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Home My WebLink AboutDecember 7, 2004OSCAR G. ORTIZ, MAYOR STEPHEN FITZGIBBONS JOHN BEARD, JR., MAYOR PRO-TEM CiTY MANAGER COUNCIL MEMBERS: EVANGELINE "VAN" GREEN CRAIG HANNAH Ci(y of CITY SECRETARY FELIX A. BARKER MARK T. SOKOLOW THOMAS J. HENDERSON CITY ATTORNEY MARTIN FLOOD RONNIE H. THOMPSON DELORIS PRINCE MICHAEL "SHANE" SINEGAL Texas AGENDA City Council Regular Meeting December 7, 2004 8:30 a.m. In compliance with the Americans With Disabilities Act, the City of Port Arthur will provide for reasonable accommodations for persons attending City Council meetings. To better serve you, requests should be received 24 hours prior to the meeting. Please contact the City Secretary's Office, at (409) 983-8115. P.O. BOX 1089 · PORT ARTHUR, TEXAS 77641-1089 · 409/983-8115 · FAX 409/983-8291 City Council Meeting City Hall Council Chamber City Of Port Arthur December 7, 2004 8:30AM I. ROLL CALL~ INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tern Beard Councilmember Hannah Councilmember Barker Councilmember Henderson Councilmember Flood Councilmember Thompson Councilmember Prince Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow PROCLAMATIONS & MINUTES None III. PETITIONS &COMMUNICATIONS A. Speakers (1) Patty OItremad And Doris Gill Regarding The 2004 - 2005 Winter Odessy (2) Barbara Mullroy Regarding Reception For Sempra Energy (3) Faith Sauerwein Regarding The Texas Artist Museum (4) Willie Lewis Regarding The City Council Residency Requirements B. Correspondence - None IV. PUBLIC HEARINGS - 9:00AM None AGENDA December 7, 2004 V. UNFINISHED BUS[NESS None VI. CONSENT AGENDA NOTICE TO THE PUBLIC: The Following Items Are Of A Routine Or Administrative Nature. The Council Has Been Furnished With Background And Support Material On Each Item, And/Or It Has Been Discussed At A Previous Meeting. All Items Will Be Acted Upon By One Vote Without Being Discussed Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Authorize Payment Of $8,404.95 To Texas Commission On Environmental Quality For The Annual Water System Fee B. Invoice For The 2004 Tax Year Collection Fee C. Rejection Of Bids For The Re-roofing Of The Main VVVVTP Administration Building, Utility Operations Department, Wastewater Treatment Division D. Award Of Bid For Automatic Ammoniators For The Utility Operations Department, Water Purification Plant E. Accept Bid For Refurbishing Of Commercial Refuse Containers F. Purchase Of Copier For City Secretary Office G. Authorization To Purchase A/S 400 Upgrade, Imaging Software And Replacement Server In The Total Amount Of $236,938 H. Award Of Bid For A GPS Data Mapping System For The Utility Operations Department, Administration Division AGENDA December 7, 2004 VT. CONSENT AGENDA - CONTI~NUED I. Expense Accounts: Councilmember Felix Barker: Attend Entergy Team City Conference, Montgomery, Tx. November 4, 2004 $ 575.84 City Attorney Mark Sokolow: Attend Brownfields Project Meeting In Austin, Tx. November 8, 2004 $ 295.81 Resolutions - Consent (1) P.R. No. 12928 - A Resolution Authorizing The Mayor And City Manager To Execute Change Orders 03, 04, And 05, Increasing The Contract Amount By $3,084.88 To A New Contract Amount Of $286,282.03 For The Contract Dated May 12, 2004 Between The City Of Port Arthur And Mc-O Construction Of Beaumont, Texas For Construction Of The Boardwalk Elevator Tower (2) P.R. No. 12929 - A Resolution Authorizing The Execution Of A Letter Of Agreement Between The City Of Port Arthur And The Alcohol And Drug Abuse Council Of Deep East Texas (3) P.R. No. 12931 - A Resolution Authorizing The Advertisement For Sale Of The Property Located At 401 Procter Street (4) P.R. No. 12932 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts (5) P.R. No. 12933 - A Resolution Authorizing The City Manager To Reject The Bid Of Leon Petty Insurance Agency, Re-Advertise For Bids, And To Preliminarily Bind The City Of Port Arthur For The Health Department Liability Insurance Coverage (6) P.R. No. 12937 - A Resolution Authorizing The Purchase Of Ten (10) Daimlerchrysler SLF 232P Low Floor Transit Buses For A Total Amount Of $ 296,195 AGENDA December 7, 2004 V[. CONSENT AGENDA - CONTINUED (7) P.R. No. 12938 - A Resolution Authorizing The Installation Of A Water Service Line Across Hughen Park For The Purpose Of Serving A