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HomeMy WebLinkAboutJULY 6, 2004OSCAR G. ORTIZ, MAYOR STEPHEN FITZGIBBONS JOHN BEARD, JR., MAYOR PRO-TEM CITY MANAGER COUNCIL MEMBERS: EVANGELINE "VAN" GREEN CRAIG HANNAH City of CITY SECRETARY FELIX A. BARKER MARK T. SOKOLOW THOMAS J. HENDERSON CITY A11-ORNEY MARTIN FLOOD RONNIE H. THOMPSON DELORIS PRINCE MICHAEL "SHANE" SINEGAL Texas AGENDA City Council Regular Meeting July 6, 2004 5:30 p.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 ARTHU R, TEXAS 77641-1089 · 409/983-8115 · FAX 409/983-8291 City Council Meeting City Hall Council Chamber City Of Port Arthur 3uly 6~ 2004 5:30PM ROLL CALL, ZNVOCAT[ON & PLEDGE Mayor Ortiz Mayor Pro Tem Beard Councilmember Hannah Councilmember Barker Councilmember Henderson Councilmember Flood Councilmember Thompson Councilmember Prince Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow PROCLAMATZONS & MZNUTES Minutes - Regular Meeting ]une 22, 2004 PETTrZONS &COMMUN[CAT[ONS A. Speakers Margaret DevJllier Regarding Proposed One Stop Service Center To Be Located On The West Side B. Corresoondence - None AGENDA 3ULY 6, 2004 [V. PUBL:[C HEAR~[NG - 7:00PM (1) To Consider Whether Or Not To Amend The Use Chart To Provide That The "Package Store" Use Shall Not Be Permi~ed In The Light Commercial District Or Shall Be Permitted Only By Specific Use Permit (2) To Consider Whether Or Not To Abandon That Portion Of Stilwell Blvd. Between Lakeshore Drive And Procter Street (3) To Consider Whether Or Not To Issue A Specific Use Permit In The Light Commercial District For A 150' Telecommunications Tower; Applicant U.S. Unwired/Bethel Temple (Z04-03) (4) To Consider Whether Or Not To Amend The Planned Development 22 District To Permit A 203' Telecommunications Tower Located On Highway 73 Approximately 190' West Of Hazel Avenue; L. Ford Clark, Inc. (Z04-04) V. UNFiNiSHED BUS~NESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: Resolution P.R. No. 12685 - A Resolution Authorizing The City Manager And The City Attorney To Purchase Property, South 53 Feet Of Lots 13 & 14 And Lots 15-19, Block 1, Schmyser3 VI. CONSENT AGENDA NO'lICE 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. AGENDA .1ULY 6, 2004 VT. CONSENT AGENDA - CONTINUED A. Consideration And Approval To Award A Bid For Air Conditioning Work At City Hail B. Expense Accounts Mayor Oscar G. Ortiz: Attend The U.S. Conference Of Mayors Annual Meeting, Boston, Ma. .lune 25 - 29, 2004 $ 2,969.63 City Manager Steve Fitzgibbons: Attend TCMA Annual Conference, South Padre Tsland, Texas, ,lune 18-20, 2004 $ 538.24 City Attorney Mark T. Sokolow: Attend Texas State Bar Conference, San Antonio, Tx., .lune 23 - 25, 2004 $ 1,135.44 City Secretary Evangeline Green: Use Of Personal Auto During The May 15, 2004 Election April 28, 2004 - May 18, 2004 $ 117.00 Assistant City Secretary Terri Hanks: Use Of Personal Auto During The May 15, 2004 Election April 28, 2004 - May 18, 2004 $ 140.00 Resolutions - Consent P.R. No. 12677 - A Resolution Authorizing The Mayor To Execute An Encroachment Agreement Between The City Of Port Arthur And Gregory C. Guy And Wife Cassandra C. Guy Pertaining To The Fifteen (15) Foot Wide Public Easement That is Located At The Rear Of Lot 41 Block 1, Lake Arthur Manor Subdivision Said Fifteen (15) Foot Wide Easement, Located At 4518 Kandywood Drive, Port Arthur, Texas 3 AGENDA 3ULY 6, 2004 VI. CONSENT AGENDA - CONTINUED (2) P.R. No. 12690 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts (3) P.R. No. 12704 - A Resolution Authorizing The Third Year Of The Existing Three (3) Year Contract To Otis Elevator Company (Allied Elevator Of Beaumont, l~nc.) Of Beaumont, Texas For Maintenance Services For The City Hall Elevator In The Amount Of $249 Per Month, For A One Year Cost Of $2,988. Funds Are Available In The FY2004 City Hall Division Budget, Account No. 001-1206-531.32.00 (4) P.R. No. 12705 - A Resolution Authorizing A Contract For The Services Of Gayle W. Botley & Associates, Certified Public Accountants, As Independent Auditors For The City Of Port Arthur For The Year Ending September 30, 2004 (5) P.R. No. 12710 - A Resolution Approving Tax Exemptions For Charitable Organizations As Allowed Under Section 11.184 Property Tax Code (6) P.R. No. 12711 - A Resolution Amending The Contract Between The City Of Port Arthur And .lefferson County, Texas For Assessing And Collecting Ad Valorem Taxes (7) P.R. No. 12712 - A Resolution Authorizing The Execution Of Contracts Between The City