HomeMy WebLinkAboutJuly 19, 2005OSCAR G. ORTIZ, MAYOR STEPHEN FITZGIBBONS RONNIE H. THOMPSON, MAYOR PRO-TEM CITY MANAGER COUNCIL MEMBERS: EVANGELINE "VAN" GREEN WILLIE LEWIS, JR. Ci~ of CITY SECRETARY FELIX A. BARKER MARK T. SOKOLOW THOMAS J. HENDERSON CITY A~rORNEY MARTIN FLOOD JOHN BEARD, JR. OELORIS PRINCE MICHAEL "SHANE" SINEGAL Texas AGENDA City Council Regular Meeting July 19, 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 3uly 19, 2005 8:30AM I. ROLL CALL, INVOCATION & 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 II. PROCLAMATZONS & MINUTES Minutes - June 21, 2005 Regular Council Meeting June 28, 2005 Special Council Meeting III. Pc m, m xONS & COMMUNICATIONS A. Presentations (1) Presentation By Golden Triangle Hispanic Pastoral Alliance (2) Presentation By The Concerned Citizens Of Port Acres As It Pertains To Police Coverage, Drainage, .lade Avenue And Dilapidated Buildings (Requested By Councilmember Prince) (3) Presentation To Lowe's Heroes And Texas Youth Commission B. Speakers (1) Douglas Rivera Regarding Community Wide Outreach Appreciation (2) Tammy Kotzur Regarding The Convention And Visitors Bureau Marketing Update Report For The Second Quarter Of 2005 C. Correspondence None AGENDA .1ULY 19, 2005 ZV. PUBLTC HEARZNGS- 9:00At4 None V. UNFTNTSHED BUSi'NESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Ttem: P. O. No. 5534 - An Ordinance Approving The Articles Of Amendment To The Articles Of Incorporation And Approving The Amendment Of The Bylaws Of The City Of Port Arthur Section 4A Economic Development Corporation And Appointing Directors. V]'. CONSENT AGENDA NO'f-iCE TO THE PUBLTC.: 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 The Purchase Of Fifteen Model X26E Tasers From Taser International In Scottsdale, Arizona In The Amount Of $14,893.50 For The Police Department. B. Expense Report - None Resolutions - Consent (i) P.R. No. 13194 - A Resolution Authorizing A Budget In The Amount Of $15,000 To Assist Three (3) Persons/Families Participating In The Moderate Income Homebuyers Assistance Program. Direct Financial Assistance In The Form Of A $5,000, I0 Year, 0% Interest Loan May Be Provided To Assist With Down Payment And Closing Costs Associated With Construction Of New Homes. As An Option, The Funds May Be Provided As A Grant And May Be Used To Buy Land To Construct Housing Thereon. 2 AGENDA ,1ULY 19, 2005 VI. CONSENT AGENDA - CONT/NUED (2) P.R. No. 13195 - A Resolution Authorizing The Mayor And City Manager To Issue A Final Payment In The Amount Of $55,869.93 To The Texas Department Of Transportation For Improvements To 9th Avenue Between Highway 73 And Lake Arthur Drive; CIP 801, 303-1603-591.89-00. (3) P.R. No. 13196 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. (4) P.R. No. 13199 - A Resolution Extending The Performance Period Of YMCA Community Development Block Grant Contract From ,luly 7, 2005 To December 31, 2005 Or Until Such Funds Are Exhausted Whichever Comes Sooner, Unless Terminated As Otherwise Provided With The Contract. (5) P.R. No. 13200 - A Resolution Authorizing The Execution Of A Payment Agreement Between The City Of Port Arthur And Charles Childress For Payment Of Big Chucks Carwash Utility Account 97965-109986. (6) P.R. No. 13202 - A Resolution Approving An Invoice Or Invoices Of The City Of Port Arthur Section 4A Economic Development Corporation. (7) P.R. No. 13204 - A Resolution Authorizing The Execution Of An Amendment To The Contract Between The City Of Port Arthur And The Texas Health And Human Services Commission To Extend The Contract For Community-Based Outreach Services For The Children's Health Insurance Program (CHIP). (8) P.R. No. 13205 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute Settlement Of The Property Damage Subrogation Claim In The Amount Of $7,683.51 Made Against Matthew Hinz And Farmers Insurance Group/Mid-Century Insurance Company Of Texas. (9) P.R. No. 13206 - A Resolution Authorizing The City Manager To Enter Into A Letter Agreement With Lamar University For The Taping Of Governmental Meetings. AGENDA .