - An Ordinance Designating The Intersection
Of 19t' Street & Stilwell Boulevard And 19m Street &
De(~ueen Boulevard As Ali-Way Stops, Providing For An
Effective Date, And For Publication.
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Sinegal, seconded by Councilmember Henderson
and carried unanimously, Proposed Ordinance No. 5462 was adopted becoming
Ordinance No. 04-69.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmembers Hannah, Barker,
Henderson, Flood, Prince and Sinegal.
Voting No: None.
The caption of Ordinance 04-69 reads as follows:
ORDINANCE NO. 04-69
AN ORDINANCE DESIGNATING THE
INTERSECTION OF 19TH STREET & STILWELL
BOULEVARD AND 19TH STREET & DE(~UEEN
BOULEVARD AS ALL-WAY STOPS, PROVIDING
FOR AN EFFECTIVE DATE, AND FOR
PUBLICATTON.
(3) P.O. NO. 5464 - An Ordinance Abandoning, Vacating And
Relinquishing Those 20 Foot Alleys Located In Block 222,
City Of Port Arthur And The 195 Foot Easement (Formerly
8th Street) Located Between Harshall Avenue And DeQueen
Boulevard And Providing The Effective Date Of This
Ordinance. (A04-03 PATSD - DE(~UEEN SCHOOL).
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Sinegal, seconded by Councilmember Henderson
and carried unanimously, Proposed Ordinance No. 5464 was adopted becoming
Ordinance No. 04-70.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmembers Hannah, Barker,
Henderson, Flood, Prince and Sinegal.
Voting No: None.
The caption of Ordinance 04-70 reads as follows:
ORDINANCE NO. 04-70
AN ORDINANCE ABANDONING, VACATING AND
RELIN(~UISHING THOSE 20 FOOT ALLEYS
LOCATED IN BLOCK 222, CITY OF PORT
ARTHUR AND THE ].95 FOOT EASEMENT
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City Council Minutes October 26, 2004
(FORMERLY 8TH STREET) LOCATED BETWEEN
MARSHALL AVENUE AND DE(~UEEN BOULEVARD
AND PROVIDING THE EFFECTIVE DATE OF THIS
ORDINANCE. (A04-03 PAISD - DE(~UEEN
SCHOOL).
(4) P.O. No. 5467 - An Ordinance Pertaining To The Developer
Participation Contract With Platinum Choice Investments,
EEC.
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Sinegal, seconded by Councilmember Henderson
and carried unanimously, Proposed Ordinance No. 5467 was tabled.
C. ~"ReDorts And Recommendations
(:1) September, 2004 Financial Statement
The City Manager discussed the above-mentioned report.
(2) Report On Resurfacing Streets In Griffing Park (Requested
By Councilmember Henderson)
Mr. Bob Shaw owner of Bob Shaw Consulting Engineers appeared before the City Council
to discuss delays and options for the street-resurfacing portion of the sewer construction
project.
(4) Report From Bob Shaw Regarding Update Of Sewer
Construction Project
Mr. Bob Shaw owner of Bob Shaw Consulting Engineers appeared before the City Council
to report the following progress of the sewer construction project as follows:
Downtown 25% Complete
Pioneer Park 12% Complete
Griffing Park 30% Complete
Utility Operations Director Kelly Eldridge appeared before the City Council to discuss
smoke testing the newly installed sewer lines and the residential sewer lines.
(3) Report On Weed & Seed Program
Weed and Seed Coordinator LaTonya Turner appeared before the City Council to report
on computer literacy training and the "Operation Clean Sweep" logo contest.
VIII. REPORTS OF BOARDS & COMMII'I'EES
None
*CLOSED MEETING (EXECUTIVE SESSION)
Closed Meetinq:
(1) Section 551.071 Government Code - To Discuss With The
City Attorney Prospective Litigation As To Revolving Loans.
(2) Section 551.087 Government Code - To Discuss Incentives
For Industrial/Retail/Commercial And Industrial Business
Prospects.
(3) Section 55~..071. Government Code - To Discuss With The
City Attorney Prospective Litigation As It Pertains To The
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£ity Council Minutes October 26, 2004
LNVA.
(4) Section 551.071 Government Code - To Discuss With The
City Attorney Prospective Litigation As It Pertains To Cable
Franchise.
(5) Section 551.071 Government Code - To Discuss With The
City Attorney Procedures As To Avoid Litigation As To
Processes And Procedures Of The City Of Port Arthur
Section 4A Economic Development Corporation Consultants
And Grantees.
(6) Section 551.071 Government Code - To Discuss With The
City Attorney Procedures As To Avoid Litigation As To The
Civil Service Issues.
(7) Section 551.076 Government Code - To Discuss Security
Precautions As To Homeland Security Issues.
The City Council recessed their meeting at 7:38 p.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 9:12 p.m. with
the following members present: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers
Hannah, Barker, Henderson, Flood, Prince and Sinegal; City Manager Fitzgibbons;
Assistant City Secretary Hanks and City Attorney Sokolow.
