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HomeMy WebLinkAbout08.26.08 REGULARDELOR[S "BOBBIE" PRINCE, MAYOR JACK C;HATMAN, JR., MAYOR PRO-TEM COUNCIL MEMBERS: ELIZABETH "LIZ" SEGLER MORRISALBRIGHT, Ill MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE THOMAS J. HENDERSON City Of ,..~nl~il1,~,~ ort Qrthu Texas AGENDA City Council Regular Meeting August 26, 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 August 26, 2008 5:30PM PLEASE TURN OFF OR MUTEALL CELL PHONES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Chatman Councilmember Segler Councilmember Albright III Councilmember Flood Councilmember Beard Councilmember Williamson Councilmember Wise Councilmember Henderson City Manager Fitzgibbons Acting City Secretary Hanks City Attorney Sokolow Sergeant At Arms: Police Chief Blanton Or Designee II. PROCLAMATIONS & MINUTES Proclamations Minutes February 19, 2008 -Special Meeting February 21, 2008 -Special Emergency Meeting February 26, 2008 -Regular Meeting July 9, 2008 -City Council Retreat August 12, 2008 -Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers None B. Presentations Presentation By Convention & Visitors Bureau Regarding Branding C. Correspondence None AGENDA AUGUST 26, 2008 IV. PUBLIC HEARINGS - 7:00 PM (1) To Consider Proposed Assessments For The Cost Of Extending The Sewer Line Approximately 1990 Feet Along 9th Avenue From The Vicinity Of 67th Street Toward 60th Street, Which The City Council Deems To Be Necessary And In Public Interest (2) To Consider The Budget For The City Of Port Arthur And The Port Arthur Section 4A Economic Development Corporation For The Fiscal Year Beginning October 1, 2008 And Ending September 30, 2009 (3) To Consider A Proposal To Increase Total Tax Revenues From Properties On The Tax Roll In The Preceding Tax Year By 8.99 Percent (Percentage By Which Proposed Tax Rate Exceeds Lower Of Rollback Tax Rate Or Effective Tax Rate Calculated Under Chapter 26, Tax Code) 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. 14869 - A Resolution Approving An Industrial District Agreement With Premcor Refining Group For The COEX Expansion Project, Gasification Project And The Existing Premcor (Valero) Units (2008-2019) 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 O'Rei//y Automotive, Port Arthur, TX In The Estimated Amount Of $13,681 To Supply Batteries For The City's Rolling Equipment B. Consideration And Approval Of Payment To Kin/och Equipment And Supply, Houston, TX In The Amount Of $8,085.08 For Repairs To A 1993 Elgin Street Sweeper (Equipment #963) For The Public Works Department (Drainage Division) 2 AGENDA AUGUST 26, 2008 VI. CONSENT AGENDA -CONTINUED C. Consideration And Approval Of Payment To Kin/och Equipment And Supply, Houston, TX In The Amount Of $5,722.99 For Repairs To A 2003 Sterling Whirlwind Street Sweeper (Equipment #1481) For The Public Works Department (Drainage Division) D. Consideration And Approval Of Awarding A Bid To Qua/ity Crete Construction, Beaumont, TX In The Amount Of $40,600 For The Construction Of Sidewalks And Handicap Ramps Along Procter Street E. Expense Report Mayor Deloris "Bobbie" Prince: Attended TML Meeting, Austin, TX August 14-16, 2008 $ 764.38 Councilmember Elizabeth Segler: Attended TML Newly Elected Officials Orientation, Austin, TX August 7-9, 2008 $ 933.87 City Attorney Mark T. Sokolow: Attended SureTec/Pick Two Meeting, Houston, TX August 13, 2008 $ 122.93 Attended Bankruptcy Court/J.D. Manufacturing, Houston, TX August 15, 2008 $ 74.60 Resolutions -Consent (1) P. R. No. 14857 - A Resolution Extending The Performance Period Of Les Enfants Centre, Inc. Community Development Block Grant Contract From July 16, 2008 To September 30, 2008, Or Until Such Funds Are Exhausted Whichever Comes Sooner, Unless Terminated As Otherwise Provided In The Contract (2) P. R. No. 14878 - A Resolution Authorizing First Southwest Company To Provide Professional Services Related To The City Of Port Arthur's Unfunded Actuarial Accrued Liabilities, With The Texas Municipal Retirement System (TMRS) In An Amount Not To Exceed $24,500 (3) P. R. No. 14879 - A Resolution Authorizing The City Manager To Enter Into A Letter Agreement For $14,410 With Lamar University For The Taping Of Governmental Meetings AGENDA AUGUST 26, 2008 VI. CONSENT AGENDA -CONTINUED (4) P. R. No. 14880 - A Resolution Authorizing The City Manager To Pay Quarterly Fees For Landfill Disposal To The Texas Commission On Environmental Quality (TCEQ) For The Remainder Of Fiscal Year 2008 And The Entirety Of Fiscal Year 2009 For An Estimated Amount Of $310,000. Funding To Be Available In Account No. 403-1274-533.59-01 (5) P. R. No. 14890 - A Resolution Authorizing The Execution Of A Contract In The Amount Of $891,582.00 For AMR Meter Installation/Replacement, Between The City Of Port Arthur And U. S. Bronco Services Inc., Of Fairfield, Ohio, Account No. 301-1601-591.59-00, Project No. GO-802 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 14809 - A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In The Amount Of $496,645.00 For The Stn Avenue Sanitary Sewer Extension And Approving Change Order No. 1 In The Amount Of $33,050.00, Between The City of Port Arthur And Troy Construction, LLC, Of Houston, Texas, Account No. 419-1622-531.83- 00, Project No. 419803 (2) P. R. NO. 14861 - A Resolution Setting Public Hearings As To Review The Service Plans For The Annexation Of The Properties And To Receive Comments From The Public On The Proposed Annexations (3) P. R. No. 14872 - A Resolution Approving The Reimbursement By The City Of Port Arthur Section 4A Economic Development Corporation To Biomedical Waste Solutions For Electrical Service Extension Costs In The Port Arthur Business Park In An Amount Not To Exceed $7,000 (4) P. R. No. 14873 - A Resolution