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HomeMy WebLinkAbout02-24-09 REGULAR MEETINGDECOKES "BOBBIE" PRINCE, MAYOR JACK CHATMAN, JR., MAYOR PRO TEM COUNCIL MEMBERS: ELIZABETH "LIZ" SEGLER MORRIS ALBRIGHT, III MARTIN FLOOD JOSH BEARD, JR. ROBERT E. WH.LIAMSON D. KAY WISE THOMAS J.HENDERSON AGENDA City Council Regular Meeting February 24, 2009 8:30 a.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 24 hours prior to the meeting. Please contact the City Secretary's Office, at (409) 983-8115. P.0. BOX 1089 • PORT ARTFAIR, TEXAS 77641-1089.409/983-8115 • FAX 409/983-8291 City Council Meeting City Hall Council Chamber City Of Port Arthur February 24, 2009 8:30AM PLEASE TURN OFF OR MUTE ALL CELL PHONES I. INVOCATION, PLEDGE 8 ROLL CALL Mayor Prince Mayor Pro Tem Chatman Councilmember Segler Councilmember Albright I II 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 8 MINUTES Proclamations Minutes February 10, 2009 Special Meeting III. PETITIONS 8 COMMUNICATIONS A. Speakers None B. Presentations (1) U.S. Census 2010 -Complete Count Committee -Billy Pruett, Partnership Specialist, U.S. Census Bureau (2) Community Development Block Grant Non-Profit Applications (3) Port Arthur Teen Court Presentation C. Correspondence None AGENDA FEBRUARY 24, 2009 IV. PUBLIC HEARINGS - 9:00 AM 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. 15055 - A Resolution As It Pertains To Eagle Ridge Apartments, Ltd. (Requested By Councilmembers Williamson, Henderson, And Albright) VI. CONSENT AGENDA NOTICE TO THE PUBLIC: The Following Items Are 0f 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 Waukesha-Pearce /ndustries, /nc., In The Amount Of $5,050 For Rental Equipment Used For The 2008 City Streets Program B. Consideration And Approval Of Payment To /n/and Environments, Ltd., In The Amount Of $9,880 For The Demolition Of Fire Station #4 (Damaged By Hurricane Ike) C. Consideration And Approval Of Payment To Specia/ty Supp/y & /nsta//ation, LLC., In The Amount Of $7,700 For Repairs To A Mover System For Telescopic Bleachers At The Robert A. "Bob" Bowers Civic Center (Damaged By Hurricane Ike) D. Consideration And Approval Of Payment To C/inica/ /mage Management Systems In The Amount Of $5,187 For The Annual Maintenance Agreement For The X-Ray Machine At The Health Department 2 AGENDA FEBRUARY 24, 2009 VI. CONSENT AGENDA -CONTINUED E. Consideration And Approval Of Payment To De// (Through D/R Pricing) In The Amount Of $5,302.02 For The Purchase Of Six OptiPlex 760 Computers For The Nurse-Family Partnership Program F. Consideration And Approval Of Payment To Reich Company In The Amount Of $114,873 For Repairs To The Landfill's Leachate Collection System (Damaged By Hurricane Ike) G. Consideration And Approval Of Payment To Service Pump And Compressor In The Amount Of $14,464 For A Replacement Engine For The Landfill Pump Station (Damaged By Hurricane Ike) H. Consideration And Approval Of .Payment To Mustang Tractor And Equipmentln The Amount Of $8,436 For Repairs To The Landfill D6R Bulldozer (Unit #1336) Consideration And Approval Of Payment Tp Houston Area Library Automated Network In The Amount Of $37,049 for Computer Services For The Port Arthur Public Library J. Consideration And Approval Of Payment To JLaday Construction In The Amount Of $9,900 For Repairs To Baseball Field Dugouts And Covered Canopy Areas At Various Parks (Damaged By Hurricane Ike) K. Expense Report: City Attorney Mark T. Sokolow: Attend Real Property Foreclosure Workshop, Houston, TX February 18, 2009 $704.44 Acting City Secretary Terri Hanks: Attended TCAA Basic Municipal Law Conference, Austin, TX February 12-14, 2009 $687.97 Resolutions -Consent (1) P. R. No. 15084 - A Resolution Awarding A Bid And Authorizing The Execution Of A Grass Mowing Contract With Affordable Lawn Care For Grass Cutting Services Of Privately-Owned And City-Owned Developed Lots In An Area Of The City Designated As Area A-1, To Be Charged To Account No. 001-1401-551.59-00 3 AGENDA FEBRUARY 24, 2009 VI. CONSENT AGENDA -CONTINUED (2) P. R. No. 15085 - A Resolution Awarding A Bid And Authorizing The Execution Of A Grass Mowing Contract With Affordable Lawn Care For Grass Cutting Services