HomeMy WebLinkAboutMARCH 15, 2005OSCAR G. ORTIZ, MAYOR
JOHN BEARD, JR., MAYOR PRO-TEM
COUNCIL MEMBERS:
CRAIG HANNAH
FELIX A. BARKER
THOMAS J HENDERSON
MARTIN FLOOD
RONNIE H. THOMPSON
DELORIS PRINCE
MICHAEL "SNANE" SlNEGAL
Ci0, q/'
~kxas
STEPHEN FI]TGIBBONS
CITY MANAGER
EVANGELINE "VAN" GREEN
CITY SECRETARY
MARK T. SOKOLOW
CITY ATTORNEY
AGENDA
City Council
Regular Meeting
March 15, 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.
PO. 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
March :i5, 2005
S:30PPi
ROLL CALL~ ~[NVOCAT[ON & PLEDGE
Mayor Ortiz
Mayor Pm 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
'rt. PROCLAMAT'rONS & MINUTES
Minutes - March 1, 2005 - Regular
'a'[L PETTFIONS & COMMLINICAT~ONS
A. Presentation
Presentation By The Southeast Texas Hispanic Cultural And Educational
Center, Inc. Regarding Mercado Days Festival Apdl 15-16, 2005
B. Speakers
(1)
(2)
(3)
(4)
G. K. Richard Regarding City Hiring And Contracting Practices
B. 3. Prince Regarding Teenage Issues
Robert Fowler & Bryan Nellis Regarding Water/Sewer Service To Annexed
Property
3essie Dorsey Regarding Drainage And Sewage Problems From 5215
Through 5321 Terrace Avenue
Debra Ambroise Regarding Memorial High School Project Graduation
C. Correspondence
None
AGENDA
MARCH 15, 2005
VI.
PUBL:[C HEARINGS - 7:00P1'4
(1)
To Receive Public Comment As To The Effects In The Community Of The
Curfew Ordinance And As To Whether The City Should Continue, Modify
Or Abolish The Curfew Ordinance.
(2)
To Consider Whether Or Not To Issue A Specific Use Permit For A Public
Stadium In A Single Family (SF) Residential District From Highway 69 To
9th Avenue, Staff Sgt. Lucian Adams And The 67th Street Right-Of-Way
(Z05-02).
UNF~'N~SHED 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. 13043 - A Resolution Appointing Directors And/Or
Advisory Directors To The City Of Port Arthur Section 4A Economic
Development Corporation.
CONSENTAGENDA
NOTICE TO THE PUBL/C: 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.
Consideration And Approval Of Awarding A Bid For A Replacement Engine
For A 1996 G.M.C. Top Kick Tow Truck (Equipment #1229) To Smart's
Truck And Trailer Of Beaumont, Texas In The Amount Of $11,952.75 For
The Public Works Department (Solid Waste Division).
Consideration And Approval For The Purchase Of A Radio Telemetry
System For The Sea Rim Pump Station And Ground Storage Tank To
BLOC Design Build, LLC Of Longview, Texas In The Amount Of $7,686.00
For The Utility Operations Department (Water Distribution Division).
2
AGENDA
MARCH 15, 2005
VL CONSENTAGENDA-CONT/NUED
Consideration And Approval For The Renewal Of A Second Year Contract
For Leachate Hauling From The City's Landfill To Triangle Waste Solutions
Of Nederland, Texas In The Unit Price Of $49.64 Per Hour With No Hourly
Minimum Charge (Public Works Department - Solid Waste Division).
D. Expense Reports
Mayor Oscar G. Ortiz:
Attend Jefferson County Days In Austin, Texas,
February 12 - 15, 2005
$ 864.45
Mayor Pro Tern John Beard, Jr.:
Reimbursement For Luncheon With EDC Chairman,
January 6, 2005
39.36
Coundlmember Martin Flood:
Attend Jefferson County Days In Austin, Texas,
February 12- 15, 2005
$ 1,055.67
Councilmember Michael "Shane' Sinegah
Attend Jefferson County Days In Austin, Texas,
February 12 - 14, 2005
$ 1,052.75
Councilmember Ronnie Thompson:
Attend Jefferson County Days In Austin, Texas,
February 12 - 14, 2005
$ 868.41
Councilmember Deloris "Bobble" Prince:
Attend Youth Advisory Council Conference In LaPorte, Texas,
February 25 - 27, 2005 $
269.38
Resolutions - Consent
(i)
P. R. No. 13047 - A Resolution Designating And Establishing The Mercado
Days Festival Entertainment Area For 2005, Designating Southeast Texas
Hispanic Cultural & Educational Center, Inc. As Exclusive Concessionaire
And Authorizing The City Manager To Execute An Agreement With
Southeast Texas Hispanic Cultural & Educational Center, Inc.
