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HomeMy WebLinkAboutJANUARY 11, 2011 REGULAR MEETING DELORIS "BOBB[E" PRINCE, MAYOR � STEPHEN FI'fZGIBBONS MORRIS ALBFtIGHT, [II, MAYOR PRO TEM CITY MANAGER Ener�p, COU'VCII.. MEiv1BERS: Ci�ly of �.� TE,RRI HANKS JACK CH.ATMAN, JR. CITY SECRETARY ELIZ,ABE'CH "1L17," SEGLER MARTIN FLOOD VAL TIZENO JOHN BEARD, J K. O T 1 r t h u�- CITY ATTORNEY ROBERT E. WIL.LIAMSON D. KAY WISE Texas THO'VIAS J. HF;NI)ERSON C�ity Councit Regular Meeting )anuary 1� 2011 5c30 p.m. In campliance with the Americans With Disabilities Act, the City of Port Arthur will prov�de for reasonab[e accommodations for persons attending C7�ty Council meet�ings. To better serve you, requests should be received 24 hours prior to the mee�ing. P[ease contact the C�ity Secr�tary's Of�ce, at (409� 983-81£. P.O. BOX 1089 � PORT ARTfiUR, TEXAS 77641-]089 • 409/983-8115 � FAX 409/983-8291 City Council Meeting City Hall Council Chamber City Of Port Arthur January 11, 2011 5:30PM PLEA�iE TURN OFF OR MUTEALL CELL PHONES I. INVOCATION, PLEDGE 8 ROLL CALL Mayor Prince _ Mayor Pro Tem Albright III Councilmember Chatman Councilmember Segler _ Councilmember Flood Councilmember Beard Councilmember Williamson Councilmember Wise Councilmember Henderson City Manager Fitzgibbons _ Acting City Secretary Bellard _ City Attorney Tizeno _ Sergeant At Arms: Police Chief Blanton Or Desicanee _ II. PROCLAMATIONS & MINUTES Proc lamations Minutes January 4, 2011 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers - None B. Presentations - None C. Correspondence - None None IV. PUBLIC HEARINGS - 7:00 PM - None AGENDA JANU��RY 11, 2011 V. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: (1) P. O. No. 6117 - An Or��inance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting A Zoning Change From Single- Family To Neighborhood Services For 0.321 Acres Of Land Consisting Of Lots 4& 5, Block "G", Port Arthur Heights Addition, AKA 824 And 836 Gulfway Drive, City Of Port Arthur, Jefferson County, Texas (Violation Of This Ordinance And The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Sections 1-13 Of The Code Of Ordinances As Amended By A 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. Z10-04 (Corine & Benjamin Jones) "SF" Single-Family To "NS" Neighborhood Services> (2) P. O. No. 6126 - An Or�dinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing A 5.275 Acre Tract, Reserve "C", Fairway Estates, Port Arthur, Jefferson County, Texas From Single-Family To Pl�nned Development District 35 (PD-35); Violation Of This Ordinance And The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Sections 1-13 Of The Code Of Ordinances As Amended By A Fine Not Exceeding Two Thousand [$2,000.00] �ollars; And Providing For Publication In The Official Newspaper C�f The City Of Port Arthur And Effective Immediately After Publication Date. [Located On The South Side Of Jimmy Johnson Blvd] ;?10-08 (KBMDT VENTURE) (3) P. O. No. 6127 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing A 3.562 Acre Tract, Reserve "B", Fairway Estates, Port Arthur, Jefferson County, Texas From Single-Family To Planned Development District 36 (PD-36); Violation Of This Ordinance And The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Sections 1-13 Of The Code Of Ordinances As Amended By A Fine Not Exceeding Two Thousand [$2,000.00] Dollars; And Providing For Publication In The Official Newspaper C>f The City Of Port Arthur And Effective Immediately After PubNication Date. [Located On The North Side Of Jimmy Johnson Blvd.] Z10-07 (KBMDT VENTURE) 2 AGENDA JANUE�RY 11, 2011 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 Eac.h 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. A. Consideration And Approval Of Payment To B& R Electrical Services, Bridge City, TX In The Amount Of $12,810 For The Replacement Of Electrical Panels At The Babe Zaharias Pump Station #1 B. Expense Reports Mayor Deloris "Bobbie" Prince: National League Of Cities Conference, Denver, CO November 30, 2010 - L�ecember 4, 2010 $2,484.11 Councilmember Robert E. "Bob" Williamson: National League Of Cities Conference, Denver, CO November 30, 2010 - December 4, 2010 $2,028.88 Councilmember Elizabeth "Liz" Sec,�ler: National League Of Cities Conference, Denver, CO November 30, 2010 - C►ecember 4, 2010 $1,889.95 Acting City Secretary Sherri Bellard: 22� Annual SOS Election Seminar, Austin, TX December 3, 2010 - D�cember 5, 2010 $1,029.53 Res olutions - Consent (1) P. R. No. 16261 - A Resolution Authorizing The Certification Of Helbig CDC As A Cornmunity Housing Development Organization (CHDO) In Accordanc:e With The Requirements Of The Federal Home Program 3 AGENDA JANUE�RY 11, 2011 VI. CONSENT AGENDA (2) P. R. No. 16271 - A IResolution Authorizing The Execution Of A Contract For Grounds Maintenance, For One Year, For The Utility Operations Department With Mow-N-More Of Port Arthur, Texas, In The Total Estimated ,Amount Of Nine Thousand Eight Hundred Eighty And No/100 Do'�lars ($9,880 Contract) For