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HomeMy WebLinkAboutJANUARY 13, 2009 REGULAR MEETINGi~ ~' ' m ricans ~Vith Disabilities Act the In com l~ance w~th the A e , p ' ' i for reasonable Ci of Port Arthur will rov de ~Y p accommodations for ersons attendin Ci Cou~cll ~ p ~ ' h l e received 24 meet~n s. To better serve ou re uests s ou d b g Y ~ q ' ' n t the Ci bours r~or to the meet~n . Please co tac ~ p g ' ffice at 409 983-8115. r`Y Secreta s 0 , P.O. BOX 1089•PORT ARTHUR, TEXAS 77641-1089•409/983-8115•FAX 409/983-8128 City Council Meeting City Hall Council Chamber ~ ~ City Of Port Arthur January 13, 2009 : 5:3OPM PLEASE TURN OFF OR MUTE ALL CELL PHONES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Chatman Councilmember Segler CouncilmemberAlbright lII ~ 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. PR~CLAMATIONS & MINUTES Proclamations ~ Minutes December 16, 2008 Special Meeting ~~ ~ ~~ ~ ~ December 16, 2008 Regular Meeting ~ ~ ~~ ~ ~ ~ ~~ December 30, 2008 Regular~Meeting ~ ~ ~ ~ ~ ~ ~ ~ III. PETITIONS & COMMU~NICATIONS ~ ~ ~~ ~ AGENDA JAN UARY 13, 2009 IV. PUBLIC HEARINGS-7:00 PM None 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.15008 - A Resolution Approving A New Agreement Between The City 4f Port Arthur And Mt. Tamalpais Investment Corp. , VI. CONSENTAGENDA NOTICE TO THE PUBLIC: The Following Items Are 4fA Routine 4rAdministrative Nature. The Council Has Been Furnished With Background And Support Material On Each Item, AndlOr It Has Been Discussed At A Previous Meeting. All ltems Will Be Acted Upon By One Vote Without Being Discussed Separately Unless Requested By A Council Membe~ Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 Sungard HTE, lnc. In The Estimated Amount Of $13,600 For Custom Programming And Support Related To The Electronic Meter Replacement Project B. Consideration And Approval Of Payment To Waukesha-Pearce /ndustries, Inc. In The Amount Of $25,540.88 For Rental Equipment Used For The 2008 City Streets Program y C. Consideration And A roval Of Payment To TNT Ready Mix In The Amount Of pp $7,820 For The Purchase Of Concrete Used For The 2009 City Streets Bond Issue Projects D, Consideration And A roval To Renew An Annual Contract With Petroleum Traders pp Corporation In The Estimated Amount Of $171,000 To Supply Diesel #2 Fuel For The Cit 's Transit Center & Wastewater Treatment Plant On Hwy. 365 And Dyed Y Diesel For Off-Road Use For The Landfill E. Consideration And Approval Of Payment To 4range County Emergency Services District No. 2 In The Amount 4f $128,096.25 2 .. ;~ i AGENDA JANUARY 13, 2009 VI.~ CONSENT AGENDA - CONTINUED F. Consideration And Approval Of Payment To Sungard HTE Inc. In The Amount Of $83,427.60 ForAnnual Maintenance On AS/400 Application Software G. Consideration And Approval Of Payment To l/anguard lruck Center (Through BuyBoard) In The Amount Of ~$228,474 For The Purchase Of A Commercial Front- Load Garbage Truck ~ Resolutions - Consent (~ ) P. R. No. 15046 - A Resolution Increasing The Previously Authorized Amount Pa able To Jefferson Coun Drainage District No. 7 From $32,538.33 To A New Y ~Y Total Of $43,351.83 For The Development Of A Regional Storm Water Management Program. Funding Being Available In CIP 804, 303-1601-591.84-00 (2} P. R. No.15047 -A Resolution Authorizing The Mayor Of The City Of Port Arthur To Sign An Interlocal Agreement Between The City Of Port Arthur, The City ~f Groves, The City Of Nederland, The City,Of Port Neches, Jefferson County, And Jefferson County Drainage District No. 7 For Implementation Of The Texas Pollutant Discharge Elimination System Phase II Storm Water Discharge Permit (3} P. R. No. 15048 - A Resolution Authorizing A