AGENDA
MARCH 15, 2005
V~. CONSENTAGENDA-CONT[NUED
(2)
P. R. No. 13056 - A Resolution Authorizing The Mayor Of The City Of Port
Arthur To Execute A License Renewal With The Department Of The Army
For The Use And Maintenance Of Pleasure Islet Road On U. S.
Government Property.
(3)
P. R. No. 13059 - A Resolution Accepting The United States Department
Of Homeland Security's Office For Domestic Preparedness Fiscal Year 04
Assistance To Firefighters Grant For An Aerial Ladder Truck :in The
Amount Of $580,488 And With A Requirement For $248,780 :in Matching
Funds For A Total Project Of $829,268, Accepting A Commitment For A
Donation Of $100,000 From Motiva Enterprises, Accepting A Donation Of
$25,000 From ExxonMobil, Thanking Former Congressman Lampson,
Senator Hutchinson, The Chamber Of Commerce, Southeast Texas
Regional Planning Commission, Governor Perry And Senator Comyn For
Their Assistance, And Authorizing The Fire Chief And The City Manager Or
Their Designee To Take Such Action As To Accept The Grant Agreement.
(4)
P. R. No. 13062 - A Resolution Approving An Invoice Or Invoices Of The
City Of Port Arthur Section 4A Economic Development Corporation
Viii. TFEMS REQU[R~[NG 'rND[V:[DUAL ACT[ON - NON-CONSENT
A. Resolutions
(ii
P. R. No. 13002 - A Resolution Approving Change Order No. Two To The
Contract Between The City Of Port Arthur And AIlco, LTD Related To The
Wastewater Rehabilitation Project (Decreases The Contract Amount By
$586.99 :increases Contract Time By 38 Calendar Days); Account No.
426-1625-532.83-00, Project No. 426ALL.
(2)
P. R. No. 13061 - A Resolution Authorizing The City Manager To Execute
A Master Service Agreement With Garner Environmental Services, :[nc.
4
AGENDA
MARCH 15, 2005
VII. 19'EMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT- CONTINUED
(3)
P. R. No. 13063 - A Resolution Authorizing Acceptance Of The Certificate
Of Completion, Contractors' Certificate And Release, And Contractors'
Certificate Of Guarantee For The Completion Of The Public Improvements
(Roads, Storm Sewers, Water System And Sanitary Sewers) To Serve
Greenway Pointe Estates Subdivision, And Authorizing The City Manager
To Sign The Certificate Of Acceptance And Authorizing The Release Of
Liens On Certain Residential Lots Within This Subdivision On Behalf Of
The City Of Port Arthur, Texas And Authorizing An Extension In The
Incentive Agreement With ICON Builders, LLC And Payment Of $41,429.
(4)
P. R. No. 13064 - A Resolution Authorizing The Mayor And City [Vlanager
To Execute A Contract For Professional Services Between The City Of Port
Arthur And Dikita Enterprises Of Texas, Inc. Of Port Arthur, Texas To
Design Improvements For The Widening Of West 7th Street; Said Contract
Not To Exceed An Amount Of $47,870, Funds Being Available In CIP 004,
Account Number 301-1601-591.86-00.
(5)
P.R. No. 13065 - A Resolution Approving The AppJication For Low Income
Tax Credits As It Pertains To Southwood Crossing Apartments, LP
B. Ordinances
P. O. No. 5497 - An Ordinance Amending Chapter 86 Of The Code Of
Ordinances As It Pertains To Solid Waste And Adding Article V. Fines, And
Providing For An Effective Date And For Publication.
