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HomeMy WebLinkAboutMarch 6, 2012 Regular Meeting DELORIS "BOBBIE" PRINCE, MAYOR �' JOHN A. COMEAUX, P.E. City DOUCET, SR. MAYOR PRO TEM �� of c r` ACTING CITY MANAGER COUNCIL MEMBERS: J SHERRI BELLARD RAYMOND SCOTT, JR. - " CITY SECRETARY ELIZABETH "LIZ" SEGLER r rth u r MORRIS ALBRIGHT Texas VAL TIZENO JOHN BEARD, JR. CITY ATTORNEY ROBERT E. WILLIAMSON DERRICK FREEMAN KERRY "TWIN" THOMAS AG E N DA City Council Regular Meeting March 6, 2012 8:3o 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 (4 9 11 5• 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 6, 2012 8:30AM PLEASE TURN OFF OR MUTE ALL CELL PHONES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Doucet, Sr. Councilmember Scott, Jr. Councilmember Segler Councilmember Albright, III Councilmember Beard, Jr. Councilmember Williamson Councilmember Freeman Councilmember Thomas Acting City Manager Comeaux City Secretary Bellard City Attorney Tizeno Sergeant At Arms: Police Chief Blanton Or Designee II. PROCLAMATIONS & MINUTES Proclamations Minutes February 15, 2012 Special Meeting February 21, 2012 Special Meeting (1:00 PM) February 21, 2012 Special Meeting (2:00 PM) February 21, 2012 Special Executive Meeting February 21, 2012 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers Jeanette Muhammad Regarding Reconstruction Of Homes AGENDA MARCH 6, 2012 III. PETITIONS & COMMUNICATIONS - CONTINUED B. Presentations (1) Joseph W. Morrow, Senior Vice President Of First Southwest Company, Regarding Re- financing And Cost Savings Associated With Series 2002 Debt (2) Deval Allums Of Siemens Energy Regarding The Status Of The Performance Contract With The City Of Port Arthur (3) John Hall Regarding Update On Projects C. Correspondence Receipt Of Audited 2010 - 2011 Financial Statement - Port Arthur Convention And Tourist Association IV. PUBLIC HEARINGS - 9:00 AM To Consider A Zoning Change From Single Family "SF" To Planned Development "PD" Located North Of 57 Street And West Of 9 Avenue, City Of Port Arthur, Jefferson County, Texas V. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: (1) P.R. No. 16863 - A Resolution Authorizing The Acting City Manager To Provide Funding Up To $129,983 To The Pleasure Island Commission To Fund A Portion Of The Restroom Reconstruction (Account No. 121- 2300 - 901.89 -00 IKEPIC) 2 AGENDA MARCH 6, 2012 VI. 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 Martin Apparatus, Port Arthur, TX, In The Amount Of $5,455.67 For Emergency Repairs To Ladder 1 Equipment #1590 For The Fire Department B. Consideration And Approval Of Payment To Stewart & Stevenson Services, Houston, TX, In The Amount Of $13,934.27 For Repairs To Transmission In Unit 1629 Garbage Truck For The Solid Waste Residential Garbage Division C. Consideration And Approval Of Payment To Allied Electrical Contractors Of Beaumont, Inc., Beaumont, TX In The Amount Of $17,438 For Emergency Repair Of Traffic Signal Pole At 32 Street And Memorial Boulevard D. Expense Reports: Mayor Deloris "Bobbie" Prince: Use Of Personal Auto For City Business February 29, 2012 $26.52 Resolutions - Consent (1) P.R. No. 16908 - A Resolution Authorizing The Renewal Of A Mowing Contract Between The City Of Port Arthur And Tomahawk Lawn Service For Groups 1 And 9; Said Annual Contract Is For Mowing Various City Properties, Parks And Right -Of -Ways In The City; Estimated Annual Cost $14,160.00 Proposed Funding: Parks Division, FY 2012 Budget Account No. 001 - 1207 - 531.31 -00 3 AGENDA MARCH 6, 2012 VI. CONSENT AGENDA - CONTINUED (2) P.R. No. 16909 - A Resolution Authorizing The Renewal Of A Mowing Contract Between The City Of Port Arthur And Tina's Tractor Service For Group 5; Said Annual Contract Is For Mowing Various City Properties, Parks And Right -Of -Ways In The City; Estimated Annual Cost $6,800.00 Proposed Funding: Parks Division, FY 2012 Budget Account No. 001 - 1207 - 531.31 -00 (3) P.R. No. 16910 - A Resolution Authorizing A Renewal Of A Mowing Contract Between The City Of Port Arthur