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HomeMy WebLinkAboutNovember 9, 2004OSCAR G. ORTIZ, MAYOR STEPHEN FITZGIBBONS JOHN BEARD, JR., MAYOR PRO-TEM CITY MANAGER COUNCIL MEMBERS: EVANGELINE "VAN" GREEN CRAIG HANNAH Ci(y of CITY SECRETARY FELIX A. BARKER MARK T. SOKOLOW THOMAS J. HENDERSON CITY ATTORNEY MARTIN FLOOD RONNIE H. THOMPSON DELORIS PRINCE MICHAEL "SHANE" SINEGAL Texas AGENDA City Council Regular Meeting November 9, 2004 8:30 a.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. I~0. BOX 1089 · PORT ARTHUR, TEXAS 77641-1089 . 409/983-Bl15 · FAX 409/983-8291 City Council Meeting City Hall Council Chamber City Of Port Arthur November 9, 2004 8:30AM ROLL CALL~ ZNVOCATTON & 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 ZZ. PROCLAMATZONS & MTNUTES Minutes I Regular Meeting October 26, 2004 ~loint/Special Meeting October 26, 2004 ITT. PL=I'~T~ONS & COMMUNI'CATZONS A. Presentation (1) Presentation By Dr. Albert Thigpen Of The Medallists From The Senior Olympic Games Held l'n Temple, Texas Last Month (2) Presentation Of Awards To Winning Recipients Tn "Operation Clean Sweep" Logo Contest B. Speakers (1) Thomasene Thomas And Doris Hayes Regarding Westside Development (2) Edna Gonzalez Regarding Helping The Hispanic Community C. Correspondence None AGENDA NOVEMBER 9, 2004 ZV. PUBLI'C HEARINGS - 9:00AM To Consider Whether Or Not To Allow Duncan Oil To Drill An Oil Or Gas Well Located On The South Side Of South Gulfway Drive 6500 Feet West Of The 4-Way Stop. V. UNFZNZSHED BUSZNESS The Following l~tem Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This ]~tem: P. O. No. 5467 - An Ordinance Pertaining To The Developer Participation Contract With Platinum Choice Tnvestments, LLC. VZ. CONSENT AGENDA NOTZCE TO THE PUBLZC: The Following Ttems Are Of A Routine Or Administrative Nature. The Council Has Been Furnished With Background And Support Material On Each ztem, And/Or It Has Been Discussed At A Previous Meeting. All Ttems Will Be Acted Upon By One Vote Without Being Discussed Separately Unless Requested By A Council Member Or A Citizen, Tn Which Event The Ttem Or Items Will l'mmediately Be Withdrawn For l'ndividual Consideration In ]~ts Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Consideration And Approval Of Payment To The Southeast Texas Regional Planning Commission In The Amount Of $29,756.84 For Fiscal 2005 Dues And Program Support. B. Consideration And Approval To Rescind The Bids Received From Hiller Uniforms And Emblems 1'nc., Austin, TX For The Purchase Of Police Department Uniform Shirts And Award The Bid To'Code Blue Police Supply Of Beaumont, TX In The Estimated Amount Of $8,765.30. C. Consideration And Approval Of Awarding A Bid For One Sludge Grinder/Comminutor To Southwestern Environmental Equipment Technicians Of Dallas, TX In The Amount Of $14,500.00 For The Utility Operations Department (Wastewater Treatment Division). 2 AGENDA NOVEMBER 9, 2004 VZ. CONSENT AGENDA - CONTINUED D. Consideration And Approval Of Awarding A Bid For Two Horizontal Tnduction Process Water Pumps To DXP Enterprises Of Beaumont, TX Tn The Amount Of $3,656.00 For The Utility Operations Department (Wastewater Treatment Division). E. Consideration And Approval To Reject The Bid Received From Master Pump & Equipment Of Houston, TX For One Submersible Non-Clog Sewage Pump (P-2) For The Valley Forge Lift Station Tn The Amount Of $9,856.00 For The Utility Operations Department (Wastewater Conveyance Division) And Authorization To Re-Advertise For Bids. F. Consideration And Approval Of Awarding A Bid For Fencing At The Highway 365 Lift Station To Mike Barnett Construction Of Port Neches, TX In The Amount Of $6,837.00 For The Utility Operations Department (Wastewater Conveyance Division). G. Consideration And Approval Of Payment To Houston Area Library Automated Network (HALAN) Tn The Amount Of $28,004.00 For FY 2005 Computer Services For The Port Arthur Public Library. H. Consideration And Approval Of Awarding A Bid To