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HomeMy WebLinkAboutJUNE 6, 2006OSCAR G. ORTIZ, MAYOR STEPHEN FITZGIBBONS DELORIS PRINCE, MAYOR PRO-TEM CITY MANAGER COUNCIL MEMBERS: EVANGELINE "VAN" GREEN WILLIE LEWIS JR. City of CITY SECRETARY FELIX A. BARKER MARK T. SOKOLOW THOMAS J. HENDERSON CITY ATfORNEY MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WlLLIAMSON MrCHAEL "SHANE" SrNEGAL Texas AGENDA City Council Regular Meeting June 6, 2006 5:30 p.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 June 6, 2006 5:30PM I. ROLL CALL, INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tern Prince Councilmember Lewis Councitmember Barker Councilmember Henderson Councilmember Flood Councilmember Beard Councilmember Williamson Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow II. PROCLAMATIONS & MINUTES Minutes - None III. PETITIONS & COMMUNICATIONS A. Presentations None B. Speakers (1) Gail Peiium Regarding Juneteenth Celebration To Be Held June 17 - 19, 2006 (2) Verna Rutherford Regarding Our Sister City Relationship And The Upcoming Event, "Cayman Night In Port Arthur~' (3) Dr. Reddy And Bill Gordon Regarding The Request To Receive Utilities To Property On Highways 69/365 C. Correspondence None AGENDA JUNE 6, 2006 IV. PUBLIC HEARINGS - 7:00 PM TO Consider Whether Or Not Public Convenience And Necessity Require The Operation Of Proposed Taxi Business, G&H Taxi 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 The Purchase Of Ninety-Two (92) Portable Radios And Accessories From Motorola Inc. (Dallas, TX) In The Amount Of $341,071.04 For The Police And Fire Departments B. Consideration And Approval Of Awarding A Bid To Mike Barnett Construction Of Port Neches, Texas in The Amount Of $91,500 For Roof Repair To The Water Plant Operations Building, Utility Operations Department Resolutions - Consent (1) P. Re NoB 13496 I A Resolution Authorizing The Execution Of A CDBG Contract In The Amount Of $8,000.00 Between The Port Arthur Neighborhood Action Council And The City Of Port Arthur To Provide Neighborhood Security (Monitoring Crime And Reporting Violators) Through The Use Of Neighborhood Action Groups, Primarily In Low To Moderate Income Neighborhoods (2) P.R. No. 13571 - A Resolution Authorizing An Access Agreement To 3644 Gulfway Drive To Chevron Environmental Management Company For The Installation And Monitoring Of A Groundwell JUNE 6, 2006 VI. CONSENT AGENDA - CONTINUED (3) P.R. No. 13572 - A Resolution Authorizing A Second And Final One Year Extension Of A Contract With Joey's Tractor Service For Grass Cutting Services Of Privately-Owned And City-Owned Vacant Lots In An Area Of The City Designated As Area A, To Be Charged To Account No. 001- 1401-551.59-00 (4) P.R. No. 13573 - A Resolution Authorizing A Second And Final One Year Extension Of A Contract With Joey's Tractor Service For Grass Cutting Services Of Privately-Owned And City Owned Developed Lots In An Area Of The City Designated As Area A, To Be Charged To Account No. 001- 1401-551.59-00 (5) P.R. No. 13575 - A Resolution Authorizing A Second And Final Extension Of A Contract With Trey's Tractor Service To Grass Cutting Services Of Privately-Owned And City-Owned Developed Lots In An Area Of The City Designated As Area C, To Be Charged To Account No. 001-1401-551.59- 00 (6) P.R. No. 13576 - A Resolution Authorizing A Second And Final One Year Extension Of A Contract With KB'S Total Lawn Service For Grass Cutting Services Of Privately-Owned And City-Owned Developed Lots In An Area Of The City Designated As Area D, To Be Charged To Account No. 001- 1401-551.59-00 (7) P.R. No. 13581 - A Resolution Authorizing The Execution Of An Encroachment Agreement Between The City Of Port Arthur And John M. Rizzato Pertaining To A Public Utility Easement Whereupon Structures Have Been Erected On Lot 4, Block 18, Griffing Residential Park, Located At 2315 Rosedale Drive In The City Of Port Arthur (8) P.R. No. 13582 - A Resolution Authorizing The Execution Of An Encroachment Agreement Between The City Of Port Arthur And Howard C. & Frances Albers Pertaining To A Public Utility Easement Whereupon Structures Have Been Erected On Lot 7 And Rear 20'x24' Of Lot 2, Block 18, Griffing Residential Park, Located At 2434 Evergreen Drive In The City Of Port Arthur (9) P.R. No. 13584 - A Resolution Awarding A Contract To The Lowest Responsible Bidder And Authorizing The Execution Of The Contract For Janitorial Services To Southeast Texas Building Service Of Nederland, TX For A Three (3) Year Period At A Total Amount Of $66,240.00 For The Port Arthur Health Department, Account No. 001-1301-541.32-00 (10) P. R. No. 13587 - A Resolution Supporting The Relocation Of Approximately 3.3 Miles Of State