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HomeMy WebLinkAboutFEBRUARY 5, 2002OSCAR G. ORTIZ. MAYOR I;ELIX A BARKER, M~,YOR PRO-TEM (Oi NCII, MEMBERS: THOMAS J. HENDERSON ROSE MITCHELL CHAISSON ROBERT E. ALLEN City of Texas STEVE FITZGIBBONS CITY MANAGER JAN STRODER A(TING ('IT¥SE('RETARh MARK T. SOKOLOX~, CITY ATTORNEx, AGENDA City Council Regular Meeting February 5, 2002 8:30 A.M. RO. BOX 1089 · PORTARTHUR, TEXAS 77641-1089 · 409/983-8115 · FAX 409/983-8291 CITY COUNCIL MEETING City Hall Council Chamber City Of Port Arthur February 5, 2002 8:30AM II. III. ROLL CALL, INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tem Barker Councilmember Hannah Councilmember Henderson Councilmember Gillam III Councilmember Linden Councilmember Bowers Councilmember Chaisson Councilmember Allen City Manager Fitzgibbons Acting City Secretary Stroder City Attorney Sokolow PROCLAMATIONS & MINUTES Minutes - Regular Meeting Held January 22, 2002 Special Meeting Held January 15, 2002 PETITIONS & COMMUNICATIONS A. Speakers (1) Alfred Dominic Regarding Discrimination Concerns (2) Pat Avery, Linda Spears And Verna Rutherford Regarding Work Force Development (3) Cindy Fertitta, March Of Dimes, Regarding Presentation To City Council And PAIN Baseball Team B. Correspondence None AGENDA CONSENT FEBRUARY 5, 2002 IV. V= VI. PUBLIC HEARINGS - 9:00AM Receive Public Comment On A Request By Samedan Oil Corporation For A Permit To Conduct Drilling Operations On Lot 1, Block 16, Range "P" PALCO (Located Approximately 4,500 Feet West Of West Port Arthur Road, North Of Hwy. 365). UNFINISHED BUSINESS The Following Items Of Business Were Held From Previous Meetings At Which No Action Was Taken On These Items: Resolution P. R. No. 11618 - A Resolution Authorizing The City Manager And City Attorney To Do All Things Necessary To Execute The Settlement Of The City's Subrogation Claim In Cause No. E-159,760 Made Against The Hell Company And Freightliner Corporation, Et Al. O~inance P. O. No. 5199 - An Ordinance Adding A New Sub-Section 114-33 (c) To The Code Of Ordinances As It Pertains To Emergency Medical Vehicles And An Alternate To The $50,000 Per Year Annual Fee That Is Charged To A Company. 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. Consideration And Approval Of Payment To AMF MateriaLs And Transport Of Port Arthur, Texas In The Amount Of $8,476.35 For Two Invoices For Concrete Rubble Material Needed At The City's Landfill For Roadway Maintenance During Recent Inclement Weather. 2 AGENDA CONSENT FEBRUARY 5, 2002 VI. CONSENTAGENDA(CONTINUED) Consideration And Approval Of Payment For Emergency Repairs To A 1994 Caterpillar D-7H Dozer (Equipment #1107) To Mustang Tractor & Equipment, Inc. Of Beaumont, Texas In The Amount Of $53,358.25 For The Public Works Department (Solid Waste Division). Consideration And Approval Of Awarding A Bid For The Purchase Of One Self-Priming Sewage Pump To Service Pump & Compressor Of Beaumont, Texas In The Amount Of $9,780 For The Utility Operations Department 0NaStewater Treatment Division). Consideration And Approval Of Awarding A Bid For The Purchase Of Fifteen Portable Radios With Accessories To Motorola (Under The H-GAC Contract) In The Amount Of $42,545.75 For The Police Department. Consideration And Approval Of Payment To Partnership Of Southeast Texas (POST) For Fiscal Year 2002 In The Amount Of $12,000. F. Approval Of Expense Accounts: Councilmember Rose Mitchell Chaisson: Use Of Personal Auto On City Business, November - December, 2001 $200.00 Councilmember Bob Bowers: Use Of Personal Auto On City Business, January, 