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HomeMy WebLinkAbout1-05-10 REGULAR MEETINGDELORIS "BOBBIE" PRINCE, MAYOR ELIZABETH "LIZ" SEGLER, MAYOR PRO TEM COUNCIL MEMBERS: JACK CHATMAN, JR. MORRIS ALBRIGHT, LII MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE THOMAS J. HENDERSON e~ty o~ OTt rtltur T8JC1tS AGENDA City Council Regular Meeting January 05, 2010 8:30 a.m. STEPHEN FITZGIBBONS CITY MANAGER TERRI HANKS CITY SECRETARY VAL TIZENO ACTING 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 17641-1089 • 409/983-8115 • FAX 409/983-8291 City Council Meeting City Hall Council Chamber City Of Port Arthur January 5, 2010 8:30AM PLEASE TURN OFF OR MUTEALL CELL PHONES INVOCATION, PLEDGE & ROLL CALL Mayor Prince _ Mayor Pro Tem Segler _ Councilmember Chatman Councilmember Albright III _ Councilmember Flood _ Councilmember Beard _ Councilmember Williamson _ Councilmember Wise _ Councilmember Henderson City Manager Fitzgibbons _ City Secretary Hanks _ Acting City Attorney Tizeno _ Sergeant At Arms: Police Chief Blanton Or Designee, II. PROCLAMATIONS & MINUTES Proclamations Minutes December 15, 2009 Special Executive Meeting December 15, 2009 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers None AGENDA JANUARY 5, 2010 III. PETITIONS & COMMUNICATIONS -CONTINUED B. Presentations (1) Presentation Of The Certificate Of Achievement For Excellence In Financial Reporting From The Government Finance Officers Association Of The United States And Canada To The City Of Port Arthur For The Year Ended September 30, 2008 (2) Billy Pruitt, U. S. Census Bureau, Dr. Albert Thigpen, Ronald Burton, Port Arthur Complete Count Committee Regarding "Port Arthur Wins With 2010 Census Comp/ete Count" C. Correspondence -None IV. PUBLIC HEARINGS - 9:00 AM To Consider Proposed Change From Single Family (SF) To Planned Development For Neighborhood Services - Excluding Educational/Institutional, Amusement, Temporary-Permit, Transportation Related, Commercial Type, Special Industrial And Agricultural Uses (PD- NS). Located At 4400 Atlantic Road, Lies On The Eastern Sector Of Atlantic Road And North Of 39th Street, Port Arthur, Jefferson County, Texas V. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: None AGENDA JANUARY 5, 2010 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 Crabtree Barricade Systems, Inc., Beaumont, TX In The Amount Of $17,775 For The Purchase Of Plastic Barricades For The City Streets Division B. Consideration And Approval Of Payment To Industrial Apparatus Service, Inc., Beaumont, TX In The Amount Of $6,636.24 For Repairs To A 100 Horse Power Electric Motor At The EI Vista Pump Station C. Consideration And Approval Of Awarding A Bid To Roll Offs, U.S.A., Durant, OK In The Amount Of $43,590 For The Purchase Of Five 2-C.Y., Fifteen 4-C.Y., And Fifty 8-C.Y. Commercial Containers D. Consideration And Approval Of Payment To HD Supply, Beaumont, TX In The Amount Of $8,100 For The Purchase Of 36" Repair Couplings For The Main Outfall Lift Station Force Main E. Consideration And Approval Of Payment To Hernandez Office Supply, Nederland, TX In The Amount Of $14,852 For The Purchase Of A New Kyocera Taskalfa Copier, Printer And Fax Machine (Including A One Year Maintenance Agreement) For The Transit Department AGENDA JANUARY 5, 2010 VI. CONSENT AGENDA -CONTINUED F. Expense Reports Councilmember Robert E. "Bob" Williamson Attended NLC Annual Conference, San Antonio, TX November 10-13, 2009 $ 2,094.80 Attended Meeting Regarding Affordable Housing/ Replacement Housing, New Orleans, LA December 6-9, 2009 $ 1,578.51 Acting City Attorney Valecia R. Tizeno 21St Annual Secretary Of State Election Law Seminar, Austin, TX December 6-8, 2009 $ 978.00 Resolutions -Consent (1) P. R. No. 15672 - A Resolution Authorizing The City Manager To Execute A Local Transportation Project Advance Funding Agreement For An American Recovery And Reinvestment Act (ARRA) Project, With The Texas Department Of Transportation, Related To Utility Relocation For The Widening Of FM 365 From Highway 69 To Spur 93 (CSJ NO: 0932-01-076) In An Amount Estimated To Be $412,940 (Account Number 303-1603-591.89-00, CIP 001) (2) P. R. No. 15674 - A Resolution Authorizing The Police Chief To Utilize Up To $7,500 For Material To Secure Abandoned Structures Under The One Block At A Time Program, Account Number 001- 1053-517.59-00 (Requested By Mayor Prince) (3) P. R. No. 15675 - A Resolution Approving The Demolition And Clearance Of Thirty-Five (35) Commercial Properties That Were Damaged As A Result Of Hurricane Ike. Texas Department Of Rural Affairs Funds (TDRA) Will Be Used To