Approving The Purchase Of Approximately 7.291 Acres Of Land Off Hwy 73 In The City Of Port Arthur By The City Of Port Arthur Section 4A Economic Development Corporation From The Salvation Army (5) P. R. No. 14877 - A Resolution Authorizing An Oil & Gas Division Order With Square Mile Energy, L.L.C. (6) P. R. No. 14882 - A Resolution Approving Change Orders No. 1 And No. 2 Of The Contract Between Excavators & Constructors And The City Of Port Arthur Section 4A Economic Development Corporation, Ltd For Construction Of Jade Avenue 4 AGENDA AUGUST 26, 2008 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED (7) P. R. No. 14883 - A Resolution Approving An Economic Incentive Agreement Between ENGlobal Systems, Inc. And The City Of Port Arthur Section 4A Economic Development Corporation, Lease With Option To Purchase And Lease, Lease Guaranty And Approval Of The Issuance Of Sales Tax Revenue Bonds Not To Exceed $6,000,000, As Well As Engaging The Services Per The Agreement With Vinson $ Elkins As Bond Counsel And Per The Financial Advisory Agreement With The First Southwest Company (8) P. R. No. 14887 - A Resolution As It Pertains To The Sale Of Approximately 40,000 Square Feet Of Land To Able Fastener, Inc. By The City Of Port Arthur Section 4A Economic Development Corporation For $110,000 (9) P. R. No. 14889 - A Resolution Authorizing The City Manager To Execute An Interlocal Agreement Between The City Of Port Arthur And City Of Port Neches, As To Accept A Frequency Reconfiguration Agreement With Nextel Of Texas, Inc. (10) P. R. No. 14891 - A Resolution As It Pertains To Pick Two And SureTec (11) P. R. No. 14893 - A Resolution As It Pertains To The Park Plaza Area (12) P. R. No. 14894 - A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (13) P. R. No. 14896 - A Resolution Approving A Signage Change Request For Capital One AGENDA AUGUST 26, 2008 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED B. Ordinances (1) P. O. No. 5916 - An Ordinance Assessing The Cost Of Various Sewer Line Improvements On 9th Avenue Pursuant To Chapter 402 Local Government Code In The City Of Port Arthur (2) P. O. No. 5918 - An Ordinance Amending The Budget For The Port Arthur Section 4A Economic Development Corporation For The Fiscal Year Beginning October 1, 2007 And Ending September 30, 2008 As To Fund The Purchase Of Property On Highway 73 (3) P. O. No. 5919 - An Ordinance Amending Sections 110-91 And 110-92 Of Division 3 (Service Charges And Billings) Of Article II (Water) And Subsection (a) And (c) Of Section 110-191 Of Division 3 (Service Charges) Of Article III (Sewer) Of Chapter 110 (Utilities) Of The Code Of Ordinances, City Of Port Arthur; Said Amendments Increasing Water And Sewer Rates And Charges Repealing All Ordinances And Parts Of Ordinances In Conflict Herewith; And Declaring The Effective Date Thereof (4) P. O. No. 5920 - An Ordinance Amending Sections 86-111 (Carry-Out Service); 86-112 (Residential Garbage); 86-114 (Commercial Refuse- Regular Service) Of Article IV (Fees) Of Chapter 86 (Garbage, Trash And Weeds) Of The Code Of Ordinances, City Of Port Arthur, Texas; And Adding Subsection (c) To Section 86-114 (Commercial Refuse-Enclosure Service) Said Amendments And Addition Provide For The Amendment Of Rates Charged For Garbage And Trash Collection From Residential Premises; And Providing For An Effective Date (5) P. O. No. 5921 - An Ordinance Pertaining To The Sale Of Property Located At 648 4th Street, Port Arthur, Texas (6) P. O. No. 5922 - An Ordinance Authorizing The Donation Of Abandoned Bicycles To The Port Cities Rescue Mission Of Port Arthur, Texas (7) P. O. No. 5923 - An Ordinance Granting An Excavation Permit Issued Pursuant To Chapter 94 -Article VII (Excavations) Of The Code Of Ordinances Of The City Of Port Arthur To Madison Communities South Of Jimmy Johnson Boulevard And West Of Ninth Avenue AGENDA AUGUST 26, 2008 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (8) P. O. No. 5924 - An Ordinance As It Pertains To A Contract With The Federal Correction Complex Beaumont, Texas For Use Of The City Of Port Arthur's Landfill C. 'Reports And Recommendations Report On City Budget *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 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 August 27, 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 1. Recognition by Presiding O>~cer, 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, Dcsor~der/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 ARer Motion Made or Pub/ic 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. 3. 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 ar 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 Dapping, 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 Sapp/ementa/ 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/a/nL+~, 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.~rst shows that he has pursued appropriate administrative channels. ENFORCEMENT OF DECORUM Warning, All persons shall at the request of the Presiding Officer; be silent Removes/, If, after receiving a warning from the Presiding Officer, a person persists in disturbing the meeting, such Officer may order film to remove himself from the meeting. If he does not remove himself, the Presiding Officer may order the Sergeant-at0arms to remove him. Resisting Removes/, Any person who resists removal by the Sergeant-at-arms shall be charged with violating V.T.C.A, Penal Code 42.05. Motions 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 Reauestina To Be Heard On ~iaenda 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 shaA 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 Aaenda 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 Me4eting posted for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Council.