And T & S Lawn Service For Groups 2 And 3A; Said Annual Contract Is For Mowing Various City Properties, Parks And Right -Of -Ways In The City; Estimated Annual Cost $21,360.00 Proposed Funding: Parks Division, FY 2012 Budget Account No. 001 - 1207 - 531.31 -00 (4) P.R. No. 16911 - A Resolution Authorizing The Renewal Of A Mowing Contract Between The City Of Port Arthur And T & S Lawn Service For Group 10; Said Annual Contract Is For Mowing Various City Properties, Parks And Right -Of -Ways In The City; Estimated Annual Cost $6,400.00 Proposed Funding: Parks Division, FY 2012 Budget Account No. 001 -1207- 531.31 -00 (5) P.R. No. 16912 - A Resolution Authorizing The Renewal Of A Mowing Contract Between The City Of Port Arthur And Joey's Tractor Service For Groups 11 And 12; Said Annual Contract Is For Mowing Various City Properties, Parks And Right -Of -Ways In The City; Estimated Annual Cost $15,936.00. Proposed Funding: Parks Division, FY 2012 Budget Account No. 001 - 1207 - 531.31 -00 (6) P.R. No. 16913 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of A Property Damage Claim In The Amount Of $1,773.19 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Damage To A City Grant - Funded House (2121 5 Street) (7) P.R. No. 16914 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of A Property Damage Claim In The Amount Of $2,448.02 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Damage To A City Grant - Funded House (2810 9 Street) 4 AGENDA MARCH 6, 2012 VI. CONSENT AGENDA - CONTINUED (8) P.R. No. 16915 - A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And Soutex Surveyors, Inc. For Engineering And Surveying Services For The Transit Bus Shelter Project In The Amount Of $14,000 (Funding Available In Account No. : 401 -1509- 561.89.00) (9) P.R. No. 16916 - A Resolution Authorizing The Renewal Of A Mowing Contract Between The City Of Port Arthur And Southeast Texas Lawn And Maintenance For Groups 3B And 6; Said Annual Contract Is For Mowing Various City Properties, Parks And Right - Of -Ways In The City; Estimated Annual Cost $29,520.00 Proposed Funding: Parks Division, FY 2012 Budget Account No. 001 -1207- 531.31 -00 (10) P.R. No. 16917 - A Resolution Authorizing A Non - Exclusive Contract With JBS Packing, Inc. As To Provide Services, Supplies, Or Trucks In The Case Of An Emergency Or Disaster With The Term Of The Agreement From March 6, 2012 To March 5, 2014 (11) P.R. No. 16919 - A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts (12) P.R. No. 16920 - A Resolution Authorizing An Agreement With Sungard Public Sector, Inc. For Training On The Naviline Work Orders System In The Not To Exceed Amount Of $7000, Funding Available In Various Public Works Accounts 13 P.R. No. 16921 - A Resolution Approving A Fund Balance Policy ) pP 9 Y In Compliance With Government Accounting Standards Board (GASB) Statement 54 (14) P.R. No. 16922 - A Resolution Authorizing The City Manager To Execute Change Order 02 To The Contract Between The City Of Port Arthur And LDF Construction, Inc. For Port Arthur Fire Station #4 At Sabine Pass, Extending The Contract By 28 Days And Increasing The Contract By $18,730.25 To A New Total Amount Of $1,723,120.25. Project IKEFS4, 121 - 2300 - 901.82 -00 5 AGENDA MARCH 6, 2012 VI. CONSENT AGENDA - CONTINUED (15) P.R. No. 16923 - A Resolution Amending The FY 2012 -2013 Contract Between The City Of Port Arthur And The Department Of State Health Services, Immunization Branch - Locals (16) P.R. No. 16924 - A Resolution Authorizing The Execution Of Change Order No. 3 To The Contract Between The City Of Port Arthur And T. Johnson Industries, Inc. Increasing The Contract Amount By $1,350 And Increasing Contract Time By 45 Calendar Days For The Primary And Secondary Generators For The Main Wastewater Treatment Plant And Primary Generator For The Main Outfall Lift Station Project, Account No. 141 - 1201 - 532.59 -00, Project No. ORPRIM, ORMSEC, & ORMAIN (17) P.R. No. 16925 - A Resolution Authorizing The Execution Of Change Order No. 3 To The Contract Between