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HomeMy WebLinkAboutMAY 28, 2002Ci~ of Texas AGENDA City Council Regular Meeting May 28, 2002 5:30 P.M. P.O. BOX 1089 · PORT ARTHUR, TEXAS 77641q089 · 409/9834115 · FAX 409/983-8291 CITY COUNCIL MEETING City Hall Council Chamber City Of Port Arthur May 28~ 2002 5:30PM II. ROLL CALL~ INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tem Henderson Councilmember Hannah Councilmember Barker Councilmember Gillam ITT Councilmember Linden Councilmember Bowers Councilmember Chaisson Councilmember Sinegal City Manager Fitzgibbons Acting City Secretary Stroder City Attorney Sokolow PROCLAMATIONS & MINUTES Minutes - Regular Meeting Held May :14, 2002 III, PETITIONS &COMMUNICATIONS A. Presentation To Centennial Queen - Mrs. Dorothy Ingram B. Speakers Harold Collins Regarding Collins Quality Construction And Changes Housing Rehabilitation (2) Gerald Buchanan, Director Port Arthur Main Street, Regarding Announcing The First Tall Ship Theater "Amara Zee" Coming To Port Arthur July 26 & 27, 2002. C. Correspondence None AGENDA CONSENT MAY 28, 2002 IV. PUBLIC HEARINGS - 7:00PM (1) To Consider The Proposed Abandonment Of That Portion Of The Old Canal Right-Of-Way That Lies West Of Garnet Avenue And South Of West 64th Street For A Distance Of ApproXimately 600 Feet. (2) To Consider And Review The Current Curfew Ordinance As To Whether Or Not To Continue, Modify Or Abolish It. UNFINISHED BUSINESS The Following Items Of Business Were Held From Previous Meetings At Which No Action Was Taken On These Items: Resolutions (1) P. R. No. 11684 A Resolution Ratifying And Confirming Appointments To The Board Of Directors Of The Port Arthur Housing Finance Corporation. (2) P. R. No. 11738 - A Resolution Appointing Members To The Citizen's Pipeline Advisory Committee. Ordinances P. O. No. 5227 - An Ordinance Prescribing Various Speed Limits On Highway 69 From The Ci.ty Limits North Of Aero Drive To Gulfway Drive (State Highway 87) In Accordance With Section 106-143 - Speed On State Highways Of Division 4 - Speed Of Chapter 106 Of The Code Of Ordinances; Providing A Penalty Not Exceeding Five Hundred ($500.00) Dollars For Its Violation; And Providing For Publication And Effective Immediately After Publication Date. AGENDA CONSENT MAY 28, 2002 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 Normai Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. Consideration And Approval To Accept Payment On An Account And Approving A Waiver Of Penalty And Interest In The Amount Of $27.13 Per The Request Of The Assessor-Collector Of Taxes For _Jefferson County. Consideration And Approval Of Awarding A Bid For The Purchase Of Forty-Three New Commercial Collection Containers To Wastequip - May Fab Of Beeville, Texas In The Amount Of $21,505. C. Approval Of Expense Accounts: Mayor Oscar G. Ortiz: Attend Grants/Projects Workshop, Washington, D.C. May 8-10, 2002 $660.07 City Attorney Hark T. Sokolow: Use Of Personal Au,to On City Business, Hay 1, 2002 $ 3.29 Attend Seminar In Houston, May 9, 2002 $309.51 City Manager Steve Fitzgibbons: Attend Grants/Projects Workshop, Washington, D.C. Hay 8-10, 2002 $702.60 AGENDA CONSENT MAY 28, 2002 VI. CONSENT AGENDA (CONTINUED) Resolutions - Consent P. R. No. 11731 - A Resolution Awarding Pager Service With State And Local Coverage To Metrocall Wireless Of Houston, Texas For An Estimated Amount Of $5,100 For The Current Year. (2) P. R. No. 11786 - A Resolution Authorizing The Execution Of Pipeline Permit 02-02 From The City Of Port Arthur To Buckeye Products Pipe Line, L.P., Of Houston, Texas To 'Install An Eight (8") Inch Crude Butadiene Pipeline Within The Corporate Limits Of The City Of Port Arthur In Orange County, Texas, And Crossing The Neches River Into Jefferson County, Texas Before Entering Into Fina