Highway 87 To Accommodate The Construction And Operation Of A Liquified Natural Gas (LNG) Terminal By Port Arthur LNG, LLC (Sempra Energy) AGENDA JUNE 6, 2006 VI. CONSENT AGENDA - CONTINUED (11) P. R. No. 13588 - A Resolution Authorizing A Memorandum Of Understanding With The Port Arthur Industrial And Community Leaders Advisory Group For The Operation Of The Summer Youth Employment And Enrichment Program (12) P.R. No. 13589 - A Resolution Authorizing The City Manager To Execute An Amendment To The Advance Funding Agreement Between The City Of Port Arthur And The Texas Department Of Transportation For The Port Arthur Hike And Bike Trail Project (Thomas Boulevard) - CS J: 0920-38- 096 And Execute An Additional Advance Funding Agreement For This Project - CS J: 0920-38-170 (13) P. R. No. 13590 - A Resolution Authorizing Acceptance Of The Contractor's Certificate And Release, Contractor's Certificate Of Guarantee, From Excavators And Constructors, Inc. For The Royal Meadows Estates Subdivision And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (14) P.R. No. 13593 - A Resolution Approving An Optional Contract For Emergency Disaster Recovery Services With DRC Emergency Services, LLC VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P.R. No. 13527 - A Resolution Authorizing A Contract With The Texas Workforce Centers/Powerzone Of Southeast Texas For The Operation Of The Summer Youth Employment And Enrichment Program (2) P.R. No. 13592 - A Resolution Appointing And/Or Reappointing A Member Or Members To The Pleasure Island Commission B. Ordinances (1) P.O. No. 5616 - An Ordinance Amending Appendix A Of The Code Of Ordinances, Zoning Ordinance Of The City Of Port Arthur, To Provide That The "Open Salvage Yard, Rags, Iron, Vehicles Or Machinery" Type Use Shall Only Be Permitted In The Industrial; "1" District By Specific Use Permit (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Section 1-13 Of The Code Of Ordinances As Amended By 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 4 AGENDA JUNE 6, 2006 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (2) P.O. No. 5617 - An Ordinance Amending Chapter 62 Of The Code Of Ordinances As It Pertains To Sex Offenders; Providing Penalties For Violation Of The Ordinance; And Providing For An Effective Date (3) P.O. No. 5618 - An Ordinance Authorizing The City Manager To Do All Things Necessary To Execute Settlement Of A Claim In The Amount Of $10,100.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Vehicle #1269 (4) P.O. No. 5619 - An Ordinance Authorizing The Sale Of Pews By The City Of Port Arthur (5) P.O. No. 5620 - An Ordinance As It Pertains To A Developer Participation Contract With Graenehill Acres Phase I LP And Starship Nederland LP C. *Reports And Recommendations (1) April, 2006 Financial Statement (2) Request For A Safe Location For Children To Ride Recreational Vehicles (Requested By Councilmember Flood) (3) Report On Brittany Place And York Manor Apartments (Requested By Mayor Pro Tem Prince) *The City Council Can Act On Any Of The Above Reports And Recommendations As To Accept The Report/Recommendation Or To Request Additionat Information And Records VIII, REPORTS OF BOARDS & COMMI'I-I'EES None AGENDA JUNE 6, 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 Meetin.q: (1) Section 551.072 Government Code - To Discuss The Value Of City Property Damaged By Hurricane Rita (2) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And Industrial Business Prospects (3) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation With Companies Or Persons That Owe Utility Bills (4) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To J. M. Kaufman (5) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation With (1) Entergy, And (2) Bill Worsham *The Items In Executive Session May Be Discussed And Acted On In Open Session 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 NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On June 7, 2006. During The Recess, No Action Will Be Taken On Any Item Of Remaining Bus[ness And No Executive Sessions Will Be Held To Discuss Any Matters, All in Accordance With The Open Meetings Law 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 CounciJ 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; limita~on 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 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. Ail parsons 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 raquirs 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 Reauestino To Be Heard 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 addrses. 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. Soscific Aaenda 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.