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HomeMy WebLinkAbout04.04.08 REGULARDELORIS "BOBBIE" PRINCE, MAYOR MICHAEL "SHANE" SINEGAL, MAYOR PRO-TEM COUNCIL MEMBERS: JACK CHATMAN, JR. CAL JONES THOMAS J. HENDERSON MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON WILLIE "BAE" LEWIS City Of ort LJrthur Texas AGENDA City Council Regular Meeting April 8, 2~~$ 5:30 p.m. STEPHEN FITZGIBBONS CITY MANAGER TERRI HANKS ACTING CITY SECRETARY MAR.K'C. SOKOLOW CITY ATTORNEY In Compliance with the Americans With Disabilities Act, the City 11 0~ Port Arthur will provide ~or reasonable aCCOmmocLationS ~or person.S attending City Council meetings. 7'o better serve you, requests should be received. 24 Hours prior to the meeting. Please contact tie City secretary's O~~ice, 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 April 8, 2008 5:30PM PLEASE TURN OFF OR MUTEALL CELL PHONES 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 $ MINUTES Proclamations (1) April 8, 2008 - "Kick Butts Day" In Honor Of The Gift Of Life Jefferson County Tobacco Coalition (2) The Month Of April - "Child Abuse Prevention Month" Minutes (1) January 29, 2008 Regular Meeting (2) February 12, 2008 Special Meeting III. PETITIONS & COMMUNICATIONS A. Speakers Evelyn Marshall As It Pertains To 1"he City's Health Insurance Coverage B. Presentations Yoshi Alexander, Dr. Albert Thigpen, Ernestine Wade, R.N. And Janet Hamilton, R.N. Regarding The 11th Annual Health And Wellness Conference - "Wellness + Safety + Fitness = A Winning Formula For New Millennium Communities" AGENDA APRIL 8, 2008 III. PETITIONS & COMMUNICATIONS -CONTINUED C. Correspondence None IV. PUBLIC HEARINGS - 7:00 PM (1) To Consider Options For Naming A, Building Located At 3248 39th Street (2) To Consider Disposition Of Properly (Fire Station) Located At 32nd Street And Memorial Boulevard. This Would Include The Possible Transfer Of The Building And Lot To Truth And Education For A Community Radio Station (3) To Consider Rezoning Of West'h Of Lot 7 And East 'h Of Lot 7, Block 12, Montrose 1, City Of Port Arthur, Jefferson County, Texas, From Two (2) Family Residential (2F) To Light Commercial (LC) For Proposed Parking Lot And Storage Facility: Applicant: Richard Daley (Z08-09) (4) To Receive Public Comment As To The Effects In The Community Of The Curfew Ordinance And As To Whether 'The City Should Continue, Modify Or Abolish The Curfew Ordinance V. UNFINISHED BUSINESS The Following Item Of Business Was Helci From The Previous Meeting At Which No Action Was Taken On This Item: Resolution P. R. No. 14631 - A Resolution Appointing The City Of Port Arthur Representatives To The West Port Arthur Redevelopment Corporation (WESTPARC) Ordinance P. O. No. 5865 - An Ordinance As It Pertains To A Developer Participation Contract With Oakmont Properties, Inc. And Stone Creek Apartments, Ltd. As To Extend Anchor Drive As To Provide An Incentive For A New 246 Unit Up-Scale, Market-Rate Apartment Complex 2 AGENDA APRIL 8, 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 U-RentA//, /nc., Orange, TX In The Amount Of $13,650 For The Purchase Of A Ferris (Commercial) ZR Mower For The F~arks & Recreation Department B. Consideration And Approval Of Awarding A Bid To P/anet Ford 6, Houston, TX In The Amount Of $47,914 For Two Administration Vehicles For The Police Department C. Consideration And Approval Of Tlhe Purchase Of One Hundred Fifteen Go Bags From Texas Tactical Peace Officer's Association, North Rich/and Hi//s, TX In The Amount Of $5,175 For The Police Department D. Consideration And Approval Of The Purchase Of Covert Electronic Surveillance Equipment From Law Enforcement Associates, Youngsvi//e, NC In The Amount Of $13,270 (F'SN Grant) For Undercover Operations For The Police Department Resolutions -Consent (1) P. R. No. 14633 - A Resolution Authorizing A Contract For The Services Of Edwards And Fontenote, LLP, Certified Public Accountants, As Independent Auditors For The Cit~,r Of Port Arthur For The Year Ending September 30, 2008 (2) P. R. No. 14634 - A Resolution Av~rarding A Contract To Lark Group, Inc. In The Amount Of $17,100.