Burkart's House Moving & Plumbing (Orange, TX) Tn An Amount Not To Exceed $6,000.00 For The Moving, Strapping Down, Blocking And Leveling Of One (1) Portable Building From Pease Elementary School. Consideration And Approval Of Payment For The City's Share Of The 2005 Greater Port Arthur Chamber Of Commerce Community Calendars Tn The Amount Of $7,500.00. Resolutions - Consent (1) P.R. No. 12878 - A Resolution Authorizing The Mayor And City Manager To Execute A Contract For Professional Services Between The City Of Port Arthur And Chica & Associates, Thc., Of Beaumont, Texas To Develop A Proposal To The Texas Department Of Transportation For Pass~Through Tolling For ]~mprovements To The Intersection Of FM 365 And Spur 93; Said Contract Not To Exceed An Amount Of $15,000, Funds Being Available In CIP 001, Account No. 303-1603-591.54-00. 3 AGENDA NOVEMBER 9, 2004 Vi', CONSENT AGENDA - CONTZNUED (2) P.R. No. 12879 - A Resolution Assigning To The ,lefferson County Housing Finance Corporation The Authority Of The City, Acting Through The Port Arthur Housing Finance Corporation, To Issue Qualified Mortgage Bonds In Calendar Years 2005 And 2006; Approving The Making Of Home Mortgage Loans Within The City From The Proceeds Of Bonds Issued By The .lefferson County Housing Finance Corporation During Such Calendar Year; And Repealing Prior Resolutions Or Orders In Conflict Herewith. (3) P.R. No. 12883 - A Resolution Authorizing The Renewal Of A Contract With ICU Environmental, Health & Safety For Asbestos Abatement Consulting Services. Account No. 105-1431-552.59-00, Project No. C30120. (4) P.R. NO. 12885 - A Resolution Authorizing The City Manager To Execute An Agreement Between Tekoa Academy Charter School And The City Of Port Arthur For The Use Of A Portion Of The Port Arthur Recreation Center For The Remainder Of The 2004-2005 School Year (5) P.R. No. 12886 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. (6) P.R. No. 12887 - A Resolution Awarding A Bid And Authorizing The Execution Of A One (1) Year Contract Between The City Of Port Arthur And L.D. Construction Of Beaumont, Texas For Planing And/Or Texturing Of Pavement On A Unit Cost Basis For Various City Funded And Community Development Block Grant (CDBG) Funded Street Projects; Proposed Funding: Street Division FY 2005 Budget Account 001-1203- 531.36/51/86 And The 30th Year CDBG Street Project Accounts. (7) P.R. No. 12888 - A Resolution Authorizing The Chief Of Police And The City Manager To Apply To Texas State University To Obtain A Grant Of $7,000 To Be Used For Programs To Prevent The Unauthorized Use Of Tobacco And To Sign The Necessary Papers To Accept The Grant. (8) P.R. No. 12889 - 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. 4 AGENDA NOVEMBER 9, 2004 Vl', CONSENT AGENDA - CONTLNUED (9) P.R. No. 12895 - A Resolution Authorizing The Calling Of A Public Hearing To Consider Whether Or Not Public Convenience And Necessity Require The Operation Of Proposed Wrecker Business For Jesus Figueroa. (10) P. R. No. 12897 - A Resolution Authorizing The Calling Of A Public Hearing To Consider Whether Or Not Public Convenience And Necessity Require The Operation Of Proposed Taxi Business. (11) P.R. No. 12898 - A Resolution Authorizing An Agreement With The Texas Department Of Transportation For The Purchase Of One Transit Vehicle. (12) P.R. No. 12899 - A Resolution Authorizing The City Manager To Execute A Grazing Lease For Property Located On Portion Of Land Referred To As "Old Canal R.O.W." (13) P.R. No. 12905 - A Resolution Authorizing The Truth And Education Corporation To Utilize Room 201 Of The City Hall Annex As A Temporary Office As To Create A Nonprofit Public FM Station. VZT. ZI'EMS RE(~UIRZNG 'rNDZVTDUAL ACTION - NON CONSENT A. Resolutions (1) P.R. No. 12880 - A Resolution Confirming The Appointment Of Mary Ann Reid As A Member Of The Civil Service Commission Of The City Of Port Arthur For A Term Ending February 1, 2007 (2) P.R. No. 12881 - A Resolution Confirming