VII. ITEMS RE(~UIRING INDIVIDUAL ACTION - NON CONSENT
(2) P.R. No. 12870 - A Resolution Approving A Settlement In
The Litigation Of Barbara Hines-Tegtmeier, Bob Tegtmeier
And ADAPT Vs. City of Port Arthur.
The City Attorney stated into the record the proposed settlement agreement as found in
Exhibit "A":
It is a Rule 11 Agreement. The city ~s agreeing to pay attorney's fees in
the amount of $4,600.00 and an additional amount of $100.00 to the
Tegtmeiers. The city is agreeing to do repairs on sidewalks and curb cuts
and other miscellaneous items for a cost of up to $65,000.00 by
December 31, 2005. Also, the city is agreeing to do a self-evaluation and
transition plan under the ADA by June 30, 2005. This is a Rule 11
agreement to be filed with the court settling this litigation.
The IVlayor introduced the above-mentioned Proposed Resolution with the settlement as
stipulated by the City Attorney.
The motion was made by Mayor Pro Tern Beard and seconded by Councilmember
Henderson that Proposed Resolution No. 12870 be adopted.
Proposed Resolution No. 12870 was adopted becoming Resolution No. 04-353.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmembers Hannah, Barker,
Henderson, Flood, Prince, and Sinegal.
Voting No: None.
The caption of Resolution No. 04-353 reads as follows:
RESOLUTION NO. 04-353
A RESOLUTION APPROVING A SEI-rLEMENT IN THE
LITIGATION OF BARBARA HINES-TEGTMEIER, BOB
TEGTMEIER AND ADAPT VS. CITY OF PORT ARTHUR.
(3) P.R. No. 12872 - A Resolution Approving A Settlement In
The Case Of The City Vs. Silverspoon.
city Council Minutes October 26, 2004
City Attorney Sokolow stated into the record the proposed settlement:
Mr. and Mrs..1ones are agreeing to enter into an agreed judgement of
$30,107.70 and they are agreeing that we (the city) will not execute on
that judgement so long as they pay it off at a rate of $200.84 per month.
The Mayor introduced the above-mentioned Proposed Resolution with the settlement as
stated by the City Attorney.
The motion was made by Mayor Pro '1'em Beard and seconded by Councilmember
Henderson that Proposed Resolution No. 12872 be adopted.
The City Attorney reported that the interest is five percent.
Proposed Resolution No. 12872 was adopted becoming Resolution No. 04-354.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmember Hannah, Barker,
Henderson, Flood, Prince and Sinegal.
Voting No.' None.
The caption of Resolution No. 04-354 reads as follows:
RESOLUTZON NO. 04-354
A RESOLUTION APPROVING A SEI-FLEMENT IN
THE CASE OF THE C1~TY VS. SILVERSPOON.
(4) P.R. No. :t2875 - A Resolution Authorizing The City Manager
To Execute A Franchise Agreement With Texas & Kansas
City Cable Partners, L.P.
City Attorney Sokolow read the franchise agreement amendment:
Section 6.3 - Access Channels.
Grantee shall make available to the city two channels for non-commercial,
locally produced municipal government, educational programming and
economic development programming.
The Mayor introduced the above-mentioned Proposed Resolution with the following
amendment as stated by the City Attorney.
The motion was made by Councilmember Henderson and seconded by Mayor Pro Tern
Beard that Proposed Resolution No. 12875 be adopted.
Councilmember Henderson voiced concerns with the length of time (24 hours) to correct
interruptions of service.
'1~me Warner Cable Public Affairs Manager Gary Underwood, 602 North Highway 69,
Nederland, addressed the City Council to discuss the 24 hour customer service standards
as outlined by the FCC; however, outages and service calls are addressed immediately.
Proposed Resolution No. 12875 was adopted becoming Resolution No. 04-355.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmember Hannah, Barker,
Henderson, Flood, Prince and Sinegal.
Voting No: None.
The caption of Resolution No. 04-355 reads as follows:
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City Council Minutes October 26, 2004
RESOLUTION NO. 04-355
A RESOLUTION AUTHORIZING THE CTTY
MANAGER TO EXECUTE A FRANCHISE
AGREEMENT WTTH TEXAS & KANSAS CI'TY
CABLE PARTNERS, L.P.
X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS
Councilmember Flood
Report on abandoned buildings near DeQueen Elementary School.
Mayor Pro Tern Beard
(1) Report on the Premcor Abatement Policy.
(2) Report on the BW Architect's small business initiative program.
(3) Report on developing a Plumber's Contractors' Program.
(4) Report on the West Side Community Center.
Councilmember Sinegal
Report on the Boot Strap Program over the last several years.
Mayor Ortiz
Report on garbage collections on Viterbo Road.
Councilmember Barker
Report on loud music citations for the last year.
XI~. ADJOURNMENT OF MEETtNG
Upon the motion of Councilmember Henderson, seconded by Mayor Pro Tern Beard and
carried, the City Council adjourned their meeting at 9:26 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. ORTIZ
AFl'EST:
ASSI'STANT CITY SECRETARY TERRI HANKS
END OF REGULAR MEETING HELD October 26, 2004 APPROVED:
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City Council Minutes October 26, 2004