Of Privately-Owned And City-Owned Vacant Lots In An Area Of The City Designated As Area A-1, To Be Charged To Account No. 001-1401-551.59-00 (3) P. R. No. 15086 - A Resolution Awarding A Bid And Authorizing The Execution Of A Contract With T & S Lawn Service For Grass Cutting Services Of Privately-Owned And City-Owned Developed Lots In An Area Of The City Designated As Area A-2, To Be Charged To Account No. 001-1401- 551.59-00 (4) P. R. No. 15087 - A Resolution Awarding A Bid And Authorizing The Execution Of A Contract With T & S Lawn Service For Grass Cutting Services Of Privately-Owned And City-Owned Vacant Lots In An Area Of The City Designated As Area A-2, To Be Charged To Account No. 001- 1401-551.59-00 (5) P. R. No. 15095 - A Resolution Authorizing The Execution Of A Pipeline Crossing Contract In The Amount Of $1.00 For The 39th Street Lift Station Force Main Diversion Project No. 426013, Between The City Of Port Arthur And Kansas City Southern Railway Company, A Missouri Corporation, Account No. 426-1625-532.83-00, Project No. 426013 (6) P. R. No. 15100 - A Resolution Accepting The Sub-Recipient Award Grant Adjustment Notice For The 2008 State Homeland Security Grant Program Projected At $135,000 For The State Homeland Security Program (SHSP) And $89,700 For The Law Enforcement Activities iProgram (LEAP) For A Total Award Of $224,700 (7) P. R. No. 15102 - A Resolution As It Pertains To Setting Public Hearings As To The Disannexation Of Property As Requested By The City Of Groves (8) P. R. No. 15103 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute Settlement Of The Property Damage Subrogation Claim In The Amount Of $9,834.73 aVlade Against Leonel Charly And Bristol West Insurance Group (9) P. R. No. 15104 - A Resolution Authorizing The City Manager To Execute A Financial Advisory Agreement With First Southwest Company 4 AGENDA FEBRUARY 24, 2009 VI. CONSENT AGENDA -CONTINUED (10) P. R. No. 15105 - A Resolution Authorizing The Final Renewal Of A Grass Cutting Services Contract With Trey's Tractor Services For Cutting Of The Port Arthur Business Park Located At 9555 W. Port Arthur Road (11) P. R. No. 15108 - A Resolution Authorizing The City Of Port Arthur To Publish A Request For Qualifications For ADesign/Build Firm For A New Gymnasium/Multi- Purpose Building As An Addition To The Port Arthur Recreation And Senior Citizen Center (12) P. R. No. 15109 - A Resolution Authorizing The City Of Port Arthur To Publish A Request For Qualifications For ADesign/Build Firm For The Construction Of A Fire Station (13) P. R. No. 15110 - A Resolution Authorizing The Execution Of A Contract For The Rental Of A Backhoe With A Hydraulic Hammer Attachment From Sunbelt Rentals, Inc. In The Total Amount Of $22,750.00. Account No. 301- 1601-591.86-00 Project #GO-806 (14) P. R. No. 15111 - A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur And Octave Jacques, A Certified Medical Technologist, To Provide Contract Services For The City's Laboratory (15) P. R. No. 15114 - A Resolution Accepting A Water Utilities Easement From AA Allspace Ltd. For The Construction, Installation, Laying, And Maintaining Of Water Utilities In The City Of Port Arthur (16) P. R. No. 15116 - A Resolution Re-Appointing Dr. William D. George As The Health Authority For The City Of Port Arthur Pursuant To Section 121.023 Of The Texas Health And Safety Code (17) P. R. No. 15121 - A Resolution Authorizing The City Manager To Enter Into A Contract For Roof Replacement And Other Incidental Repairs To Fire Station #8 With KT Maintenance Of Port Arthur,. Texas In The Amount Of $46,400 AGENDA FEBRUARY 24, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 15079 - A Resolution As It Pertains To Entering Into A Rental License And Services Agreement With Hart Intercivic For The May 2009 General And Special Elections (2) P. R. No. 15101 - A Resolution As It Pertains To The Paper Statement Service Charge Of Texas 8~ Kansas City Cable Partners, L.P./Time Warner (Requested By Councilmember Henderson) (3) P. R. No. 15112 - A Resolution As It Pertains To The Demolition Costs Involving The Drago Property (4) ~ P. R. No. 15113 - A Resolution Approving Change Order No. 3, Final