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HomeMy WebLinkAbout02.10.09 REGULAR MEETINGDELORiS "BOBBIE" PRINCE, MAYOR BACK CHATMAN, JR., MAYOR PRO TEM COUNCIL MEMBERS: ELIZABETH "LIZ" SEGLER MORRIS ALBRIGHT, III MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WII.LIAMSON D. KAY WISE THOMAS J. HENDERSON AGENDA City Council Regular Meeting February 10, 2009 5:30 p.m. STEPHEN FITZGIBBONS CITY MANAGER TERRI HANKS ACTING CITY SECRETARY MARK T. SOKOLOW CITYATTORNEY 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 2.4 hours prior to the meeting. Please contact the City Secretary's Office, at (409) 983-8115. P.O. BOX 1089 • F~iT ARTHI#t, TEXAS 77641-1089.409/983-8115 • FAX 409/983-8291 City Council Meeting City Hall Council Chamber City Of Port Arthur February 10, 2009 5:30PM PLEASE TURN OFF OR MUTE ALL 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: Chief of Police Blanton Or Designee II. PROCLAMATIONS & MINUTES Proclamations Minutes January 27, 2009 Regular Meeting III. PETITIONS & COMMUNICATIONS. A. Speakers (1) Chris Underhill Regarding Upkeep Of Port Arthur (2) Virginia Dudley Regarding Trash Collection (3) Frances Griffin Regarding "Help Us Be A Family-And Get In Shape", A Track At Eagles Park (4) Mayor Brad Bailey,. City Of Groves, Regarding Underdeveloped Property On Hogaboom Road And Highway 347 B. Presentations U.S. Census 2010. - Complete Count Committee - Billy Pruett, Partnership Specialist, U.S. CensusBureau C. Correspondence -None AGENDA FEBRUARY 10, 2009 IV. PUBLIC HEARINGS - 7:00 PM To Consider Granting A Specific Use Permit For A Pet Grooming Business SUP-206, Located At 2762 62"d Street (Location Is East Of Jade And South Of 62"d Street). Applicants: Beth Westbrook & Ethel LaBure (Z08-11) 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. 15077 - A Resolution As It Pertains To The Permit Application Of Triangle Waste VL 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 H-GAC (Through Rush Truck Centers Of Texas) In The Amount Of $189,848 For The Purchase Of A 2009 GMC C8500 Trash Truck With Loader And A 40 CY Trash Trailer B. Consideration And Approval Of Payment To Power/ine /ndustries In The Amount Of $8,995 For The Purchase Of A Mobile Pressure Washer For The Fire Department C. Consideration And Approval Of Payment To Environments/ /mprovements, /nc., In The Amount Of $8,934 For The Purchase Of A Positive Displacement (Progressive Cavity) Sludge Pump D. Consideration And Approval Of Payment To ACFM, /nc., In The Amount Of $10,435 For The Purchase Of A Blower For The Main Wastewater Treatment Plant E. Consideration And Approval Of Payment To BLOC Design-Bui/d, LLC In The Amount Of $23,975 For The Purchase Of Radio Telemetry Systems For Several High Level Alarms At The Main Wastewater Treatment Plant 2 AGENDA FEBRUARY 10, 2009 VI. CONSENT AGENDA -CONTINUED F. Consideration And Approval Of Payment To NAH, /nc., In The Amount Of $6,928 For Repairs To Gym Floor At Recreation Center G. Consideration And Approval Of Payment To A&A E/ectric Company In The Amount Of $22,247 For Installation Of A New Electric Service And Main Breaker (Damaged By Hurricane Ike) At The Electrical Shop H. Consideration And Approval Of Payment To Wa/ker's E/ectric In The Amount Of $6,500 For Installation Of A Fusible Disconnect At The City Garage (103 H. O. Mills Boulevard) I. Consideration And Approval Of Payment To Huther & Associates, /nc., In The Estimated Amount Of $7,720 For Laboratory Services (Biomonitoring Only) For The Main And Port Acres Wastewater Treatment Plants J. Consideration And Approval Of Payment To Tommie Vaughn Motors For The Purchase Of A 2009 Ford-F250 Crew Cab 4x4 Pickup In The Amount Of $23,144 And A 2009 Ford F-150 4x4 Pickup In The Amount Of $17,366 For The City Landfill K. Consideration And Approval Of Payment To Tommie Vaughn Motors In The Amount Of $21,322 For The Purchase Of A 2009 Ford Explorer XLT For City Hall L. Consideration And Approval Of Payment To Sam Pack's Five Star Ford In The Amount Of $19,463 For The Purchase Of A 2009 Ford F-250 Crew Cab Pickup For The Engineering Division M. Consideration And Approval Of Payment To Chemtex In The Amount Of $27,460 And Approval Of Payment To Anacon, /nc., In The Amount Of $1,406 For Laboratory Services (Non-Biomonitoring) N. Consideration And Approval Of Payment To Neches Engineers In The Amount Of $7,612.69 For Assessment Of Damages To Fire Station #4 In Sabine Pass Resolutions -Consent (1) P. R. No. 15025 - A Resolution Awarding A Contract To Jamal Building In The Amount Of $13,422.