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HomeMy WebLinkAboutJanuary 18, 2005 STEPHEN FITZGIBBONS OSCAR G. ORTIZ, MAYOR CITY MANAGER JOHN BEARD, JR., MAYOR PRO-TEM EVANGELINE "VAN" GREEN COUNCIL MEMBERS: CITY SECRETARY CRAIG HANNAH City of MARK T. SOKOLOW FELIX A. BARKER CITY ATTORNEY THOMAS J. HENDERSON MARTIN FLOOD RONNIE H. THOMPSON DELOR[S PRINCE MICHAEL "SHANE" S~NEGAL Texas AGENDA City Council Regular Meeting January 18, 2005 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 ARTHUR, TEXAS 77641-1089 · 409/983-8115 ° FAX 409/983-8291 City Council Meeting City Hall Council Chamber City Of Port Arthur 3anuary :[8, 200S S:30PM I. ROLL CALL~ INVOCATZON & PLEDGE Mayor Ortiz Mayor Pro Tern Beard Councilmember Hannah Councilmember Barker Councilmember Henderson Councilmember Flood Councilmember Thompson Councilmember Prince Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow ZT. PROCLAMATIONS & MTNUTES Minutes - 3anuary 4, 2005 - Regular Meeting .lanuary 10, 2005 - Special Meeting I'rZ. PE ~ ~ ~ ~ONS & COMMUNICA'rZONS A. Speakers (1) Noel Ozen And Sherry Kenner Regarding Problems In Port Arthur Apartment Complexes in Police District Four (2) Gregory Flores Regarding Mardi Gras (3) Luverda Batiste Regarding Responding To City Council Resolution Pertaining To MODEL Acceptance (4) Sherrie Beckett Regarding The Black Heritage Festival Of Southeast Texas February 6-13, 2005 (5) Roosevelt Perry, .lr. Regarding Recognition Of Premcor's Support Of Local Businesses B. Correspondence ' None AGENDA JANUARY 18, 2005 ZV. PUBLI'C HEARZNGS - 7:00PM To Review Plans For The Proposed Dis-Annexation And Release Of Extraterritorial Jurisdiction Of The Properties Being The Municipal Corporation Boundary For Taylor's Landing. V. UNFINISHED BUSI~NESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On These Items: Resolutions: (1) P.R. No. 12974 - A Resolution Authorizing The City Manager To Execute A Three Year Agreement With T&N Laboratories & Engineering Of Beaumont, Texas To Provide Methane Gas Monitoring Services At The City's Municipal Landfill, MSW Permit No; 1815, In The City Of Port Arthur, Texas In The Amount Of $2,400. Per Year For A Total Of $7,200. Funds Are Available In The Public Works - Solid Waste Division FY2005 Budget Account No. 403-1274-533.54;00 Each Subsequent Year Will Be Budgeted For In That Year's Budget. (2) P.R. No. 12992 - A Resolution As It Pertains To An lrnvestigation As To The Incidents At The 400 Block Of Procter Street On Or About December 4, 2004 And The Resulting Processing Thereof. 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 Alter The Items Not Requiring Separate Discussion Have Been Acted Upon. AGENDA JANUARY 18, 2005 VI. CONSENT AGENDA - CONTTNUED A. Consideration And Approval For The Purchase Of Twenty Nine Motorola Portable Radios W/Accessories From Kay Electronics Of Beaumont, TX Tn The Amount Of $105,382.14 For The Police Department. B. Consideration And Approval To Rollover The Existing Contract With American Waste Services, Inc. For Furnishing Chemical Toilets (To Be Placed On Vadous City Parks And At Special Events Throughout The Year) Tn An Amount Not To Exceed $13,000. C. Consideration And Approval Of Awarding A Bid For The Monthly Calibration Of Air Honitors To Safety Associates Of Nederland, TX Tn The Estimated Amount Of $11,700 For The Fire Department. D. Consideration And Approval For The Purchase Of One 2005 Ford Expedition From Baby Jack Ford Of Columbus, TX l~n The Amount Of $29,052 For The Fire Department. E. Consideration And Approval For The Purchase And Installation Of A Night Scan Lighting System From Assassin Fire Service Of Port Neches, TX In The Amount Of $12,891.03 For The Fire Department. F. Consideration And Approval For The Purchase Of Twenty Nodel X26E Tasers From Taser Tnternational In Scottsdale, Arizona Tn The Amount Of $27,554.20 For The Police Department. G. Consideration And Approval Of Awarding A Bid For The Purchase Of Eight (8) Vehicles To Philpott Ford For Port Neches, TX In The Amount Of $188,702.00 For The Police Department. AGENDA JANUARY 18, 2005 VI. CONSENT AGENDA - CONTINUED Resolutions - Consent (1) P.R. No. 12968 - A Resolution Authorizing The City Manager To Rollover The Contract For The Provision Of Janitorial Services To McLemore Building Services, Inc., 110 Fargo, Houston TX 77006 For The Parks And Recreation Department Recreation Center Exercising The One (1) Year Renewal Option. Funding: Account No. 001-1~,02-551.32-00. (2) P.R. No. 12969 - A ResolUtion Awarding A Contract For Construction And Rehabilitation *Of Roof "B2" At The Recreation Center, 1308 9th Avenue, To Monument Constructors, P. O. Box 627, Beaumont, .TX 77704 For An Amount Not To Exceed $34,715. Funding: Account Nos. 001-1402- 551.32-00; C29101, C28101. (3) P.R. No. 12988 - A Resolution