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group A), To Be Charged To Account No. 105-1431-552.59- 00; Project No. C32120 AGENDA APRIL 8, 2008 VI. CONSENT AGENDA (CONTINUED) (3) P. R. No. 14635 - A Resolution Awarding A Contract To K-T Construction, LLC In The Amount Of $24,100.00, And Authorizing The Execution Of A Contract For The Demolition Of Ten (10) Dangerous Residential Properties (Groups B And C), $24,050.00 To Be Charged To Account No. 105-1431-552.59-00; Project No. (;32120; And $50.00 To Be Charged To Account No. 001-1401-551.59-01 (General Fund) (4) P. R. No. 14636 - A Resolution Awarding A Contract To K-T Construction, LLC In The Amount Of $13,050.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group D), To Be Charged To Account No. 001-1401-551.59- 01 (General Fund) (5) P. R. No. 14637 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $17,300.00, And ,Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group E), To Be Charged To Account No. 105-1431-552.59- 00; Project No. (32120 (6) P. R. No. 14638 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $18,300.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group F), To Be Charged l'o Account No. 001-1401-551.59- 01 (General Fund) (7) P. R. No. 14639 - A Resolution Awarding A Contract To K-T Construction, LLC In The Amount Of $14,200.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group A-t), To Be Charged 'to Account No. 001-1401-551.59- 01 (General Fund) (8) P. R. No. 14640 - A Resolution Awarding A Contract To K-T Construction, LLC In The Amount Of $17,800.0(), And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group B-t), To Be Charged 'to Account No. 001-1401-551.59- 01 (General Fund) (9) P. R. No. 14641 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $15,300.00, And Authorizing The Execution Of A Contract For The Demolition (Of Five (5) Dangerous Residential Properties (Group C-t), To Be Charged To Account No. 001-1401-551.59- 01 (General Fund) AGENDA APRIL 8, 2008 VI. CONSENT AGENDA (CONTINUED) (10) P. R. No. 14642 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $21,300.00, And ,Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group D-t), To Be Charged To Account No. 001-1401-551.59- 01 (General Fund) (11) P. R. No. 14645 - A Resolution In Support Of The Golden Triangle Minority Business Council's Applic:atiori To The Port Arthur Community Fund (Requested By Mayor Prince;l (12) P. R. No. 14648 - A Resolution Accepting A Water Utility Easement From PA69, LP For The Construction, Installation, Laying, And Maintaining Of Utilities In The City Of Port Arthur (13) P. R. No. 14653 - A Resolution Designating And Establishing The Mercado Days Festival Entertainment Area For 2008, Designating Southeast Texas Hispanic Cultuiral And Educational Center, Inc. As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With Southeast Texas Hispanic Cultural And Educational Center, Inc. (14) P. R. No. 14655 - A Resolution Appointing A Negotiating Team Pursuant To Chapter 174 Of The Texas Local Government Code Annotated, To Conduct Collective Bargaining With The Bargaining Agent Of I.A.F. F. Local 397 Of The City Of Port Arthur Fire Department (15) P. R. No. 14656 - A Resolution Authorizing A Contract With Project & Development Services For Proi~essional Services Related To The Development Of A Master Funding Template For Port Arthur Projects (16) P. R. No. 14658 - A Resolution Aui:horizing The City Manager To Execute A Contract Between The City Of Port Arthur And Arceneaux & Gates Consulting Engineers For Engineerling Services Not To Exceed $272,560.00 Related To The State Highway 87 South Water System Improvements Project. Account No. 301-1601-591.53-00, Project No. GO- 803 AGENDA APRIL 8, 2008 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 14644 - A Resolution Awarding A Contract To Inland Environments, Ltd. In The Amounl Of $184,373.