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HomeMy WebLinkAboutJUNE 21, 2005OSCAR G. ORTtZ, MAYOR STEPHEN FITZGIBBONS BONNIE H. THOMPSON, MAYOR PRO-TEM CITY MANAGER EVANGELINE "VAN" GREEN COUNCIL MEMBERS: CITY SECRETARY WILLIE LEWIS, JR. Cit~ of FELIX A. BARKER MARK T. SOKOLOW THOMAS J. HENDERSON CITY ATFORNEY MARTIN FLOOD JOHN BEARD, JR. DELOR[S PRINCE MICHAEL "SHANE" SINEGAL ~T~'xa $ AGENDA City Council Regular Meeting June 21, 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. BO. 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 .lune 21, 200S 8:30AM T. ROLL CALLv 'rNVOCATZON & PLEDGE Mayor Ortiz Mayor Pro Tem Thompson Councilmember Lewis Councilmember Barker Councilmember Henderson Councilmember Flood Councilmember Beard Councilmember Prince Councilrnernber Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow Zlr. PROCLAMATZONS & MZNUTES Minutes - May 24, 2005 Regular Council Meeting .lune 01, 2005 Special Council Meeting TIT. PE, J., J. ONS & COM MUNICA'rZONS A. Presentations (1) Tntroduction Of Port Arthur Police Detectives (2) Report From Thomas L. Hanna, P.C. (3) Presentation Of Port Arthur Summer ]ob Program Interns (4) Presentation By Texas Workforce Commission B. Speakers (:L) Douglas W. Rivera Regarding City Wide Outreach (2) Irma Owens Regarding Water Bill At 732 W. 5th Street C. Correspondence None AGENDA JUNE 21, 2005 ZV. PUBLI'C HEARZNGS - 9:00AM To Consider Rezoning Stonegate Manor Section 2B, Unrestricted Reserve B, City Of Port Arthur, Texas From Multi Family (MF) To Planned Development District (PD). Applicant: Icon Builders, Inc.; Zoning Case: Z05-04. V, UNFI'NISHED BUSI'NESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: None VI'. 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 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 520 LF Of HDPE Drainage Pipe And Associated Fittings To Coburn Supply Company Of Groves, Texas In The Amount Of $7,935.48 For The Public Works Department (Drainage Division). B. Expense Report Mayor Oscar G. Ortiz: Attend United States Conference Of Mayors, Chicago, IL June 10- 14, 2005 $2?,30.52 Councilmember Felix A. Barker: Attend TML Region 16 Meeting, Nacogdoches, TX June 2 - 3, 2005 $368.71 City Attorney Mark T. Sokolow: Attend TCAA Seminar, South Padre Island, TX June 8 - 10, 2005 $884.26 2 AGENDA ]JUNE 21, 2005 CONSENT AGENDA - CONTINUED Assistant City Secretary Terri Hanks: Attend TMCCP - Course 3, Tyler, TX ]june 8 - 10, 2005 $728.42 Resolutions - Consent (1) P.R. No. 13137 - A Resolution Amending The Contract Between The City Of Port Arthur And The Port Arthur Convention And Tourist Association Which Manages And Operates A Convention/Visitors Bureau. (2) P.R. No. 13161 - A Resolution Approving An ]nvoice Or ]nvoices Of The City Of Port Arthur Section 4A Economic Development Corporation. (3) P.R. No. 13163 - A Resolution Authorizing The Renewal Of A Contract To ]joey's Tractor Service For Grass Cutting Services Of Privately-Owned And City-Owned Developed Lots Tn An Area Of The City Designated As Area A, To Be Charged To Account No. 001-1401-551.59-00. (4) P.R. No. 13164 - A Resolution Authorizing The Renewal Of A Contract To ]joey's Tractor Service For Grass Cutting Services Of Privately-Owned And City-Owned Vacant Lots Tn An Area Of The City Designated As Area A, To Be Charged To Account No. 001-1401-551.59-00. (5) P.R. No. 13165 - A Resolution Authorizing The Renewal Of A Contract To Nick Portacci For Grass Cutting Services Of Privately-Owned And City- Owned Developed Lots Tn An Area Of The City Designated As Area B, To Be Charged To Account No. 001-1401-551.59-00. (6) P.R. No. :13167 - A Resolution Authorizing The Renewal Of A Contract To Trey's Tractor Service For Grass Cutting Services Of Privately-Owned And City-Owned Developed Lots Tn An Area Of The City Designated As Area C, To Be Charged To Account No. 00:1-1401-551.59-00. (7) P.R. No. :13169 - A Resolution Authorizing The Renewal Of A Contract To KB's Total Lawn Service For Grass Cutting Services Of Privately-Owned And City-Owned Developed Lots Tn An Area Of The City Designated AS Area D, To Be Charged To Account No. 001-1401-551.59-00. AGENDA JUNE 2i, 2005 Vl'. CONSENT AGENDA - CONI'~NUED (8) P.R. No. 13173 - A Resolution Authorizing A Contract For The Services Of Gayle W. Botley & Associates, Certified Public Accountants, As Independent Auditors For The City Of Port Arthur For The Year Ending September 30, 2005. (9) P.R. No. 13174 - A Resolution Authorizing The Mayor And City Manager To Issue A Payment In The Amount Of $401,480 To The Texas Department Of Transportation For The Local Share Of The Port Arthur Pedestrian Trail Project (Boardwalk Extension) I CIP 202, 303-1603- 591.89-00. (10) P.R. No. 13175 - A Resolution Authorizing The Mayor And City Manager To Execute A Contract Between The City Of Port Arthur And Simco Enterprises, Ltd. By Canoma Construction Co., A General Partner, Of