The City Of Port Arthur And Caliber Solutions Not Changing The Contract Amount And Increasing The Contract Time By 45 Calendar Days For The Primary Generator Installation For The Water Purification Plant Project, Account No. 141- 1201 - 532.59 -00, Project No. ORWTPG (18) P.R. No. 16926 - A Resolution Authorizing The Execution Of Change Order No. 7 To The Contract Between The City Of Port Arthur And Simco Enterprises, Ltd. For The Sanitary Sewer Rehabilitation By The Pipe Bursting And Sliplining Methods Project, Basins LC73, LC709, & SE435, Contract No. 7, Not Changing The Contract Amount And Increasing The Contract Time By 60 Calendar Days; Account No. 404 -1625- 532.83 -00, Project No. 404PB7 (19) P.R. No. 16927 - A Resolution Extending The Lease Agreement With Petersen Industries, Inc. For Trash Trucks By One (1) Month And Increasing The Amount By $11,000 To A New Total Of $72,988. Account No. 403 - 1271 - 533.51 -00 6 I AGENDA MARCH 6, 2012 VI. CONSENT AGENDA - CONTINUED (20) P.R. No. 16928 - A Resolution Designating The Early Voting Ballot Board, Deputy Lead And Alternate Lead Early Voting Clerks, Election Day Presiding Judges And Alternate Judges, As Well As Appointing The Presiding Judge, Alternate Judge, Tabulation Supervisor, Ballot Production Specialist, Counting Station Manager And Election Records General Custodian Of The Central Counting Station For The May 12, 2012 General Election P.R. No. 16928 - Una Ordenanza Que Design el Comite de Votacion Temprana, Diputado Principal Y Secretarios Suplentes de Votacion Temprana, Jueces Que Presidiran el Dia de Eleccion y Jueces Suplentes, Asi Como Designar el Juez Principal Y Juez Suplente, Supervisor de Tabu /acion, Especialista de Produccion de Votacion, Gerente de Centro de Escrutinio, Y Custodio General de Los Archivos de Elecciones del Centro de Escrutinio para las Elecciones Generales del 12 de Mayo de 2012. (21) P.R. No. 16930 - A Resolution To Approve An Increase In The Existing Blanket Order For The Nurse - Family Partnership Implementation Agreement Between The City Of Port Arthur And Nurse - Family Partnership, A Colorado Non - Profit Corporation, For An Estimated Amount Of $15,000 (22) P.R. No. 16931 - A Resolution Authorizing The Execution Of A Contract For Grounds Maintenance, For The Utility Operations Department With Affordable Lawn & Tractor Service Of Port Arthur, Texas, In The Total Estimated Annual Amount Of $24,900 For Group F. Funds Are Available In Account No. 410 - 1255 - 532.59 -00 (23) P.R. No. 16932 - A Resolution Authorizing The Execution Of A Contract For Grounds Maintenance, For The Utility Operations Department With Amelia Lawn Care & Landscaping Of Groves, Texas, In The Total Estimated Annual Amount Of $7,640 For Groups C & D. Funds Are Available In Account No. 410 -1255- 532.59 -00 1 AGENDA MARCH 6, 2012 VI. CONSENT AGENDA - CONTINUED (24) P.R. No. 16933 - A Resolution Authorizing The Execution Of A Contract For Grounds Maintenance, For The Utility Operations Department With Tina's Tractor Service Of Groves, Texas, In The Total Estimated Annual Amount Of $15,850 For Groups A, B, & E. Funds Are Available In Account No. 410- 1255 - 532.59 -00 (25) P.R. No. 16934 - A Resolution Adopting A Uniform Tax Abatement Policy For The Term March 9, 2012 Through March 9, 2014 Pursuant To Chapter 312 Of The Texas Property Tax Code (26) P.R. No. 16935 - A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And GMC Consultants, LLC, Houston, Texas For Services And Technical Assistance For Prequalifying Low - Income Households For Hurricane Ike Recovery Round 2.2 Program In The Amount Of $125,000 From Account #001 -1003- 512.59 -00 M12001 (27) P.R. No. 16936 - A Resolution Authorizing The Third And Final Year Of The Janitorial Services Contract For The Utility Operations Department For The Water Utilities Service Center And Warehouse With Southeast Texas Building Services, Of Nederland, Texas, For A Sum Not -To- Exceed $6,780 Per Year. Account No. 410 -1251- 532.59 -00 (28) P.R. No. 16937 - A Resolution Authorizing