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of Twelve (12) Dangerous Commercial Buildings Located Throughout The City; To Be Charged To Account No. 303-1603-591.59-00, Project No. CIP614 (EDC Funds) (2) P. R. No. 14651 - A Resolution As It. Pertains To Granting A Survey Permit To Texas Offshore Port System (TOPS) (3) P. R. No. 14652 - A Resolution As It Pertains To Scheduling A Council Retreat (Requested By Councilmernber Flood) (4) P. R. No. 14654 - A Resolution Pertaining To The Benefits Of Judge Kermit Morrison (5) P. R. No. 14657 - A Resolution As Ilt Pertains To SureTec (6) P. R. No. 14659 - A Resolution As It Pertains To TEPPCO And Its Abatement Agreement (7) P. R. No. 14660 - A Resolution Authorizing The City Of Port Arthur To Submit A Proposal To The Texas Health And Human Services Commission For ANurse-Family Partnership Grant In The Amount Of $497,184 (8) P. R. No. 14661 - A Resolution As It Pertains To A Spring Youth Empowerment/Health And Wellne:~s Conference To Be Facilitated By Dr. Ian Smith, Retired Lt. Colonel Corisuelo Castillo Kickbusch, And Lynette M. Elizalde-Robinson (Account Pao. 1132-1021-514.56-00, Project No. SSBG02) (9) P. R. No. 14663 - A Resolution Authorizing The Execution Of Pipeline Permits 08-01 And 08-02 From Th,e City Of Port Arthur To HSC Pipeline Partnership, L.L.C. For The Installation Of Two (2) Product Lines And The Execution Of Pipeline Permits 08-03 Through 08-10 From The City Of Port Arthur To TE Products Pipeline Company, L.L.C. For The Installation Of Eight (8) Product Lines Within The Corporate Limits Of The City Of Port Arthur, Beginning Near The Northerly City Limits Located On The West Side Of West Port Arthur Road (Spur 93) Just South Of The BASF Plant Extending To The Southeast For A Distance Of 55,989 Feet, Terminating Within The Motiva Refinery Adjacent To Highway 82 6 AGENDA APRIL 8, 2008 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED (10) P. R. No. 14664 - 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 Councilmember Chatman) (11) P. R. No. 14665 - A Resolution Authoriizing The Mayor And Or The City Manager To Attend And Conduct A Public Hearing At The Offices Of The Port Of Port Arthur, 221 Houston Avenue, Port Arthur, On April 18, 2008 At 9:00 A.M. Regarding The Issuance And Approval Of Port Of Port Arthur Navigation District Of Jefferson County, Texas Exempt Facilities Revenue Bonds (TOTAL Petrochemicals USA, Ilnc. Project) Series 2008 In The Aggregate Principal Amount Of $!50,000,000, As Per 26 USCS Section 147 (12) P. R. No. 14666 - A Resolution Ins Support Of The Sister Cities International Program, The June 16-19, 2008 Annual Conference, And Promoting The City Of Port Arthur's International Development By Partnering With Suitable Cities In Asia, Africa, Or Other Areas Of The World (Requested By Councilmember Beard) (13) P. R. No. 14667 - A Resolution As It Pertains To Sister Cities (Requested By Councilmember Beard) B. Ordinances (1) P. O. No. 5853 - An Ordinance Continuing The Juvenile Curfew Ordinance As Delineated In Sections 62-101 To 62-106 Of The Code Of Ordinances Of The City Of Port Arthur (2) P. O. No. 5855 - An Ordinance Authorizing The City Manager To Execute A Developer Participation Contract With LAR Properties, L.C. (Requested By City Manager) (3) P. O. No. 5866 - An Ordinance Designating Early Voting Clerks, And Election Day Judges, Alternate Judlges And Clerks, For The May 10, 2008 General Election And Under The Terms Of The Joint Election To Be Conducted With The Port Of Port Arthur Navigation District, The Port Arthur Independent School District And The Sabine Pass Independent School District (4) P. O. No. 5867 - An Ordinance Authorizing The City Manager To Do All Things Necessary To Execute Settlement Of The Property Damage Claim In The Amount Of $10,425.00 Made Against Nicholas Usrey, Nancy Laurence, And Safeco Insurance AGENDA APRIL 8, 2008 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED (5) P. O. No. 5868 - An Ordinance Amending Planned Development-25 By Adding Lots 7-26, Block 2, Lots 4-10 And 14-20, Block 5, Lots 1-20, Block 6 And Lot 1, Block 14, Fairlea Addition, Port Arthur, Jefferson County, Texas (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. (08-01) TOTAL (6) P. O. No. 5869 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting A Specific Use Permit For A Tavern/Lounge In Planned Development District-2 On A 1.568 Acre Tract Of Land Out Of And A Part Of Lots 2 & 3, Block 13, Range I, Palco, Port Arthur, Jefferson County, Texas (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,G00.