Loading...
HomeMy WebLinkAboutMarch 11, 2008 AgendaDELORIS "BOBBIE" PRINCE, MAYOR MICHAEL "SHANE" S[NEGAL, MAYOR PRO-TEM COUNCIL MEMBERS: JACK CHATMAN, JR. CAL JONES THOMAS J. HENDERSON MARTIN FLOOD JOHN BEARD, JR. ROBERT E. W[LLIAMSON WILLIE "BAE" LEWIS AGENDA City Council Regular Meeting March 11, 2008 5:30 p.m. STEPHEN FITZGIBBONS CITY MANAGER TERRI HANKS ACTING CITY SECRETARY MARK T. SOKOLOW CITY ATTORNEY 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 March 11, 2008 5:30PM PLEASE TURN OFF OR MUTEALL CELL PHONES I. INVOCATION, PLEDGE $ ROLL CALL Mayor Prince Mayor Pro Tem Sinegal Councilmember Chatman Councilmember Jones Councilmember Henderson Councilmember Flood Councilmember Beard Councilmember Williamson Councilmember Lewis City Manager Fitzgibbons Acting City Secretary Hanks City Attorney Sokolow Sergeant At Arms: Police Chief Blanton Or Designee II. PROCLAMATIONS 8 MINUTES Proclamations March 1-31, 2008 - "National Nutrition Month" March 11, 2008 - "National Taiwan Day" March 11, 2008 - "Pop Warner Day" Minutes January 15, 2008 -Special Meeting III. PETITIONS & COMMUNICATIONS A. Speakers (1) Henry Barbosa Regarding Petition To Rename The Building Located At 3248 39th Street (2) Larry Barabin And Councilmember Jack Chatman Regarding "How To Protect Your Kidneys" (3) Charlie Lewis, Jr. Regarding Community Events Hosted By Lakeshore Lodge #256 AGENDA MARCH 11, 2008 III. PETITIONS & COMMUNICATIONS -CONTINUED B. Presentations (1) Presentation By Reverend Ellis Allen Of The Beautification Commission Regarding The April 2008 Trash Off (2) Presentation By Jim Hendricks And Bill Burney Of Oakmont Group, Inc. Regarding Anchor Drive Extension Project C. Correspondence Letter From Jefferson County Judge Walker IV. PUBLIC HEARINGS - 7:00 PM (1) To Consider Whether Or Not To Issue A Specific Use Permit For A Communication Tower In An Industrial (I) District Located On Houston Avenue East Of Thomas Boulevard (1145 Houston Avenue) Applicant: T- Mobile (Z08-02) (2) To Consider Rezoning Lot 9, Block 1, Track 4, From Light Commercial (LC) To Heavy Commercial (HC) To Allow A Parking Lot For Dump Trucks (6711 West Port Arthur Road) Applicant: Ahmend & Shaista Fayyaz (Z08-03) (3) To Consider Rezoning Lot 9, Block 1, Track 6, Center 67.6 Facing W. Port Arthur Rd., Lot 9, Block 1, Track 5, Facing 67`h St., Lot 9, Block 1 134.61x234.3x28.83x194.33 Facing W. Port Arthur Rd., Port Acres, From Light Commercial (LC) To Heavy Commercial (HC) To Allow A Parking Lot For Dump Trucks (6717 West Port Arthur Rd. & 6721 West Port Arthur Rd. & 2406 67'h St.) Applicant: Juman & Taramattie Bishundat (Z08-04) (4) To Consider Whether Or Not To Issue A Specific Use Permit For A Package Store In A Light Commercial District Located On The Corner Of Sabine Avenue And Gulfway Drive Applicant: Eclipse Development (Zulfigar Dhuka) (Z08-05) V. 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. 14573 - A Resolution Awarding And Authorizing The Execution Of A Mowing Contract Between The City Of Port Arthur And Joey's Tractor Service For The Landscape Mowing Of Highway 73; Proposed Funding: Parks Division, FY 2008 Budget Accounting No. 001-1207- 531.31-00 AGENDA MARCH 11, 2008 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 To Craig Heating And Air Conditioning Company, Nederland, TX In The Amount Of $7,184 For An Air Condition/Heating Unit For The Public Works Operations Center B. Consideration And Approval Of Awarding A Bid To KT Maintenance Company, lnc., Port Arthur, TX In The Amount Of $6,275 For The Moving Of Concrete Traffic Barriers From Austin Avenue To The Operations Center C. Consideration And Approval Of Awarding A Bid To Cintas Corporation, Beaumont, TX In The Amount Of $14,605.31 For City Workers' Uniforms D. Consideration And Approval Of The Purchase Of A New Fire Engine From Martin Apparatus, Dallas, TX In The Amount Of $449,144 For The Fire Department E. Consideration And Approval Of The Purchase Of Proteck (Titan) Tactical