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HomeMy WebLinkAboutNOVEMBER 12, 2002OSCAR G. ORTIZ, MAYOR THOMAS J. HENDERSON, MAYOR PRO-TEM COUNCIL MEMBERS: CRAIG HANNAH FELIX A, BARKER TOM GILLAM, Ill REV. RONNIE LINDEN BOB BOWERS ROSE MITCHELL CHAISSON MICHAEL "SHANE" SINEGAL City of Texas STEPHEN FITZGIBBONS CITY MANAGER EVANGELINE "VAN" GREEN CITY SECRETARY MARK T. SOKOLOW CITY A]7ORNEY AGENDA City Council Regular Meeting November 12, 2002 8:30 A.M. RO. BOX 1089 · PORT ARTHUR, TEXAS 77641-1089 ° 409/983-8115 ° FAX 409/983-8291 CITY COUNCIL MEETTNG City Hall Council Chamber City Of Port Arthur November 1.2, 2002 8:30AM ROLL CALL, INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tem Henderson Councilmember Hannah Councilmember Barker Councilmember Gillam II! Councilmember Linden Councilmember Bowers Councilmember Chaisson Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow II. PROCLAMATIONS & MINUTES Minutes - Regular Meeting October 29, 2002 III. PETITIONS &COMMUNICATIONS A. Presentation Student Essays Commemorating September 11, 2001 (Requested By Councilmember Linden) B. Speakers (1) Monroe Johnson Regarding Fire Department Regulations For Used Tires (2) Patricia Garza-Bowlen Regarding Community Leadership Development Project-Local Government Training (3) Rocky Bridges, Port Arthur Police Association Representative, Regarding The Change Of Supplemental Insurance From AFl_AC To Colonial AGENDA NOVEMBER 12, 2002 III. PETITIONS &COMMUNICATIONS (CONTINUED) C. Correspondence None IV. PUBLIC HEARINGS - 9:00AM Receive Public Comment On A Request By Samedan Oil Corporation For A Permit To Conduct Drilling Operations In An Area In East Port Arthur Near The Southwest Corner Of Highway 347 And 60th Street. UNFINISHED BUSINESS The Following Item Of Business Were Held From Previous Meetings At Which No Action Was Taken On These Items: P R. No. 11971 - A Resolution Authorizing A Lease Agreement Of The Premises At Lots Numbered Twenty-One, Twenty-Two, Twenty-Three And Twenty-Four (21, 22, 23 & 24), In Block Number One Hundred Thirty- Three (133) Of The City Of Port Arthur, Jefferson County, Texas Between The City Of Port Arthur And Mardi Gras Of Southeast Texas, Inc. 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 Affcer The Items Not Requiring Separate Discussion Have Been Acted Upon. Consideration And Approval Of Awarding A Bid For The Purchase Of Two New Servers To Q A Systems Inc., Of Austin, Texas In The Amount Of $13,458 For The Police Department. AGENDA NOVEMBER 12, 2002 V?. CONSENT AGENDA - CONTI'NUED Consideration And Approval Of Payment For Emergency Repairs To Raw Water Pump 102 To Triangle Rotating Equipmer~t Specialists Of Orange, Texas In The Amount Of $6,630 For The Water Treatment Plant. Consideration And Approval Of Awarding A Bid For The Purchase Of One 30,000 Lb. Class Hydraulic Excavator To Four Seasons Equipment, ][nc., Of Houston, Texas ][n The Amount Of $83,394 For The Utility Operations Department (Wastewater Conveyance Division). D. Approval Of Expense Accounts: Mayor Oscar G. Ortiz: Use Of Personal Auto On City Business, October, 2002 $ 175.19 Mayor Pro Tem Henderson: Use Of Personal Auto On City Business, September - October, 2002 $ 175.20 Councilmember Craig Hannah: Attend TML Conference, Fort Worth, Texas, October 15-18, 2002 $1,462.16 Councilmember Feli)~ Barker: Use Of Personal Auto On City Business, October, 2002 City Attorney Mark T. Sokolow: Attend "Business Organizations Course", Houston, Texas, October 24-25, 2002 Assistant City Secretary Terri Hanks: Attend OnmiBase Training, Austin, Texas, October 24-25, 2002 98.14 326.75 303.00. 3 AGENDA NOVEMBER 12, 2002 V?. CONSENT AGENDA - CONTINUED Resolutions - Consent (1) P. R. No. 11981 - A Resolution Authorizing Extension Of The Existing Contract With ATC/VANCOM For Management Of The Port Arthur Transit System And Equipment Services Department Until October 1, 2003. (2) P. R. No. 11992 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. (3) P. R. No. 11993 - A Resolution Approving Two (2) Letters Of Proposal From T&N Laboratories, Inc. For Providing Methane Gas Monitoring Services And Groundwater Monitoring Services At The City's Sanitary Landfill, MSW Permit No. 1815, In The City Of Port Arthur, Texas, In The Amount Of $21,140. Funds Are Available In Account No. 403-1274-533.54-00 In The Public Works-Solid Waste Division FY 2003 Budget. (4) P. R. No. 11994 - A Resolution Cancelling And Rescheduling The December 24, 2002 Council Meeting. (Requested By The City Manager) (s) P. R. No. 1.1995 - A Resolution Cancelling And Rescheduling The February 4, 2003 Council Meeting. (Requested By The City Manager) (6) P.R. No. 11989 - A Resolution Authorizing The City Manager To Execute One (1) Contract Between Lamar State College Port Arthur (LSCPA) And The City Of Port Arthur For The Use Of City's Baseball Field At Martin Field From January 2003 Through June 2003. 