Loading...
HomeMy WebLinkAboutOCTOBER 29, 2002OSCAR G. ORTIZ, MAYOR THOMAS J. HENDERSON, MAYOR PRO-TEM COUNCIL MEMBERS: CRAIG HANNAH FELIX A. BARKER TOM GILLAM, III REV, RONNIE LINDEN BOB BOWERS ROSE MITCHELL CHAISSON MICHAEL "SHANE" SINEGAL City of Texas STEPHEN FITZGIBBONS CITY MANAGER EVANGEL)NE "VAN" GREEN CITY SECRETARY MARK T. SOKOLOW CITY A~rORNEY AGENDA City Council Regular Meeting October 29, 2002 5:30 P.M. P.O. BOX 1089 · PORT ARTHUR, TEXAS 77641-1089 · 409/983-8115 · FAX 409/983-8291 CLTY COUNCZL MEETZNG City Hall Council Chamber City Of Port Arthur October 29, 2002 5:30PM ROLL CALL~ LNVOCATION & PLEDGE Mayor Ortiz Mayor Pro 'r'em Henderson Councilmember Hannah Councilmember Barker Councilmember Gillam Councilmember Linden Councilmember Bowers Councilmember Chaisson Counciimember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow PROCLAHATt'ONS & MINUTES Minutes - Regular Meeting October 15, 2002 IIt'. PETITIONS &COHHUNICATIONS A. Speakers (1) Randy Whitman Regarding Extending Municipal Transit Days And Hours Of Operation (2) Julia Samuels Regarding Appreciation For Port Arthur Community Safety (3) Chris Moore Regarding An Appreciation To The Fire Department (4) Joe Arabie And .lerry Wayne Pillsbury Regarding In Lieu Of Tax Agreements B. Correspondence None AGENDA OCTOBER 29,' 2002 IV. PUBLIC HEARINGS - 7:00PM Consideration Of Rezoning The North Side Of 63r~ Street From Single Family (SF) To A Light Commercial (LC) District. (Z02-02) UNFZNZSHED BUSZNESS The Following Items Of Business Were Held From Previous Meetings At Which No Action Was Taken On These Items: P. R. No. 10279 - A Resolution Authorizing The Mayor And City Manager To Sign Two Replats Of Reserve "F", Replat Of Marina Colony Subdivision, A Subdivision On Pleasure Island, On Behalf Of The City Of Port Arthur. 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence Affcer The Items Not Requiring Separate Discussion Have Been Acted Upon. Consideration And Approval For Structural Repairs To The Hussey Brand Telescopic Platforms At The Port Arthur Civic Center In The Amount Of $9,750 And The Installation Of One Package Rol-Eze Electric Power System Manufactured By Specialty Supply & Installation Company In The Amount Of $8,425. Consideration And Approval Of Payment To Orange County Emergency Services District No. 2 In The Amount Of $122,084.36. Consideration And Approval Of Payment For The City's Pro-Rata Share Of The 2003 Orange County Appraisal District Funding Allocation In The Total Amount Of $10,486 (Four Equal Payments Of $2,621.50). 2 AGENDA OCTOBER 29, '2002 Vt*. CONSENT AGENDA - (CONTINUED) Consideration And Approval To Reject All Bids Received For Bunker Coats/Trousers And Accessories For The Fire Departmer~t. Consideration And Approval Of Awarding A Bid For The Purchase Of Fire Department Uniform Pants, Utility Pants, Uniform Shirts And Winter Jackets To Skaggs Companies Of Houston, Texas In The Estimated Amount Of $25,295; Uniform T-Shirts And Arson T- Shirts, Coveralls And Windbreakers To Public safety Products, Inc. Of Corpus Christi, Texas In The Estimated Amount Of $5,486.00. Consideration And Approval Of Awarding A Bid For Calendar Year 2003 Library Periodicals To EVA, Inc. Tn The Amount Of $7,734.23 For The Port Arthur Public Library. Consideration And Approval Of Awarding Bid For A Vertical Line Shaft Mixed Flow Pump For The Hain Wastewater Treatment Plant To Jersey Equipment Company Of Houston, Inc., Of Houston, Texas Tn The Amount Of $11,775 For The Utility Operations Department (Wastewater Treatment Division). Consideration And Approval Of Awarding A Bid For Two Self- Priming Sewage Pumps To Service Pump & Compressor, Of Beaumont, Texas lin The Amount Of $6,700 And Pumps & Equipment Of Texas, Of Houston, Texas In The Amount Of $6,307 For The Utility Operations Department (Wastewater Conveyance And Treatment Division). Consideration And Approval Of Awarding A Bid For Two Positive Displacement, Progressive Cavity Sludge Pumps To Environmental Improvements Tnc., Of Houston, Texas In The Amount Of $7,325.42 For The Utility Operations Department (Wastewater Treatment Division). AGENDA OCTOBER 29/2002 VI. CONSENT AGENDA - (CONTt'NUED) Consideration And Approval Of Awarding A Bid For One Vertical