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HomeMy WebLinkAbout11-18-08 REGULARDELORIS "BOBBIE" PRINCE, MAYOR JACK CHATMAN, JR., MAYOR PRO-TEM COUNCIL MEMBERS: ELIZABETH "LIZ" SELLER MORRIS ALBRIGHT, 111 MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE THOMAS J. HENDERSON AGENDA City Council Regular Meeting November 18, 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 November 18, 2008 5:30PM PLEASE TURN OFF OR MUTE ALL CELL PHONES INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Chatman Councilmember Segler Councilmember Albright 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 May 20, 2008 -Regular Meeting June 03, 2008 -Special Meeting June 03, 2008 -Regular Meeting September 23, 2008 -Regular Meeting November 04, 2008 -Regular Meeting November 11, 2008 -Special Meeting III. PETITIONS & COMMUNICATIONS A. Speakers None B. Presentations The Ripken Group Regarding Results Of The Adams Park Study C. Correspondence None AGENDA NOVEMBER 18, 2008 IV. PUBLIC HEARINGS - 7:00 PM To Review Plans For The Proposed Annexation Of The Properties Of Atofina, BASF/Fins, Chevron Phillips, Chevron USA, Clark, Premcor, Valero, Equilon, Great Lakes Carbon, Oxbow Calcining, LLC, Huntsman, Flint Hills, Flint Hill Resources, Praxair And Entergy Which Includes But Is Not Limited To The Properties That Were Subject To The "In Lieu Of Tax" And "Industrial Agreements" As Delineated Below. A Second Public Hearing Shall Be Held Tuesday, November 18, 2008 In The City Council Chambers, City Hall, Fifth Floor, 444 4th Street At 7:00 O'Clock P.M. (If More Than 20 Adult Residents Of The Area File A Written Protest Of The Annexation With The City Secretary Within Ten Days After The Date Of Publication Of This Notice, The Second Hearing Shall Be Held In The Territory Proposed For Annexation). The Following Companies Have "In Lieu Of Tax" Agreements Or "Industrial District Agreements" With The City Of Port Arthur That Expire On December 31, 2008. These Properties Are The Subject Of The Public Hearings: • Atofina By Res. No. 01-301 (2002 - 2008) (Now TOTAL Petrochemicals, USA, Inc..) • BASF/Fins By Res. No. 98-291 (1999 - 2008) • BASF (Old Sandoz) By Res. No. 07-439 (2008) • Chevron Phillips By Res. No. 03-355 (2004 - 2008) • Chevron USA By Res. No. 03-354 (2004 - 2008) • Clark By Res. No. 98-288 (2004 - 2008) • Clark HOUP By Res. No. 98-289 (1999 - 2008) • Equilon By Res. No. 03-353 (2004 - 2008) • Great Lakes Carbon By Res. No. 01-308 (2002 - 2008) (Now Oxbow Calcining, • Huntsman By Res LP)* LLC) . No. U~-1y6 (ZUU4 - ZUUB) (Now Flint Hills & Flint Hill Resources, • Praxair By Res. No. 02-315 (2003 - 2008)** And; Entergy Has Metering Locations And Substations In The City's Extraterritorial Jurisdiction (ETJ) And In These Industrial Areas That The City Seeks To Annex; The City Of Port Arthur Desires To Annex The Properties As Described Above That Are Located In The Extraterritorial Jurisdiction Of The City As Well As The Necessary Adjacent Land To Connect Thereto So That The Annexed Property Will Be Contiguous To The Existing Corporate Limits And At Least 1000' In Width As Delineated In The Map And Attached Legal Descriptions. The Projected Date For The Adoption Of The Annexation Ordinance Is December 16, 2008. "Includes property owned by Motiva and Ethyl Additives Corporation. "" Includes property owned by Motiva. 