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HomeMy WebLinkAboutFebruary 18, 2003OSCAR G. ORTIZ, MAYOR THOMAS J. HENDERSON. MAYOR PRO-TEM COUNCIL MEMBERS: CRAIG HANNAH FELIX A. BARKER TOM GILLAM, III REV. RONNIE LINDEN BOB BOWERS ROSE MITCHELL CHAISSON MICHAEL "SHANE" SINEGAL STEPHEN FITZGIBBONS CITY MANAGER EVANGELINE "VAN" GREEN CITY SECRETARY MARK T. SOKOLOW CITY ATTORNEY AGEI"I DA CittJ Council I~~ulo~ MedincJ 18, :2003 5:30 p.m. P.O. BOX 1089 · PORT ARTHUR. TEXAS 77641-1089 · 409/983-8115 · FAX 409/983-8291 II. III. CITY COUNCIL MEETING City Hall Council Chamber City Of Port Arthur February :1.8, 2003 5:30PH ROLL CALL~ INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tem Henderson Councilmember Hannah Councilmember Barker Councilmember Gillam III Councilmember Linden Councilmember Bowers Councilmember Chaisson Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow PROCLAMATIONS & MINUTES Minutes - Regular Meeting -ianuary 28, 2003 Special Meeting February 11, 2003 PETITIONS & COMMUNICATIONS A. Presentations Dr. Martin Luther King, .Ir. Day Essays Commemorating January 20, 2003 B. Speakers (2) (3) David Bernsen Regarding The Bessie Height Barge Mooring Facility Concerns Lynn Morris Williams Regarding Housing Improvements For Single Family Residents Winnie Nelson, Sherry .Iohnson And ]oyce Morris Of Concerned Citizens Of Port Arthur Regarding Loud Music, Drug Trafficking, Prostitution, Abandoned Houses And An Area Clean Up Tn District Six C. Correspondence None AGENDA FEBRUARY 18, 2003 IV. VI. PUBLIC HEARINGS - 7:00PM Consideration Of Rezoning Lots 19-24, Block 130, City Addition (625, 639, 641 Procter Street) From Commercial To Specific Use Permit For Tavern Or Lounge. (Z02-04) Applicant: William Davidson UNFINISHED BUSINESS None CONSENT AGENDA NOTTCE TO THE PUBLIC: The Following Ttems 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Separately Unless Requested By A Council Member Or A Citizen, Tn Which Event The :Item Or items Will Tmmediately Be Withdrawn For individual Consideration Tn Tts Normal Sequence After The :Items Not Requiring Separate Discussion Have Been Acted Upon. Consideration And Approval Of Awarding A Bid To Replace A Broken 50-Foot Wooden Pole And Three 1500 Watt Metal Halide Fixtures And Bulbs At Gibson Field (Adams Park) To B. C. Miller Electric Co. In The Amount Of $5,869. Consideration And Approval Of Awarding A Bid For The Purchase Of Two ATV Vehicles To Honda Of Lake Charles, Louisiana :In The Amount Of $10,906 For The Police Department. Consideration And Approval Of Awarding A Bid For The Repair Of A 2002 Ford Crown Victoria (Equipment #1460) To Philpott Ford :In The Amount Of $7,632.88 For The Police Department. Consideration And Approval To Reject All Bids Received For The Purchase Of A New Track Dozer For The Public Works - Solid Waste Division (Landfill) And Authorization To Re-Advertise. AGENDA FEBRUARY 18, 2003 VI. CONSENT AGENDA - CONTI'NUED E. Expense Accounts: Mayor Oscar G. Ortiz: Use Of Personal Auto On City Business, January, 2003 113.87 Attend United Conference Of Mayors InWashington, D.C., January 21-26, 2003 $2,156.91 Councilmember Bob Bowers: Use Of Personal Auto On City Business, January, 2003 40.71 Councilmember Rose Chaisson: Use Of Personal Auto On City Business, December, 2002 -January, 2003 $ 200.00 Resolutions - Consent (1) P. R. No. 12068 - A Resolution Awarding A Contract To The Lowest Responsible Bidder And Authorizing The Execution Of The Contract For Janitorial Services To Sanserve Building Services Of Beaumont, Texas For A Total Amount Of $24,961.80 For The Parks And Recreation Department For An Initial One (1) Year Period With An Option To Renew For Up To One (1) Year At The Original Bid Amount. Account