Turbine Pump To Pump Solutions, Inc., Of Houston, Texas In The Amount Of $8,858 For The Utility Operations Department (Wastewater Treatment Division). Consideration And Approval Of Awarding A Bid For Three Rotary Positive Displacement Blowers For The Sabine Pass Wastewater Treatment Plant To ACFM Inc., Of Conroe, Texa§ In The Amount Of $6,168 For The Utility Operations Department (Wastewater Treatment Plant). Consideration And Approval Of Awarding A Bid For One Vertical Non-Clog Sewage Pump To Pumps & Equipment Of Texas, Inc., In The Amount Of $12,750 For The Utility Operations Department (Wastewater Treatment Division). Consideration And Approval Of Payment To The Partnership Of Southeast Texas (POST) For Fiscal 2003 In The Amount Of $12,000. Consideration And Approval Of Payment To Houston Area Library Automated Network In The Amount Of $20,365 For FY 2003 Computer Service Fees For The Port Arthur Public Library. O. Approval Of Expense Accounts: Councilmember Robert A. Bowers; Use Of Personal Auto On City Business, September, 2002 $ 41.61 Councilmember Barker: Attend TML Conference In Fort Worth, Texas, October 15-20, 2002 $1,811.49 Councilmember Tom Gillam, III: Use Of Personal Auto For City Business, September - October, 2002 $ 181.77 4 AGENDA OCTOBER 29,'2002 V1'. CONSENT AGENDA - (CONTI'NUED) Resolutions - Consent (1) P. R. No. 11882 - A Resolution Approving A Lease Agreement Between The City Of Port Arthur And City Employees Federal Credit Union. (2) P. R. No. 11976 - A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port 'Arthur And Don S. Reichle & Associates, Inc., For Engineering Services, Not To Exceed $126,700 Related To Rehabilitation Of The Highway 365 And The Thomas Boulevard Elevated Storage Tanks. Account No. 419-1622- 531-00, Project No. 419202 And Account No. 427-1626-532.53-00, Project No. 427007. (3) P. R. No. 11977 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. (4) P. R. No. 11978 - A Resolution Awarding A Contract To Basic Industries, Inc., In The Amount Of $14,874.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of Three (3) Dangerous Commercial Structures (532- 536 Austin Avenue & 538 Austin Avenue) To Be Charged To Account No. 105-1431-552.59-00, Project No. C28120. (5) P. R. No. 11980 - .A Resolution Authorizing The City Manager To Execute A Letter Of Agreement In The Amount Of $7,000 Between The City Of Port Arthur, Texas And SCS Engineers Of Bedford, Texas For Engineering And Technical Services For The Preparation Of A Compliance Management Plan For The City's Sanitary Landfill, With Funding Available In FY 2003 Budget Account No. 403-1274- 533.54-00. (6) P. R. No. 11982 - A Resolution Renewing The Contract For Fuel Dispensing And Management Services For Gasoline And Diesel Fuel. AGENDA OCTOBER 29,' 2002 VT. CONSENT AGENDA - (CONTI'NUED) (7) P. R. No. 11983 - A Resolution Awarding Digital Phone Service For City Council And The City Secretary's Office, Community Service, Fire, Parks And Recreation, Housing, Transit Departments, And The City Manager, And The City Attorney To Nextel Partners Inc. Of Beaumont, Texas For An Estimated Amount Of $23,047.80 For The Current Year. (8) P. R. No. 11984 - A Resolution Awarding Digital Phone Service For Health, Public Works, Police, Utility Operations Equipment Services, And Planning Departments To AT&T Wireless Of Beaumont, Texas For An Estimated Amount Of $22,800 For The Current Year. (9) P. R. No. 11985 - A Resolution Approving The City Of Port Arthur, Orange County Certified Current And Delinquent Tax Rolls For The 2002 Tax Year. (10) P.R. No. 11986 - A Resolution Approving The City Of Port Arthur, _iefferson County Certified Current Tax Roll For The 2002 Tax Year. (11) P. R. No. 11988 - A Resolution Authorizing The City Manager To Execute A Contract In The Amount Of $14,000 Between The City Of Port Arthur, Texas And Fittz & Shipman, Inc. Of Beaumont, Texas For Construction Phase Engineering Services For The Construction Of The Hike And Bike Trail, With Funding Available In FY 2003 Budget Account No. 303-1603-591.89-00; CIP 507. AGENDA OCTOBER 29, 2002 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions (1) P. R. No. 11971 - A Resolution Authorizing A Lease Agreement Of The Premises At Lots