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group E), To Be Charged To Account No. 106-1425-571.59-00, Project No. RITA01 (TDHCA Funds) 3 AGENDA FEBRUARY 10, 2009 VI. CONSENT AGENDA -CONTINUED (2) P. R. No. 15026 - A Resolution Awarding A Contract To Jamal Building In The Amount Of $14,972.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group F), To Be Charged To Account No. 106-1425-571.59-00, Project No. RITA01 (TDHCA Funds) (3) P. R. No. 15038 - A Resolution Authorizing The City Manager And The City Attorney To Purchase Lot 1, Block 5, Schmyser 3 Addition (West 6th Street) And To Execute The Closing Documents (Project #CIP 909, Account No. 303-1601- 591.81-00) (4) P. R. No. 15052 - A Resolution Authorizing The City Manager To Execute An Interlocal Contract Relating To The Planning, .Development, Operation And Provision Of 9-1-1 Service And The Use Of 9-1-1 Funds (5) P. R. No. 15074 - A Resolution Authorizing The City Manager To Execute A Master Services Agreement With Paymentus Corporation To Provide Electronic Bill Paying Services To The City Of Port Arthur (6) P. R. No. 15081 - A Resolution Awarding A Bid And Authorizing The Execution Of A One (1) Year Contract Between The City Of Port Arthur And Scodeller Construction Of Wixom, Michigan For Crack Sealing Of Concrete And Asphalt Pavements On A Unit Cost Basis For Various City Funded And Community Development Block Grant (CDBG) Funded Street Projects; Proposed Funding: Street Division Account 001-1203-531.36/51/86 And CDBG Street Project Accounts (7) P. R. No. 15082 - A Resolution Authorizing The City Manager To Execute A Janitorial Services Contract For The Utility Operations Service Center And Warehouse With Southeast Texas Building Services Of Nederland, Texas, In The Amount Of $7,020 Per Year. Account No. 410-1251-532.59-00 (8) P. R. No. 15088 - A Resolution Approving Interlocal Agreement Between The Ciry Of Port Arthur And Workforce Solutions Southeast Texas For Reimbursement Of Rental Costs For Equipment Related To Hurricane Ike Recovery In An Amount Not To Exceed $265,709.97. (Account No. 121-2300-901-51-00 -Applicable Project) (9) P. R. No 15090 - A Resolution Authorizing Acceptance Of An Engineer's Certificate Of Completion, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee From Camden Builders, Inc. Fo.r The Completion Of The Public Water System Improvements Serving Stone Creek Apartments, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas 4 AGENDA FEBRUARY 10, 2009 VI. CONSENT AGENDA -CONTINUED (10) P. R. No. 15091 - A Resolution Authorizing Acceptance Of An Engineer's Certificate Of Completion, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee From Richard Daley For The Completion Of The Public Sewer System Improvements Serving Quail Hollow Phase 1 Subdivision, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas r (11) P. R. No. 15092 - A Resolution Authorizing A Memorandum Of Understanding Between The Texas Forest Service And Regional Incident Management Team Member And The City Of Port Arthur (12) P. R. No. 15094 - A Resolution Awarding The Bid For Repairs To Rose Hill Manor Due To Hurricane Ike To Pepper's Construction In The Amount Of $9,500. Proposed Funding: 121-2300-901.32-00 IKERH (13) P. R. No. 15096 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (14) P. R. No. 15097 - A Resolution Authorizing The Execution Of A Contract For The Rental Of Two Automated Side Loader Garbage Trucks From Big Truck Rental, LLP Of Tampa, Florida In The Total Amount Of $60,000. Account No. 403-1272- 533.51-00 AGENDA FEBRUARY 10, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 15053 - A Resolution Appointing Or Reappointing A Member Or Members To The