The Execution Of A Contract For Grounds Maintenance, For The Utility Operations Department With Joey's Tractor Service Of Port Arthur, Texas, In The Total Estimated Annual Amount Of $5,596 For Group G. Funds Are Available In Account No. 410 -1255- 532.59 -00 (29) P.R. No. 16938 - A Resolution On Behalf Of The Citizens Of Port Arthur Requesting That State Farm Insurance Company Reconsider Its Decision Of Non - Renewal Of Homeowners Insurance Policies In The Port Arthur And Surrounding Area (Requested By Mayor Prince) 8 AGENDA MARCH 6, 2012 VI. CONSENT AGENDA - CONTINUED (30) P.R. No. 16939 - A Resolution On Behalf Of The Citizens Of Port Arthur Requesting Consideration For Employment Opportunities With The Trans - Canada Pipeline Project That Will Extend To Port Arthur, Texas (Requested By Mayor Prince) VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions - None B. Ordinances (1) P.O. No. 6196 - Una Ordenanza que Asegura la Conducta de las Elecciones Generales del 12 de mayo de 2012 Para Eleccion de Miembros del Consejo En Distritos 5 y 6 En /a Ciudad de Port Arthur, Texas; y Proporciona Una Eleccion Conjunta Con el Distrito Escolar de Port Arthur, el Distrito Escolar de Sabine Pass, y las Autoridades de Puerto de Sabine Pass de Acuerdo con el Capitulo 271 del Codigo de Eleccion de Texas, y Asegurando /a Pub /icacion de /Aviso de Eleccion (2) P.O. No. 6203 - Una Ordenanza Para La Rea /izacion de Una Eleccion Especial El 12 de Mayo de 2012 Para Presentar Una Propuesta Que Sea 0 No El /mpuesto Existente De Ventas Seccion 4A Utilizado Para Una Categoria Especifica De Los Proyectos Bajo Capitulo 505 Del Codigo de Gobierno Local de Texas y Asegurando la Publicac %n del Aviso de Eleccion (3) P.O. No. 6214 - An Ordinance Authorizing The City Manager To Do All Things Necessary To Execute Settlement Of A Property Damage Claim In The Amount Of $3,287.50 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Fire Vehicle #1480 9 AGENDA MARCH 6, 2012 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED (4) P.O. No. 6216 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting A Zoning Change From Two Family To Light Commercial For Approximately 0.3214 Acre Of Land Consisting Of Lot 10, Block 581 And Lot 12, Block 270, City Of Port Arthur, Jefferson County, Texas (Violation Of This Ordinance And The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Sections 1 -13 Of The Code Of Ordinances As Amended By A 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 Immediately After Publication Date. Z11 -05 (Bobby L. Holmes, Farmers Insurance) "2F" Two Family To "LC" Light Commercial (5) P.O. No. 6217 - An Ordinance Requesting That The City Council Review And Reconsider Ordinance 12 -14 Providing For The Conduct Of The May 12, 2012 General Election For The Purpose Of Electing Councilmembers For Districts 5 And 6, In The City Of Port Arthur, Texas; And Providing For A Joint Election With The Port Arthur Independent School District, The Sabine Pass Independent School District, And The Sabine Pass Port Authority In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice (Requested By Mayor Pro Tem Doucet) P.O. No. 6217- Una Ordenanza Que Solicita Que el Ayuntamiento (Consejo Municipal) Revise Y Reconsidere La Ordenanza 12 -14 Que Provee La Realizacidn De Las Elecciones de 12 de Mayo de 2012 Con El Fin de Elegir a Concejales de Los Distritos 5 Y 6, En La Ciudad de Port Arthur, Texas; Y Proporcionar Una Eleccion Conjunta Con el: Distrito Escolar de Port Arthur, El Distrito Escolar de Sabine Pass y La Autoridad de Puerto de Sabine Pass, En Conformidad Con Capftulo 271 del Codigo Electoral de Texas, Y Asegurando la Publicacidn del A viso de Eleccion (Solicitado Por El Alca /de Pro Tem Doucet) 10 AGENDA MARCH 6, 2012 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED (6) P.O. No. 6218 - An Ordinance Requesting That The City Council Review And Reconsider Ordinance 12 -15 Providing For The Conduct Of A Special Election On May 12, 2012 To Submit A Proposition As To Whether Or Not The Existing