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HomeMy WebLinkAboutJanuary 31, 2006OSCAR G. ORTIZ, MAYOR STEPHEN FITZGI8BONS RONNIE H. THOMPSON, MAYOR PRO-TEM Cl~' MANAGER COUNCIL MEMBERS: EVANGELINE "VAN" GREEN WILLIE LEWIS, JR. City of CITY SECRETARY FELIX A. BARKER MARK T. SOKOLOW THOMAS J. HENDERSON CITY A~FORNEY MARTIN FLOOD JOHN BEARD, JR. DELORIS PRINCE MICHAEL "SHANE" SINESAL Texas AGENDA City Council Regular Meeting January 31, 2006 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. RO. 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 January 31, 2006 8:30AM I. ROLL CALL, INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tem Thompson Councilmember Lewis Councilmember Barker Councilmember Henderson Councilmember Flood Councilmember Beard Councilmember Prince Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow I1. PROCLAMATIONS & MINUTES Minutes- January 17, 2006 - Regular Council Meeting January 17, 2006 -Joint/Special Council Meeting III. PETITIONS & COMMUNICATIONS A. Presentations (1) County Clerk Carolyn Guidry And Office Administrator To The County Clerk Jamie Smith Presentation Of The iVotronic And M100 Voting Systems (2) YMCA Building Improvements B. Speakers (1) Maude L. Womack Regarding Presentation Of Petition For Neighborhood Street Change (2) Gloria Williams Regarding The Continuation Of The City Of Port Arthur Scholarship Program C. Correspondence None AGENDA JANUARY 31, 2006 IV. PUBLIC HEARING - 9:00AM (1) A Public Hearing To Receive Public Comment On The Proposed Tariff Changes Of Texas Gas Service And Any Alterations Suggested By The City Council (2) To Consider Rezoning Blocks 11, 12, 13 And Lots 2-20 Of Block 14, Fairlea From Single Family Residential (SF) To Light Commercial (LC) For Construction Of An Administration Building And Parking Lots. Applicant: Total Petrochemical, Inc., Zoning Case: Z05-08 V. UNFINISHED BUSINESS None 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 Awarding A Bid For The Reptacement Of A 2000 AMP BP Switch (Damaged By Hurricane Rita) To Square D Company/Schneider Electric In The Amount Of $9,500 For the Police Department Building B. Consideration And Approval Of Payment For The Removal Of Debris And Repair Of The YMCA Roof (Damaged By Hurricane Rita) To G & G Construction Enterprises, Inc. In The Amount Of $7,846.69 C. Consideration And Approval Of Payment For Tires Purchased During Hurricane Rita Clean-Up To A-Z Tire Of Houston, Texas In The Amount Of $13,708.82 D. Consideration And Approval Of Payment For Undercarriage Repair/ Rebuild To A 2003 D7R Series II Caterpillar Dozer (Equipment #1517) To Mustang Tractor & Equipment Of Beaumont, Texas In The Amount Of $27,093.74 For The Solid Waste Landfill AGENDA JANUARY 31, 2006 VI. CONSENT AGENDA- CONTINUED E. Consideration And Approval Of Awarding A Bid For Hoses To Dooley Tackaberry Inc., Of Deer Park, Texas In The Amount Of $11,580.00 For The Fire Department F. Consideration And Approval Of Awarding Bids For Fence Repair/Replacement At Various Parks Throughout The City To The Following Vendors: Commercial Fence Company In The Amount Of $51,738.00; TLC Construction In The Amount Of $8,722.00 And Eagle- Pro Construction, Inc. In The Amount Of $26,483.00 Resolutions - Consent (1) P.R. No. 13297 - A Resolution Authorizing The City Manager To Execute An Agreement Between Tekoa Academy Charter School And The City Of Port Arthur For The Use Of A Portion Of The Port Arthur Recreation Center For The Remainder Of The 2005/2006 School Year (2) P.R. No. 13366 - A Resolution Accepting A Modification Of The Grant From The U. S. Department Of Justice In The Amount Of $18,674.00 For The Implementation Of Adult Courses Under The Project Safe Neighborhoods Program (3) P.R. No. 13393 - A Resolution Approving And Adopting The Jefferson County Hazard Mitigation Action Plan And The Regional Hazard Mitigation Action Plan (4) P.R. No. 13394 - A Resolution Authorizing The City Manager To Execute A Contract With Alpha-Lee Enterprises, Inc., Regarding The July 4, 2006 Fireworks Display. Total Cost Of The Contract Is $14,800 (Account No. 001-1003-512.59-00; M99901 ) Requested By City Manager (5) P.R. No. 13401 - A Resolution Authorizing The Execution Of A Contract In The Amount Of $40,000 Between Savannah Housing Corporation And The City Of Port Arthur For A First Time Homebuyer Program (6) P.R. No. 13407 - A Resolution Authorizing Change Order 02 For The Contract Dated December 6, 2005 Between The City Of Port Arthur And Neches Engineers Of Beaumont, Texas For Structural Assessment Of Damaged City Buildings; Extending The Term Of The Contract By 14 Days And Increasing The Budget For This Engineering Service By $9,000 To A Total Of $30,000; Project HRBLDG 123-2300-901-53-00 AGENDA JANUARY 31, 2006 VI. CONSENT AGENDA- CONTINUED (7) P.R. No. 13408 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of A Claim In The Amount Of $61,248.65 Made Against Fidelity National Insurance Company As A Result Of The Flood Damage To The Sabine Pass Wastewater Ptant VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P.R. No. 13330 - A Resolution Approving The Payment Of An Invoice For Amelia Lawn Care & Landscaping For Services Rendered At The City Of Port Arthur Section 4A Economic Development Corporation Spur 93 Business Park (2) P.R. No. 13392 - A Resolution Appointing An Alternate Member To The Construction Board Of Adjustments And Appeals (3) P.R. No. 13395 - A Resolution Nominating An Elected Official To Serve On The Municipal Solid Waste Management And Resource Recovery Advisory CounciJ Requested By The Texas Commission On Environmental Quality (TCEQ) (4) P.R. No. 13396 - A Resolution Pertaining To The Rate Increase Of Texas Gas Service (A Division Of ONEOK, Inc.) And The Documentation Provided To Justify The Requested Rate Increase (5) P.R. No. 13397 - A Resolution Appointing New Member Or Members To The Port Arthur Youth Advisory Council (6) P.R. No. 13402 - A Resolution As It Pertains To The License To Use Agreement With The Truth & Education Corporation For Room 201 Of The City Hall Annex (7) P.R. No. 13403 - Resolution As It Pertains To The $300,000 Loan To The Pleasure Island Commission To Fund The Golf Course Clubhouse. Account No. 301-1601-591.89-00 (8) P.R. No. 13404 - A Resolution Establishing A Neighborhood Empowerment Zone Under Chapter 378 Of The Local Government Code And Approving An Incentive Agreement With Legacy Senior Housing Of Port Arthur, LP AGENDA JANUARY 31, 2006 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (9) P.R. NO. 13405 - A Resolution Approving The Application For Housing Tax Credits By Sunset Way Limited Partnership As It Pertains To The Proposed Sunset Way Apartment Complex To Be Located At Central Mall Drive And Oakmont Drive And Approving An Incentive Agreement (10) P.R. No. 13409 - A Resolution As It Pertains To Entergy And A Surcharge (11) P.R. No. 13410 - A Resolution Committing A Local Match For Emergency Bridge Replacement By The Texas Department Of Transportation And Authorizing The City Manager To Execute An Agreement With The State Of Texas For The Bridge Replacement. Project HRS1ST, Account 123- 2300-901.87-00 B. Ordinances (1) P.O. No. 5567 - An Ordinance Amending Sections 3, 9 And 10 Of Ordinance No. 05-86 That Authorized The City Of Port Arthur To Participate In The Texas Enterprise Zone Program; Providing Tax Incentives; Nominating Premcor Refining Group Inc. To The Office Of The Governor Economic Development And Tourism Through The Economic Development Bank For Designation As A Qualified Business And Triple Jumbo Enterprise Project Under The Act; Nominating BASF Corporation To The Office Of The Governor Economic Development And Tourism Through The Economic Development Bank For Designation As A Qualified Business And Triple Jumbo Enterprise Proiect Under The Act And Designating A Liaison For Overseeing Enterprise Projects And Communicating With Interested Parties (2) P.O. No. 5583 - An Ordinance Providing For The Conduct Of The May 13, 2006 General Election For The Purpose Of Electing Councilmembers From Districts 5, 6, 7 And 8 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; And Providing For The Conduct Of A Special Election To Submit Propositions As To Whether Or Not The Existing Section 4A Sales Tax Shall Be Utilized For Various Categories Of Projects As Described In Section 4B Of Article 5190.6, Vernon's Texas Code Annotated, Amending The City Charter, Selling Fairlea Park, Submitting A Proposition As To The Legal Sale Of Mixed Beverages In Restaurants By Food And Beverage Certificate Holders Only, And Providing For Publication Of The Election Notice AGENDA JANUARY 31,2006 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (3) P.O. No. 5584 - An Ordinance Amending Section 2-31 Of The Code Of Ordinances As It Pertains To Placing Items On Council Agendas (Requested By Councilmembers Beard, Lewis, and Flood) (4) P.O. No. 5585 - An Ordinance Authorizing The City Manager To Execute A Developer Participation Contract Between The City Of Port Arthur And Port Arthur Camellia Estate, L.P. C. *Reports And Recommendations (1) Report On Hurricane Rita Recovery Efforts (2) Updated Report On City Traffic Signals (3) Report On Hurricane Rita Debris Trimming, Clean-Up & Removal By Corps Of Engineers & Entergy (4) Report On CDBG Applications (5) Report On February 25, 2006 City Council Retreat (6) Status Report On FY 2004-2005 Independent Audit (7) Video/Report On the Open Meetings Act *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 /111. REPORTS OF BOARDS & COMMI'I-I'EES None JANUARY 31, 2006 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 551.071 Government Code - To Discuss With The City Attorney Pending Or Prospective Litigation With Entergy (2) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As To Proposed Changes To The City's Election Procedures (3) Section 551.071 Government Code - To Discuss With The City Attorney Pending And Prospective Litigation As To The Business Park On Spur 93 (4) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation As It Pertains To Mohammed, Et A1 V. Nicho/$, L.L.P., EtA/ (5)Section 551.072 Government Code - To Discuss The Value Of Land On Or Adjacent To West 7th Street (6) Section 551.072 Government Code - To Discuss The Value Of The Property Located At The City Hall Annex (7) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Southern Union Gas (8) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation Between The City And The EDC And Ike Mills (9) Section 551.072 Government Code - To Discuss Incentives By The City And By The EDC As To Commercial, Residential, And Industrial Business Prospects. *The Items In Executive Session May Be Discussed And Acted On In Open Session AGENDA JANUARY 31, 2006 X. FUTURE AGENDA ITEMS 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 Xl. ADJOURNMENT OF MEETING 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 Councit 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 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 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 cemerss 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 parson 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 Reouestina To Be Heard On Aaenda 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 nonrssident 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=eeific Aoeeda 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.