Pleasure Island Commission (2) P. R. No. 15055 - A Resolution As It Pertains To Eagle Ridge Apartments, Ltd. (Requested By Councilmembers Williamson, Henderson And Albright) (3) P. R. No. 15083 - A Resolution As It Pertains To The Permit Application Of Port Iron (4) P. R. No. 15089 - A Resolution As It Pertains To PA Holdings III, Ltd. (5) P. R. No. 15093 - A Resolution Appointing And/Or Reappointing A Member Or Members To The Advisory Wellness Committee B. Ordinances (1) P. O. No. 5949 - An Ordinance Granting An Excavation Permit Issued Pursuant To Article VII (Excavations) Of The Code Of Ordinances Of The City Of Port Arthur To Roya Estates Located South Of Lake Arthur Drive And West Of Proposed 67th Street (AKA Part Of Lot 5, Block 10, Range "G" Lots 7 & 8, Block 10, Region "H" And Part Of Reserve "C" Port Arthur Land Company, City Of Port Arthur, Jefferson County, Texas (2) P. O. No. 5967 - An Ordinance Repealing Section 2-53 Of The Code Of Ordinances As It Pertains To Executive Sessions (Requested By Mayor Prince) (3) P. O. No. 5971 - An Ordinance Providing For The Conduct Of The May 9, 2009 General Election For The Purpose Of Electing Councilmembers For Districts 5 And 6, Providing For A Joint Election With The Port Arthur Independent School District, The Sabine Pass Independent School District, The Port Of Port Arthur Navigation District And The Sabine Pass Port Authority, In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice UN ESTATUTO QUE PREVE EL LLEVAR A CABO LA ELECCIbN GENERAL DEL 9 DE MAYO, 2009 CON ELFIN DE ELEGIR MIEMBROS DEL CONSEJO MUNICIPAL PARR EL DISTRITO 5 Y 6, Y PREVIENDO UNA ELECC16N EN UNIbN CON EL DISTRITO ESCOLAR INDEPENDIENTE DE PORT ARTHUR, EL DISTRITO ESCOLAR INDEPENDIENTE DE SABINE PASS, EL DISTRITO DE NAVEGACIbN DEL PUERTO DE PORT ARTHUR Y LA AUTORIDAD DEL PUERTO DE SABINE PASS, DE CONFORMIDAD CON EL CAPITULO 271 DEL CbDIGO DE ELECCIbN DE TEXAS, Y PREVIENDO LA PUBLICACI~N DEL AVISO DE LA ELECCI~N 6 AGENDA FEBRUARY 10, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED (4) P. O. No. 5976 - An Ordinance Awarding A Bid For The Sale Of Property Located At 3510 Lake Arthur Drive (5) P. O. No. 5977 - An Ordinance Amending Section 22-162 Of The Code Of Ordinances As It Pertains To Metal Recycling Facilities, Requiring Vehicles That Carry Scrap That Is Of Such A Nature That It Can Fall Out Of The Truck To Have A Tarp, Providing For Publication And Providing For A Penalty Which Includes A Fine Not Exceeding Two Thousand Dollars (Requested By The Mayor) (6) P. O. No. 5978 - An Ordinance Accepting The Deed For A 60 Foot Wide Street Right-Of-Way Out Of And A Part Of Lots 1 And 2, Block 12, Range "J" And Lots 7 And 8, Block 11 Range "J", Port Arthur Land Company Subdivision In Port Arthur, Texas From Redwine Family Partners, Ltd. And Dedicating The 60 Foot Wide Street Right-Of-Way For Anchor Drive Extension From Jimmy Johnson Blvd. Southerly For A Distance Of 500 Feet, More Or Less (7) P. O. No. 5979 - An Ordinance As It Pertains To A Tire Bounty Program (Account No. 403-1271-533.59-00) (8) P. O. No. 5981 - An Ordinance Amending Section 90-162 Of The Code Of Ordinances As To Admission Practices During Mardi Gras (Requested By Councilmember Flood, Mayor Pro Tem Chatman, And Councilmember Beard) C. *Reports And Recommendations (1) Report On Fees Charged For Demolition Of Commercial Buildings (2) Report On Tax Credit Projects (3) Report On CDBG Grant Application Process (4) Report On Crime Statistics & Surveillance Cameras (5) Report As To Possible EDC Proposition Or Propositions For May 2009 Special Election (6) Report On FEMA/Recovery Update *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 7 RULES OF DECORUM -- PERSONS ADDRESSING COU•IVCIL 8~. AUDIENCE MEMBERS 1. RernyNaloo by Prmr/d/Rp per. No person shall'address-the Coundl without firs! being recognized by the Presiding O(fioer. ~ ~~ iwney Umitation on disa~sbn and questloning. Each person addresdng the Coundi shalt step up to the microphone pr~~ fbr the y~ ~ ~ p~k and give his name and address in an audible tone of voice for the records, state,tiax sut~eet he wishes to-disca~ss; state