Section 4A Sales Tax Shall Be Utilized For A Specific Category Of Projects That Qualify Under Chapter 505, Texas Local Government Code, And Providing For Publication Of The Election Notice (Requested By Mayor Pro Tem Doucet) P. O. No. 6218 - Una Ordenanza Solicitando Que El Ayuntamiento (Consejo Municipal) Revise Y Reconsidere La Ordenanza 12 -15 Que Provee La Realizacion De Una Eleccion Especial el 12 de Mayo de 2012 Para Presentar Una Proposicidn en Cuanto a Si el lmpuesto Sobre las Ventas de la Seccion 4A Existente Sera Ut/lizado Para una Categoria Especifica de Proyectos Que Se Licencian Bajo el Capitulo 505, del Codigo de Gobierno Municipal de Texas, y Asegurando la Publicacion del Aviso de Eleccion (Solicitado Por el Alca /de Pro Tem Doucet) (7) P.O. No. 6219 - An Ordinance By The City Of Port Arthur, Texas ( "City ") Denying The Rate Increase Request Of Energy Texas, Inc. Filed On November 28, 2011; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject; And Declaring An Effective Date C. *Reports And Recommendations (1) To Discuss Methods To Regulate The Storage, Record Keeping, And Proper Disposal Of Used And Scrap Tires (2) Report On Grass - Cutting Process *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 VIII. REPORTS OF BOARDS & COMMITTEES - None 11 AGENDA MARCH 6, 2012 IX. *CLOSED MEETING (EXECUTIVE SESSION) 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 551.087 Government Code - To Discuss Potential Industrial District Agreement With Exxon Mobil (2) Section 551.072 Government Code - To Discuss The Value Of Land At 441 Austin Avenue (Capital One Bank) (3) Section 551.074 Government Code - To Discuss The Duties, Responsibilities, And Evaluation Of The CEO Of The City Of Port Arthur Section 4A Economic Development Corporation (4) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation As It Pertains To PAEDC Vs. SETX Clearwater Environmental (5) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation As It Pertains To City Vs. Williams & Rao *The Items In Executive Session May Be Discussed And Acted On In Open Session X. PRESENTATION OF COMMUNITY DEVELOPMENT BLOCK GRANT APPLICANTS (1:45 PM) Xl. ADJOURNMENT OF MEETING 12 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. 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 that subject he wishes to discuss, state whom he is representing if he represents an organization or other person, and unless further time is granted by majority vote of the Council, shall limit his remarks to five (5) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof. 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. 3. Improper References, Disorderly Conduct By Person Addressing The 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, the order by the Presiding Officer, and if such conduct continues, may, at the discretion of the Presiding Officer, be ordered barred from further audience before the Council during that Meeting. 4. Addresses After Motion Made or Public Hearing Closed, After a motion has been made or a public 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. 5. Campaign Speeches Prohibited, No persons 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. 6. 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 disturbs the peace and good order of the meeting. 7. 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 Council proceedings and /or discomfort to the public. 8. 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 meeting unless he first shows that he has pursued 'appropriate administrative channels. 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 Requesting To Be Heard On Agenda Items (1) Residents. Any resident who wishes to address the Council on any matter may do so by notifying the City Secretary in accordance with the Texas Open Meetings Law. (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. Specific 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 three (3) minutes. "Specific Agenda Items" are defined as any item 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.