No. 001-1402-551.32-00. (2) P. R. No. 12073 A Resolution Authorizing The City Manager To Execute Change Order No. I And Final In The Amount Of $6,350.22 To The Contract Dated September 3, 2002 Between The City Of Port Arthur And Crabtree Barricade Systems For Pavement Markings In The City. Funding Is Available As Hold-Over Funds From FY 2002 And Current FY 2003 Funds In Account No. 001-1205-531.59-00. (3) P. R. No. 12075 - A Resolution Authorizing The Mayor Of The City Of Port Arthur To Execute A Waiver Permitting The Jefferson County Mosquito Control District To Fly At Low Altitudes Over The Territory Under The Jurisdiction Of The City Of Port Arthur. AGENDA FEBRUARY 18, 2003 VI. CONSENT AGENDA - CONTINUED (4) P. R. No. 12080 - A Resolution Authorizing The Mayor And City Manager To Execute Change Order No. 1 And Final For An Increase Of $1,438.43 To The Contract Dated .July 9, 2002 With AIIco, Inc., Of Beaumont, Texas For The Construction Of The Stage Cover For The Downtown Pavilion, Authorizing The City Manager To Execute A Certificate Of Acceptance And Authorize Final Payment In The Amount Of $40,980.43; Funding Being Available In FY 2003 Account No. 301-1601-591.54-00, CIP 003. (s) P. R. No. 12082 - A Resolution Authorizing The Execution And Delivery Of A Master Lease Agreement For $867,000 For The Purchase Of Equipment Per Equipment Schedule No. 01, An Escrow Agreement, And Related Instruments, And Determining Other Matters In Connection Therewith. (6) P. R. No. 12087 - A Resolution Authorizing A Contract With The Texas General Land Office For Coastal Management Program Funds For The Port Arthur Boardwalk, Phase III. (7) P. R. No. 12091 - A Resolution Approving A Plan For Use Of The "Loan Star Libraries" Direct Aid Grant From The Texas State Library To Port Arthur Public Library. (8) P. R. No. 12092 - A Resolution Terminating Three Housing Rehabilitation Activities Contracts Awarded To Harold Collins, D.B.A. Collins Construction And Approving The Award Of Contracts For Housing Rehabilitation Activities To Benjamin Enterprises, Inc., Stonewater :[nc., And Raymond Thomas, D.B.A. Thomas Construction. (9) P. R. No. 12095 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. AGENDA FEBRUARY 18, 2003 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions (i) P. R. No. 12064 - A Resolution Appointing/Reappointing A Member Or Members To The Library Board. (2) P. R. No. 12071 - A Resolution Addressing The Request For A Variance As It Pertains To The Property Located At 2523 ]efferson Drive For The Sale Of Beer And Wine. (3) P. R. No. 12072 - A Resolution Supporting An "Interagency Cooperative Working Agreement" Regarding The Development Of The Southeast Texas Regional Mitigation Plan. (4) P. R. No. 12078 - A Resolution Establishing A Service Award Program For City Councilmembers And Other City Of Port Arthur Citizens Who Serve On The Various Boards, Committees And Commissions Appointed And/Or Confirmed By The City Council. (5) P. R. No. 12081 - A Resolution Authorizing The Director Of Public Works Or His Designee To Execute A Commercial Refuse Disposal Contract Between The City Of Port Arthur, Texas And American Waste Services, Ltd. Of Port Arthur, Texas For The Purpose Of Depositing Refuse At The City's Sanitary Landfill. (6) Pm R. No. 12084 - A Resolution Authorizing The City Manager To Execute Contracts As Follows: Two (2) Contracts Between The Girls Softball League Organization, One (1) Contract Between The Latin American Baseball League And The City Of Port Arthur For The Use Of City Baseball Fields This Spring. (7) P. R. No. 12085 - A Resolution Establishing A Covenant For The Port Arthur City Council For The Year 2003. (Requested By Councilmember Bowers) AGENDA FEBRUARY 