whom~he Ts representing M he represents an organization or other person, and unless >tuther tlrne k granted by ~~y ~~ of the Coundl, shag limit h1s remarks to flue (37 ndnutes. Ail ranarks shall be addr+msed to the Coundl as a whole and not to any member thereof. No person other than members of the Coundl and the person having the floor shall be. permitted to Pnesid ntoadisau~sion, whether directlyor theoagh a member of the Coundl, without the.permission of the 3. .. Inrpvopsr R Dhaorder/y Condad' Qy Permit .4ddr+aslip The Coandf impliedly, psrsonay impertine~ sla ~Y Peen making, expressly or ' ~ wNifutly utters loud, tfireatening or abusive ~ery• discourteous, snide, or Profane.r+emarks or who imPa~er disrupt, or dkturb the ~ ~, or engages, in any disorderly conduct whidt would. orderly conduck, the order by the Presiding Officer, and if such conduct continues, nay. at the discretion of the Presiding Offker, be orden3d barred firm further audhenoe'before the' Cound! during fiat Meeting. . ~ ~~w1~r IM-odbvi Made or Pri4r/c Naaifily . After a rnotiat has been made or a public hearing has ..been dosed, no mamba. of thq publk shag address the Coundl from the audience on the matter under consideration without first secaring pern~sion do do so by ina~orlty vote of the City CotmdL '-L ~mtPa~+ ~sp~eer/les Pl~/iZ6/ted, No persons wip ba allowed to address the City Coundl by making campaign speed~ss for or against any candidate who has announced ar does announce his intention to run, or issue already oMered on a baitot for eledfon. ~ ~ Candact No person in the audience shall engage in disorderly conduct such as hand da in P ng feet;, whistling, using profane tan u e PP 9. :disturbs the peace and gag .Yelling, and similar demonstrations, whkh conduct good order of the meeting. 7. Ui~bf~ ~ (~ olSypP/eni~eob/ ~~~ Limitations on use of supplemental lighting for televWon and nwtion Pi~r1° cameras to create the least amount of interference with or disturbance of Coundl proceedings and/or discomfort to the public 8. Pe~vn~s Har~lag C~~/nts;, A///egadon4, o~ C~siye4,gpalnst Iirdlv/dua/ Gty Emp/oyeee No any eompiai~, spedflc allegation, or darga against.an individual Person shall make unless ha:Arst shows that he has' unwed a City•Employee by name in a•public meeting . P ppropriate administrative dtannels:~ ~ • • • ENFORCEMENT OF DECORUM Warr/np: AU persons shall at the request of the Presiding Otfioer; be silent. RerrovaL It, after' receiving a warning from the Presi~ng Officer, a person persists in disturbing the meeting, such Officer may order film to romove himseM from the meeting. If he does not remove himself, the Presiding Offlcor may order the Sergeant at0an;ns to remove him. Rs~-ily Rarrovi/. Any person who resists removal by the Sergeant-atarms ahail be charged with vlotating V.T.C.q, Penal Code 42.05. Motlaris To !'nl6rr~ Any Coundlmember may move to require the Presiding Officer to eMorce this division, and the afflrnativa vote of a rnadority of tite Coundl shall rogylre him to do so. RULES OF PROCEDURE ~ ' . ,•. The City Secretary shalt make pu61i~, In aeeoManae with the Texas Open Meetings Law, sn agenda containing ail business to be dbcussed at a meeting of the Ctty Coundi. any 'matter •may ~ do so (1) Residents. Any resident who wishes to address the Council on ~/ notifying the Ctly Sea'etary in accoManee with tithe Texas Open Meetings'Law. (2) Nonresidents. Any nonresident wishing to address the Coundl shalt notify the City Secretary and spedfy his interest in the matter being considered. The City Secretary shag proses such request to (fie Presiding OfRcer.fo~ approval before pladng the nsna on the Agenda.. After a motion, second and dlsa~sdof} by the City Coundl on any spedfic agenda item, and 'before a vote is taken, the Presiding Officer shall recognize any dtizen to the audience wishing to a~ldress~the coundl on ~~ ~~ who sh~l ~ permitted to address the Coundl thereon for a period of three (3) minutes. "Spedflc Agenda items" are defined as any item specified on the Notice of Mdetln9 posted for. purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Coundi.