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HomeMy WebLinkAboutJANUARY 04, 2005REGULAR MEETING - 3anuary 4, 2005 I. ROLL CALL, INVOCATION & PLEDGE The City Council of the City of Port Arthur met in Regular Session on Tuesday, .1anuary 5, 2005 at 8:43 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Ortiz; Mayor Pro Tern .1ohn Beard, Jr.; Councilmembers Craig Hannah, Felix A. Barker, Thomas .1. Henderson, Martin Flood, Deloris "Bobble" Prince and Hichael "Shane" Sinegal; City Manager Steve Fitzgibbons; City Secretary Evangeline "Van" Green and Assistant City Attorney Valencia "Val" Tizeno. The invocation was given by Councilmember Martin Flood and followed by the pledge to the flag. II. PROCLAMATIONS &MINUTES Minutes: December 07, 2004 Regular Meeting Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and carried unanimously, the City Council approved the above-mentioned minutes. December 14, 2004 Regular Meeting Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal and carried unanimously, the City Council approved the above-mentioned minutes. December 14, 2004 3oint/Special Meeting Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and carried unanimously, the City Council approved the above-mentioned minutes. III. PETITIONS & COMMUNICATIONS A. Soeakers (1) Betty Kiel Regarding Raising Funds For The Local Boy Scouts Chapter Mrs. Betty Kiel, 1401 5th Avenue, appeared before the City Council and spoke regarding bringing the Boy Scouts back to Port Arthur and asked for assistance and financial support in this endeavor. Mayor Pro Tern Beard suggested that an announcement regarding the Boy Scouts .1amboree be placed on the Government Channel. Scott Waldrep, Boy Scouts of America District Executive for the Buffalo Region, 711 Ridgewood Dr., Apt. 10-B, Port Neches, Texas, appeared before the City Council and conveyed goals for future programs planned for the growth of Boys Scouts in this area. {2) Waymon Hallmark Regarding Sub-Courthouse Operations Mr. Waymon Hallmark, 6038 Moonstone, County Commissioner for Precinct 3, appeared before the City Council and spoke regarding his inability to change the decision made by County Clerk Carolyn Guidry to change the days of operation at the Sub-Courthouse. Mr. Hallmark suggested that concerns be conveyed to the County Clerk through telephone calls, correspondence and other means. B. ~orresoondence None IV. PUBLIC HEARINGS- 9:00AM To Consider Rezoning Lot 11 Peek And Lot 23 Peek On The East Side Of Wilson Avenue North Of Hall Street For Two Family Residential (2F) To [ndustrial (I). Applicant: Jesus Figueroa; Zoning Case: Z04-10. The Mayor introduced the above-mentioned public hearing at 9:28 a.m. Senior Planner Paul Brown appeared before the City Council and gave an overview of the proposed rezoning area and stated that of the 19 notices sent out, 4 were returned against the proposed changed. The Planning and Zoning Commission recommended that this request be denied. Mr. Jesus Figueroa, 4033 Procter Avenue, appeared before the City Council to answer inquiries regarding the proposed rezoning and commented on his proposal to locate an auto salvage yard at the above-mentioned location. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned rezoning. No one came forward. Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal and carried unanimously, the City Council closed the Public Hearing at 9:40 a.m. (2) To Consider Rezoning Lot 13, Block 4, C H Cox Addition, From Single Family Residential (SF) To Light Commercial (LC). Applicant: Edith Darlene Daniels; Zoning Case: Z04-11 The Mayor introduced the above-mentioned public hearing at 9:40 a.m. Senior Planner Paul Brown appeared before the Council and gave an overview of the proposed rezoning and stated that the Planning and Zoning Commission recommended denial of this request. They felt the proposed use would not be appropriate for the area and that the rezoning could be considered "spot" zoning. Ms. Edith Daniels, Applicant, 6124 Ray Avenue, appeared before the City Council to discuss proposed plans to sell antiques from the above-mentioned ocation. The City Secretary read the following letter received from Marieann Lee for the record: Dear 15, 2004 Dear Miss Green, I don't want this planning/zoning. Because it will make our taxes to go up. /s/Marieann Lee Councilmember Ronnie Thompson arrived at the meeting at 9:50 a.m. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned rezoning. The following citizens appeared in opposition of the proposed rezoning: Mr. Leon Keithly, 2324 Norma, Port Arthur Mr. Carl Wyatt, 2316 Norma, Port Arthur Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal, and carried unanimously, the City Council closed the Public Hearing at 9:59 a.m. (3) To Review Plans For The Proposed Dis-Annexation And Release Of Extraterritorial Jurisdiction Of The Properties City Council Minutes January 4, 2005 2 Being The Municipal Corporation Boundary For Taylor's Landing. The Mayor introduced the above-mentioned public hearing at 9:59 a.m. Senior Planner Paul Brown appeared before the Council and gave an overview of the proposed dis-annexation of Taylor's Landing. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the proposed dis-annexation of Taylor's Landing. Dr. Ronald Amuny, 100 Bayou Drive, Beaumont, Texas, appeared before the City Council and stated that he wants Taylor's Landing to be able to incorporate in order for residents to be able to govern themselves and to be given an opportunity to hold an election. Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal and carried unanimously, the City Council closed the Public Hearing at 10:15 a.m. V. UNFINISHED BUSINESS P. R. No. Z2956 A Resolution As It Pertains To Approving The Goals And Objectives Of The City Of Port Arthur Section 4A Economic Development Corporation. The above-mentioned item was held until after Executive Session. The City Council recessed their meeting at 10:16 a.m. and reconvened at 10:33 a.m. with the following members present: Mayor Ortiz; Mayor Pro Tem Beard; Councilmembers Hannah, Barker, Henderson, Flood, Thompson, Prince and Sinegal; City Manager Fitzgibbons; City Secretary G teen and City Attorney Sokolow. VT. CONSENT AGENDA Upon the motion of Councilmember Barker, seconded by Councilmember Henderson and carried unanimously, the following Consent Agenda items were adopted with the exception of Proposed Resolutions No.'s 128,52, 12970, 12972, 12974 and 12977: Consideration And Approval For The Purchase And Tnstallation Of An ICALL/ITAC Radio Repeater System From Motorola, ][nc., Of Dallas, Texas With HGAC Pricing In The Amount Of $14,536.83 And Kay Electronics Of Port Arthur, Texas ][n The Amount Of $8,706.32 For The Fire Department. Consideration And Approval For The Purchase Of A Ztron Radio Console From Kay Electronics Of Port Arthur, Texas In The Amount Of $15,185 For The Police Department. Consideration And Approval Of Awarding A Bid For The Rehabilitation Of A Sanitary Sewer Manhole/Junction Box At The Intersection Of Vicksburg Avenue And 5th Street To Standard Cement Materials, [nc., Tn The Amount Of $8,500 For The Utility Operations Department (Wastewater Conveyance Division). Consideration And Approval Of Awarding A Bid For One Submersible Non-Clog Sewage Pump To Delta Process Equipment, [nc. In The Amount Of $6,647.34 For The Utility Operations Department (Wastewater Conveyance Division). Consideration And Approval Of Awarding A Bid For Carpentry And Plumbing Work For The El Vista Community Center To Louis Johnson City Council Minutes January 4, 2005 3 Remodeling And Roofing Of Port Arthur, Texas In An Amount Not To Exceed $11,000. F. Expense Accounts: Councilmember Thomas 3. Henderson: Attend Texas Municipal League Conference, Corpus Christi, TX October 27 - 30, 2004 802.85 Councilmember Felix A. Barker: Attend National League Of Cities Conference, Indianapolis, IN Novem her 29, 2004 - December 5, 2004 $2,334.33 Resolutions - Consent (4) P. P,. No. 12973 - A Resolution Authorizing The American Italian Club To Relocate Their "Immigrants Wall Of Honor" To The Grounds Of Port Arthur Public Library. Proposed