Gametime - U. S. Communities [Government] Co-Op Purchase Of A Playscape System In The Amount Of $27,974.65 Funded Primarily By A Grant From PremcorNalero Funding: 303-0000- 367-1000 C I P815 -$25, 000; 301-1601-591.89-00 GO-8 P 1- $2, 974.65 4 P. R. No. 15049 - A Resolution Awarding The Bid For The Interior Repairs To The ~) Department Club Due To Hurricane Ike To SKR Construction In An Amount Not To Exceed $22,626 Funding: IKEDE 12~-2300-901.39.00 5 P. R. No.15050 -A Resolution Authorizing The Extension Of The Contract Between ~ ) .. . The ~ity Of Port Arthur And Tammy Jacobs, CPA For The Provision ~f Accounting Services For The Finance Department 3 - ~^ AG E N DA JAN UARY ~ 3, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (~ } P. R. No. 15017 - A Resolution Approving A Second Amendment To Economic Development Conditional Grant Agreement Between The City Of Port Arthur ~ ~Section 4A Economic Development Corporation And Redwine Family Partners, Ltd. ~2} P. R. No. 15051 - A Resolution Authorizing~ The Execution Of A Contract For Professional Services ~Non-Federal Form~ Between The City Of Port Arthur Section 4A Economic Development Corporation And Arceneaux & Gates Consulting , Engineers, Inc., For Engineering, Surveying, Technical And Related Services For Design And Construction Of Roadways, Utilities And Drainage For The City Of Port Arthur Section 4A Economic Development Corporation Newly Acquired 7.269 ' Acres Site Off Hwy 73 . (3) P. R. No.15056 - A Resolution Authorizing The City Manager To Enter Into A Grant Agreement With The Texas Department Of Transportation For Fiscal Year 2009 Regarding Port Arthur Transit System Operating Fund Assistance , (4) P. R. No. ~ 5057 - A Resolution Authorizing The City Of Port Arthur To Publish A Request For Qualifications For A Design/Build Firm For The Renovation Of The Police BuiJding And Central Fire Station B. Ordinances 1 P. 0. No. 5959 - An Ordinance Amending The Zoning Ordinance Of The City Of ~} Port Arthur; By Amending Zoning Sections 7-100, 22-101, And 26-100 And To Include Changes To The Schedule Of Uses Chart, Special Conditions By Use, And Definitions Violation Of This Ordinance Is Punishable As Provided In Section 1-13 In The City Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000.00] Dollars; And Providing For Publication In The Official News a er~ ~f The City Of Port Arthur And Effective Immediately After The pp . . , „ , Publication Date. (Allowing Pet Grooming Shops With A Specific Use Permit) (2) P. 0. 5960 - An Ordinance Amending Subsection (5~ ~f Section 66-3 (A) Of The Code Of Ordinances As It Pertains To Oil And Gas Leases And Providing For Publication ~ 1 4 AGENDA . JAN UARY ~ 3, 2009 VII. ITEMS REQUIRING INDIVIDUALACTION - NON-CONSENT - CONTINUED ~3) P. 0. No. 5966 - An Ordinance By The City Of Port Arthur, Texas ~"City") Approving The Rates Of Entergy Texas,lnc., Contained In The Statement 4f Intent~To Change Rates ("Statement 4f Intent") Filed In The City On December 19, 2008; Approving An Early Effective Date 4f The Rate Change; Finding That The Meeting Complies Vllith The 0pen Meetings Act; Making Other Findings And Provisions Related To The Subject; And Declaring An Effective Date ~ (4) P. 0. No. 5968 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2008 And Ending September 30, 2409 As To Provide Additional Funding For The "4ne Block At A Time Program", Additional Police ~fficers, Drainage Crew, Fire Costs, And Related Equipment (5) P. 0. No. 5969 - An ~rdinance Amending Section 106-4 Of The Code Of Ordinances As It Pertains To Abandoned Property On State Highways, Right-Of- Wa s Or Easements, Providin Penalties Not To Exceed $500 Per Day And Y 9 Providing For Publication