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HomeMy WebLinkAboutAugust 16, 2005OSCAR G, ORT[Z, MAYOR STEPHEN RTZGIBBONS RONNIE H, THOMPSON, MAYOR PRO-TEM CITY MANAGER EVANGELINE "VAN" GREEN COUNCIL MEMBERS: CITY SECRETARY WILLIE LEWIS, JR. City of FELIX A. BARKER MARK T. SOKOLOW THOMAS J. HENDERSON CITY ATTORNEY MARTIN FLOOD JOHN BEARD, JR. DELORIS PRINCE MICHAEL "SHANE" SINEGAL Texas AGENDA City Council Regular Meeting August 16, 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 August 16, 2005 8:30AH ROLL CALL~ [NVOCATLON & 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 PROCLAMATZONS & MZNUTES Minutes - August 2, 2005 Regular Council Meeting August 2, 2005 3oint/Special Meeting August 9, 2005 Special Council Meeting PE I ~ I xONS & COMMUNtCATZONS A.Presentations None B.Speakers (1) Verna Rutherford Regarding Mixed Beverage Campaign Update (2) lames Fedrick, Sr. Regarding Building Code Guidelines C. Correspondence Certificate Of Appointment To The Port Arthur Housing Authority DRAFT AGENDA AUGUST 16, 2005 ZV. PUBLZC HEARINGS - 9:00AM To Consider Rezoning Part Of Lot 5, Block 1l, Range H, PALCO, From Planned Development (PD) To Light Commercial (LC). Applicant: Huong Tran & Elizabeth Tran; Zoning Case: Z05-05 V, UNF'rNZSHED BUSI'NESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: P. O. No. 5543 - An Ordinance Pertaining To The Extraterritorial Jurisdiction Of The City Of Port Arthur, Nederland And Beaumont. (Requested By Mayor Ortiz) V~. 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 Payment To Buna Electric Of Buna, Texas In The Amount Of $13,118.34 For Emergency Repairs To Two Distribution Pump Electric Motors At The Water Treatment Plant. B. 2005 Notice Of Effective Tax Rate For The City of Port Arthur. C. Consideration And Approval Of The Purchase Of A Color Copier From Star Graphics, Inc. In Beaumont, Texas In The Amount Of $7,850.00 For The EDC. D. Expense Report City Attorney Mark T. Sokolow: Attend Law Seminar In San Antonio, Texas, .luly 27-29, 2005 $940.69 AGENDA AUGUST 16, 2005 CONSENT AGENDA - CONTINUED Resolutions - Consent (1) P.R. No. 12998 - A Resolution Proposing A Property Tax Rate for 2005 And Ordering Public Hearings Thereon. (2) P.R. No. 13082 - A Resolution To Renew A Contract With Technical Resource Staffing Services For The School Crossing Guard Services At An Hourly Rate Of $14.50 Not To Exceed An Amount Of $87,261. (3) P.R. No. 13099 - A Resolution Authorizing The City Manager To Execute An Interlocal Contract With The City Of Beaumont, Jefferson County, .lasper County And Orange County To Secure Grant Funding From The State Of Texas Automobile Theft Prevention Authority For Operation Of The Southeast Texas Auto Theft Task Force. (4) P.R. No. 13123 - A Resolution Authorizing The Third Year Of The Existing Contract With Park Avenue Cleaners And (~uality Cleaners For Uniform Cleaning Service For The Police Department In The Amount Not To Exceed $36,000 Annually, Charged To Account #001-1101-521.26-00. (5) P.R. No. 13162 - A Resolution Approving An Invoice Or Invoices Of The City Of Port Arthur Section 4A Economic Development Corporation. (6) P.R. No. 13168 - A Resolution Accepting A $1,000 Donation From The Wal-Mart Foundation (8585 Memorial Boulevard, Port Arthur, Texas, 77640) To The Port Arthur Public Library For Uteracy Programs. (7) P.R. No. 13170 - A Resolution Accepting A $500 Donation From The Wal-Mart Foundation (4999 N. Twin City Highway, Port Arthur, Texas, 77642) For The Port Arthur Public Library For Literacy Programs. (8) P.R. NO. 13197 - A Resolution Approving An Amended Economic Incentive Contract With Bowhead Manufacturing Company, L.L.C. AGENDA 16, 2005 VI'. CONSENT AGENDA - CONTINUED (9) P.R. No. 13230 - A Resolution Approving A Permit For Drilling Of An Oil And Gas Well By Duncan Oil, Inc. VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P.R. No. 13106 - A Resolution As It 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. 