Resolution No. 12973 was adopted becoming Resolution No. 05-001. (6) P. R. No. 12975 - A Resolution Approving An Amendment To The Contract Between The City Of Port Arthur And The Department Of State Health Services For Attachment 01C, Immunization Division, To Increase Financial Assistance By $51,413, As Shown By Contract Change Notice No. 07. Proposed Resolution No. 12975 was adopted becoming Resolution No. 05-002. (7) P. R. No. 12976 - A Resolution Authorizing The Second Year Of The Existing Janitorial Services For The Health Department Contract Approved On November 11, 2003, With HcEImore Building Maintenance, Inc. Of Houston, Texas For An Amount Of $19,680 For The Current Year, Account No. 001-1301-541.32-00. Proposed Resolution No. 12976 was adopted becoming Resolution No. 05-003. (9) P. R. No. 12978 - A Resolution Appointing Dr. William D. George As The Health Authority For The City Of Port Arthur Pursuant To Section 121.023 Of The Health And Safety Code. Proposed Resolution No. 12878 was adopted becoming Resolution No. 05-004. (10) P. R. No. 12979 - A Resolution Authorizing The Execution Of A Contract [n The Amount Of $44,695 Between Savannah Housing Corporation And The City Of Port Arthur For A First Time Homebuyer Program. Proposed Resolution No. 12979 was adopted becoming Resolution No. 05-005. (11) P. R. No. 12980 - A Resolution Authorizing The City Manager To Execute An Agreement With SCS Engineers Of Bedford, Texas To Provide Tier 2 Sampling, Analysis, And Reporting For The City's Municipal LandfilL, MSW Permit No. 1815, [n The City Of Port Arthur, Texas, In The Amount Of $19,800. Funds Are Available In The Public Works - Solid Waste Division FY2005 Budget Account No. 403-1274- 533.54-O0. Proposed Resolution No. 12980 was adopted becoming Resolution No. 05-006. City Council Minutes ]anuary 4, 2005 4 (i2) P. R. No. 12981 - A Resolution Awarding A Contract To Greater Texas Environmental, Inc., In The Amount Of $9,600.00, And Authorizing The Execution Of A Contract For Asbestos Abatement And Demolition Of One (1) Dangerous Commercial Building Located At 1449 Houston Avenue, To Be Charged To Account No. 105-1431- 552.59-00, Project No. C30120. Proposed Resolution No. 12981 was adopted becoming Resolution No. 05-007. (13) P. R. No. 12982 - A Resolution Awarding A Contract To Greater Texas Environmenta, Inc. In The Amount Of $8,500.00, And Authorizing The Execution Of A Contract For Asbestos Abatement And Demolition Of One (1) Dangerous Commercia Building Located At 500 East 7tn Street, To Be Charged To Account No. 105-1431- 552.59-00, Project No. C30120. Proposed Resolution No. 12982 was adopted becoming Resolution No. 05-008. (14) P. R. No. 12983 - A Resolution Awarding A Contract To Greater Texas Environmental, Inc. In The Amount Of $8,500.00, And Authorizing The Execution Of A Contract For Asbestos Abatement And Demolition Of One (1) Dangerous Commercial Building Located At 920-930 East 7m Street, To Be Charged To Account No. 105-1431- 552.59-00, Project No. C30120. Proposed Resolution No. 12983 was adopted becoming Resolution No. 05-009. (15) P. R. No. 12984 - A Resolution Awarding A Contract To Inland Environments, LTD In The Amount Of $14,880.00, AncJ Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of One (1) Dangerous Commercial Building Located At 417 Procter Street, To Be Charged To Account No. 105-1431-552.59- 00, Project No. C30120. Proposed Resolution No. 12984 was adopted becoming Resolution No. 05-010. (16) P. R. No. 12985 - A Resolution Awarding A Contract To Inland Environments, LTD In The Amount Of $8,460.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of One (1) Dangerous Commercial Building Located At 1120 West 7m Street, To Be Charged To Account No. 105-1431- 552.59-00, Project No. C30120. Proposed Resolution No. 12985 was adopted becoming Resolution No. 05-011. VZX. ITEMS REQUII~NG ZNDXVTDUAL ACTZON Resolution - Consent (1) P. R. No. 12852 - A Resolution Authorizing The Mayor And City Manager To Execute A Contract Between The City Of Port Arthur And Amerimark Industries, inc. Of Houston, Texas For Replacement Of The Health Department Roof; in The Amount Of $338,511, Funds Being Available in CLP170, Account No. 301-1601-591.82-00. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 12852 be adopted. City Council Minutes January 4, 2005 5 Assistant Public Works Director Ross Blackketter appeared before the Council and gave an overview of the complete roof replacement plan that will carry a 20-year warranty and will be designed with the proper drainage. The City Attorney stated that the contract includes performance bonds and covers iob completion with a one-year warranty on workmanship. Proposed Resolution No. 12852 was adopted becoming Resolution No. 05-012. Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmembers Hannah, Barker, Henderson, Flood, Thompson, Prince and $inegal. Voting No: None. The caption of Resolution No. 05-012 reads as follows: RESOLUTtON NO, 05-012 A RESOLUTION AUTHORLZING THE MAYOR AND CTTY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND AMERltMARK INDUSTRIES, INC. OF HOUSTON, TEXAS FOR REPLACEMENT OF THE HEALTH DEPARTMENT ROOF; IN THE AMOUNT OF $338,511~ FUNDS BETNG AVAILABLE TN CIP170, ACCOUNT NO. 301-1601-591.82-00. (2) P. R. No. 12970 - A Resolution Authorizing The Mayor And City Manager To Execute A Contract For Professional Services Between The City Of Port Arthur And Chica & Associates, Tnc. Of Beaumont, Texas To Provide Engineering Design Services For The Safe Routes To Schools Project; Said Contract Not To Exceed An Amount Of $50,000, Funds Being Available in Public Works Engineering Account Number 001- 1202-531.53-00. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmemper Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 12970 be adopted. Councilmember Henderson stated his opposition to the above-mentioned Proposed Resolution. Proposed Resolution No. 12970 was adopted over the dissenting vote of Councilmember Henderson, becoming Resolution No. 05-013. Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah, Barker, Flood, Thompson, Prince and Sinegal. Voting No: Councilmember Henderson. The caption of Resolution No. 05-013 reads as follows: RESOLU'r~ON NO. 05-013 A RESOLUTION AUTHORiZiNG THE MAYOR AND CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CiTY OF PORT ARTHUR AND CHICA & ASSOCTATES~ TNC. OF BEAUMONT, TEXAS TO PROVIDE ENG/NEERING DESIGN SERVICES FOR THE SAFE City Council Minutes January 4, 2005 6 ROUTES TO SCHOOLS PRO3ECT; SATD CONTRACT NOT TO EXCEED AN AMOUNT OF $50,000, FUNDS BEt'NG AVATLABLE TN PUBLTC WORKS ENGt'NEEP./NG ACCOUNT NUMBER 001- 1202-531.53-00. (3) P. R. No. 12972 - A Resolution Authorizing The Execution Of A Community Development Block Grant Contract :in The Amount Of $30,700.00 Between The Port Arthur Community Retirement Home, Znc., And Lange Brothers, Inc. To Complete The Construction Of Two New Bathrooms. Port Arthur Community Retirement Home, :Inc. Will Be Responsible For Any Payment That Exceeds $30,700. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember $inegal that Proposed Resolution No. 12972 be adopted. The City Manager gave an overview of the proposed CDBG funding and the option to amend the budget and allocate more monies to the project. Proposed Resolution No. 12972 was adopted becoming Resolution No. 05-014. Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmembers Hannah, Barker, Henderson, Flood, Thompson, Prince and Sinegal. Voting No: None. The caption of Resolution No. 05-014 reads as follows: RESOLUTION NO. 05-014 A Resolution Authorizing The Execution Of A Community Development Block Grant Contract In The Amount Of $30,700.00 Between The Port Arthur Community Retirement Home, Inc., And Lange Brothers, :inc. To Complete The Construction Of Two New Bathrooms. Port Arthur Community Retirement Home, Inc. Will Be Responsible For Any Payment That Exceeds $30,700. (s) P. R. No. 12974 - A Resolution Authorizing The City Manager To Execute A Three Year Agreement With T&N Laboratories & Engineering Of Beaumont, Texas To Provide Methane Gas Monitoring Services At The