18, 2003 VII, ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT (CONTINUED) (8) P. R. No. 12088 - A Resolution Authorizing The Execution Of The Houston Joint Terrorism Task Force Memorandum Of Agreement By The Police Chief Or His Designee. (9) P. R. No. 12089 - A Resolution Authorizing The City Manager And Mayor To Execute A Contract Between The City Of Port Arthur And Aquila Golf, Inc., Of Beaumont, Texas For Operation And Maintenance Of The Babe Didrickson Zaharias Memorial Golf Course. (10) P.R. No. 12090 - A Resolution Pertaining To Security Precautions And Mardi Gras 2003. (Requested By Mayor Ortiz) (11) P. R. No. 12094 - A Resolution Authorizing The City Manager To Execute Contracts As Follows: Three (3) Contracts For The Use Of Gibson Field, Adam's Field And O'Neal Field This Spring. (12) P. R. No. 12098 - A Resolution Approving RMT Change Order No. i For The Remediation At 949 Nederland In The Amount Of $17,849 (Lot 9, Block 492, City Of Port Arthur). Account No. 001-1003-512.59-00; M01002. B. Ordinances (1) P. O. No. 5311 - An Ordinance Abandoning And Vacating The Ten (10') Foot- Wide Utility Easement Across The Most Westerly Side Of Lot 7 And The Five (5') Foot-Wide Utility Easement Across The Most Easterly Side Of Lot 8 In Block 1, Lake Arthur Village Subdivision In Port Arthur; Accepting The Dedication Of Replacement Easements And Providing For The Effective Date Of This Ordinance. (2) P. O. No. 5312 - An Ordinance Pertaining To The Rate Increase Of Southern Union Gas. (3) P. O. No. 5313 - An Ordinance Adding Section 2-229 To The Code Of Ordinances As It Pertains To Communications With Regulatory Authorities By Public Utilities With A Penalty Not To Exceed $500 Per Violation And Providing For The Publication Thereof. AGENDA FEBRUARY 18, 200:] VII, VIII. ITEMS RE(~UIRING INDIVIDUAL ACTION - NON CONSENT- CONTINUED (4) P.O. No. 5316 - An Ordinance Amending Section 86-83 Of The Code Of Ordinances As It Pertains To Commercial Wholesale Refuse Customers. C. *Reports And Recommendations (1) Report On Downtown Redevelopment (2) December, 2002 Financial Report (3) Report On Mariner's Cove (4) Report On 2001-2002 Mardi Gras Expenses And Donations Of City Services To All Non-Profit Cultural Activities (5) Report On Sewer Problems: H. O. Mills Boulevard/El Vista Area (6) Report From Service Zone (7) Report On Mayor's Trip To Washington, D.C. And Legislative Update (8) Report On Secretary Of State Election Laws Regarding The Early Voting Ballot Board (Requested By Councilmember Linden) (9) Report On The Processing/Storage Of Early Voting Mail Ballots (Requested By Councilmember Chaisson) *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. REPORTS OF BOARDS & COMMII-FEES None. AGENDA FEBRUARY 18, 2003 IX. *CLOSED MEETI'NG (EXECUTI'VE SESSI'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: (1) (2) (3) (4) (5) (6) (7) (8) (9) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation As It Pertains To Entergy. Section 551.071 Government Code To Discuss With The City Attorney Potential Litigation As It Pertains To Southern Union Gas Or ONEOK. Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation Of PIi//$ Vs. City Of Port Arthur. Section 551.071 Government Code To Discuss With The City Attorney Potential Litigation As It Pertains To MCK Enterprises And The Argosy Apartments. Section 551.072 Government Code - To Discuss The Value Of Land On The West Side. Section 551.076 Government Code To Discuss The Deployment Or Implementations Of Security Personnel Or Devices. Section 551.087 Government Code To Discuss incentives For Healthcare, Commercial And :Industrial Prospects. Section 551.071 & 551.074 Government Code - To Discuss With The City Attorney Procedures To Avoid