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HomeMy WebLinkAboutJUNE 7, 2005OSCAR G. ORTIZ, MAYOR STEPHEN FITZOIBBONS RONNIE H. THOMPSON, MAYOR PRO-TEM CITY MANAGER COUNCIL MEMBERS: EVANGELINE "VAN" GREEN WILUE LEWIS, JR. City of CITY SECRETARY FELIX A. BARKER MARK ~ SOKOLOW THOMAS J. HENDERSON CITY ATTORNEY MARTIN FLOOD JOHN BEARD, JR. DELORIS PRINCE MICHAEL "SHANE" SINEGAL Texas AGENDA City Coum:il Regular Meeting June 7, 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-Bl15 · FAX 409/983-B291 City Council Meeting City Hall Council Chamber City Of Port Arthur 3une 7, 2005 5:30PM ROLL CALL, I'NVOCATZON & PLEDGE Mayor Ortiz Mayor Pro Tern Thompson Councilmember Lewis Councilmember Barker Councilmember Henderson Councilmember Flood Councilmember Beard Councilmember Prince Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow 1'I. PROCLAMATZONS & MI'NUTES Hinutes - May 10, 2005 Regular Meeting May 17, 2005 Special Meeting Pe: ~ i.; .tONS & COMMUNrCAT'~ONS A. Presentations None B. Speakers Loye Kemp Regarding Employee Benefits C. Correspondence None ~,GENDA JUNE 7, '2005 /V. PUBLZC HEARZNGS - 7:00P1~! (1) To Consider Whether Or Not To Rename W. 7th Street And 7th Street From Houston Avenue To Woodworth Boulevard To Rev. Dr. Ransom Howard Street. (2) To Consider Whether Or Not To Rename Kansas Avenue From W, 7th Street To W. 19th Street To Raymond Scott Avenue. V. UNFI'NTSHED BUSI'NESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: None VZ. 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. (A) Consideration And Approval Of Awarding A Bid For The Purchase Of One 22 C.Y. Automated Garbage Collection Unit To Houston Freightliner Of Houston, Texas In The Amount Of $160,031.00 For The Public Works Department (Solid Waste Division). (B) Consideration And Approval To Award A Bid For The Purchase Of Street Materials (Road Building Materials) To Vulcan Construction Materials LP, Transit Mix Concrete & Materials, APAC-Texas, Austin White Lime Company, Chemical Lime Company And TXI Expanded Shale & Clay For The Public Works Department (Street Division). (C) Consideration And Approval Of Awarding A Bid For The Purchase Of Drainage Materials (Concrete Pipe And Boxes) To National Concrete Products For The Public Works Department (Drainage Division). AGENDA .]UNE 7, 2005 VZ. CONSENT AGENDA (D) Consideration And Approval Of Awarding A Bid For The Purchase Of Street Materials (Concrete Building Materials) To Quality Concrete And Parker Lumber Company For The Public Works Department (Street Division). (E) Consideration And Approval Of Emergency Repairs To A Backhoe (Equipment #961) To Howard's Automotive In The Amount Of $11,633.48 For The Parks & Recreation Department. (F) Consideration And Approval Of Emergency Repairs To A Dumping Stakebed Truck (Equipment #1247) To Howard's Automotive In The Amount Of $5,554.82 For The Parks & Recreation Department. (G) Expense Report Councilmember Felix A. Barker: Use Of Personal Auto On City Business Out Of Town, May, 2005 $ 17.42 Councilmember Thomas .1. Henderson: Attend Texas Leadership Institute: Downtown Revitalization Hay 25, 2005 $346.92 Resolutions - Consent (1) P.R. No. 13117 - A Resolution Approving An Industrial District Agreement With Port Arthur Steam Energy LP For The Waste Heat Recovery Cogeneration Facility (2006-2010). (2) P.R. No. 13152 - A Resolution Awarding A Bid And Authorizing The Execution Of A One (1) Year Contract Between The City Of Port Arthur And Hollier Construction & Aluminum Of Groves, Texas For Concrete Slip- Form Placement Of Concrete Curb And Gutters And Concrete Curbs, And Construction Of Sidewalks, Driveways And Wheelchair Ramps On A Unit Cost Basis For Various City Funded And CDBG Grant Funded Street Projects; Proposed Funding: Street Division Account No. 001-1203- 531.36/51/86 And CDBG Street Project Accounts. AGENDA JUNE 7, 2005 V~, CONSENT AGENDA (3) P.R. No. 13154 - A Resolution Requesting That Kansas City Southern Railway Corporation Repair The Railway Overpass/Bridge Located Near The Intersection Of Houston Avenue And Gulfway Drive ]in Port Arthur, Texas. (Requested By Councilmember Beard) (4) P.R. No. 13157 - A Resolution Amending The FY 2004-05 Contract Between The City Of Port Arthur And The Department Of State Health Services, Attachment No. 04B, Office Of Public Health Practice- BioTerrorism Preparedness As Shown By Contract Change Notice No. 08. (5) P.R. No. 13158 - A Resolution Authorizing Application For Funding From The Texas Department Of Transportation For Various Street Widening Projects. P.R. No. 13159 - A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And .lBS Associates For Professional Services, Not To Exceed $75,000, Related To A Water Distribution System Audit. Account No. 427-1626-532.54-00. ITEHS RE(~U[RING INDIVIDUAL Ac'r[ON- NON-CONSENT A. Resolutions P. R. No. 13160 - A Resolution Appointing A Director And/Or Advisory Director To The City Of Port Arthur Section 4A Economic Development Corporation. B. Ordinances None 4 AGENDA JUNE 7, 2005 C. *Reports And Recommendations (:~) Report On Preliminary Appraisal Values (2) Report On Weed & Seed Program (3) Report On Drug Task Force Events To Be Held On June 13, 2005 At The Robert A. Bowers Civic Center (4) Report On Fourth Of July Celebration (5) Report On Status Of EDC Legislation & Council Options (6) Report On Crime Statistics *The City Council Can Act On Any Of The Above Reports And Recommendations As To Accept The Report/Recommendation Or To Request Additional l~nformation And Records. VIZI. REPORTS OF BOARDS & COMMz I I EES None TX, *CLOSED t4EETZNG (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 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 AGENDA 'IUNE 7, 2005 ZX. *CLOSED t4E,- IJ. NG (EXECU'~'VE SESSZON) - CONTZNUED Closed Meetinq: (1) Section 551.071 Government Code - To Discuss With The City Attorney And Frank Calvert The Pending Litigation As It Pertains To Molfina Vs. city. (2) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation As It Pertains To The Lawsuit Of Mills Vs. City, Et Al. (3) Section 551.071 Government Code - To Discuss With The City Attorney Procedures To Avoid Litigation As To Meeting Protocol And Decorum (4) Section 551.071 Government Code - To Discuss With The City Attorney Potential And Pending Litigation As Tt Pertains To EDC Consultants Or Grantees, Or Contractors. (5) Section 551.073 Government Code - To Discuss A Prospective Gift[ Of Buildings And Lots Adjacent To 39th Street. (6) Section 551.097 Government Code To Discuss Incentives For Commercial, Residential, Medical And Industrial Business Prospects. (7) Section 551.071 Government Code - To Discuss With The City Attorney His Advice As To Avoid Litigation As To Conflicts Of Tnterest. (Requested By Councilmember Beard) *The Ttems Tn Executive Session Hay Be Discussed And Acted On In Open Session X. FUTURE AGENDA Z'I'EMS 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. X~. AD1OURNMENT OF MEE'I~NG NOTE: If Evening Meeting Extends Past 11:59PM, The City Counci] May Elect To Recess The Meeting And Reconvene At 8:30AM On June 8, 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. 6 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; 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 direcfiy 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 discrefion 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 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 cha~es 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. 10. 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 Requestino To Be Heard On A~Tenda 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 perticular 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 A~lenda 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.