Authorizing The Payment Of The Annual STAN Contract (Southeast Texas Alerting Network), A Public Awareness System Designed To Communicate Important Information To The People Of Southeast Texas, In The Amount Of $5,827.22 And Charged To Account Number 001-1101-521.61.03. (6) P.R. No. 12989 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. (7) P.R. No. 12990 - A Resolution Authorizing The Mayor And City Manager To Execute A Contract For Professional Services Between The City Of Port Arthur And Chica 8< Associates, Inc. Of Beaumont, Texas To Provide A Warrant Study For A Traffic Signal At gm Avenue And Lake Arthur Drive; Said Contract Costing $4,000, Funds Being Available In Public Works Engineering Account Number 001-1202-531.54-00. (8) P.R. No. 12991 - A Resolution Authorizing The City Manager To Execute A Contract With Alpha-Lee Enterprises, Inc., Regarding The July 4, 2005 Fireworks Display. Total Cost Of The Contract Is $14,800; (Account No. 001-1003-512.59-00 Mggg01) (Requested By City Manager) (9) P.R. No. 12993 - A Resolution Authorizing The Second Year Of The Existing ,lanitodal Services Contract For The Utility Operations Department Services Center Approved On December g, 2003 With Southeast Texas Building Services Of Nederland, Texas For A Sum Not To Exceed $5,880.00; Account No. 410-1254-532.59-00. AGENDA JANUARY 18, 2005 VZ. CONSENT AGENDA - CONI'ZNUED (10) P~ R. No. 12999 - A Resolution Authorizing The Mayor And City Manager To Execute A Contract B~tween The City Of Port Arthur And Mike Barnett Construction For The Replacement Of The Main WWTP Administration Building Roof In The Amount Of $10,788.00; Account No. 410-1256- 532.92-00. VTZ. XTEMS RE(~UZRING ZNDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P.R. No. 12994 - A Resolution Authorizing The Mayor And City Manager To Execute A Contract For Professional Services Between The City Of Port Arthur And Bob Shaw Consulting Engineers Of Port Arthur, Texas For The Design Of Drainage Improvements For West 19th Street And Terminal Road; Said Contract Not To Exceed An Amount Of $36,000, Funds Being Available ][n The Fiscal Year 2005 Budget, Account No. 001-1202-531.59- 00. (2) P.R. No. 12995 - A Resolution Approving Additional Funding For The ][ndependent Audit Being Performed By Gayle W. Botley & Associates As Approved By City Council Resolution 04-199. (3) P.R. No. 12996 - A Resolution Authorizing The City Manager To Sign An Agreement With Smith, Jackson, Boyer & Bovar To Do A Forensic Audit, Account No. 105-1431-552.54-00; Project No. C30144 (4) P.R. No. 12997 - A Resolution Rescinding Resolution No. 04-428 As It Pertains To An Economic ][ncentive Agreement Between The City Of Port' Arthur Section 4A Economic Development Corporation And 3D Architectural IVletal Sales, ][nc. (5) P.R. No. 13000 - A Resolution Authorizing The City Manager To Negotiate A Contract With Dikita Engineering Services For The Widening Of West 7th Street And Related Development. (Requested By City Manager) (6) P.R. No. 13001 - A Resolution Approving An ];nvoice Or ][nvoices Of The City Of Port Arthur Section 4A Economic Development Corporation. (7) P.R. No. 13003 - A Resolution As ][t Pertains To An Advisory Economic ][ncentive Committee. AGENDA JANUARY 18, 2005 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED B. Ordinances (1) P.O. No. 5478 - An Ordinance Denying Entergy Gulf States, Inc.'s Request To Change Rates In This IVlunicipality; Authorizing Entergy Gulf States, Inc.'s Request To Withdraw The Statement Of Intent Requesting A Change Of Rates In The Hunicipality; And Providing A Requirement For Reimbursement Of Costs Incurred By The City. (2) P.O. No. 5486 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning On The S210 Feet Of The E150 Feet Of Lot :21, Peek, And The E150 Feet Of Lot 23, Peek, Port Arthur, .lefferson County, Texas From Two Family Residential To Industrial (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 Alter Publication Date. (Z04-t0 Figueroa - Wilson Avenue) (3) P.O. No. 5487 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning On Lot 13, Block 4, C.H. Cox Addition, Port Arthur, .lefferson County, Texas From Single Family Residential To Light Commercial (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 Alter Publication Date. (Z04-11 Daniels - 6124 Ray Avenue) (4) P.O. No. 5489 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2004 And Ending September 30, 2005. C. *Reports And Recommendations (1) Report On Street Repairs For The Griffing Park And Pioneer Park Area Sewer Project. (2) Report On Downtown Development - Hain Street 6 AGENDA JANUARY 18, 2005 VIZ. ITEMS REQUI'RZNG INDIVIDUAL Ac'rzON - NON-CONSENT - CON'rZNUED (3) Report On CDBG Allocation Guidelines (4) Report On EDC Business Park Maintenance (Requested By Counci member