C. *Reports And Recommendations ~1) September, 2008 Financial Report (2) Report As It Pertains To The Second Chance Act Of 2007, Grant Programs, And , Other Programs To Assist Criminal Offenders Into Re-Entry Programs, Which Includes Increasing Local Hiring Opportunities 3 Re ort As To The Process Of Naming Of Streets Or Designating Streets ~} p Including 9t" Avenue ~ 4 Re ort As To The Weed And Seed Program (Requested By Mayor Pro Tem ~) p Chatman~ . *The City Council Can Act On Any Of The Above Reports And Recommendations As To Acce t The Repo~IRecommendation Dr To Request Additional Information p And Records VIII. REPORTS OF BOARDS & COMMITTEES None IX. FUTURE AGENDA ITEMS OR REQUESTED REP~RTS 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 5 ~ ~~J ~ RULES O~F DECORUM - CUUNCILMEMBERS ~ Cou~rcilmembers. While the Councii is in session, the members must preserve order and decorum, and a member shali neither b conversation or otherwise, delay or interrupt the proceedings or the peace of the Councii nor disturb any member while speakin or refuse to obey the orders of the Presiding Officer. Members of the Council shall not leave their seats during a meeting without first obtain' ~ permission of the Presiding Officer. . ing the i. Presiding Dffrcer may debate and vote. The Mayor or the Mayor Pro Tem, or such other member of the Council who is servin as Pres~ding ~fficer may move, second and debate from the chair, subject only to such limita~ons of debate as are im osed on all members by this division, and shall not be deprived of any of the rights and privileges of a Counc~lmember b reason of his ' Y actang as the Presiding Officer, If the Presiding Officer is engaged in debate, at the instance of any three members he must relinquish the chair in accordance with provisions of Robert's Rules of Order, Newly Revised. ~ ~ , 2. Geitr'ng the floor; improper references to be avoided. Every member desiring to speak sha11 address the chair and, u. on reco nition by the Presidmg Offcer, shall confine himself to the question under debate, avoiding al! personalities and indecorous lan g guage. 3, lnterruptions. A member, once~ recognized, shail not be interrupted when speaking unless it be to call him to order or as ' provided in this section.-lf a member, while speaking, is called to order he shall cease s eakin ~ unti '. °~erwise determined. If in order, he shail be permitted to roceed. ' p 9 ~~e questaon of order is P 4, Frivilege of closing debate. The Councilmember moving the adoption of an ordinance or resolution sha!! have the rivile e of closin the debate. ~ p 9 9 5, Motion ~o reconsider. A motion to reconsider any action taken by the Council may be made only on the day such action was taken. 3t may be made either imm~diately during the same session or at a recessed or adjourned session. Such motion must be made by one of the prevailing side,~ but may be seconded by any member, and may be made at any time and have precedence over all other motions; it shall be debatable. Nothing in this section shall be construed to prevent any member of the Council from making or remaking the same or any other motion at a subsequent meeting of the Council, 6. Remarks of Councilmember, when entered in minutes, A Councilmember has the privilege of having an abstract of his statement on any subject pertaining to city business and affairs entered in the minutes. 