Groves, Texas For Drainage Improvements On Terminal Road And West 19~ Street; In The Amount Of $97,695, Funds Being Available In CIP002, Account Number 301-1601-591.84-00. (11) P.R. No. 13176 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. (12) P.R. No. 13179 - A Resolution Authorizing The Payment Of Invoices From Crain, Caton And ]ames Regarding The LNG Facilities, Account Number 001-1003-512.59-00. (13) P.R. NO. 13180 - A Resolution Authorizing The Renewal Of The Third Year Of A Five (5) Year Contract Between The City Of Port Arthur And Rene Bates Auctioneers, Inc. To Conduct Online Auctions For The Sale Of Surplus City Equipment. (14) P.R. No. 13181 - A Resolution Authorizing The Renewal Of The Contract Between The City Of Port Arthur And Property Bureau, Inc. For The Sa~e Of Surplus City Non Fleet Equipment And General Merchandise Online. AGENDA JUNE 21, 2005 VII. rrEMS REQUIRING INDIVIDUAL AC,.[ON - NON-CONSENT A. Resolutions (1) P.R. No. 13116 - A Resolution Approving An Industrial District Agreement With Regard To The Air Products, LP, Hydrogen Plant Project (2006- 2010). (2) P.R. No. 13171 - A Resolution Approving The Assignment Of Rights Of Air Products And Chemicals, Inc. In The Houp "In Lieu Of Tax" Agreement To Air Products L.P. (3) P.R. No. 13178 - A Resolution Approving The Application Of Williams A. Ambulance DBA STAT Care EMS, For An Ambulance Agreement. (4) P.R. No. 13182 - A Resolution Approving An Economic Incentive Contract And Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And GP Industrial Contractors, Inc. (5) P.R. No. 13183 - A Resolution Appointing A Lay Representative And An Alternate Lay Representative To The Houston Area Library System. B. Ordinances (1) P.O. No. 5530 - An Ordinance Awarding A Bid For The Sale Of Property Located At 615 5t~ Street To Mr. Garland K. Z. Flakes. (2) P.O. No. 5531 - An Ordinance Changing The Name Of Kansas Avenue Between W. 7TM Street To W. 19th Street To Rev. Raymond Scott Avenue. (3) P.O. No. 5532 - An Ordinance Changing The Name Of W. 7~ Street And 7th Street Between Houston Ave. And Woodworth Blvd. To Rev. Dr. Ransom Howard Street. (4) P.O. No. 5533 - An Ordinance Amending Section 114-33 (b), And Adding Subsection (d) To Section 114-40 Of The Code Of Ordinances As It Pertains To Ambulances. AGENDA 1UNE 21, 2005 VII. ITEI~IS REQUIRING INDIVIDUAL ACTION - NON-CONSENT- CONTINUED C. *Reports And Recommendations (1) Report: On Erosion Control (2) Report On Sewer & Street Repair Projects (3) Report On BEDI Grant: (4) May, 2005 Financial Statement (5) Report on 2005-2006 Budget (6) Report On United States Conference Of Mayor's 73rd Annual Meeting Held lune 10-14, 2005 In Chicago, Tllinois. *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. VZZ[. REPORTS OF BOARDS & COMMJ. I I EES None 6 AGENDA .1UNE 21, 2005 ZX. *CLOSED t4EtIzNG (EXECUI'ZVE 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 551.071 Government Code - To Discuss With The City Attorney Pending Litigation As It Pertains To Gerald Hatch. (2) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation As It Pertains To EDC Consultants, Grantees Or Contractors. (3) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation As It Pertains To The Molfino Vs. City Lawsuit. (4) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Bankruptcy Of Goldstar And Procedures To Avoid Litigation With Ambulance Companies. (5) Section 551.072 Government Code - To Discuss The Value Of Land As It Pertains To The West Side. (6) Section 551.073 Government Code - To Discuss A Prospective Gift Of A Trailer From Zachery. (7) Section 551.087 Government Code To Discuss Incentives For Commercial, Residential, Medical And Industrial Business Prospects. (8) Section 551.071 Government Code - To Discuss With The City Attorney Procedures To Avoid Litigation As It Pertains To EDC Staffing. (9) Section 551.072 Government Code - To Discuss The Value Of Right-Of- Way Along Highway 365. *The Items In Executive Session May Be Discussed And Acted On In Open Session AGENDA .1UNE 21, 2005 X. FUTURE AGENDA Z'I'EI~tS OR REQUESTED REPORTS Items For Future Agenda Consideration Or Reports From Staff Hay Be Requested But No Discussion Of Any Item Or Request Shall Take Place. XZ, AD3OURNI4ENT OF I4EETING 8 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 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 sha0 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 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 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. 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-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 Requestinq 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 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 applicent's interest cen be adequately represented by residents addressing the Council. S=ecific AgTenda 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.