2002 $ 8.91 Resolutions - Consent (1) P. R. No. 11592 - A Resolution Authorizing The City Manager Of The City Of Port Arthur To Execute A New Industrial District Agreement With Motiva Enterprises, LLC. AGENDA CONSENT FEBRUARY 5, 2002 VI. CONSENT AGENDA (CONTINUED) (2) P. R. No. 11635 - A Resolution Renewing Mowing Contracts Between The City Of Port Arthur And M. D. Arena For Groups "A, C, D And G" In The Amount Not To Exceed $35,344.00; Sandra J. Guilbeau Enterprises For Group "E" Not To Exceed $3,888.00; Hauck For Group "F" In The Amount Not To Exceed $8,512; Said Annual Contracts Are For Mowing Various City Properties, Parks And Right-Of-Ways In The City; Estimated Annual Cost $47,744. Proposed Funding: Parks Division FY 2002 Budget Account No. 001-1207-531.31-00. (3) P. R. No. 11637 - A Resolution Authorizing The Mayor Of The City Of Port Arthur To Execute A License-To-Use Agreement Between The City Of Port Arthur And Our Lady Of Guadalupe Catholic Church Pertaining To A Portion Of The Dedicated Right-Of-Way Of Staff Sgt. Lucian Adams Drive Adjacent To The Church At 3648 Adams Drive. (4) P. R. No. 11641 - A Resolution Authorizing The Mayor To Execute An Encroachment Agreement Between The City Of Port Arthur And Ahmad Hendiana And Wife Monirosadat Mir Afzali Pertaining To A Certain Ten-Foot Wide Utility Easement Across The Rear Of Lot 8, Block 1, Lake Arthur Manor, Located At 4401 Stevewood Drive, Port Arthur, Texas. (5) P. R. No. 11644 - A Resolution Awarding And Authorizing The Execution Of Mowing Contracts Between The City Of Port Arthur And Perfect Cut Lawn Care, Beaumont, Texas 77705; Groups "B" And "H" Not To Exceed $11,430.00; Said Annual Contract Is For Mowing Various City Properties, Parks And Right-Of-Ways In The City; Estimated Annual Cost $11,430.00. Proposed Funding: Parks Division FY 2001/2002 Budget Account No. 001-1207-531.31.00. (6) P. R. No. 11645 - A Resolution Authorizing Publication Of Notice Of Intention To Issue $5,000,000 In Certificates Of Obligation. (7) P. R. No. 11653 - A Resolution Authorizing A Six-Month Extension Of The Contract For Janitorial Services To Professional Maid Service Of Nederland, Texas For A Total Amount Of $4,980 For The Port Arthur Health Department Clinical Complex, Account No. 001-1301-541.32-00. AGENDA CONSENT FEBRUARY 5, 2002 VI. CONSENT AGENDA (CONTINUED) (8) P, R. No. 11654 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. (9) P. R. No. 11655 - A Resolution Authorizing The City Manager To Execute Five Contracts Between Little League Organizations And The City Of Port Arthur And Two Contracts Between The Girl's Softball League Organization And One Contract Between The Latin American Baseball League And The City Of Port Arthur For The Use Of City Baseball Fields This Spring. (10) P. R. No. 11656 - A Resolution Postponing The Issuance Of $17,000,000 City Of Port Arthur, Texas Tax And Revenue Certificates Of Obligation, Series 2002B. (11) P. R. No. 11657 - A Resolution Authorizing The City Manager To Execute An Interlocal Agreement As It Pertains To The Pawned Property Information Systems. (12) P. R. No. 11658 -A Resolution Authorizing The City Manager To Execute An Escrow Agreement With The Chase Manhattan Bank For The Proceeds Of The Sale Of Certificates To Be Invested In Tex Pool. AGENDA NON-CONSENT FEBRUARY 5, 2002 VII. ITEMS REQUIRING INDIVIDUAL ACTION A. Resolutions (1) P. R. No. 11643 - A Resolution Pertaining To The BOSS Conference And Funding By The Economic Development Corporation. (2) P. R. No. 11646 - A Resolution Authorizing The City Attorney And The City Manager