City's Municipal Landfill, MSW Permit No. 1815, In The City Of Port Arthur, Texas In The Amount Of $2,400 Per Year For A Total Of $7,200. Funds Are Available In The Public Works - Solid Waste Division FY2005 Budget Account No. 403-1274-533.54.00 Each Subsequent Year Will Be Budgeted For In That Year's Budget. The Mayor introduced the above-mentioned Proposed Resolution. Assistant City Attorney Valencia Tizeno recommended the following amendment: The portion of the agreement that will cover a three-year period will be changed to reflect the coverage to be a two-year period; Article 15, Section 5. City Council Minutes 3anuary 4, 2005 ? The motion was made by Councilmember Flood and seconded by Councilmember $inegal that Proposed Resolution No. 12974 be adopted. Councilmember Flood and Sinegal withdrew their motion and second to adopt Proposed Resolution No. 12974. Upon the motion of Councilmember Barker, seconded by Councilmember Flood and carried unanimously, Proposed Resolution No. 12974 was tabled. (8) P. R. No. :~2977 - A Resolution Authorizing The Mayor And City Manager To Execute Change Orders 06 And 07, Tncreasing The Contract Amount By $3,:L59.14 To A New Contract Amount Of $289,441.17 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, Funds Being Available Tn CTP301, 303-1603-591.89-00. IVlayor Ortiz recused himself from any discussion or action regarding the above- mentioned Proposed Resolution and filed an Affidavit with the City Secretary's Office. Mayor Pro Tern Beard introduced the above-mentioned Proposea Resolution. The motion was made by Councilmember Thompson and seconded by Councilmember Flood that Proposed Resolution No. 12977 be adopted. Assistant Public Works Director Ross Blackketter appeared before the Council and summarized the modifications to the elevator tower project. Proposed Resolution No. 12977 was adopted becoming Resolution No. 05-015. Voting Yes: ivlayor Pro Tem Beard; Councilmembers Hannah, Barker, Henderson, Flood, Thompson, Prince and Sinegal. Voting No: None. The caption of Resolution No. 05-0:[5 reads as follows: RESOLUTTON NO. 05-015 A RESOLUTTON AUTHORTZTNG THE MAYOR AND CTTY MANAGER TO EXECUTE CHANGE ORDERS 06 AND 07, TNCREASTNG THE CONTRACT AMOUNT BY $3,159.14 TO A NEW CONTRACT AMOUNT OF $289,441.17 FOR THE CONTRACT DATED MAY 12, 2004 BETWEEN THE CTTY OF PORT ARTHUR AND MC-O CONSTRUCTION OF BEAUMONT, TEXAS FOR CONSTRUCTTON OF THE BOARDWALK ELEVATOR TOWER~ FUNDS BETNG AVALLABLE TN CTP30:L, 303-1603-591.89-00. *CLOSED MEETTNG (EXECUTTVE SESSION) Closed Meetina: (1) Section 551.071 Government Code - To Discuss With The City Attorney Procedures As To Avoid Litigation As To The Processes, Procedures, And Personnel Tssues Of The Economic Development Corporation, As Well As To Discuss Potential Litigation Against EDC Consultants And Grantees. Cib/Council Minutes January 4, 2005 8 (2) Section 551.071 Government Code - To Discuss With The City Attorney Pending Or Prospective Litigation As Xt Pertains To Companies That Have Contractually Agreed To Build Homes For The City. (3) Section 551.087 Government Code - To Discuss Xncentives For Commercial, Residential, And Zndustrial Business Prospects. (4) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As Xt Pertains To The Port Arthur Police Department. (5) Section 551.072 Government Code - To Discuss The Value Of Property On The West Side. The City Council recessed their meeting at 11:10 a.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 12:16 p.m. with the following members present: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah, Henderson, Flood, Thompson and Prince and City Secretary Green. The City Council recessed their meeting at 12:17 p.m. and reconvened at 1:49 p.m. with the following members present Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah, Barker, Henderson, Flood, Thompson, Prince and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. VTI. ITEMS REqUIRiNG INDIVIDUAL ACTTON - NON-CONSENT A. Resolutions P. R. No. 12987 - A Resolution Approving An Tnvoice Or Tnvoices Of The City Of Port Arthur Section 4A Economic Development Corporation. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 12987 be adopted. EDC Executive Director Ike Mills and EDC Administrative Secretary Bobble Mitchell appeared before the Council and discussed the credit card balance of $637.64 as being the full outstanding balance. Proposed Resolution No. 12987 was adopted over the dissenting vote of Councilmembers Prince and Sinegal, becoming F~esolution No. 05-016. Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah, Barker, Henderson, Flood and Thompson. Voting No: Councilmembers Prince and Sinegal. The caption of Resolution No. 05-016 reads as follows: RESOLUTLON NO. 05-016 A RESOLUTION APPROVING AN XNVOXCE OR XNVOI'CES OF THE CITY OF PORT ARTHUR SECTTON 4A ECONOMIC DEVELOPMENT CORPORATXON. City Council Minutes January 4, 2005 9 B. Ordinances (1) P.O. 5479 - An Appropriation Ordinance Amending The Budget Of The Port Arthur Economic Development Corporation For The Fiscal Year Beginning October 1, 2004 And Ending September 30, 2005 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. 5479 be adopted. Finance Director Rebecca Underhill appeared before the City Council and explained that over the course of the last four or five years, the EDC has set aside one million dollars in a Westside Development Reserve Fund. She further explained that this budget amendment moves the money into an appropriated project for the Westside Industrial Park and that the money can be utilized out of that reserve to acquire the property and pay the other costs associated with the new Westside Industrial Park. EDC Director Ike Mills appeared before the City Council and stated that the board at the next scheduled EDC meeting will reconsider this matter. The City Manager reiterated that there are no plans to revisit the above-mentioned budget amendment that was voted on by both the EDC Board of Directors and the City Council. The Mayor expressed his commitment to Westside Development and the Mayor Pro Tem stressed that there is no need for reconsideration or reexamination of the budget amendment but a need to move forward with the planned projects for Westside Development. Councilmember Hannah left his seat at 2:22 p.m. and returned at 2:28 p.m. Councilmember Prince left her seat at 2:25 p.m. and returned at 2:35 p.m. and was not seated during the vote. Councilmember Sinegal left his seat at 2:28 p.m. and returned at 3:00 p.m. The City Attorney requested he be notified as to which board member(s) wanted to reconsider the above-mentioned matter. Proposed Ordinance No. 5479 was adopted becoming Ordinance No. 05-01. Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmembers Hannah, Barker, Henderson, Flood, Thompson and Sinegal. Voting No: None. The caption of Ordinance No. 05-01 reads as follows: ORDINANCE NO. 05-01 An Appropriation Ordinance Amending The Budget Of The Port Arthur Economic Development Corporation For The Fiscal Year Beginning October 1, 2004 And Ending September 30, 2005 (2) P. O. No. 5481 - An Ordinance As It Pertains To The Location Of Transformers And Adding Section 18-108 To The Code Of Ordinances And Providing For Publication. (Requested By Mayor Ortiz) The City Manager introduced the above-mentioned Proposed Ordinance. City Council I~linutes January 4, 2005 10 The motion was made by Councilmember Henderson and seconded by Councilmember Flood that Proposed Ordinance No. 5481 be adopted. Entergy Representative, Mr. Don Pumphrey, appeared before the City Council to answer questions regarding the transformers/locations within the city and to discuss the need for more flexibility in Entergy's placement of transformers. The City Attorney summarized the history of the Code regarding the placement of transformers resulting from complaints from developers. The Code of Ordinances in the Proposed Ordinance will be amended by the addition of Section 18-108 which states: "Electrical companies shall not require its residential customers to place transformers in their front yards at more than one transformer per three lots unless there is no other feasible location as to provide electrical service." Proposed Ordinance No. 5481 was adopted becoming Ordinance No. 05-02. Councilmember Sinegal was out-of-his-seat during the vote. Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmembers Hannah, Barker, Henderson, Flood, Thompson and Prince. Voting No: None. The caption of Ordinance No. 05-02 reads as follows: ORDINANCE NO. 05-02 AN ORDINANCE AS iT PERTAINS TO THE LOCATION OF TRANSFORMERS AND ADDING SECTION 18-108 TO THE CODE OF ORDINANCES AND PROViDiNG FOR PUBLICATTON. (RE(~UESTED BY MAYOR ORTiZ) (3) P.O. NO. 5482 - An Ordinance Allowing KCS Until February 15, 2005 To Execute, Deliver, And File Deed Restrictions As To Prohibit The Drilling Of Wells And The Use Of Groundwater At The KCS Property Located At The Port Arthur Drum Site. The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and carried, Proposed Ordinance No. 5482 was adopted becoming Ordinance No. 05-03. Councilmember Sinegal was out-of-his-seat during the vote. Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmembers Hannah, Barker, Henderson, Flood, Thompson and Prince. Voting No: None. The caption of Ordinance No. 05-03 reads as follows: ORDINANCE NO. 05-03 AN ORDINANCE ALLOWING KCS UNTIL FEBRUARY 15, 2005 TO EXECUTE, DELIVER~ AND FiLE DEED RESTRiCTiONS AS TO PROHiBiT THE DRiLLiNG OF WELLS AND THE USE OF GROUNDWATER AT THE KCS PROPERTY LOCATED AT THE PORT ARTHUR DRUI~I SITE. City Council Minutes .January 4, 2005 11 (4) P.O. No. 5483 - An Ordinance Authorizing The Sale Of Certain Surplus Property By The City Of Port Arthur. The City Hanager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Flood, seconded by Councilmember Thompson and carried, Proposed Ordinance No. 5483 was adopted becoming Ordinance No. 05-04. Councilmember Sinegal was out-of-his-seat during the vote. Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmembers Hannah, Barker, Henderson, Flood, Thompson and Prince. Voting No: None. The caption of Ordinance No. 05-04 reads as follows: ORDLNANCE NO. 05-04 AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN SURPLUS PROPERTY BY THE CITY OF PORT ARTHUR. C. *Reoorts And Recommendations (1) Report On 3efferson County Sub-Courthouse Operations The City Manager commented on the above-mentioned report that was covered during the discussion with Commissioner Hallmark. (2) November, 2004 Financial Statement Finance Director Rebecca Underhill presented the above-mentioned report. (3) Report On 2005 Community Development Block Grant Allocations The City Manager presented the above-mentioned report. Mayor Pro-Tern Beard requested a report that would include the past 5-to-10-year recipients and projections of entities that should and/or could be self-sufficient by this point in time. (4) Report On 2004 Convention & Visitor Bureau Iqarketing Summary Convention/Visitors' Bureau Executive Director Tammy Kotzur presented the above- mentioned report. VIII. REPORTS OF BOARDS & COMMII-rEES None IX. *CLOSED MEETING (EXECUTIVE SESSION) Closed Heetino: Section 551.071 Government Code - To Discuss With The City Attorney Procedures As To Avoid Litigation As To The Processes, Procedures, And Personnel Zssues Of The Economic Development Corporation, As Well As To Discuss Potential Litigation Against EDC Consultants And Grantees. City Council Minutes .]anuary 4, 2005 ]2 (2) Section 551.071 Government Code - To Discuss With The City Attorney Pending Or Prospective Litigation As It Pertains To Companies That Have Contractually Agreed To Build Homes For The City. (3) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And Industrial Business Prospects. (6) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To The Port Arthur Police Department. (7) Section 551.072 Government Code - To Discuss The Value Of Property On The West Side. The City Council recessed their meeting at 3:05 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 4:46 p.m. with the following members present: Mayor Or~iz; Mayor Pro Tern Beard; Councilmembers Hannah, Barker, Henderson, Thompson, Prince