Residence At 2735 Lakeshore Drive And Abandoning The Private Line In This Location (8) P.R. No. 12940 - A Resolution Authorizing The City Manager To Execute A Three Year Agreement With SCS Engineers Of Bedford, Texas To Provide Groundwater Monitoring Services At The City's Sanitary Landfill, MSW Permit No. 1815, In The City Of Port Arthur, Texas, l~n The Amounts Of $22,800 For 2005, $23,600 For 2006, And $24,400 For 2007. Funds Are Available In The Public Works- Solid Waste Division FY 2005 Budget Account No. 403-1274- 533.54-00 And In Other Solid Waste Division Accounts In Which Balances Exist VI~?. ITEMS RE(~UIRING INDIVIDUAL ACTI'ON - NON-CONSENT A. Resolutions (1) P.R. No. 12930 - A Resolution Rescheduling The December 21, 2004 Regular Council Meeting (2) P.R. No. 12934 - A Resolution Authorizing The Chief Of Police To Issue A Wrecker Business Permit To .lesus Figueroa DBA Fred's Wrecker Service Located At 2640 Gulfway Drive Port Arthur, Tx (3) P.R. No. 12939 - A Resolution Appointing A Member Or Members To The Construction Board Of Adjustments And Appeals (4) P.R. No. 12941 - A Resolution Appointing A Member To The Citizen's Pipeline Advisory Committee (Requested By Mayor Pro Tern) (5) P.R, No, ~.2942 - A Resolution As It Pertains To The ECO Water Project AGENDA December 7, 2004 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (6) P.R. No. 12943 - A Resolution As It Pertains To Retaining Chica & Associates To Prepare Engineering Plans For The "Safe Routes To School" Program (Requested By The City Manager) (7) P.R. No. 12944 - A Resolution As It Pertains To The Board Of Directors Of The City Of Port Arthur Section 4A Economic Development Corporation And Position 1 (Requested By Mayor Pro Tern Beard And Mayor Ortiz) B. Ordinances (1) P.O. 5471 - An Ordinance Accepting The Entrance Way To The Palms Golf Course As A City Street (2) P.O. 5475 - An Ordinance Authorizing The Transfer Of One 1996 Chevrolet/Chapion Para-Transit Van To The City Of Port Neches C. *Reports And Recommendations (1) Auditor's Interim Progress Report (2) October Financial Report *The City Council Can Act On Any Of The Above Reports And Recommendations As To Accept The Report/Recommendation Or To Request Additional Information And Records. VIII. REPORTS OF BOARDS & COMMI'I-rEES - None IX. *CLOSED MEETING (EXECUTIVE SESSION) In Order To Comply With The Requirements Of Section 551.101 Of Chapter 551 (Open Meetings Law) Of The Texas Government Code [Formerly Article 6252-17, Section 2(a)], Prior To Going Into Closed Meeting The Presiding Officer Of The City Should Make The Following Public Announcement: AGENDA December 7, 2004 l~X. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED "A Closed Meeting Or Executive Session Will Now Be Held Pursuant To The Following Sections Of Chapter 551 Texas Government Code": Section 551.071 - Litigation And/Or Legal Advice Section 551.072 - Land Section 551.073 - Negotiated Contracts For Prospective Gifts To The City Section 551.074- Personnel Section 551.076 - Security Personnel Or Devices Section 551.087 - Deliberations Regarding Economic Development Incentives Closed Meetinq: (1) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As It Pertains To Pending Litigation With Gerald Hatch (2) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation Against EDC Consultants & Grantees (3) Section 551.072 Government Code - To Discuss The Value Of Land On The West Side (4) Section 551.072 Government Code - To Discuss The Value Of Land At The Business Park On Spur 93 (5) Section 551.076 Government Code - To Discuss Security Personnel Or Devices As To Prevent Crime (6) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And Industrial Business Prospects (7) Section 551.074 Government Code - To Discuss The Duties And Responsibilities Of The City Attorney As To The City And Its Component Units *The Items In Executive Session May Be Discussed And Acted On In Open Session AGENDA December 7, 2004 X. FUTURE AGENDA :[TEMS OR REQUESTED REPORTS Items For Future Agenda Consideration Or Reports From Staff May Be Requested But No Discussion Of Any Item Or Request Shall Take Place. XI. AD.1OURNMENT OF MEETING RUL-=S OF DECORUH - ?5:R$ON$ ADDR~:5$7.]