Payment, And Release Of Retainage Of The Contract Between Excavators $ Constructors, Ltd. And The City Of Port Arthur Section 4A Economic Development Corporation For Construction Of Jade Avenue (5) P. R. No. 15115 - A Resolution As It Pertains To Members Of The Pleasure Island Commission (6) P. R. NO. 15117 - A Resolution Approving The Payment Of Invoices For Engineering Services To Science Engineering, Ltd. For Construction Material Testing For The Jade Avenue Expansion Project Designed And Engineered By Arceneaux & Gates Consulting Engineer, Inc. (7) P. R. No. 15118 - A Resolution Appointing/Reappointing A Member Or Members To The Library Board (8) P. R. No. 15120 - A Resolution Authorizing The Mayor And Or The City Manager. To Attend And Conduct A Public Hearing At The Offices Of The Port Of Port Arthur, 221 Houston Avenue, Port Arthur, On March 12, 2009 At 9:00 A.M. Regarding The Issuance And Approval Of Port Of Port Arthur Navigation District Of Jefferson County, Texas Exempt Facilities Revenue Bonds (TOTAL Petrochemicals USA, Inc. Project) Series 2009 In The Aggregate Principal Amount Of $50,000,000, As Per 26 USCS Section 147 6 AGENDA FEBRUARY 24, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED B. Ordinances (1) P. O. No. 5973 - An Ordinance Providing For The Conduct Of A Special Election On May 9, 2009 To Submit A Proposition As To Whether Or Not The Existing Section 4A Sales Tax Shall Be Utilized For Various Categories Of Projects As Described In Section 4B Of Article 5190.6, Vernon's Texas Code Annotated, And Providing For Publication Of The Election Notice UN ESTATUTO QUE PREVE EL LLEVAR A CABO UNA ELECCIbN ESPECIAL EL 9 DE MAYO, 2009 PARA SOMETER PROPOSICIONES SI EN TODD CASO LA SECCIbN 4A DEL IMPUESTO DE YENTAS EXISTENTE SERA UTILIZADA PARA VARIAS - CATEGOR(AS DE PROYECTOS SEGIJN LO DESCRITO EN LA SECCIbN 4B DEL ART(CULO 5190.6, EL CbDIGO DE VERNON DE TEXAS ANOTADO, Y PREVIENDO LA PUBLICACIbN DEL AVISO DE LA ELECCI(5N (2) P. O. No. 5980 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting A Specific Use Permit For A Pet Grooming Business At 2726 62"d Street (Lot 3 Block 8 Of Port Acres Addition Port Arthur, Jefferson County, Texas) A 1.5 Acre Lot East Of Jade And South Of 62"d Street (3) P. O. No. 5982 - An Ordinance Designating The Assistant City Managers As Acting City Manager In Case Of The Absence Or Disability Of The City Manager; Outlining The Authority Of The Acting City Manager, Repealing All Ordinances In Conflict Herewith; And Providing For An Effective .Date (4) P. O. No. 5983 - An Ordinance Authorizing The City Manager To Do All Things Necessary To Execute Settlement Of A Claim In The Amount Of $10,073.33 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Police Vehicle #1648 (5) P. O. No. 5984 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2008 And Ending September 30, 2009 As To Provide Additional Funding For Additional Staff In The Finance Department, Reverend Dr. Ransom Howard Street And West Side Historical Marker (6) P. O. No. 5985 - An Ordinance As It Pertains To The Pleasure Island Commission And The Sale Of Property 7 AGENDA FEBRUARY 24, 2009 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED C. *Reports And Recommendations A Report As To Citations Being Issued Against Persons Who Commit An Offense By Parking In Designated Disabled Parking Spaces (Requested By Councilmember Flood) *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 8 COMMITTEES -None IX. *CLOSED MEETING (EXECUTIVE 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 551.087 Government Code - To Discuss Incentives As To Commercial, Industrial, And Residential Business Prospects (2) Section 551.071 Government Code - To Discuss With. The City Attorney Potential Litigation As It Pertains To Williams & Rao (3) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation And Appeal As To Worsham Vs. Cityand P/C (4) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation With Jerry Norris *The Items In Executive Session May Be. Discussed And Acted On In Open Session AGENDA FEBRUARY 24, 2009 X. 