(2)
P. O, No. 5505 - An Ordinance Amending Section 106-121 Of Chapter 106
Of The Code Of Ordinances As It Pertains To Traffic, Designating Certain
Streets In The Vicinity Of DeQueen Elementary School As One-Way
Streets During The Hours Of 7:30 A.M. To 9:00 A.M. And 2:30 P.M. To
4:30 P.M. And Providing For An Effective Date And For Publication.
(3)
P. O. No. 5506 - An Ordinance Authorizing The City Hanager To Enter
Into An Incentive Agreement With P.A. Royal Homes Development
Corporation.
AGENDA
MARCH 15, 2005
ri'EMS REQU~'RING INDIVIDUAL ACT/ON - NON-CONSENT- CONTINUED
(4)
P. O. No. 5507 - An Ordinance Amending The Zoning Ordinance Of The
City Of Port Arthur By Granting A Specific Use Permit For An Institution Of
Religious, Charitable Or Philanthropic Nature In A Single Family Zoning
District On Tract 2, Four Acres Out Of Lot 8, Block :[2, Port Acres, Por~
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. (Z05-01 CHRISTIAN LIFE
CRISIS INTERVENTION - 2685 65TM STREET)
C. *Reports And Recommendations
(:1)
(2)
(3)
Report On Dangerous Animals
Report On CDBG Allocations/Applications/Recommendations
Updated Report On Sewer Improvements Including Alley & Street Repairs
*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.
VlIL REPORTS OF BOARDS & COHMITTEES
None
IX. *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 55:1 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
MARCH 15, 2005
*CLOSED ~4EET~'NG (EXECUT:D~/E SESS~'ON) - CONT'/NUED
Closed Meetinq:
(1) Section 551.071 Government Code - To Discuss With The City Attorney
Potential And Pending Litigation As It Pertains To Revolving Loans.
(2) Section 551.087 Government Code To Discuss Incentives For
Commercial, Residential, Medical And Industrial Business Prospects.
(3) Section 551,071 Government Code - To Discuss With The City Attorney
Pending And Potential Litigation As It Pertains To EDC Incentive Projects.
(4) Section 551.071 Government Code - To Discuss With The City Attorney
Potential Litigation As It Pertains To Brittany Place Apartments.
(5) Section 551,071 Government Code - To Discuss With The City Attorney
Potential Litigation As To Persons And Companies That Litter. (Requested
By Councilmember Henderson)
(6) Section 551,071 Government Code - To Discuss With The City Attorney
Pending And Potential Litigation As It Pertains To Eastex Waste,
*The Items In Executive Session May Be Discussed And Acted On In Open
Session
FUTURE AGENDA :L'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.
AD3OURNMENT OF HEL=T~NG
NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To
Recess The Meeting And Reconvene At 8:30AM On March 16, 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
Recognition by Presiding OfFicer. NO person shall address the Council without first being recognized by the Presiding Officer.
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.
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. Ali 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 pe~nission of the Presiding
Officer.
6.
7.
8.
g.
10.
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 called to order by the Presiding Officer. if such conduct continues, such person may, at the
discretion of the Presiding Officer, be ordered barred from further audience before the Council during that meeting.
Addresses after mo~ion made or public hearing closed. After a motion has been made or a pubic hearing has been c~osed, 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.
Campaign Speeches. No person will be allowed to address the City Counci{ 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.
Persons having complaints, agegatioos, 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.
Disorderly Conduct. No person in the audience shall engage in disorderly conduct such as hand clapping, stamping of feet,
whisffing, using profane language, yelling, and similar demonstrations which conduct disrupts the peace and good order of the
meeting.
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.
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 Counci~ and the least amount of discomfort
to the public in attendance.
ENFORCEMENT OF DECORUM
Warning. AI~ 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 himseff from the meeting, if he does net remove himself, the Presiding Off"~cer may order the Sergeant.At.Arms to remove him.
Resisting Removal. Any person who resists removal by the Sergeant-A~-Arms shall be charged with viotating 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 Requestinq To Be Heard On A~qenda Items (l) Residents. Any resident who wishes to address the Council may do so by notifying the
City Secretary no ~ater than 5:00 p.m. on the Thursday prior to the scheduled meeting. The person shal~ specify the particular subject matter
of such address. The City Secretary shal~ 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 c~aims 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 Agenda 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 Counci~ 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 k~eefings Law and which becomes the subject of a motion before the Council