Property. (3) P. R. No. 11787 - A Resolution Authorizing The Execution Of Pipeline Permit 02-01 From The City Of Port Arthur To Buckeye Gulf Coast Pipe Lines, L.P., Of Houston, Texas To Install An Eight (8") Inch Hydrogen Pipeline Within The Corporate Limits Of The City Of Port Arthur, .Jefferson County, Texas Located In The 60th Street And Chevron Pipeline Corridors. (4) P. R. No. 11788 - A Resolution Authorizing Reimbursement Of $74,319 To Jefferson County For Phase One Of The Pleasure Island Shoreline Stabilization. Project Account 303-1603-591.81-00; CIP 201. (5) P. R. No. 11789 -'A Resolution Authorizing The City Manager To Execute A Sales/Installation Agreement Between The City Of Port Arthur And Verizon Select Services, Inc., In The Amount Of $35,262.75 For Telecommunications And Data Equipment And Installation At The City's New Health Department Building At 441 Austin Avenue, Said Work To Have Been Done Under The City's Contract With SeTEX Construction Corporation. Funding Is Available In Account No. 301-1601-591.82-00; CIP 170. (6) P. R. No. 11792 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. 4 AGENDA CONSENT MAY 28, 2002 VI. CONSENT AGENDA (CONTINUED) (7) P. R. No. 11794 - A Resolution Approving The Award Of Contracts With Mark Ramour, D.B.A. Triangle Tree Service For Idousing New Construction Site Preparation Activities. (8) P. R. No. 11795 - A Resolution Authorizing Application To The U. S. Department Of _lustice For Funding Under The Weed And Seed Program. (9) P. R. No. 11796 - A Resolution Authorizing A Contract For The Services Of Gayle W. Botley & Associates, Certified Public Accountants, As fndependent Auditors For The City Of Port Arthur For The Year Ending September 30, 2002. AGENDA NON-CONSENT MAY 28, 2002 VII, ITEMS REQUIRING INDIVIDUAL ACTION A. Resolutions (i) P. R. No. 10279 - A Resolution Authorizing The Mayor And The City Manager To Sign Two Replats Of Reserve "F', Replat Of Marina Colony Subdivision, A Subdivision On Pleasure Island, On Behalf Of The City Of Port Arthur. (2) P. R. No. 11725 - A Resolution Authorizing The City Manager And The City Attorney To Purchase Lots 18 And 19~ Block 2, Schmyser 3, That Is Adjacent To West 7~h Street And To Execute The Necessary Closing Documents (Account No. 301-1601-591.81-00; CIP 909). (3) P. R. No. 11763 - A Resolution Authorizing The City Manager And The City Attorney To Enter Into A Settlement Of The Arrearage As ]Et Pertains To The Pro Metal Revolving Loan. (4) P. R. No. 11776 - A Resolution Appointing Advisory And Regular Directors To The Port Arthur Section 4A Economic Development Corporation. (si P. R. No. 11781 - A Resolution Authorizing The City Manager To Execute An Agreed Order With The Texas Natural Resource Conservation Commission ("The TNRCC") Resolving An Enforcement Action Against The City Of Port Arthur As It Pertains To A Petroleum Storage Tank Facility At The Transit Department (Account No. 401-1502-561.42.00). (6) P. R. No. 11782 - A Resolution Authorizing The City Manager To Seek Bids For The Cash Sale Of City Property Located At 3801 Lewis Drive. (7) P. R. No. 11783 - A Resolution Authorizing The City Manager And The City Attorney To Purchase Property Located At Lot 12 Of Block 1, Schmyser 3 (Account No. 301-1601-591.81-00; CIP 909). AGENDA NON-CONSENT MAY 28, 20O2 VII. ITEMS REQUIRING INDIVIDUAL ACTION (CONTINUED) (8) P. R. No. 11784 - A Resolution Rescinding Resolution No. 02-63 As It Pertains To The Cornerstone Recommendation On The Organization Of The Port Arthur Section 4A Economic Development Corporation. (9) P. R. No. 11785 - A Resolution Authorizing The Solicitation Of Proposals To Obtain An Independent Audit Of The Compliance By Grantees Who Have Received Economic Development Grants Or Loans From The Port Arthur Section 4A Ecohomic Development Corporation. (10) P.R. No. 