Litigation Or Claims As [t Pertains To Health Insurance And Anitra Alexander. Section 551.071 Government Code - To Discuss With The City Attorney Potential Condemnation Litigation As Tt Pertains To The Business Park And Ancillary Utility Lines And Easements. AGENDA FEBRUARY 18, 2003 IX. XI. *CLOSED MEETING (EXECUTIVE SESSION - CONTINUED) (lO) Section 551.071 Government Code - To Discuss With The City Attorney The Potential Litigation As It Pertains To Cause No. A-030061-C; Ot/zens/:or The Preservation Bessie Heights Marsh Vs. Kirby In/and Mar/ne, Inc. Of Texas And Western Towing Company, In The District Court, 128th Judicial District, Orange County, Texas. 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. AD:IOURNMENT 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 February 19, 2003. During The Recess, No Action 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. RULES OF DECORUM - pERc~Ohi~ ADDRESSING COUNCIL & AUDIENCE MEMEERS 1 ~,E,COG,NITION E-Y F:,R££1Dh"qG OFFiC£R. NO ~c=c~N SHALL ADC.~ES3 THE CCUNCIL W1THCUT ADGRESSiNG THE COUNCIL SHALL STEP UP TO THE MICRGPHCNE P~CVIDED FOR THE USE OF THE PUBLIC AND GiVE HIS NAME AND A~ORES~ IN AN AUDIBLE TON~ GF VOICE FOR THE R~.-ORDc STATE THAT EUEJECT HE WISHES TO DISCUSS. STATE ~/HOM HE IS GRANTED BY M~O&I~F VOTE OF THE COUNCIL. ~HALL LIMIT HIS REMARKS TO FiVE MINUTES. ALL REMARKS SHALL BE ADD. RES~ED TO THE COUNCIL ~S A WHOLE AND NOT TO '~/~ ET]= CIREOTLY OR THROUGH A MEMBERS OF THE CCUNC;L, ~ITHCUT THE p_.~,dI__,CN CF THE PRESIDING OFF~C~. ~ IMF~OFE,~ ~r~,~;NC~. ~I~ORDERLY CCND~'CT ~Y FE.~ON A~DRE~iNG THE CCUhiC;L: CEECGATORY, DISCOURTEOUS. SNIDE. CR pROFANE REMARKS CR ~IHO WILLFULLY U%E~E LOUD, THREATENING OR AEUSiVE ~NGUAGE. OR ENGAGES, IN ANY BISGRCE~LY CONDUCT WHICH WOULD IMPEC, E. CISRUPT, CE BISTU~5 THE CRCE~L'f CCNCUCT THE CRBE~ EY THE THE COUNCIL FROM THE AUDIENCE ON THE MA~E~ UNDE~ CONSiDErATiON WITHOUT ....... tG P_n,~I__,C ITC gC MAJCRI~ VOTE CF THE Clef COUNCIL. ANNOUNCED O~ BOE~ ANNOUNC~ HIS INTENTION TO RUN. CR ISSUE ALREADY C.~DE~ED CNA EALLOT FOR ELECTION. DI~ORDE,~LY CO~DUCT. NO PERSON IN THE AUDIENCE SHALL ENGAGE IN CIEC~DERLY CONDUCT SUCH AS HAND C~PP!NG. STAMPING OF PEET. WHIffTLiNG. USING PROFANE LkNGUAGE. YELLING, AND ~iMIL~R DEMCNSTRATiCNS. WH1CH CCN~UCT DISTUREE THE FEACZ AND GOOD ORDER OF THE MEET1NG. INTERFERENCE ~IITH OR DI~TU~EANCE OF COUNCIL PRCCEEDING~ AN~/CR DISCOMFCRT THE PUBLIC. ~EN~ON~ HAVING COMFL41NT~. ALL?~ATiON~. ON CHA~GE~ AGAIN~T hNDI'/IEUAL ~MPLOYEE~. NO PER.ON SHALL MAKE ANY COMPS&INT. ~PECIFiC ALLE.%ATICN. CR CHARGE SHOW THAT ME HAS PURSUED APPROPRIATE ADMINISTRATIVE CHANNEL. RULES OF FROCEDURE THE Clef SECRETARY SHALL MAKE PUELIC, IN ACCORDANC~ WITH THE TEXAS OPEN MEETINGS LAW. AND AGENDA CONTAINING ALL EUSiNES~ TO EE DISCUSSED AT A MEETING OF THE Cl~ CCUNCiL_ FE.~ON~ ~E,~UE~TING TO ~E HEARD ON AGENDA [TEM~ (1) ~E~iDENTS. ANY RESIDENT WHO WISHES TO ADDRESS THE COUNC1L ON ANY MA~ER MAY OD SO BY NCT1FflNG THE Cl~ IN ACCORDANCE ~IITH THE TEXAS OPEN MEETING~ LAW. (~) NONRESIDENTS. ANY NONRESIDENT WISHING TO ADDRESS THE COUNCIL SHALL NCT1F{ THE CITf ~ECRETARY AND -r .... f HIS INTEREET IN THE MA~ER BEING CONSIDERED. THE Cl~ ~ECRETARY SHALL PRESENT SUCH RE,3UE~T TO THE ANY _~_~;FC AGENDA iTeMS. A~ER A MOTICN _~,~ND AND DISCUSSION EY THE CI~ CCUNC',L CN SPECIFIC AGENDA ITEM, AND EEFORE A VOTE IS TAKEN. THE pRESiDING OFFICER EHALL NE,ZCGNIZE ANY PERSON IN THE AUDIENCE WISHING TO ADDREE~ THE COUNCIL ON SUCH ITEM. ~HC SHALL "~pECIFiC PERMI~ED TO ADOR--S~ THE COUNCIL THEREON FOR A PERIOD CF THREE (3] MINUTES. AGENDA ITEMS" ARE DEFINED AS ANY ITEM _r_~,F~E~ CN THE NCTiCZ CF MEETING ETEZ PURPOSES OF THE TEXAS OPEN MEETINGS LAW AND WHICH SECOME~ THE EUEJE.ZT OF A MOTION EEFORE THE COUNCIL.