Groups A And B. Funds Are Available In Account No. 410-1255-532.59-00. (3) P. R. No. 16272 - A F�esolution Authorizing The City Manager To Execute An Agreement With Norman Highway Constructors, Inc. Of Orange, Texas For The Concrete Repairs At US 69 And Jimmy Johnson Blvd. For $9,500; Funding Being Available In Account 410- 1253-532.59-00 (4) P. R. No. 16273 -- A Resolution Authorizing Change Order #2 Increasing The Project By $18,694.00 To A New Total Of $150,053.46 And Accepting The Contractor's Certificate And Release And Contractor's Certificate Of Guarantee From APAC- Texas, Inc. For S/SG�T Lucian Adams Drive Reconstruction And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions None B. Ordinances (1) P. O. No. 6124 - An Ordinance Amending Section 2-51 Of The Code Of Ordinances By Adding Subsection (d) As It Pertains To Public Hearings (2) P. O. No. 6125 - An ��rdinance Authorizing The Sale Of Surplus Furniture/Minor Equipment, Vehicles, Equipment, Or Heavy Equipment By A Public Online Auction Through Rene Bates Auctioneers, Inc. 4 AGENDA JANUARY 11, 2011 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT C. *Reports And Recommendations - None *The City Council Can Act On Any Of The Above Reports And Recommendations As To Accept The Report/Recommendation Or To Request Additional Nnformation And Records VIII. REPORTS OF BOARDS & CvMMITTEES - None IX. ADJOURNMENT OF MEETING ***********************************************,�******************************************** NOTE: If Evening Meeting E:xtends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On January 12, 2011. 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 ******************************************************************************************** s RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS 1. Recogi�ition by Presiding O�cer. No person shall address the Council without first being recognized by the Pre:siding Officer. 2. Speaking Procedure; Limitation on discussion and questioning. Each person addressing the Council shall step uFr to the microphone provided for the use of the public and give his name and address in an audible tone o1` voice for the records, state that subject he wishes to discuss, state whom he is representing if he represE:nts 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 Coi�ncil, without the permission of the Presiding Officer. 3. Impro��e� References, Disorder/y Conduct By Person Addressing The Councif Any person making, expres�sly or impliedly, personal, impertinent, slanderous, derogatory, discourteous, snide, ar profane remarN;s or who willfully utters loud, threatening or abusive language, or engages, in any disorderly conduct which would impede, disrupt, ar disturb the orderly conduct, the order by the Presiding O�cer, and if such conduct continues, may, at the discretion of the Presiding O�cer, be ordered barred from further audience before the Council during that Meeting. 4. Addresses After Motion Made o� Pub/ic Hearing C/osed. After a motion has been made vr 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 campaiign speeches for or against any candidate who has announced or does announce his intention to run, or issue already ordered on a ballot for election. 6. Disord�er/y 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 disturb�s the peace and good order of the meeting, 7. Limital`ions on Use of Supp/emental Lighting. Limitations on use of supplemental lighting for television and mi�tion picture cameras to create the least amount of interference with or disturbance of Council procee�dings and/or discomfort to the public. 8. Persons Having Comp/aints, A//egations, or Changes Against Individua/ Cily Emp/oyee� No person shall make ��ny complaint, specific allegation, or charge against an individual City Employee by name in a public imeeting unless he first shows that he has pursued appropriate administrative channels. ENFROCEMENT OF DECORUM Warning. All pNrsons shall at the request of the Presiding Officer, be silent. Remova/. If, ;�fter 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. if he does not remove himself, the presiding o�cer may or�ier the sergeant-at-arms to remove him. Resisting Remova/. 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 En,force. Any Councilmember may move to require the Presiding O�cer 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 Reau�estinq To Be Hearal On Aaenda Items (1) Residents. Any resident who wishes to address the Council on anN matter may do so by notifying the City Secretary in accordance with the Texas Open Meetings Law. (2) Nonre:sidents. 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 O�cer for approval b�:fore placing the name on the Agenda. SaeciFc Agenda Item� After a motion, second and discussion by the City Council on any specific agenda item, and before a ��ote is taken, the Presiding Officer shall recognize any citizen 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. "Spe�:ific 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.