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date. (Z08-06 WOODY'S) 8484 CENTRAL MALL DR (7) P. O. No. 5870 - An Ordinance As It Pertains To The Recording Of Executive Sessions By Adding Section 2-53 To The Code Of Ordinances (Requested By Councilmember Lewis) (8) P. O. No. 5871 - An Ordinance Of The City Council Of The City Of Port Arthur, Texas, Authorizing The Issuance Of $9,000,000 City Of Port Arthur Texas, General Obligation Borids, Series 2008; Making Other Provisions Related Thereto; And Providing For The Effective Date Thereof (9) P. O. No. 5872 - An Ordinance As It Pertains To Appointing A Counting Station Manager, Tabulation Supervisor, Presiding Judge Of Counting Station, And Alternate Presiding Judge Of Counting Station For The May 10, 2008 Joint Election And A Joint Election Order (10) P. O. No. 5875 - An Ordinance Arending Section 2-75 Of The Code Of Ordinances By Adding Subsection (e) As It Pertains To Speakers And Requiring An Acknowledgement That They Will Abide By The Rules Of Decorum (Requested By Councilmember Beard) AGENDA APRIL 8, 2008 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED C. 'Reports And Recommendations (1) February, 2008 Financial Report (2) Report As To EDC Expenditures On Promotional Activities (Requested By Councilmember Beard) (3) Report As To Decorum (Requested By C;ouncilmember Chatman) (4) Report On Crime Statistics (5) Report On Television Transition From Analog To Digital *The City Council Can Act On Any Of The Above Reports And Recommendations As To Accept The Report/Recommendation Or To Request Additional Information Anci Records VIII. REPORTS OF BOARDS & COMMITTEES - NGNE 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 April 9, 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 9 RULES OF DECORUM -PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS 1. Recognition by Presiding ~cen No person shall address thie 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 (S) minutes. All remmarks 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 Addressinyr The Councit Any person making, expressly or impliedly, personal, impertinent, slanderous, derogatory, discourteous, snide, or profane remarks or who willfully utters loud, threatening ar 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/ic Hearing C/osed. After a mation 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 hips intention to run, or issue already ordered on a ballot for election. 6. Disorder/y 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 demonstraitions, which conduct disturbs the peace and good order of the meeting. 7. Limitations on Use of Supp/ementa/ Lighting. Limitations on use of supplemental lighting for television and rnotion picture cameras to create the least amount of interference with or disi:urbance of Council proceedings and/or discomfort to the public.. 8. Persons Having Comp/amts, Allegations, or Charges Against Indiwidua/ City Emp/ogees. No person shall make any complaint, specific allegation, or cfiarge 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 removes himself, the presiding officer may order the sergeant-at-arms to remove him. The Chief of Police, or such members of the Police Crepartment as the presiding officer may designate, sherll 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-~~t-armss shall be charged with violating V.T.C.A., Penal Code § 42.U5. (e) Motion to enforce. Any councilmember may move to require the presiding officer to enforce this division, and the affirmiative 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 intere<_~t in the matter being considered. The City Secretary shall present such request to the Presiding Officer for approval before pla<:ing the name on the Agenda. Syeci><c 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 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.