7. Syrropsis of debate, when entered in minutes. The City Secretary may be directed by the Presiding Officer, with consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Council. ~. Robert'~ Rules of Order, Newly. Revised. Robert's Rules of Order, Newly Revised, shal! prevail except where otherwise rovided. P 9. Opportunity to speak. No vote shalf be taken on a motion and second calling for the previous .question until each Councilmember wishing, to speak on the quest~on under debate has been granted at least one opportunity fio speak on the question. This subsection shall not interfere with the Council's right to consider and vote on a motion and second to limit ~the length of debate by each Councilmember. ~ ~ RULES OF DECORUM - CITY STAFF AND EHIPLOYFES City Staff and emp/oyees. Members of the city staff and employees shall observe the same rules of order and decorum as are applicable to the City Council, with the excep~on that members of the city staff may leave their seats during a rneeting without first obtaining fihe permission of the Presiding Officer. . ~ ENFQRCEMENT OF DECORUM Warning. AI! persons shall, at the request of the Presiding Officer, be silent.. - ~ Removal. If, after receiving a warning from the Presiding Qfficer, a person 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 remov~ him. Resisting R~emoval. Any person who resists removal by the Sergeant-At-Arms shatl be charged with violating V.T.C.A., Penal Code 42.05. Motions to ertforce. Any Councilmember may move to require the Pres'rding 4fficer to enforce this division, and the affirmative vote of a majori~y of the Council shall require him to do so. ~ '" ~ QISRUPTIDNSftENDERING MEET~NG UNFEASIBLE Adjour~rment until next regular meeting. If any meeting is willfully disturbed by a group of persons so as to render the orderly conduct of such meet~ng unfeas~ble and when order cannot be restored ~y the removal of individuals who are creating the disturbance, fhe meeting may be adjourned and the remaining business considered at the next regular meeting. Calling special meeting; assessinq cos~s to disrupting parties. If the matter being addressed prior to adjournment is of such a nature a~ to demand imrnediate attention, the Presiding Officer may call a special meeting and assess the cost of that meeting to the disrupting parties if those parties are identifiable. ~ ~ . . • ~ RU~.ES aF ~ECORt~M -- PER~~N~S - ~ ADDRESS~N~ C4U-NCIL & AIiDIENCE MEMB . . , . ERS 1. Recognitian by Pres~ding O~cer, No erso ~ ~~ • , Pres~ding flfficer. .~ p n shall address the Counc~l w~thoufi first being recognized b the , Y 2. Speak~ng Procedure; Li~ni~ation on discussion and ues~i ' ~ up to the micropfione rovided for q.°~~"9; Ea~ pe~son addressing t~e Council~ sha11 step P ~he use of the p~tbl~c and give ~is ~ame and address in an audible tone ' v4ice for the fecords, state,that subj.ect he wish~ tadiscuss ~s~a . of organizataon or ather person and unt !~e whom~he ~'s represettt~ng if he represenfis an remarks to~ fi~te ' ~~~~er t~me is gra~fed by ma~or;ty yo~e of the Coc~ncii, shal! l~mit his (51 m~nu~es, ~11 r~ma~~ shatl be addressed to the Counc~l as a w . thereof. No .person ather than r~embers of hole and not to any member ~enter i~to ~an d~~ ~ ~~ ~~ncil and the person hav~ng the fioor shall be, permitted to ,,. Y ussiort, whet~ier direc~y.or thraqg~ a memb~er of the Counci! wi~hout th .~'~ ~ Pres~dMg Offcer. ~~~ . .- e permiss~on of the ,~.. 3. ., tmproper Refer~encaes, Disorder/y Conduct 8 Perso ' .. ~ ~ : . ~ . ~~ ~1e~~ , , Y n Addressing The CounciJ; Any person~ making, ressl or .p Y, personal, ~m~e~nen~, s{anderous, derogatory, discourteous snide or ~ ~ ~ 'y wrllfully utters toud, threatening or abusive lan .~ ,~ P~~ane remarks or who ~ guage, or engages, ~n any d~sorderly ~o~duct which would ~ impede, disrup~ or disturb the orderly condu the orde ''~ ~ ~ cont~r~ues, ma at the d' ~ ..