13201 - A Resolution Appointing/Reappointing A Nlember Or IVlembers To The Library Board Of Port Arthur Public Library. (3) P.R. No. 13224 - A Resolution Appointing A Director To The City Of Port Arthur Section 4A Economic Development Corporation. (Requested By Coundlmember Lewis) (4) P.R. No. 13225 - A Resolution As Tt Pertains To Approving Easements At The City Of Port Arthur Section 4A Economic Development Corporation Business Park On Spur 93. (5) P.R. No. 13226 - A Resolution As It Pertains To Personnel At The City Of Port Arthur Section 4A Economic Development Corporation. (6) P.R. NO. 13228 - A Resolution Approving A Payment To Austin Business Services, Tnc. In The Amount Of $5,725.53 For Printing Services Related To The Boss Conference (7) P.R. No. 13229 - A Resolution Authorizing An Agreement With Terracon To Do A Phase T Environmental Site Assessment And Ancillary Studies As l~t Pertains To The Purchase Of KCS Property. (8) P.R. No. 13232 - A Resolution Approving An Tndustrial District Agreement With Golden Pass Terminal LP For The LNG Project (9) P.R. No. 13233 - A Resolution Authorizing The City ~lanager Of The City Of Port Arthur To Enter Tnto A Change Order To The Agreement With Environmental Resources Management For The State Narine Superfund Site. AGENDA AUGUST 15, 2005 VIII. 1'rEMS RE(~UZR/NG TNDZV:[DUAL ACTZON - NON-CONSENT B. Ordinances P. O. No. 5484 - An Ordinance Approving The Appraisal Rolls For The Year 2005 And Receiving Determinations From The Tax Assessors Under Section 26.04 Of The Texas Property Tax Code. C.*Reports And Recommendations Report On 2005-2006 Budget (2) Report As To The Scope Of The .lune 2:[, 2005 Findings Of Tom Hanna (Requested By Councilmember Flood) (3) Report As To Possible Ordinances On Regulating Conflicts Of Interest, Lobbyist And Codes Of Conduct (Requested By Councilmember Beard) *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. VZTZ, REPORTS OF BOARDS & COMIC[ ~ ~ EES None AGENDA AUGUST 16, 2005 ZX. *CLOSED MEel ,'NG (EXECUTI'VE SESSZON) Tn 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 [ncentives Closed Meetinq: (1) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As lit Pertains To The Landfill (2) Section 55:[.071 Government Code - To Discuss With The City Attorney Prospective Litigation As Tt Pertains To The BOSS Conference (3) Section 551.071 Government Code - To Discuss With The City Attorney The Litigation As Tt Pertains To Tegtrne/rVs City (4) Section 551.072 Government Code - To Discuss The Value Of Land As It Pertains To West 7th Street (5) Section 551.072 Government Code - To Discuss The Value Of City Land And Buildings Along 9th Avenue (6) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, Medical And Industrial Business Prospects (7) Section 551.072 Government Code - To Discuss The Value Of Land On Or Adjacent To Highway 365 As Tt Pertains To The Proposed Construction Project Thereon *The Items lin Executive Session May Be Discussed And Acted On Tn Open Session AGENDA AUGUST 16, 2005 X. FUTURE AGENDA TI'EMS OR REQUESTED REPORTS Ztems For Future Agenda Consideration Or Reports From Staff Nay Be Requested But No Discussion Of Any Item Or Request Shall Take Place, Xt'. AD.1OURNMENT OF t4EETLNG '7 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. 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 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 hearfng 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 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 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. 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 does not remove himself, the presiding Officer may order the Sergeent-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 Reoueetin~7 To Be Heard On Agenda Items (f) 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. Soecific 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 Council thereon for a period of (3) three minutes. Specific agenda items ars 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.