Of Port Arthur And The Public Services Organizations For Public Service Activities, In The Amount Of $162,900, This Being $5,000 For The Young Men's Christian Association Of Port Arthur And South .lefferson County, $17,000 For Port Cities Rescue Mission Ministries, Inc., $10,500 For Catholic Charities Of Diocese Of Beaumont, l~nc., $10,800 For Port Arthur Flyers Track Club, And $20,000 For The Program Of Health Excellence, $6,000 For Set Regional Planning Commission, $7,000 For Camp Fire, $8,000 For Nutritional Services, $8,050 For PAISD - DeQueen, $8,050 For PAISD - Franklin, $8,050 For PAISD - Washington, $8,050 For PAISD - Sam Houston, $10,000 For Lamar State College, $30,700 For Community Retirement Home, l~nc., $5,700 For Department Club Of Port Arthur For The Benefit Of The Low And Moderate Income Residents Of The City AGENDA 3ULY 6, 2004 VT. CONSENT AGENDA - CONT?NUED (8) P.R. No. 12714 - A Resolution Approving A Budget For The Housing Assistance Division New Construction And Existing Home Purchase Activities (9) P.R. No. 12715 - A Resolution Approving The Award Of And Authorizing The City Manager To Execute Contracts For The Housing Assistance Division New Construction Activities (10) P.R. No. 12718 - A Resolution Authorizing The Second Year Of The Existing Water And Sewer Tapping Services Contract For The Utility Operations Department Approved On ]uly 8, 2003 With Hydrotec Utility Maintenance, Inc., Of Bridge City, Texas, For The Estimated Sum Of Not To Exceed One Hundred Sixty-Two Thousand Seven Hundred Fifty And No/100 Dollars ($162,750). Account No. 414- 1621-532.83-00 And 414-1621-532.85-00 (11) P.R. No. 12719 - A Resolution By The City Of Port Arthur, Texas, Endorsing The 10 Year Planning Process To End Chronic Homelessness By The Regional Efforts Of The Southeast Texas Coalition For The Homeless (Requested By Mayor Ortiz) (12) P.R. No. 12722 - A Resolution Authorizing Filing An Application With The Federal Transit Administration For Funding For Port Arthur Transit (13) P.R. No. 12725 - A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Lind & Associates DBA T & N Laboratories & Engineering, For Professional Services, Not To Exceed $15,700, Related To Geotechnical Investigation And Engineering For The Construction Of The Port Acres And Sabine Pass Water Storage Standpipes. Account No. 427-1626-532.54-00, Project No. 427004 (14) P.R. No. 12728 - A Resolution Authorizing The City Manager And The City Attorney To Purchase Lots 11 Through 16, Block 37, Delmar Terrace, And To Execute The Necessary Closing Documents AGENDA .1ULY 6, 2004 VII. ITEHS RE(~UIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P.R. No. 12713 - A Resolution Appointing New Members To The Port Arthur Youth Advisory Council (YAC) (Requested By Councilmember Henderson) (2) P.R. No. 12717 - A Resolution Appointing EDC Directors And Advisory Directors (3) P.R. No. 12720 - A Resolution Approving Change Order No. 2 To The Contract Between The City Of Port Arthur And Excavators & Constructors, Inc., Related To The Water Transmission Mains l~mprovements Project. (~[ncreases The Contract Amount By $6,772.69) Account No. 427-1626-532.85-00, Project No. 427003. (4) P.R. No. 12723 - A Resolution Approving A Partial Release Of The Retainage To LSI (5) P.R. No. 12726 - A Resolution Rescheduling A Retreat (Special Council Meeting) (6) P.R. No. 12727 - A Resolution Approving The Awarding A Bid By The City Of Port Arthur Section 4A Economic Development Corporation And Authorizing The Execution Of A Contract To M.D. Arena For Grass Cutting Services Of The Port Arthur Business Park Located At 9555 W. Port Arthur Road, To Be Charged To Account No. 120-1429-582.59-02. AGENDA 3ULY 6,2004 VII. ITEMS REi~UIRING INDIVIDUAL ACTION - NON-CONSENT CONTINUED B. Ordinance (1) P.O. 5421 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning On Lot 3, Block 40, Lakeview Addition, Port Arthur, .