Numbered Twenty-One, Twenty-Two, Twenty-Three And Twenty-Four (21, 22, 23 & 24), In Block Number One Hundred Thirty-Three (133) Of The City Of Port Arthur, .lefferson County, Texas Between The City Of Port Arthur And lVlardi Gras Of Southeast Texas, Inc. (2) P.R. No. 11975 - A Resolution Appointing An Advisory Director To The City Of Port Arthur Section 4A Economic Development Corporation. (3) P. R. No. 11990 - A Resolution Authorizing Agreement With Kansas City Southern Railroad For The Use Of The Port Drum Property For Recreational Purposes. (4) P. R. No. 11991 - A Resolution Authorizing The Director Of Public Works Or His Designee To Execute A Commercial Refuse Disposal Contract Between The City Of Port Arthur, Texas And Eastex Waste Systems, Inc., Of Beaumont, Texas For The Purpose Of Depositing Refuse At The City's Sanitary Landfill. B. Ordinances (1) P. O. No. 5292 - An Ordinance Delineating The Number Of Authorized Civil Service Positions In The Fire Department. AGENDA OCTOBER 29, 2002 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT (CONTINUED) (2) P. O. No. 5298 - An Ordinance Amending Section 106-121 (One- Way Streets Designated) Chapter 106 (Traffic) Of The Code Of Ordinances Of The City Of Port Arthur, Texas To Establish One-Way Eastbound Designation Of Tremont Street From S. 11th Avenue To S. 13th Avenue In The City Of Port Arthur (Sabine Pass) And The Effective Times For This One-Way Designation To Be Set From 7:30 A.M. To 9:00 A.rvl. And From 2:30 P.M. To 4:30 P.M.: Providing A Penalty Of Not More Than Five Hundred Dollars For Its Violation: Repealing All Ordinances And Parts Of Ordinances In Conflict Herewith; And Providing For Effective Date Immediately After Publication. (3) P. O. No. 5299 - An Ordinance Amending Section 86-83 To The Code Of Ordinances As It Pertains To Commercial Wholesale Refuse Customers. C. *Reoorts And Recommendations (1) (2) (3) Report Regarding Section 125 Carrier Report On Students In Government Days Report On Port Arthur Weed And Seed 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 & COMMI'I-FEES None AGENDA OCTOBER 29, 2002 IX, *CLOSED I~IEETING (EXECUT1~VE 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 Meeting: (1) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation Against Coastal Banc And Elite Construction. (2) Section 551.072 Government Code - To Discuss With The City Attorney Pending And Prospective Litigation With The Port Arthur Fire Fighters Association. (3) Section 551.071 Government Code - To Discuss Pending Litigation Of Mr. Mills Against The City And The Economic Development Corporation. (4) Section 551.087 Government Code - To Discuss Incentives For Healthcare And Commercial Business Prospects. (5) Section 551.072 Government Code - To Discuss The Value Of Land Of Port Drum. *The Items In Executive Session May Be DiscUssed And Acted On In Open Session AGENDA OCTOBER 29,' 2002 FUTURE AGENDA [TEHS OR REQUESTED REPORTS Items For Future Agenda Consideration Or Reports From Staff Nay Be Requested But No Discussion Of Any Item Or Request Shall Ta'ke Place. XT. AD.1OURNMENT OF ~IEETI'NG NOTE: If Evening Meeting Extends Past :~1:59PNI, The City Council May Elect To Recess The IVleeting And Reconvene At 8:30AM On October 30, 2002. 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 ~[n Accordance With The Open Meetings Law. RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS RECOGNITION BY PRESIDING OFFICER. NO PERSON SHALL ADDRESS THE COUNCIL W~tHOUT 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 TON,E 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) M~NUTES. 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 C~TY 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 LIGHTIHG 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 MAT~ER MAY DO SO BY NOTIFYING THE CITY SECRETARY IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS LAW. (2) NONRESIDENTS. ANY NONRESIDENT W~SHING TO ADDRESS THE COUNCIL SHALL NOTIFY THE CITY SECRETARY AND SPECIFY HIS INTEREST IN THE MATTER BEIN(; CONSIDERED. THE City SECRETARY SHALL PRESENT SUCH REQUEST TO THE PRESIDING OFFICER FOR APPROVAL BEFORE PLACING THE NAME ON THE AGENDA. SPECIFIC AGENDA ITEMS. A~ER 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.