11790 - A Resolution Appointing/Reappointing Members To The Pleasure Island Commission. B. Ordinances (i) P. O. No. 5257 - An Ordinance Continuing The _luvenile Curfew Ordinance As Delineated In Sections 62-101 To 62-106 Of The Code Of Ordinances Of The City Of Port Arthur. (2) P. O. No. 5261 - An Ordinance Amending Section 2-281 To 2-284 And To Add Section 2-285 Of The Code Of Ordinances As It Pertains To Purchases And Contracts. (3) P. O. No. 5262 - An Ordinance Amending The Sub-Section 114-33 (c) Of The Code .Of Ordinances As It Pertains To Emergency Medical Vehicles And An Alternative To The $50,000 Per Year Annual Fee That Is Charged To A Company. (Requested By Councilmember Linden, Councilmember Gillam And Councilmember Chaisson). (4) P. O. No. 5263 - An Ordinance Adding Sub-Section (d) To Sec. 114- 33 Ambulance Agreements Of The Code Of Ordinances As It Pertains To Emergency Medical Vehicles And The Alternative To The $50,000 Per Year Annual Fee As It Pertains To A New Company. AGENDA NON-CONSENT NAY 28, 2002 VII. ITEMS REQUIRING INDIVIDUAL ACTION (CONTINUED) C. *Reports And Recommendations (1) Report On Water And Sewer Taps (2) Report On Police Beats (3) Report On Grass Mowing (4) Report On Gang Activity In Port Arthur (5) Report On 2002 Preliminary Appraised Values (6) Report On The City's Involvement In The PAISD Safety & Security Committee *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'n'EES None AGENDA NON-CONSENT MAY 28, 2OO2 IX, *CLOSED MEETTNG (EXECUT1'VE SESS~'ON) 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: "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 Meeting: Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation/Administrative Action With TNRCC As It Pertains To Tr.ansit Storage Tank Facility. (2) Section 551.071 Government Code - To Discuss With The City Attorney Procedures To Avoid Litigation As It Pertains To Emergency Medical Vehicles. (3) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation Pertaining To Marina Colony. (4) Section 551.072 Government Code - To Discuss With The City Attorney The Value Of Land Adjacent -I-o West 7th StFeet. AGENDA NON-CONSENT IVlAY 28, 2002 IX. *CLOSED MEETING (EXECUTIVE SESSION - CONTINUED) (5) Section 551.074 Government Code - To Discuss The Scope Of Duties Of The City Attorney In Providing Legal Advice, As Needed, To The Port Arthur Section 4A Economic Development Corporation. (6) Section 551.071 Government Code - To Discuss With The City Attorney Procedures To Avoid Litigation involving The City As It Pertains To The Retention/Employment Of Personnel And Officers To The Economic Development Corporation. (7) Section 5510.71 Government Code - To Discuss With The City Attorney Pending Litigation As To The City's Housing Program And Procedures To Avoid Litigation As it Pertains To Grant/Loan Terms, Bid Bonds, Performance Bonds, Payment Bonds And Construction. (8) Section 551.087 Government Code To Discuss Economic incentives As it Pertains To Commercial Retail Prospects. *The items in Executive Session May Be Discussed And Acted On Tn Open Session FUTURE AGENDA ITEMS 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. AD3OURNMENT OF MEETING NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On May 29, 2002. During The Recess, No Actions Will Be Taken On Any Item Of Remaining Business And No Executive Sessions Will Be Held To Discuss Any Matters, All In Accordance With The Open Meetings Law. **************************************************** I0 RULES OF DECORUm1 - PERSONS ADDRESSI'NG COUNCi'L & AUD1'ENCE MEMBERS RECOGNITION BY PRESIDING OFFICER. NO PERSON SHALL ADDRESS THE COUNCIL WITHOUT FIRST BEING RECOGNIZED BY THE PRESIDING OFFICER. SPEAKING PROCEDURE; LIMITATION ON DISCUSSION AND QUESTIONING. EACH PERSON ADDRESSING THE COUNCIL SHALL STEP UP TO THE