~efferson County, Texas From Multifamily To Light Commercial (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur TS Punishable As Provided In Section 1-13 Of The Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication in The Official Newspaper Of The City Of Port Arthur And Effective immediately After Publication Date. (Requested By Councilmember Sinegal) (2) P.O. No. 5423 - An Ordinance Authorizing The Sale Of Certain Surplus Property By The City Of Port Arthur At A Public Online Auction (3) P.O. No. 542,~ - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting A Specific Use Permit For A Commercial Support Antenna Tn The Heavy Commercial District On Lots 3 And 4, Block 2, Newport Heights, Port Arthur, Jefferson County, Texas (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur is Punishable As Provided In Section 1-13 Of The Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective immediately After Publication Date. (4) P.O. No. 5425 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Providing For The Package Store Use By Specific Use Permit Tn The Light Commercial District; Providing Standards For Such (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur is Punishable As Provided l~n Section 1-~3 Of The Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date AGENDA 3ULY 6, 2004 VII. ITEt4S REi~UIRING INDIVIDUAL ACTION - NON-CONSENT CONTINUED C. *Reports And Recommendations (1) Report On Removal Of Abandoned Trailers Off Of Gulfway Drive (2) Report On Estimated Cost Of Providing City Services To Taylor's Landing (3) Report On The Port Arthur Redevelopment Initiative *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 & COHHI'I-rEES None IX. *CLOSED MEETING (EXECUT]VE 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: "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 AGENDA 3ULY ~ 2004 l'X. *CLOSED MEETI'NG (EXECUTI'VE SESSt'ON) - CONT1~NUED Closed Meetinq: (1) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As It Pertains To Southeast Texas Community Development Corporation ("SETCDC'~ (2) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As It Pertains To HOT (3) Section 551. 071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To MODEL (4) Section 551.087 Government Code - To Discuss Incentives For Commercial And Industrial Business Prospects That Will Be Coordinated With The EDC (5) Section 551.074 Government Code - To Discuss The Evaluations Of The City Manager, City Secretary And The City Attorney (6) Section 551.072 Government Code - To Discuss The Value Of Land On The West Side (7) Section 551.072 Government Code - To Discuss The Value Of Land In The Lakeview Area (8) Section 551.071 Government Code - To Discuss With The City Attorney Procedures As To Avoid Litigation As It Pertains To The LSI/IASIS Contract (9) Section 551.071 Government Code - To Discuss With The City Attorney Procedures As To Avoid Litigation As It Pertains To Brittany Place Apartments (10) Section 551.087 Government Code - To Discuss With The City Attorney Commercial, Industrial and Retail Incentives *The Items In Executive Session May Be Discussed And Acted On In Open X. FUTURE AGENDA ZTEMS 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. Xl'. AD3OURNMENT OF MEETt'NG RULES OF DECORUM - PERSONS ADDRESSTNG COUNCTL & AUDTENCE MEMBERS RecogniUon by Presiding Officer, No person shall address the Council without first being recognized by the Presiding Officer. 2. $,~eakJng 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 the permission of the Presiding Officer. 3. 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. 4. 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. 5. Campaign Speeches Prohibited. No persons will be allowed to address the City Council by making campaign speeches for or against any candidate who has announced or does announce his intention to run, or issue already ordered on a ballot for elecfion. 6. 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. 7. £imitations 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. 8. Persons Having Complaints, A/legations/ or Charges Against Indiy/dua/ City Emplo}=~---. 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. ENFORCEMENT OF DECORUM Warning. All persons shall at the request of the Presiding Officer, be silent. Removal. [f, after receiving a warning from the Presiding Officer, a person persists in disturbing the meeting, such Officer may order him to remove himself from the meeting, zf he does not remove himself, the Presiding Officer may order the Sergesnt-at0arms to remove him. Resisting Removal. Any person who resists removal by the Sergeant-at-arms shall be charged with violating V.T.C.A, Penal Code 42.05. Motions To Enforce, Any Councilmember may move to require the Presiding Officer to enforce this division, and the affirmative vote of a majority of the Council shall require him to do so. 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 Reauestin; TO Be Hean~ On Aoenda 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. $~=cJfic Aoenda Item~ 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.