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HomeMy WebLinkAboutMarch 29, 2005OSCAR G. ORTIZ, MAYOR STEPHEN FITZGIBBONS JOHN BEARD, JR., MAYOR PRO-TEM CITY MANAGER COUNCIL MEMBERS: EVANGELINE "VAN" GREEN CRAIG HANNAH City ~f 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 March 29, 2005 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. 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 March 29, 2005 8:30AM [. 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 1T, PROCLAMA'I~ONS & MZNUTES Minutes - March 7, 2005 Joint/Special March 7, 2005 Special PE m ~ m &ONS & COMMUNICATIONS A. Presentation Student Day In Government Student Participants: Jose Resendez, Jr. - Mayor, Ellington Ambroise - District 1, Lan Nguyen - District 2, Omar Alvarez - District 3, Charles Prince - District 4, Stacie Williams - District 5, Breona King - District 6, Dominique Johnson - Position 7, Robbie Cardenas - Position 8 B. Speakers (1) Gerald Tervalon Regarding New Delivery Transportation Service And Soup Kitchen (2) Sylvester Henry Regarding El Vista Community Center C. Correspondence Certification Of Council Member Candidates Who Have Duly Filed To Be Placed On The Ballot Of The General Flection To Be Held On May 7, 2005. AGENDA March 29, 2005 ~'V. PUBLZC HEARZNGS - 9:00AM (1) To Consider Disannexation Of The Tracts Of Tract 1 - 250.8 Acres Out Of Divisions B, C, And 4 Through 8, Dennis Gahagan League, Abstract 123, Tract 2 - 174.6 Acres Of Land Submerged, Part Of Division 1, Dennis Gahagan League, Abstract 123 And Tract 3 - 476.2 Acres Of Land, Part Of Divisions A And B, Dennis Gahagan League, Abstract 123. (2) To Consider Whether Or Not To Authorize The Chief Of Police To Issue A Wrecker Permit For American Towing V. UNFZNZSHED BUSZNESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: Resolution P. R. No. 13061 - A Resolution Authorizing The City Manager To Execute A Master Service Agreement With Garner Environmental Services, Inc. Vl'. CONSENT AGENDA NOT[CE 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 l~t 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 1;tern Or Items Will Immediately Be Withdrawn For Individual Consideration l~n Its Normal Sequence Alter The Items Not Re~luiring Separate Discussion Have Been Acted Upon. A. Consideration And Approval To Authorize The Second Year Of The Existing Agreements With AL 7'ZVZ4, B/g/er Trad, K C Znd., ?57Z, LaRoche Chernica/s And Jaeger Products For The Purchase Of Water Treatment Chemicals (When Required) For The Utility Operations Department B. Consideration And Approval For The Purchase Of One (1) 1/2-Ton Pickup Truck With Standard Bed And Extended Warranty, From Columbus Country Ford Of Caldwell, Texas For An Amount Of $14,564 For The Solid Waste Division AGENDA March 29, 2005 VZ. CONSENT AGENDA - CON'F~NUED Resolutions - Consent A. Resolutions (1) P.R. No. 13033 - A Resolution Authorizing The Execution Of A Three (3) Year Contract For ,lanitorial Services At The Transit Service Center And Transit Terminal; To CCAP., DBA Sanserve Building Services Of Beaumont, TX In The Amount Of $7,440.00 Per Year. (2) P.R. No. 13067 - A Resolution Authorizing The Second Year Of The Existing Three (3) Year Contract Between The City Of Port Arthur And Delta Security, [nc. Of Port Arthur, Texas For Security Guard Services At The Public Works Operations Center And Garage-Service Station Compound, In The Amount Of $46,092 For This Year, Total Contract Amount Being $141,868 For All Three (3) Years, Funds Being Available For FY2005 l'n Account Number 001-1201-531.59-00 (66%) And Account Number 501-1281-531.59-00 (3) P.R. No. 13069 - A Resolution To Reprogram $250,000 From Bent Tree And Park Central Village UDAG Repayment Account #106-0000-369-50- 00 To The Capital Projects Fund 301 For The $130,000 - Spray Park Project And $120,000 - Boardwalk Tower Project. (4) P.R. No. 13070 - A Resolution Authorizing The Fourth Year Of The Existing Four (4) Year Contract To CCAP, [nc. DBA Sanserve Building Services Of Beaumont, Texas For .lanitorial Services For City Hall And Annex Buildings In The Amount Of $37,433.04. Funds Are Available Tn The FY2005 City Hall Division Budget, Account No. 001-1206-531-32.00. (5) P.R. No. 13071 - A Resolution Authorizing Additional Services For The Contract Dated December 19, 2003 BebNeen The City Of Port Arthur And Arceneaux & Gates Consulting Engineers, Thc. Of Port Arthur, Texas For Redesign Of The Boardwalk Extension And Increasing The Budget For This Engineering Service By $35,000 To A Total Of $223,900. C[P 202, 303-1603-591.54-00. AGENDA March 29, 2005 Vl'. CONSENT AGENDA - CON'rZNUED (6) P.R. No. 13072 - A Resolution Authorizing The City Manager To Apply And Receive Grant Funds Along With The City Of Beaumont And ,lefferson County In An Amount Not To Exceed $174,747 Under The .lustice Assistance Grant Program (7) P.R. No. 13073 - A Resolution Authorizing A Coastal Lease Renewal Contract With The Texas General Land Office (8) P.R. No. 13075 - A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur And Kirk Matthew Vital, R. PH, To Act As The City's Pharmacist-In-Charge For The Health Department (9) P.R. No. 13079 - A Resolution Authorizing The Purchase Of Flood Coverage Through Fidelity National Tnsurance Company In The Amount Of $42,162.00 Per Annum (10) P.R. No. 13080 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. ZI'EMS RE(~UZRZNG TNDZVZDUAL ACTZON A. Resolutions (1) P.R. No. 13050 - A Resolution As It Pertains To A Sales Tax Refund Agreement With Lagrone Services, LTD (2) P.R. No. 13060 - A Resolution Authorizing The Chief Of Police To Issue A Wrecker Business Permit To American Towing Located At 6120 Gulfway Drive, Port Arthur, TX (3) P.R. No. 13066 - A Resolution Authorizing A Memorandum Of Understanding With The Port Arthur ]~ndustrial And Community Leaders Advisory Group For The Operation Of The Summer Youth Employment And Enrichment Program AGENDA March 29, 2005 VZT. ZI'EMS REQU~rRZNG 'rNDZVZDUAL AC ~ ,'ON - CONTZNUED (4) P.R. No. 13068 - A Resolution Authorizing The City Manager To Make Application To The U.S. Department Of Housing And Urban Development For A Community Development Block Grant In The Amount Of $1,565,152 And A Grant For $481,449 In Home Funds Authorizing The City Manager To Execute The City Of Port Arthur's 2005 Consolidated Annual Plan. The Consolidated Plan Will Be Submitted To The U.S. Department Of Housing And Urban Development. (5) P.R. No. 13074 - A Resolution Authorizing A Memorandum Of Understanding Between The City Of Port Arthur And The Southeast Texas Workforce Development Board For The Summer Youth Employment Program (6) P.R. No. 13077 - A Resolution Authorizing A $450,000 Incentive Agreement With Williams & Rao, LP, For An Enlarged Medical Office Building (7) P.R. No. 13081 - A Resolution Authorizing A Settlement Between Southeast Texas Community Development, Inc., Reginald Singleton, Mary Singleton, And The City Of Port Arthur Section 4A Economic Development Corporation (8) P.R. No. 13083 - A Resolution Appointing Directors And/Or Advisory Directors To The City Of Port Arthur Section 4A Economic Development Corporation B. Ordinances (1) P.O. No. 5508 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2004 And Ending September 30, 2005 (2) P.O. No. 5509 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting A Specific Use Permit For A Public Stadium Tn The Single Family Residential Zoning District, 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 :~-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 ];mmediately After Publication Date. (Z05-02 PATSD) AGENDA March 29, 2005 VIII. ITEMS REQUIRING INDMDUAL Ac~ ~ON - CONTINUED (3) P.O. No. 5510 - An Ordinance Continuing The Juvenile Curfew Ordinances As Delineated Tn Sections 62-101 To 62-106 Of The Code Of Ordinances Of The City Of Port Arthur (4) P.O. No. 5511 - An Ordinance Amending