Body Armor From G. T. Distributors, Austin, TX (Through BuyBoard) In The Amount of $35,512.49 For The Police Department F. Expense Report Mayor Deloris "Bobbie" Prince: Attend Pakistan Charity Gala To Present Proclamation Honoring The House Of Charity In Houston, Texas March 1-2, 2008 $ 374.33 Acting City Secretary Terri Hanks Attend Pakistan Charity Gala Honoring The House Of Charity In Houston, Texas March 1-2, 2008 $ 387.59 AGENDA MARCH 11, 2008 VI. CONSENT AGENDA -CONTINUED Resolutions -Consent (1) P. R. No. 14556 - A Resolution Awarding And Authorizing The Execution Of A Mowing Contract Between The City Of Port Arthur And KB's Total Lawn For Groups "II" And "V" Not To Exceed $16,920; Said Annual Contract Is For Mowing Various City Properties, Parks And Right-Of- Ways In The City; Estimated Annual Cost $16,920 Proposed Funding: Parks Division, FY 2008 Budget Account No. 001-1207-531-31-00 (2) P. R. No. 14568 - A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur And Octave Jacques, A Certified Medical Technologist To Provide Services For The City's Laboratory (3) P. R. No. 14570 - A Resolution Establishing A Covenant Of Patience And Understanding For The City Council Of The City Of Port Arthur For The Year 2008 (Requested By Councilmember Flood) (4) P. R. No. 14585 - A Resolution Authorizing The City Manager To Execute A Contract With Alpha-Lee Enterprises, Inc., Regarding The July 4, 2008 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. 14586 - A Resolution Scheduling Public Hearings To Review The Curfew Ordinance (6) P. R. No. 14589 - A Resolution Authorizing The Execution Of The NRA Foundation Teach Freedom Grant In The Amount Of $10,129.75 (7) P. R. No. 14590 - A Resolution Authorizing The Calling Of A Public Hearing On Tuesday March 25, 2008 At 9:00 A.M. To Consider Whether Or Not To Issue Major Pipeline Permits To TE Products Pipeline Company, LLC For The Installation Of Eight (8) Products Pipelines And To Consider Whether Or Not To Issue Major Pipeline Permits To HSC Pipeline Partnership, LLC For The Installation Of Two (2) Products Pipelines In The City Of Port Arthur To Serve The Motiva Facility In Port Arthur, Texas (8) P. R. No. 14592 - A Resolution Authorizing The City Manager To Apply To Sister Cities International 4 AGENDA MARCH 11, 2008 VI. CONSENT AGENDA -CONTINUED (09) P. R. No. 14595 - A Resolution Authorizing Acceptance Of The Contractor's Certificate And Release And Contractor's Certificate Of Guarantee From Icon Builders, LLC For ITEX Professional Park And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (10) P. R. No. 14597 - A Resolution Approving A First Amendment To Economic Incentive Contract And Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation & Rhorer- Moniotte Investments, L.L.C. D/B/A Desselle-Maggard Corporation (11) P. R. No. 14598 - A Resolution Authorizing The Acceptance Of The Property Located At 648 Fourth Street (Old Maritime Building) From The Port Arthur Historical Society (12) P. R. No. 14599 - A Resolution As It Pertains To Aquila Golf, Inc. (13) P. R. No. 14602 - A Resolution Authorizing The City Manager To Enter Into A Three Year Maintenance Agreement Between The City Of Port Arthur And Walker Electric Company Of Beaumont, Texas, For The Maintenance Of Lighting At Various Ballpark Fields (14) P. R. No. 14604 - A Resolution Authorizing The City Manager To Negotiate A Contract With Arceneaux & Gates Consulting Engineers For Engineering Services Related To The State Highway 87 Water System Improvements Project VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 14587 - A Resolution Authorizing The City Manager And The City Attorney To Purchase The Property Located At 1109 17th Street, Port Arthur (2) P. R. No. 14591 - A Resolution Authorizing That The May 6, 2008 Regularly Scheduled Council Meeting Date Be Changed To May 7, 2008 (Requested By Mayor Prince) (3) P. R. No. 14596 -Resolution Appointing/Reappointing A Member Or Members