~ ~. bY the Pres~ding ~fficer, and if such conduc# , , Y~ iscrefion o~ the Pres~d~ng Officer, 6e ordered barred from further audience ~ Counc~i du~ng that Meeting, . before the~ 4. Addresses Af~~ Motian Made or Pablic Ifearin ~ C1ose~d. A been ctosed~ r~o member of 9 fter a mo~on has been made ~r a public hearing t~as .. , , th~ public shatl address the Counai from t~e audienoe on the matter u co~s~dera~on without first se~aring per~fss~on to do so b ina'o ' • , nder 3. C a m p a i g n S p e e c h e s pn~ hi bi t e d. Ho Y]~ Y v o t e o f t h e C~ t y C o u n c ~ l. ~ s eec hes • , t~~ ~ s w i l t b e a! l o w e d t o a d d r e s s t h e C i t y C o u n a l b y ma k in rar~ ai n p for or aga~nst any candidate who has announced ar does an~oun ~ p 9 already ordered on a bailot for elechon, ~ ce his intention to run, or issue 6. Disorderly~ Condrrc~ No perso~ zn the audience sha11 en a e' ' ~ . stamping of feet, whistlin usin 9 9 ~~ disorderty conduct such as hand ciapping, ~ disturbs the 9f 9 profane language, yeliing, and simitar demonstrations, which conduct . peace and good ord~r of #he meet~ng, ~ 7. Limitations on Use of Supple~n~n~~a! Lightinq, Limita~ons on s~ •• ~•• . se of supplementa! Irgh~ng for telev~sion and mot~on pictur~ cameras to create the ~east amount of ~nterference w~th • • and~or discornfor~ to the ublic. or d~sturbance of Counc~t proceed~ngs 8. Persons Ha~vin • p • . . . 9 Compla~n€~, Al~eg~~ons, or Charges Against Iadividua/ Ci Em /o ee~ No any compiain~ specific alie ation or c ~ p Y person sha11 make 9 , ~targe agatnst,an individual City.Emplo.ye~ by..name in ar.public meetin ~ anless he~;~r~t shows ttiat he has ~pursued appropriate administratiu ~ ~ ~.~~ ~ 9.~ e cha nnels. ~ . ~ . , . ENF~RCEMENT OF DE . C4RUM Warning, A[1 per5ons shalf at the requ~est of the Presiding Offcer ~ be si(en~ Removal. ~f, after receiying a war.~ing from the Presiding O~cer a rson ersists '' ' • Officer may order fiim to remove himself from the • ~~ p ~n dis~urb~ng the mee#~ng, such . , meet~ng. If he does not remove himseif, the Pres~di~g afficer may~ order the Sergeant ataarms to remove h~m. ~ . ~ . Resisting Renrov~l, Any person who resists remayal by th~ Ser eant-at-arms sha '' • Penal Code 42.05. 9 I! be charged with v~oiat~~q V.T.C.A, . Motions To Fiifvrce, arty Councilmember rnay move to re uire the Presidi~ Offi ~• •••' - affirmative vote of a rnajor~ty of #h~ Councit shal • p• 9 ~~ to enforce this divis~on, and the . . 1 requ~re h~m to da so, . . ~ . . RULES OF PROCEaU~E J . . ~ . . i ~ ~ • ~ ~ .• • ~ 'Che City Secre~ary shait make public, in accordance with the Texas ' •• , . , Open Meetrngs Law, an agenda contain~ng atf bus~ness ~o be dfscussed at a meet~ng of the C~ty Cau~c~(. , Persans Reauestina- To ge l,feard Qn ~4aenda ~~ems ~1} Residents, An resident who wishes t ' ~ny matter ~may. ~ do so by notifyin th~e Ci g . Y , o address the Coun~ci) on ,. 9 ty ecretary rn accordance w~th the Texas Qp~n Meetings ' Law. (2} Nonresidents, ~iny nonresident wrsh~n,g to address the C~ou~cil shait .noti the Ci Secre~a i•• ~ the matter being considered. The ~i ~ tY rY and spec~ty h~s ~~terest ~n lacin the nar~e ~~~~~ shall present s~ch request ~o the Presid~ng Offcer.foi~ a~proval before ~ g~ o~ the Agenda, , • . , . ~flec~fic Aaenda tem~, Af#er a motio~, second and ~is ' y •~ • cussron~ by ~he C~ty Counc~l on any speafic ag~enda i~em, and ~before a vote is taken, the presidimg pf~icer shall recognize any citizen i~ the ~~rdience wis ` ' ~ • on such item, who shall be permitted to addre~s t h~~9 ~ address~~he counc~l he Councii thereon for a period of three (33 minutes, "`Specific Agenda ~tecns" are defined as any item specified on the Notice of M~et~n ~ • and which becomes the subject of a mot~o 9 posted for purposes of the Texas ~pen Meet~ngs Law . , n before th~ Councii. .