and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. Councilmember Flood did not return to the meeting. V. UNFINISHED BUSINESS P. R. No. 12956 - A Resolution As It Pertains To Approving The Goals And Objectives Of The City Of Port Arthur Section 4A Economic Development Corporation. The motion was made by Councilmember Henderson and seconded by Councilmember Thompson that Proposed Resolution No. 12956 be adopted. EDC Executive Director Ike Mills appeared before the Council and gave a summary of the future goals and objectives of the EDC and their desire to fulfill them. Proposed Resolution No. 12956 was adopted becoming Resolution No. 05-017. Voting Yes: Mayor OrUz; Mayor Pro Tem Beard; Councilmembers Hannah, Barker, Henderson, Thompson, Prince and Sinegal. Voting No: None. The caption of Resolution No. 05-017 reads as follows: RESOLUTION NO. 05-017 A RESOLUTION AS IT PERTAINS TO APPROVING THE GOALS AND OI~IECTIVES OF THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPM EHT CORPORATION. The City Attorney recommended the following motions during Executive Session: Notion I. Upon the motion of Councilmember Hannah, seconded by Mayor Pro Tem Beard and carried unanimously, the City Attorney was instructed to move forward with filing litigation against Bill Diamond and Diamond Consulting. City Council Minutes January 4, 2005 13 Motion The City Attorney read the following language for the proposed motion into the record: A motion for the City Attorney to send a demand letter to Training Research and Development that if they do not provide adequate documentation or reimburse the city as it pertains to expenses within forty- five days, litigation will ensue. Upon the motion of Mayor Pro Tem Beard, seconded by Councilmember Henderson and carried unanimously, the City Attorney was instructed to send a demand letter to Training Research and Development to provide documentation and/or reimbursement to the city as it pertains to expenses within forty-five days, or litigation will ensue. X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Councilmember Henderson: (2) Requested a representative of AIIco appear before the Council to explain why they are failing to do the street and easement restoration for the lines that are being laid throughout the city over the past eight or nine months. Requested a resolution on the next agenda to appoint a Downtown Restoration Committee that would include architects, economic development specialist, etc. Councilmember Henderson said that the committee should consist of carefully selected professional members that could give the Council some comprehensive plans for developing other areas in the City along with the Westside Development. Councilmember Sinegal: Requested that a possible partnership with Lamar State College Port Arthur be formed to encourage the creation of a student community downtown with dorms, activity centers and so forth to entice economic development in the form of restaurants and retail services. Mayor Pro Tem Beard: (2) (3) (4) (5) (6) Requested a letter be sent to all the area schools to recruit students for the Student in Government Day(s) to form a true diverse representation of the districts throughout the city. Requested a report on the Texas Gas leak that occurred over the holidays. Requested an updated report on the Alice Miller housing case and the time-line for getting those things corrected. Requested an initiative be implemented toward housing and redevelopment in the Port Acres and Montrose areas. Report on alternatives as it pertains to the dis-annexation of Taylor's Landing Report on upgrading the Downtown Pavilion Xl'. AD.1OURNMENT OF MEETI'NG Upon the motion of Councilmember Sinegal, seconded by Councilmember Prince and carried unanimously, the City Council adjourned their meeting at 5:06 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. City Council Minutes .lanuary 4, 2005 14 A~E~: MAYOR OSCAR G. ORT~'Z cTrY SECRETARY EVANGELINE GREEN END OF REGULAR MEETI'NG HELD 3anuary 4, 2005. APPROVED: City Council Minutes lanuary 4, 2005 15