Henderson) (5) Port Arthur Economic Development Corporation 2003-2004 Annual Report ~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 & COMMII'rEES None O(. *CLOSED MEETING (EXECUTIVE 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 Closed Meetinq: (1) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To The Incidents On December 4, 2004 At 3100 Procter Street And The Processing Thereof By The Police Department. AGENDA JANUARY 18, 2005 *CLOSED MEETZNG (EXECUTZVE SESSTON) - CONTZNUED (2) Section 551.074 Government Code - To Discuss The Duties And Responsibilities Of The City Attorney As It Pertains To The City Of Port Arthur Section 4A Economic Development Corporation. (3) Section 551.087 Government Code To Discuss Incentives For Commercial, Residential And Industrial Business Prospects. (4) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To M.O.D.E.L *The Items In Executive Session May Be Discussed And Acted On In Open Session X. FUTURE AGENDA Z'I'EMS 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. Xl', AD3OURNMENT OF MEE'rZNG Recess The Meeting And Reconvene At 8:30AM On .lanuary 19, 2005. 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 - PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS 1. Recognition by Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. 2. Spokesman for group of persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons whishes to address the Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesman be chosen by the group to address the Council and, In case additional matters are to be presented by any other member of such group, to limit the number of such persons addressing the Council. 3. Speaking 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 the Subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and, unless further time is granted by majority vote of the Council, shall limit his remarks to (5) five minutes. All remarks shall be addressed to the Council as a whole and not to any member of the Council. 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. 4. Improper references, disorderly conduct by persons addressing 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 of any meeting, hearing or other proceedings, shall be celled to order by the Presiding Officer. If such conduct continues, such person may, at the discretion of the Presiding Officer, be ordered ban'ed from further audience before the Council during that meeting. 5. Addresses after motion made or public hearing closed. After a motion has been made or a pubic 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. 6. Campaign Speeches. No person 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. 7. Persons having complaints, allegations, or charges against individual city employees. No person shall make any complaint, specific allegation or charge against an individual city employee by name in a public meetings unless he first shows that he has pursued appropriate administrative channels. 8. 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 disrupts the peace and good order of the meeting. 9. Person authorized to be within rail. No person except members of the Council and the city staff shall be permitted wthin the rail without the consent of the Presiding Officer. t0. Limitations 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 the proceedings of the Council and the least amount of discomfort to the public in attendance. ENFORCEMENT OF DECORUM Warning. Ail 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-At-Arms 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 Requeatin,q To Be Heard On A=enda Items (t) Residents. Any resident who wishes to address the Council may do so by notifying the City Secretary no later than 5:00 p.m. on the Thursday prior to the scheduled meeting. The person shall specify the particular subject matter of such address. The City Secretary shall place the names of those requesting to address the Council on the agenda with the agenda item. (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. Upon timely notification, a nonresident shall be permitted to address the Council when the applicant claims an interest in a matter on the Council's agenda and he is so situated that the disposition of the agenda may, as a practical matter, impair or impede his ability to protect that interest. The Presiding officer shall have the power to deny a nonresident the opportunity to address the Council when his interest in the matter is not deemed by the Presiding Officer to be sufficient, or where the applicant's interest can be adequately represented by residents addressing the Council. Specific Ac~enda Items 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 (3) three minutes. Specific agenda items are defined as any items 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.