MICROPHONE PROVIDED FOR THE USE OF THE PUBLIC AND GIVE HIS NAME AND ADDRESS in AN AUDIBLE TONE Of VOICE FOR THE RECORDS, STATE THAT SUBJECT HE WISHES TO DISCUSS, STATE WHOM HE IS REPRESENTING If HE REPRESENTS AN ORGANIZATION OR OTHER PERSON, AND UNLESS FURTHER TIME IS GRANTED BY MAJORITY VOTE OF THE COUNCIL, SHALL LIMIT HIS REMARKS TO FIVE (5) MINUTES. ALL REMARKS SHALL BE ADDRESSED TO THE COUNCIL AS A WHOLE AND NOT TO ANY MEMBER THEREOF. NO PERSON OTHER THAN MEMBERS OF THE COUNCIL AND THE PERSON HAVING THE FLOOR SHALL BE PERMITTED TO ENTER INTO ANY DISCUSSION, WHETHER DIRECTLY OR THROUGH A MEMBER OF THE COUNCIL, WITHOUT ~:HE PERMISSION OF THE PRESIDING OFFICER. IMPROPER REFERENCES, DISORDERLY CONDUCT BY PERSON ADDRESSING THE COUNCIL; ANY PERSON MAKING, EXPRESSLY OR IMPLIEDLY, PERSONAL, IMPERTINENT, SLANDEROUS, DEROGATORY, DISCOURTEOUS, SNIDE, OR PROFANE REMARKS OR WHO WILLFULLY UTTERS LOUD, THREATENING OR ABUSIVE LANGUAGE, OR ENGAGES, IN ANY DISORDERLY CONDUCT WHICH WOULD IMPEDE, DISRUPT, OR DISTURB THE ORDERLY CONDUCT, THE ORDER BY THE PRESIDING OFFICER, AND IF SUCH CONDUCT CONTINUES, MAY, AT THE DISCRETION OF THE PRESIDING OFFICER, BE ORDERED BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL DURING THAT MEETING. ADDRESSES AFTER MOTION MADE OR PUBLIC HEARING CLOSED. AFTER A MOTION HAS BEEN MADE OR A PUBLIC HEARING HAS BEEN CLOSED, NO MEMBER OF THE PUBLIC SHALL ADDRESS THE COUNCIL FROM THE AUDIENCE ON THE MATTER UNDER CONSIDERATION WITHOUT FIRST SECURING PERMISSION TO DO SO BY MAJORITY VOTE OF THE CITY COUNCIL. CAMPAIGN SPEECHES PROHIBITED. NO PERSONS WILL BE ALLOWED TO ADDRESS THE CITY COUNCIL BY MAKING CAMPAIGN SPEECHES FOR OR AGAINST ANY CANDIDATE ~IHO HAS ANNOUNCED OR DOES ANNOUNCE HIS INTENTION TO RUN, OR iSSUE ALREADY ORDERED ON A BALLOT FOR ELECTION. DISORDERLY CONDUCT. NO PERSON in THE AUDIENCE SHALL ENGAGE IN DISORDERLY CONDUCT SUCH AS HAND CLAPPING, STAMPING OF FEET, WHISTLING, USING PROFANE LANGUAGE, YELLING, AND SIMILAR DEMONSTRATIONS, WHICH CONDUCT DISTURBS THE PEACE AND GOOD ORDER OF THE MEETING. LIMITATIONS ON USE OF SUPPLEMENTAL LIGHTING. LIMITATIONS ON USE OF SUPPLEMENTAL LIGHTING FOR TELEVISION AND MOTION PICTURE CAMERAS TO CREATE THE LEAST AMOUNT OF INTERFERENCE WITH OR DISTURBANCE OF COUNCIL PROCEEDINGS AND/OR DISCOMFORT TO THE PUBLIC. PERSONS HAVING COMPLAINTS, ALLEGATIONS, OR CHARGES AGAINST INDIVIDUAL CITY EMPLOYEES. NO PERSON SHALL MAKE ANY COMPLAINT, SPECIFIC ALLEGATION, OR CHARGE AGAINST AN INDIVIDUAL CITY EMPLOYEE BY NAME IN A PUBLIC MEETING UNLESS HE FIRST SHOWS THAT HE HAS PURSUED APPROPRIATE ADMINISTRATIVE CHANNELS. RULES OF PROCEDURE THE CITY SECRETARY SHALL MAKE PUBLIC, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS LAW, AN AGENDA CONTAINING ALL BUSINESS TO BE DISCUSSED AT A MEETING OF THE CITY COUNCIL. PERSONS REQUESTING TO BE HEARD ON AGENDA ITEMS (1) RESIDENTS. ANY RESIDENT WHO WISHES TO ADDRESS THE COUNCIL ON ANY MATTER MAY DO SO BY NOTIFYING THE CITY SECRETARY IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS LAW. (2) NONRESIDENTS. ANY NONRESIDENT WISHING TO ADDRESS THE COUNCIL SHALL NOTIFY THE CITY SECRETARY AND SPECIFY HIS INTEREST IN THE MATTER BEING CONSIDERED. THE CITY SECRETARY SHALL PRESENT SUCH REQUEST TO THE PRESIDING OFFICER FOR APPROVAL BEFORE PLACING THE NAME ON THE AGENDA. SPECIFIC AGENDA ITEMS. AFTER A MOTION, SECOND AND DISCUSSION BY THE CITY COUNCIL ON ANY SPECIFIC AGENDA ITEM, AND BEFORE A VOTE IS TAKEN, THE PRESIDING OFFICER SHALL RECOGNIZE ANY PERSON IN THE AUDIENCE WISHING TO ADDRESS THE COUNCIL ON SUCH ITEM, WHO SHALL BE PERMITTED TO ADDRESS THE COUNCIL THEREON FOR A PERIOD OF THREE (3) MINUTES. "SPECIFIC AGENDA ITEMS" ARE DEFINED AS ANY ITEM SPECIFIED ON THE NOTICE Of MEETING POSTED FOR PURPOSES OF THE TEXAS OPEN MEETINGS LAW AND WHICH BECOMES THE SUBJECT Of A MOTION BEFORE THE COUNCIL.