2 AGENDA NOVEMBER 18, 2008 V. UNFINISHED BUSINESS The following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: None 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 Payment To Rush Equipment Centers Of Texas, /nc., In The Amount Of $5,984.60 For Repair Parts To A 1992 John Deere 690D Track Excavator (Equipment #884) For The Public Works Department (Streets Division) B. Consideration And Approval Of Payment To Kin/och Equipment & Supp/y, /nc. In The Amount Of $17,859.77 For Repairs To A 2001 Volvo Vactor Truck (Equipment #1402) For The Utilities Department (Waste Water Conveyance Division) C. Consideration And Approval Of Payment To Martin Aspha/t In The Amount Of $12,231 For CRS-2 Emulsion Used For The 2008 City Streets And CDBG Programs D. Consideration And Approval Of Payment To The Tank Depot Of San Antonio, /nc., In The Amount Of $11,846 For Two Aerobic Digester Tanks (Damaged By Hurricane Ike) For The Sabine Pass Wastewater Treatment Plant E. Consideration And Approval Of Payment To Bayou E/ectric, /nc., In The Amount Of $11,141.04 For Repairs To The Electrical System (Damaged By Hurricane Ike) At The Sabine Pass Wastewater Treatment Plant F. Consideration And Approval Of Payment To Magazine Subscription Service Agency In The Amount Of $5,432.76 For Calendar Year 2009 Library Periodicals AGENDA NOVEMBER 18, 2008 VI. CONSENT AGENDA -CONTINUED G. Consideration And Approval Of Payment To Posey Brickworks, /nc., In The Amount Of $7,965 For Repairs To The Police Station North Parking Lot Wall H. Expense Report City Attorney Mark T. Sokolow: Attended 96th Annual TML Conference, San Antonio, TX October 28-31, 2008 $1,475.04 Chief Magistrate Kermit C. Morrison, Jr.: Attended Annual Judges Seminar, Austin, TX November 5-7, 2008 $ 465.86 Resolutions -Consent (1) P. R. No. 14906 - A Resolution Authorizing A Product Sales Agreement With TOTAL Petrochemicals USA, Inc. To Provide Certain Quantities Of Regular Conventional Gasoline And On-Road Diesel At TOTAL's Port Arthur, Texas Refinery In The Case Of An Emergency Or A Disaster With A Term Of The Agreement From December 31, 2008 To December 31, 2009 (2) P. R. No. 14961 - A Resolution Approving A Professional Services Agreement With Carl R. Griffith & Associates, Inc. (3) P. R. No. 14969 - A Resolution Authorizing The City Manager To Execute Change Order 01 To The Contract Between The City Of Port Arthur And Brammer Construction, Inc. For Completing The Construction Of The Wastewater Treatment Plant Administration Building, Increasing The Contract Amount By $735 To A New Total Of $49,155. PROJ HRWWTP, 123-2300- 901.82-00 (4) P. R. No. 14972 - A Resolution Awarding A Bid To Sea Breeze Roofing Inc. For The Repair Of The Roof At The Recreation/Senior Center For An Amount Of $45,615.00. Plus Additional Sums For Unit Purchased (treated Wood Nailer And Light Weight Deck Repair). Project IKEREC Account Number 121-2300-901.32-00 (5) P. R. No. 14974 - A Resolution Authorizing The Extension Of A Contract With ICU Environmental, Health & Safety For Asbestos Abatement Consulting Services. Account No. 105-1431-552.54-00, Project No. C34120 4 AGENDA NOVEMBER 18, 2008 VI. CONSENT AGENDA -CONTINUED (6) P. R. No. 14976 - A Resolution Approving Payment In The Amount Of $66,768.50 For The TCEQ Annual Consolidated Water Quality Assessment Fees For All Four (4) Wastewater Treatment Facilities In The City Of Port Arthur. Account No. 410-1256-532.54-00 (7) P. R. No. 14977 - A Resolution Affirming The Investment Policies Of The City Of Port Arthur For The 2008-2009 Fiscal Year (8) P. R. No. 14982 - A Resolution Authorizing The Director Of Utility Operations To Purchase Polymers And Delineating Procedures For The Purchase Of Other Chemicals (9) P. R. No. 14983 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (10) P. R. No. 14984 - A Resolution Authorizing The Payment Of The Annual STAN Contract (Southeast Texas Alerting Network), A Public Awareness System Designed To Communicate Important Information To The People Of Southeast Texas, In The Amount Of $6,752.46 Payable To Southeast Texas Regional Planning Commission And Charged To Account Number 001-1101-521.61-03 (11) P. R. No. 14989 - A Resolution Concerning The Future Of The University Of Texas Medical Branch Galveston (Requested By Mayor Prince) VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 14881 - A Resolution Approving The Sale Of Approximately Three (3) Acres Of Land In The City Of Port Arthur Section 4A Economic Development Corporation Business Park