To The Library Board AGENDA MARCH 11, 2008 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED (4) P. R. No. 14600 - A Resolution As It Pertains To Authorizing The City Manager And The City Attorney To Order A Title Report And To Do Inspections As To Possibly Purchase The Property Located At 524 West 6th Street, 528 West 6th Street, And 560 West 6th Street (5) P. R. No. 14601 - A Resolution Appointing Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation Board Of Directors (Requested By Mayor Pro Tem Sinegal) (6) P. R. No. 14603 - A Resolution Accepting The Property Located At 32nd Street And Memorial Boulevard B. Ordinances (1) P. O. No. 5844 - An Ordinance Adding Section 30-5 To The Code Of Ordinances To Establish A Municipal Court Juvenile Case Manager Fund; Providing For A Severance And Savings Clause, Publication, And An Effective Date (2) P. O. No. 5846 - An Ordinance Amending An Agreement With Waste Management, Inc. For The Use Of The City Of Port Arthur's Landfill (3) P. O. No. 5854 - An Ordinance Authorizing The City Manager Of The City Of Port Arthur To Execute A Deed As To Approximately One (1) Acre Out Of Lot 6, Block 7, Range I To Truth & Education Corporation For A Community Radio Station (Requested By Councilmember Beard And Councilmember Lewis) C. "Reports And Recommendations (1) January, 2008 Financial Report (2) Marshall & Associates Westside Development Update (Requested By The City Manager) (3) Report On Council Salaries And Allowances (Requested By Councilmember Flood) (4) Report On CDBG Recommendations (5) Report On A Planned Presentation To Be Held On April 30, 2008 At The Robert A. "Bob" Bowers Civic Center Regarding The Status Of The City (Requested By Mayor Prince) (6) Report On Planned Trip To China By Mayor Prince (7) Report On Port Arthur Communities Fund Application *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 AGENDA MARCH 11, 2008 VIII. REPORTS OF BOARDS & COMMITTEES None IX. 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 X. 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 March 12, 2008. 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 7 RULES OF DECORUM -PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS i. Recognition by Presiding Orfcer. 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, Disorder/y 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 Pub/icHearing 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 Comp/aims, A/legations, 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 (a) Warning, All persons shall, at the request of the presiding office, be silent. (b) Remova/, If, after receiving a warning from the presiding officer, a member of the public 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. The Chief of Police, or such members of the Police Department as the presiding officer may designate, shall be sergeant- at-arms of the council meetings. He, or they, shall carry out all orders and instruction given by the presiding officer for the purpose of maintaining order and decorum at the council meeting. Upon instruction of the presiding officer, it shall be the duty of the sergeant-at- arms to remove from the meeting any person who intentionally disturbs the proceedings of the council. (c) If after receiving a warning from the presiding officer, a councilmember persists in disturbing the meeting, the presiding officer shall recess the meeting or refer the matter to the city council as to the penalty to be imposed by a majority vote of the council, which can include removing the member from council chambers during the remainder of the meeting or until the council person is prepared to abide by the Rules of Procedure, as adopted by the city council. (d) 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. (e) Morton 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 Reouestino 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. Sveci>ic Aoenda 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.