The Election Orders For The Special Election And General Election Of May 7, 2005, Deleting The Sabine Pass Port Authority, The Sabine Pass Tndependent School District, And The Port Of Port Arthur Navigational District As Participants Tn The Joint Election, Designating A New Central Counting Station Manager, Designating Election Judges And Clerks, And Making Other Changes Tn The Election Orders (5) P.O. No. 5512 - An Ordinance Amending Ordinance No. 05-07 As Tt Pertains To Releasing A Portion Of The City's Extraterritorial Jurisdiction And Disannexing A Portion Of The City's Land Along Taylor's Bayou That Tt Had Annexed For A Limited Purpose Tn 1913, All As Requested By The Taylor's Landing Homeowner's Association (6) P.O. No. 5513 - An Ordinance As Tt Pertains To The PA Royal Homes Development Corp Tncentive Agreement (7) P.O. No. 5414 - An Ordinance As Tt Pertains To I[CON Builders, LLC (8) P.O. No. 5515 - An Ordinance Authorizing An Extension For The Demolition And Removal Of Property Located At 401 Procter Street B. *Reports And Recommendations (1) 2005 Street Program (2) Possible Seizure Of Property For Delinquent Taxes And Liens (3) Proposed LNG Emissions Tn Louisiana And Potential Tmpact On Clean Air Compliance (4) February 2005 Financial Report (5) Widening of West Seventh Street And Other Development (6) Status Report On Community Prosecution Program (7) Smoking Regulations *The City Council Can Act On Any Of The Above Reports And Recommendations As To Accept The Report/Recommendation Or To Request Additional Tnformation And Records. 6 AGENDA March 29, 2003 VZI"r. REPORTS OF BOARDS & COMM.t i i EES None *CLOSED MEE'rZNG (EXECU'I'ZVE SESS'rON) Tn Order To Comply With The Requirements Of Section 551.201 Of Chapter 552 (Open Meetings Law) Of The Texas Government Code [Formerly Article 6252-17, Section 2(a)], Prior To Going Tnto 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 Tncentives Closed Meetinq: (1) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As Tt Pertains To Wrecker Services in The City Of Port Arthur (2) Section 551.072 Government Code - To Discuss With The City Attorney Potential Litigation As To Emission Permitting. (3) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation Of .lihad "Ali" Mohammed, et al., vs. Nichols Company, L.L.P., Arceneaux And Gates, And Park Central Municipal Utility District (4) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As To SETCD, Thc. And The City Of Port Arthur Section 4A Economic Development Corporation. (5) Section 551.087 - Government Code - To Discuss The Tncentives For Commercial, Residential, And Tndustrial Business Prospects *The ]Items Tn Executive Session May Be Discussed And Acted On Tn Open Session AGENDA IVlarch 29, 2005 X. FUTURE AGENDA Z'I'EF4S OR REQUESTED REPORTS Items For Future Agenda Consideration Or Reports From Staff May Be Requested But No Discussion Of Any 1*tern Or Request Shall Take Place. XI. AD3OURNt4ENT OF 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 wishes 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;/imitation 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 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. 5. Addresses after motion made or public hearing closed. After a motion has bean made or a pubic hearing has bean closeq, 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 feat, 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. 10. Limitations on use of supplemental lighting. Limitations on use of supptemental lighting for television and motion picture cameras to create the least amount of interterenca 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 Reaueatin¢~ To Be Heard On Agenda Items (1) 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 Oft]car to be sufficient, or where the applicant's interest can be adequately represented by residents addressing the Council. Specific Aoenda 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.