~iG COU?JCZL ~ AUDZ~tC~ ,?ac;~flJt~on ~y Pre~/di~ G~c~r. Ho person shail address the C;u~c~i without fi~t beJng rec~ni:ed by the Presiding ~e~k.;n~ Procedure; L]mi~t~on on discussion and questioning. Each pe~on addressing the Council shall step up to the microphone ~rovided for the use of the public and give his :ame and adorers in an audible tone of vcic~ for the reccrds, state that subje~ he'wishes to discus, s~te whom he is representing ]f he represen~ an organization or other pemcn, and unless fu~her time is grantee by majcrit/vote cf the Ccundl~ shail limit his remad(s to ~ve'(5) minutes. Ail remarks shah be addressed to she C.;unc~I as a whcie and not to any member thereof. No pemcn other than membem af :he Council and the person having the floor shall be pertained to enter into any discussJcn, whether dire~F/ cr through a member af the C~unc[I, without the permission cf the PresJding O~cer. Z,~r~Fer Raferenc~. D/scr~rL'/ C~nd=~ ~:/ Person 4ddre5s/nE T;~e C;unc/~ Any ~erson making, ex=rossi,/cr impiiedly, pemonai, impem[nent, sianderaus, derogaton/, discou~eous, snide, cr profane remad~ cr who wHlfuiiy u~em laud, threatening or abusJ'~e language, cr e~gages, in ami discrded't c:ndu~ which would ~mgede, disrupt, ar d~sturb the orderFF csndu~, the order b'f the PresJding Cffqc~r, ~nd if such ccndum Coundi during that }leet~ng. 4. 4d~7~ssz5 A,ffer ,~cc;cn ,V~de or Pub//c Eezr/~g ~'cse~. A~r a mct~cn has ~een made ar a pubtic herring has been dosed, no member cf the public shail adorers the Ccundi fram the aucience cn ;he ma~er under c:nsJderat~on withcut flint recur:ag ~ermiss[cn tc da so b'/ma~cr[~/vat~ of the Clt/Ccun~H. C~mpai~n Eceec~e~ Pr~bi~ited. ~lo persons will be ailawed tc~r~_= ~,e C.b/ C.undi by making c~m~ai~n s;eeches for cr against any cnnd]date who has anncu=c~d cr does announce htr ~n~ent~cn to run, cr ~ssue already ordered on a ballot far e~e~cn. 5. ~/5crder;y C~ndu~. No person in the audienc~ shail engage in discrderh/ ccndu~ such as hand cJapcing, s=mping cf feet, whistling, using profane language, ,/oiling, nnd s!miiar demcnstrndcns, which ccndum c~sturbs the pe~ce ~nd good order cf the meeting. 7. Z.;m/~t/on~ on Use cF E~tqc/e.~e~/Z.;E~E. Limitations on use cf suppiemen::~ :Jgndng far =~e'/is~cn and maclan pi~ure c;merns to cre3te ~he ~eas= amcun~ cf ]n:efference with cr d~s=ur~anc~ cf Ccundi prcceeci~gs and/or discemfo~ to the pubtic. Peraons Havin~ Ccmp/a/n~, 4/le~adcn~, or C;~a~-e~ 4~ain~ L:c?'v/~ua/ ~/ Z~ioyee~. FIc ;e~on shah mak~ any complaint, specific ailegaticn, er charge against an in~ivicual C]t/ Em;ia,!ee by name ~n ~ public unle~ he ~t shows that :~e has pumued apFrcpr]ate administrative csanneJs. ~NFORC~)12NT OF DECORUN Warn/nD. Ail 2e~ons shall at the request of the Presiding Officer, ~e silent. ' Removal ~, after receiving a warning fram the Presiding C~ic~r, s ;e~cn ;e~is~ in ~s:urbing t~e meednS, suc~ C~c~r may order him to remove himseJf from the meeting. Z[ he dces nc~ ;emave himself, the Presici~g Officer order the 5erDe~nt-atOarms to remove him. ,~as/5~inE ~emoval. A~,I pe~cn who resis~ removal by the Eergeant-at-~r~s shall be cflar~ed with '4ciat]ng Penal Code 42.05. ,~ot/ofl~ To E~fo~ce, Any Counc[Imem~er may mcve to requir~ the Presiding Cffic2r to e~fcrc~ t~Js d~vis~cn~ ant the ~rmadve vcte of a majcd=/of the Ccundl shall require him to dc sc. RULE3 OF PROCEDURE The ClX/ 5ec;e~/ shall make public, in accordance with the Texas O9en >~eedngs Law, an a~enda containing ail busine~ to be discus~d at a meeting of ~he C~/C3unc~l. Pe.~fls Re~ue~/fl~ To Ee Heard On 4~enda Z~ams (~) Resident. An~ resident who wishes to address the C~unc~i on any maker ma~ do so by noticing the C~/ Secret~P/ in accordance with the Tex~s Open Meetings Law. ~lonre$~den~. Any ncnresJden[ wishing to address the Coundl s~aJl mct~/the C:~/Secretavf and s;ec~ his [n=erest ~n the ma~2r ~e~ng considered. T;qe C~I Eecretmml shaiI sr~sent s:c~ request t: the ~s~d~ng C~c2r for 3ccrcv~i ~iac~ng t~e name on the A~emda. Saeci~Tc Jce.qda Zb~.m~ A~er ~ mcdcn, second and 3isc:~3Jcn by 1~e C;~/ C;uncH em amy ~pec~fic a~enca ~tem, ant before a vote [s t~kem, the ~res~ding C~c~r shall reccgni:~ any pe~cn in the audiemce w[s~ing to addr~s~ t~e ccundi cm suc~ ~t~m, who shail be pertained t~ ad~res~ the Counc~] ~herecn fcra ~edcd cf :hr~e (~) minut~. "Specific .~en~a Ztems' ar~ de,ned as any item scedfied on the ~cdce cf ~eet~ng ;cs=ed for ~ur~cses cf the Te~35 CFen Meetings Law and whic~ beccm,~s t~e sub~e~ cf ~ motion before the