Loading...
HomeMy WebLinkAboutJanuary 2, 2007OSCAR G. ORTIZ, MAYOR DELORIS PRINCE, MAYOR PRO-TEM COUNCIL MEMBERS: WILLIE LEWIS JR. FELIX A. BARKER THOMAS J. HENDERSON MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON MICHAEL "SFIANE" SINEGAL C~ty of Texas STEPHEN FITZGIBBONS CiTY MANAGER EVANGELINE "VAN" GREEN CITY SECRETARY MARK T. SOKOLOW CITY ATrORNEY AGENDA City Council Regular Meeting January 2, 2007 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 January 2, 2007 5:30PM II. III. ROLL CALL, INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tern Prince Councilmember Lewis Councilmember Barker Councilmember Henderson Councilmember Flood Councilmember Beard Councilmember Williamson Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow PROCLAMATIONS & MINUTES Minutes - November 7, 2006 Regular Meeting PETITIONS & COMMUNICATIONS (1) (2) B. Presentations Pete Delacruz Regarding An Extension On Hurricane Relief Funds Due To Expire August 2007 Representative From Exxon Mobil Regarding LNG Construction Progress Speakers None Correspondence None AGENDA Janua~ 2,2007 IV. VI. PUBLIC HEARINGS - 7:00 PM To Consider The Proposed Transition Plan To Make The City's Curbs, Sidewalks, And Streets More Accessible To People With Disabilities Consistent With Americans With Disabilities Act, ADA Accessibility Guidelines, And Texas Accessibility Standards UNFINISHED BUSINESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: P.R. No. 13920 - A Resolution Establishing A Neighborhood Empowerment Zone Under Chapter 378 Of The Local Government Code And Approving An Incentive Agreement With Port Arthur Holdings III, Ltd. (Requested By Mayor Ortiz) 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 Three (3) F150 Trucks From Ph//pott Motor Co. Of Nederland TX,Through HGAC In The Amount Of $53,662.35 For Public Works (B) Consideration And Approval Of The Purchase Of One (1) F150 Truck From Ph//pott Motor Co. Of Nederland, TX,, Through HGAC In The Amount Of $21,332.45 For Parks And Recreation (c) Consideration And Approval Of A Payment To ICU Environmental, Health & Safety In The Total Amount Of $14,191.25 For Civic Center Mold Assessment Cost Resolutions - Consent (1) P.R. No. 13901 - A Resolution Approving A Transition Plan As It Pertains To The City's Curbs, Sidewalks, And Streets Consistent With The Americans With Disabilities Act, ADA Accessibility Guidelines And Texas Accessibility Standards And Creating The ADA Transition Committee, Account Number 001-1202-531.54-00 2 AGENDA JANUARY 2, 2007 VI. CONSENTAGENDA-CONTINUED (2) (3) (4) (5) (6) (7) (8) (9) P.R. No; 13917 -A Resolution Approving The Payment Of An Invoice For National Development Council In The Amount Of $6,000 For Technical Assistance Services Rendered In The Month Of November 2006 For The City Of Port Arthur Section 4A Economic Development Corporation P.R. No. 13922- A Resolution Awarding A Contract In The Amount Of $198,350 To Pick Two Contractors, Inc. For The Construction Of The Administration/Lab Wastewater Building P.R. No. 13926 - A Resolution Requesting Representative Deshotel, Representative Ritter, Representative Craig Band, Senator Janek, And Senator Williams To Support A Bill In The 80th Legislative Session As To Give The City Additional Flexibility To Adopt Ordinances As It Pertains To Dogs P.R. No. 13927 - A Resolution As To A Moratorium As It Pertains To The City Council Approving The City Of Port Arthur Section 4A Economic Development Corporation Incentive Agreements Until The Issues As To The Processing Of Incentive Agreements Is Again Reviewed (Requested By Councilmembers Beard, Lewis And Sinegal) P.R. No. 13928 - A Resolution Amending The FY 2005-07 Contract Between The City Of Port Arthur And The Department Of State Health Services, Attachment No. 04C, Community Preparedness Section, Bioterrorism Preparedness As Shown By Contract Change Notice No. 08 P.R. No. 13929 - A Resolution Terminating The Award Of A Contract With K.H. Dugas Construction & Demolition And Awarding A Contract To Pick Two Contractors In The Amount Of $14,600 And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group A), To Be Charged To Account No. 303- 1603-591.59-00; Project No. CIP614 P.R. No. 13931 - A Resolution As It Pertains To Logan Park (Requested By Councilman Beard) P.R. No. 13934 - A Resolution Requesting Support For The Texas Department Of Transportation (TXDOT) To Remove FM 823 From The State Highway System 3 AGENDA JANUARY 2, 2007 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT a. Resolutions P.R. No. 13925- A Resolution Supporting Stephen Mosely In His Efforts To Create An Arts District Within The City Of Port Arthur B. Ordinances (1) P.O. No. 5712- An Ordinance As It Pertains To Section 10-202 Of The Code Of Ordinances As It Pertains To Vicious Animals, Providing A Minimum Fine, And Providing For An Effective Date (2) P.O. No. 5713 - An Ordinance Pertaining To The Developer Participation Contract Between The City Of Port Arthur And Port Arthur Camellia Estate, L.P. (3) P.O. No. 5714 - An Ordinance Authorizing The Sale Of Fairlea Park, Fairlea Addition To Total Petrochemicals USA, Inc. In The Amount Of $18,000 (4) P.O. No. 5715 - An Ordinance Amending Ordinance No. 05-25 To Provide For An Amended Site Plan For Specific Use Permit No. 191 (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: (Z06-13) Port Arthur Independent School District C. *Reports And Recommendations None VIII. REPORTS OF BOARDS & COMMITTEES IX. None *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": AGENDA JANUARY 2, 2007 IX. Xl. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED 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 Meetinq: (1) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Port Iron (Requested By Mayor Pro Tern Prince) (2) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And Industrial Business Prospects (3) Section 551.072 Government Code - To Discuss The Value Of Land And The Possible Acquisition Of A Parcel Of The Property As It Pertains To The Seaman's Center Depo (4) Section 551.071 GOvernment Code - To Discuss With The City Attorney Pending Litigation As To Wythe II (5) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation As It Pertains To LaBove Vs. City of Port Arthur (Requested By The City Manager) (6) Section 551.072 Government Code - To Discuss The Value Of Land Adjacent To Lakeshore And Shreveport *The Items In Executive Session May Be Discussed And Acted On In Open Session FUTURE AGENDAITEMS 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 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 January 3, 2007. During The Recess, No Action Will Be Taken On Any Item Of Remaining Business And No Executive Sessions Will Be Held To Discuss Any Matters, All In Accordance With The Open Meetings Law RULES OF DECORUM - PERSONS ADDRESSZNG COUNCZL & AUDZENCE MEHBERS 5. 6. 7. 8. RecognJtio# I)y Presiding Officer, No person shall address the Council without first being recognized by the Presiding Officer. 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 ether 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. Improper References, Disorderly Conduct By Person Addressing The Cound~, 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. Addresses After Afotion I~lade or Public Heerlng 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. 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. 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 disturbs the peace and good order of the meeting. LJmJtstion$ on Uso 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. Persons Having Complaints, Allegations, or Charges Against Individual City Employee~ 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-atOarms to remove him. Resi~dng Removal. Any person who resists removal by the Sergeant-at-arms shall be charged with violating V.T.C.A, Penal Code 42.05. Notions 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 Reoues~nu To Be Heard On Auenda Xtems (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. $~=cific Anenda Item~ 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.