The Appointment Of Natalia Rios As A Member Of The Civil Service Commission Of The City Of Port Arthur For A Term Ending February 1, 2006 (3) P.R. No. 12890 - A Resolution Authorizing Filing An Application With The U. S. Environmental Protection Agency For An Additional Brownfields Assessment Grant. (4) P.R. No. 12891 - A Resolution Reappointing Members To The Planning And Zoning Commission. AGENDA NOVEMBER 9, 2004 VII. ITEMS RE(~UIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (5) P.R. No. 12892 - A Resolution Appointing Members To The Construction Board Of Adjustments And Appeals (6) P.R. No. 12900 - A Resolution Ratifying And Confirming Appointments To The Board Of Directors Of The Port Arthur Housing Finance Corporation. (7) P.R. No. 12904 - A Resolution Amending Section ! Of Article XVIII Wages Of The Collective Bargaining Agreement Between The City Of Port Arthur, Texas And The Port Arthur Police Association. B. Ordinances (1) P.O. No. 5466 - An Ordinance Abandoning And Vacating The East Thirty (30') Feet Of A Seven And One Half Foot (7.5') Wide Easement, And A One Hundred Fifty Foot (150') Long, Ten Foot (10') Wide Utility Easement !n Lot 10, Wignall Addition In Port Arthur; Accepting The Dedication Of A Replacement Easement And Approving A Developer Participation Contract And Providing For The Effective Date Of This Ordinance. (2) P.O. No. 5470 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2004 And Ending September 30, 2005. (3) P.O. No. 5472 - An Ordinance Approving The City Manager's Employment Offer To John Comeaux, PE, CSP., As Director Of Public Works. C. *Reports And Recommendations (1) Report On Usage Of Local (Port Arthur) Vendors & Contractors (2) Report On Loud Music Citations *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 & COMIVmm m m EES None AGENDA NOVEMBER 9, 2004 *CLOSED HEETZNG (EXECUTZVE 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 Meetinq: (1) Section 551.087 Government Code - To Discuss Economic Incentives For Residential, Commercial, Retail And Industrial Business Prospects. (2) Section 551.071 Government Code - To Discuss With The City Attorney Procedures As To Avoid Litigation As To Processes And Procedures Of The City Of Port Arthur Section 4A Economic Development Corporation Consultants And Grantees. *The Items In Executive Session May Be Discussed And Acted On In Open Session X. FUTURE AGENDA Z'rEMS 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. AD3OURNlUlENT OF I~IEETING RULES OF DECORUM - PERSONS ADDRESSING COUNCZL & AUDTENCE MEMBERS 1. Recognition by Presid/#g Officer. No person shall address the Council without first being recognized by the Presiding Officer. 2. Speakin§ Procedure/LimitaUon 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. Xmproper References, Disorderly Condu~t By Person Addressing The Cound~, 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 I~otJon t4ade or Public IfemYng 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 se 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 election. 6. L~Jserderly Conduc~ 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. L/m/rations on Use o£ 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. Per~ons Hay/rig Complaints, Allega~ons, or Charges Aga/nst XndJvJdual City Employee~ 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 WareJng. All persons shall at the request of the Presiding Officer, be silent. Removal. If, 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. If he does not remove himself, the Presiding Officer may order the Sergeant-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 Enferce. 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 ReauestJna To Be Heard On Aoenda .rtem$ (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. SDecJfic Aaenda ,~tem~ 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 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 thee (3) minutes. "Specific Agenda /tems' 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.