4 AGENDA NOVEMBER 12, 2002 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON CONSENT A. Resolutions (1) P. R. No. 11987 - A Resolution Appointing Members To The Newly Created Port Arthur Youth Council. (2) P. R. No. 11996 - A Resolution Appointing Members To The Construction Board Of Adjustments And Appeals. B. Ordinances (1) P. O. No. 5300 - Changing Ordinances, Tn Their Entirety, Paragraph (B) (7) (E) In Section 110-61 Of Division 2 (Connections) Of Article TI (Water) And Paragraph (5) (E) In Section 110-168 Of Division 2 (Connections) Of Article 1[][I (Sewer) Of The Code Of Ordinances, City Of Port Arthur; Said Changes Repeal All Ordinances And Parts Of Ordinances In Conflict Herewith; And Declaring The Effective Date Hereof. (Requested By Councilmember Gillam). (2) P. O. No. 5301 - Changing Section 18-35 Building Permit Fees Of The Code Of Ordinances (Relating To Economic ]Incentive Program For New Construction). Said Changes Repeal All Or Parts Of Ordinances Tn Conflict Herewith; And Declaring The Effective Date Hereof. AGENDA NOVEMBER 12, 2002 VII. ITEMS RE(~UIRING INDIVIDUAL ACTION - NON CONSENT (CONTINUED) C. *Reoorts And Recommendations (1) September, 2002 Financial Report (2) Report On November 1, 2002 Youth Conference Tn Austin, Texas (Requested By Councilmember Linden) (3) Report On Upgrading The Format/Graphics Of The City Of Port Arthur's Government Information Channel' (Requested By Councilmember Linden) (4) Report On The -timeframe For Completion Of Street Repairs On Roosevelt Street In The El Vista Area And Salisbury Street In The Lakeside Park Area (Requested By Councilmember Gillam) (5) Report On The Remediation Or Removal Of The Old Sewage Pump House Between Terrace/Marian Anderson To Eliminate Illegal Dumping In The Area (Requested By Councilmember Gillam) (6) Report On Scheduling Of The Vactor Suction Trucks For The Maintenance Of Drainage Pipes (Requested By Councilmember Hannah) (7) Report On Alleviating Flooding Problems In The City: West 19th Street; Joe Louis/Kansas Avenue; Beaumont Avenue @ 17th Street (Requested By Councilmembers Chaisson, Linden & Gillam) (8) Report On City Of Port Arthur Employees & Retirees Picnic To Be Held At Logan's Park On November 16, 2002 (9) Report On Zoning Request Z02-02 (Garcee) (10) EDC Annual 2002 Report, 2003 Goals And Objectives *The City Council Can Act On Any Of The Above Reports And Recommendations As To Accept The Report/Recommendation Or To Request Additional ~[nformation And Records. VIII. REPORTS OF BOARDS & COMMII-FEES None AGENDA NOVEMBER 12, 2002 IX. *CLOSED MEETING (EXECUT?VE SESSTON) 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 Section 551.072 Section 551.073 Section 551.074 Section 551.076 Section 551.087 - Litigation And/Or Legal Advice - Land - Negotiated Contracts For Prospective Gifts To The City - Personnel - Security Personnel Or Devices - Deliberations Regarding Economic Development Incentives Closed Meetinq: (1) (2) (3) (4) (5) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation Of Barrabin Vs. Williams And Harrison And Rice Vs. Williams And Harrison. Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation Of City Vs. Coastal Banc And Elite Construction. Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As It Pertains To Southern Union Gas. Section 551.071 Government Code - To Discuss With The City Attorney The Pending Condemnation Litigation As It Pertains To Spencer Comeaux And Cecilia Singleton. (Lots l, 2, 3 and 7 Block l, Schmyger 3) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Condemnation Litigation As It Pertains To Pamela Graham. (Lots l, 2, and 3 Block 2, Schmyger 3) AGENDA NOVEMBER 12, 2002 TX. *CLOSED [flEETZNG (EXECUT]VE SESSTON - CONTZNUED) (6) (7) (8) Section 551.072 Government Code - To Discuss The Value Of Land On The Westside. Section 551.087 Government Code - To Discuss ]~ncentives For Healthcare And Commercial Business Prospects. Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation As It Pertains To The Property At 848 Procter Street. *The Items In Executive Session May Be Discussed And Acted On ]In Open Session FUTURE AGENDA ITEMS OR RE(~UESTED 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.1OURNtflENT OF MEETZNG I~ULES Of DECORUM - PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS RECOGNITION 8¥ PRESIDING OFFICER. NO PERSON SHALL ADDRESS the COUNCIL WITHOUT FIRSt BEING RECOGNIZED BY THE PRESIDING OFFICER. SPEAKING PR, OCE~DURE; LIMITATION ON DISCUSSION AND QUESTIONING. EACH PERSON ADBRESSING THE COUNCIL SHALL STEP UP TO THE MICROPHONE PROVIDED FOR THE USE OF THE PUBLIC AND GiVE HIS NAME AND ADDRESS IN AN AUDIBLE TON,E 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 MEMBERS OF THE COUNCil, WITHOUT THE PERMIS~ION OF the RU~ES OF P~OCEDURE THE CITY SECRETARY SHALL MAKE PUBLIC, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS LAW. AND AGENDA CONTAINING ALL BUSINESS TO BE DISCUSSED AT a MEEtiNG OF THE CITY COUNCIL. PERSONS REQUESTING To ~E HEARD ON AGENDA ITEMS (1) RESIDENTS. ANY RESiDENt WhO WISHES TO ADBRESS THE COUNCIL ON ANY MA]~ER MAY DO SO BY NOTIFYING the CI~Y SEC.~ETARY IN ACCORE)ANCE 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. AFFER 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 OD a MOTION BEFORE THE COUNCIL.