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 XI. ADJOURNMENT OF MEETING 9 MULES OF DECORUM -- PERSONS ADDRESSING COIfNCIL 80. AUDIENCE MEMBERS i. ~ ~ PrrsVdlaP . N9 Parson shal~°address the Coundl without first being recognized b the 2' ~°'as~ w+q; Umitation on d ~ y up ~ ~ m and que:tioning. Each person addressing the Coundi shall step i°'O~e Provided /Oi' the use of the public and give 61s name and address in an audible tone of orgaai::tian ~'~ sub~aet ha ~~ tadisa~,•state whom•he is representing if he represents an rararlas to five ~On~ and anless futtbar time la graphed by mado~tY robe of tfie Coundl, shalt limit his ~ ~~' Ali :hail be addrossed to the Coundl as a whole and not bn any member thereof. No person ~~ than ~~ ~ ~ Coundl and the en~ar)nbo any dam, whether di person having.the -floor shag be, permitted to ~~ ,. roctly.or throagh a member of the Coundy without the.pennL~ion of the ,:: 3• .. Radarwrp~, pY Gbr~dtKat liy Aivsaa Adder/ The Qorindl;; . ~:. ... intptiedly, personsy impe'tlnen~ slanderous, derogatory ~ Ant/ Im~n~ malting, expressly or im lfrti~ utters ~' ~~~ °r #bushra language, or e ~ yield ~ profane-remarks or who P~4r distvp~ or disturb the ord ~y aonducx which would ' ~~~, may. at the °~ conduct, the order by the Presiding Officer, and if such conduct ~ ~,~~~~ Neetlon of the Prodding Officer, be ordered bannd firm furtfier audience'before the' Made ar Ptrbi~c ~d After a motion has been made or a public hearing-has been dosed, no n~nber ~ ~ publk shall address the Coundl .fFam the audia~ce on the matter under ~~ Peron bo.do sD 3. by eu~ority vote of the City Cormdi. ' persons w~ ba aibwed to address the City Coundl by making campaign speed+es for or agalrtat say candidatie who hss announced or does announce his intentlon bo run, or Issue already ordered on a ballot for 6. Gdrovd~rlp Cov~darct: ~ Peron in the audience shall . sta~ttpMg ~ feet, whistEng, using profane la °~~ in disordaiy conduct: suds ~ hand dapping, ~d~ur'bs ~ peace and good order of the rneetlnp, fie. yelling, and similar demonsttaiions, which conduct 7. ~~ ~ ~ ~~rpWe~b/ ~~ Limitations on use of supplemental lighting for tdevWon and motlon pkture cameras bo create the least amount of inte~ferenae with or d~turbanee of Coundi proceedings and/or discomfort to the public 8' ~~ ~ /ate AI-/eyadonar or C~siyas Aga/RSt Lrdh~/Qus/ CYty Einp/oyeex. No . n1- complaint, spedAc alleyadon, or chat~e agairut,an individual ~~ shall make unless helle~st shows that he has pursued a ~hl.Employee byname in a:pubiic meeting. - - PProPriabe administrative d~annels:• ~ • ENFORCEMENT OF DECORUM ~~~• ~ Persons shall at the request of tfie Pr+eddirg O(Nosr; be s11atL Ressoe-aL If, ether raoeivtnp a warning iMgm tits Presiding Olftger, a person Persists in disturbing the meeting, such Ol'flcer may order film to remove himself from the meeting. If ha does not romave hin>selt, tfie Presiding Officer may. order tfie Sergeant-ato-arms to remove him. ' - An1/ person who resists romovai by the Sergeant-at-arms shall be charged viritfi violating V.T.C.q, Penal Code 42.OS. To vo Asy Coundlmember may move bo require the Presiding OtRaer to enforce this division, and the . h/ of the Coundi shall rogyira him to do so. ~ . RULES OF PROCEDURE ~ = ,. Tha ~y art/ shall melee public, in aooordanoe wltle the Texas Open Meetings Law, an agenda eontaining all business m be disc~asad at a meeting of the City Coundl. arty ' matter •max •'do so by notifying the (i) Resident. Any resident who wishes to address the Coututt on ph/ Saa+at~ry in acoordartce vkith the Texas Open Meetings 'Caw. (2) NonresideMx. Any noramtdent wishing to address the Cbundl shag twdfy/the City Secretary and spedfl j his interest in pisdng the narxe ~ Agenda.. ~ Secnnary shall present such request to the Presiding OfRcer.for approval before Afbar a motlon, second and egsa~toe by ifia City Coundl on any spsdfic agenda item, and 'before a vote b taken, the presiding Officer shall recogni:• any dtizan in the audience wlshtag bo atldres~s•the coundl °n ~ wlu~ shah ~ permitted to address the Coundl thereon for a period of three (3) minutes. "Spedfic Agenda Items" ars defined ~ any item spedited on the Notice of Meteting posted for purposes of the Texas Open Meetings Law and which becomes the subiett of a motion before tfia Coundl.