To Initiate Condemnation Proceedings To Acquire Property In Order To Widen West 7th Street From Grannis Avenue To Houston Avenue (Account No. 301-1601-591.81.00 CIP 909). (3) P. R. No. 11652 -A Resolution Authorizing The City Manager To Execute A Change Order With H-GAC And Motorola, Inc., As It Pertains To The CentraCom Gold Elite System In The Amount Of $4,436.75. Account No. LLEBG 01-112-1101-521.92-00. B. O~inances (1) P. O. No. 5240 - An Ordinance Authorizing The Advertisement For Sale Of A Building Located At 2700 Gulfway Drive, Port Arthur, Texas. (2) P. O. No. 5241 - An Ordinance Authorizing The Issuance Of $15,000,000 City Of Port Arthur, Texas Tax And Revenue Certificates Of Obligation, Series 2002A. AGENDA NON-CONSENT FEBRUARY 5, 2002 VII. ITEMS REQUIRING INDIVIDUAL ACTION (CONTINUED) C. *Reports And Recommendations (1) Presentation Of Comprehensive Annual Financial Report For The Year Ending September 30, 2001 (2) (3) December, 2001 Financial Report Updated Report On Receipt Of Fees From Ambulance Companies (Requested By Councilmember Gillam) (4) Report On Collection Of Ambulance Franchise Fees (Requested By Councilmember Linden) (5) Report Providing A Summary Of Oral Information Presented By All Ambulance Service Companies In Port Arthur (Requested By Councilmember Linden) (6) Report On Comparable Economic Development Corporation Cities And Their Loan Process (Requested By Councilmember Alien) (7) Report on Port Arthur Pedestrian Trail, Phase 2, Enhancement Program *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 AGENDA NON-CONSENT FEBRUARY 5, 2002 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 Meetinq: (1) (2) (3) (4) (5) (6) (7) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation Of Frank Vs. Hell Company, Et Al., Cause No. E-159,760, 172nd Judicial District. Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation With Motorola. Section 551.072 Gbvernment Code - To Discuss The Value Of Land On The West Side As To Widen West 7th Street. Section 551.072 Government Code - To Discuss The Value Of Land Behind 649 Stadium Road. Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation With Mr. Rice. Section 551.074 Government Code - To Discuss The Appointment Of A New City Secretary. Section 551.087 Government Code - To Discuss Economic Incentives As It Pertains To Commercial Retail Prospects. (Requested By Mayor Ortiz) *The Items In Executive Session May Be Discussed And Acted On In Open Session AGENDA NON-CONSENT FEBRUARY 5, 2002 Xl. 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. ADJOURNMENT OF MEETING WORKSHOP - 4PM INTERVIEW WITH NON-PROFIT ORGANIZATIONS REGARDING 2002 CDBG PROGRAM YEAR 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. 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 MEMBERS OF THE COUNCil, WITHOUT THE PERMISSION Of THE PRESIDING OFFICER. IMPROPER REFERENCES, DISORDERLY CONDUCT BY PERSON ADDRESSING THE COUNCIL; ANY PERSON MAKING, EXPRESSLY OR IMPIEDLY, 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 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. 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 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. 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. 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 SHOW THAT HE HAS PURSUED APPROPRIATE ADMINISTRATIVE CHANNEL. RULES OF PROCEDURE THE CITY SECRETARY SHALL MAKE PUBLIC, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS LAW, AND 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 PERSON 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.