~ULY 19, 2005 V/. CONSENT AGENDA - CONTZNUED (10) P.R. No. 13210 - A Resolution Requesting That The City Of Port Arthur Section 4A Economic Development Corporation Also Furnish The City Council With Quarterly Reports With Reference To Grants. (Requested By Councilmember Henderson) (11) P.R. No. 13211 - A Resolution Authorizing An Additional $5,000 To Be Allocated For The Crime Stopper Program. VZI. TrEMS RE(~UZRZNG ZNDZVZDUAL AC,~ON - NON-CONSENT A. Resolutions. (1) P.R. No. 13177 - A Resolution As ]~t Pertains To A Purchase Agreement Of KCS Property By The City Of Port Arthur And The City Of Port Arthur Section 4A Economic Development Corporation. (2) P.R. No. 13192 - A Resolution Authorizing The Mayor And City Manager To Execute The Second Of A Three-Year Renewable Contract Between The City Of Port Arthur And .1. M. Kaufman Of Port Arthur, Texas For The Providing Of Soils And Hauling Of Materials On An As-Needed Basis. Funds Are Available In Various Public Works Accounts And In Other Departmental Accounts. (3) P.R. No. 13198 - A Resolution Authorizing The Execution Of A Payment Agreement Between The City Of Port Arthur And J. ~4. Kaufman For The Payment Of Landfill Account 98209-97698. (4) P.R. No. 13203 - A Resolution As I't Pertains To Access For Truth & Education Corporation. (5) P.R. No. 13207 - A Resolution AS It Pertains To Reconsidering One Or More Matters Voted On By Former Councilmember Hannah. (Requested By Councilmembers Lewis, Flood And Beard) (6) P.R. No. 13209 - A Resolution Approving A Contract Between Johnson & Associates And The City Of Port Arthur Section 4A Economic Development Corporation To Conduct A Search For An Executive Director. 4 AGENDA JULY 19, 2005 Z'I'EMS REQUZRZNG INDZVZDUAL ACTZON - NON-CONSENT- CON'EZNUED (7) P.R. No. 13213 - A Resolution Appointing Or Reappointing A t, lember Or Members To The Pleasure Island Commission (Requested By Councilmember Prince) B. Ordinances P. O. No. 5537 - An Ordinance Authorizing The City Manager To Execute A New Developer Participation Contract Between The City Of Port Arthur And Big Wheel Development, Inc. C. *Reports And Recommendations (1) Report On 2005-2006 Budget (2) Report On EDC Administrative Payments To The City *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. Vi'IT. REPORTS OF BOARDS & COMMTrTEES None AGENDA JULY 19, 2005 ZX. *CLOSED ME,'IzNG (EXECU'r'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 Meeting: (1) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To The Reconsideration Of Ordinances And Resolutions (P. R. No. 13207) (2) Section 551.071 Government Code - To Discuss With The City Attorney Procedures As To Avoid Litigation As It Pertains To Conflicts Of Interest, Protocol And Decorum (Requested By Councilmember Beard) (3) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation Of Mills Vs. City (4) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Housing Prisoners (5) Section 551.072 Government Code - To Discuss The Value Of KCS Land Adjacent To West 7~ Street (6) Section 551.072 Government Code - To Discuss The Value Of Land In The Area Adjacent To Nederland (7) Section 551.076 Government Code - To Discuss Security Precautions At City Hall (8) Section 551.087 Government Code To Discuss Incentives For Commercial, Residential, Medical And Industrial Business Prospects *The Items In Executive Session May Be Discussed And Acted On In Open Session AGENDA .1ULY 19, 2005 X. FUTURE AGENDA ZTEt4S 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. XZ. AD3OURNMENT OF MEE'F~NG 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. Specking 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 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 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 doss 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 administrafive 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. 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 doss 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 Reouestin~l To Be Hecrd On Aoenda 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 applicant's interest can be adequately represented by residents addressing the Council. S=ecific 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.