To Clay Development & Construction, Inc. (2) P. R. No. 14886 - A Resolution Approving A First Amendment To The Economic Incentive Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Triangle Waste Properties, L.P. (3) P. R. No. 14951 - A Resolution Calling A Public Hearing To Consider The Designation Of A Reinvestment Zone For Tax Abatement On A 134.019 Acre Tract And On A 19.916 Acre Tract That Texas Offshore Port System Company LLC Plans To Build A New Crude Oil Storage Terminal AGENDA NOVEMBER 18, 2008 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED (4) P. R. No. 14975 - A Resolution Approving The Award Of Contracts For The Demolition And Reconstruction Of Nine (9) Houses To James W. Turner, Of J. W. Turner Construction, Ltd. In The Amount Of $786,690, Account Number 106-1425- 571-59-00/RITA02, And Rescinding That Portion Of Resolution 08- 099, Which Awarded A Contract In The Amount Of $38,365 To SKR Construction (5) P. R. No. 14979 - A Resolution Approving An Assignment Of An Industrial District Agreement Pertaining To The Mobil Pipeline Company And Sunoco (6) P. R. No. 14981 - A Resolution As It Pertains To Available Supplemental Environmental Project (SEP) Programs (7) P.R. No. 14990 - A Resolution As It Pertains To Asphalt, Oil, And Emulsions B. Ordinances (1) P. O. No. 5934 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting An Abandonment, Vacating And Relinquishing The 2.334 Acres Consisting Of Streets By The Intersection Of Laurel And Redbud, 39t" And Grandview And 32"d And Grandview And Depicted On The Display And Providing The Effective Date Of This Ordinance (A-08 01 -TOTAL (2) P. O. No. 5950 - An Ordinance Amending Chapter 94 "Streets, Sidewalks And Other Public Places" Of The Code Of Ordinances As It Pertains To Excavations; Punishable As Provided In Section 1-13 Of The Code Of Ordinances, As Amended, By Fine Not Exceeding Two Thousand Dollars ($2,000.00); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date (3) P. O. No. 5951 - An Ordinance As It Pertains To The Rates Of Entergy, Texas (4) P. O. No. 5952 - An Ordinance As It Pertains To An Extension Of The Construction Of Homes By Shirley Temple And Alice McCray (5) P. O. No. 5954 - An Ordinance For The Sale Of Property Located At 648 4t" Street, Port Arthur, Texas 6 AGENDA NOVEMBER 18, 2008 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED (6) P. O. No. 5956 - An Ordinance Of The City Of Port Arthur, Texas, Amending Section 34-48 And Section 34-49 Of The Code Of Ordinances By Adding Language That Would Require Property Owners To Remove Downed Trees From Their Property, Providing A Penalty Not To Exceed $2000, Providing For Publication And An Effective Date C. *Reports And Recommendations None *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 November 19, 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 Offcen 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 Referencaes, Disorderly Conduct By Pelson 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. Addr After Motion Made or Pub/ic Hearing Cased, After a motion has been made or a public hearing has been closed, no member of the public shall address the Coundl 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 Prohibitea/. 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 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 Supp/emenia/ 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.pubtic meeting unless he first shows that he has pursued appropriate administrative channels. ENFORCEMENT OF DECORUM Warning, Ali 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 bo be discussed at a meeting of the City Council. Persons Reouestinc T 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 shalt 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 ort the Agenda. Specific enda 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 Mefeting posted for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Council.