Demolish These Structures; The Account No. Is 141-1201-532.59-00, Project No. ORDEMO (4) P. R. No. 15676 - A Resolution Rescinding A Contract With Otis Elevator Company For Elevator Maintenance Services, Effective Date February 5, 2010 AGENDA JANUARY 5, 2010 VI. CONSENT AGENDA -CONTINUED (5) P. R. No. 15677 - A Resolution Authorizing A One (1) Year Contract With Thyssenkrupp Elevator Of Houston, Texas For Maintenance Services For The City Hall Elevators In The Amount Of $560 Per Month, For An Annual Cost Of $6,720. Funds Are Available In The Public Works City Hall Account No. 001-1206-531.32-00 (6) P. R. No. 15682 - A Resolution Amending The Independent Professional Services Agreement Between The City Of Port Arthur And William D. George, MD To Act As The Supervising Physician Of The City Of Port Arthur's Employee Health Services Clinic AGENDA JANUARY 5, 2010 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (1) P. R. No. 15658 - A Resolution Approving The Purchase Of Advertising Space On The Memoria- Stadium Scoreboard By Execution Of An Agreement By And Between Port Arthur Independent School District And The City Of Port Arthur Section 4A Economic Development Corporation (2) P. R. No. 15678 - A Resolution Appointing Members To The Port Arthur Youth Advisory Council B. Ordinances (1) P. O. No. 6050 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Creating Planned Development District- 26 (PD-26), Allowing For A Neighborhood Services Designation On Tract 2A, 3.400 (Called 3.397) Acres Of Land Part Of Lots 2, 3, 5, 6, & All Of Lot 4, Whittington Place No. 2 Addition & Joseph Grigsby League, Abstract No. 27, Port Arthur, Jefferson County, Texas (Located At 4400 Atlantic Road). (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Section 1-13 Of The Code Of Ordinances As Amended By Fine Not Exceeding Two-Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date. 209- 03 (PD-NS #26) Planned Development With Neighborhood Service Uses For A Lodge (2) P. O. No. 6056 - An Ordinance Amending Ordinance No. 08-83 As It Pertains To The Cost Of Various Sewer Line Improvements On Stn Avenue Pursuant To Chapter 402 Of The Local Government Code In The City Of Port Arthur 6 AGENDA JANUARY 5, 2010 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED C. *Reports And Recommendations (1) October, 2009 Financial Report (2) Report On Demolition Activities *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. *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 Possible Incentives With Triangle Waste At The City Of Port Arthur Section 4A Economic Development Corporation Business Park (2) Section 551.087 Government Code - To Discuss Possible Incentives As To Call Centers (3) Section 551.087 Government Code - To Discuss Possible Incentives As To A Health Clinic AGENDA JANUARY 5, 2010 IX. *CLOSED MEETING (EXECUTIVE SESSION) -CONTINUED (4) Section 551.072 Government Code - To Discuss The Value Of Land In The Neighborhood Stabilization Program (NSP) Area, Round 1 (An Area That Borders Foley Avenue To Main Avenue And Lakeshore Drive To 39th Street) *The Items In Executive Session May Be Discussed And Acted On In Open Session 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 s I~tl1LE.S OF GECORtlM :. PERSOI~.S AaORESS~NG COt3NCIL & AUDIENCE MEMBERS ~ ~ ''re+oldla~ 0117fcw. No Person shail'addtrss the Coundl without Rest tiain9 recognized bll the ~ 'rv~eesdrrrp Lhltatlon on rep ~ the aeicrop~e provided !br th ~ quasttonleeg. tadt peison addrsssleg the CorasdE sha0 step voice fa'the moords, stabs th~~~ ~ wWus ~ bAc and ~ tits aame acid addree m as audible tone of ~~ bo°a sr' otlear Pin, and aNgss ttaM .•.~ats whoee•l+e is ~eeaantlnp U lei rnte an Itrs {qj ~~, ~ siaA ~. .. ! Iry veil otlh~ Cawedt,s~aA .hdt his thereof. tilo peieen eathr q~ aesar6eES ~ ~ d ~ thy: touae8~ as a ~rhta aid dot der auy. maeee6er .ntier itb ~ry and tea. parser iayvheg th .lbae~,*aI1.IM paemit~ ~ -~.r~. dt"`~°r t'6i'°~It a aeene~`oE lh. touad4 w~awe.permisioa.o/' ~e ~. - ~ .. i"'piiady P~rsosal, im~tl~ '~'Ir'°~'• AAd ~ . MI . ~oep~iy or h ~lbses: food, hbenig ~ ~'0~°ry` ~ seam, or Pedlns-ranirirs or who ar as6sa Iha - ar angagai~ a ~ dboe+ir~ aaesdees whiieh would contlasea, ter: ~ tba ~ r. °°°°a°~ !!e. a~dai~ 6t- w. ~6g oAbar, aese r sedr coerdv<t Cbuaaf ~ the Ofiloer, b. a~deeed bared toss ~ ,e ~+.lher d` ~~~s ~ orlel~eheirj h6.AfdY a aaatlaa teas. bees aods~ or a costisida ~ °f ~ Pie sleedi addeeraa the Cotaad .lwsa ~ ae~asoa es. ~ ~ u~. 3, ~,~-Pr*+~~eios is da so by iaadorLLy ~a of t!t• C~ Caaedl. ldasns rri b. atiewrd her adh fife tbe~ ar agaieest awy eaa~ba whp ha: aanoertiob er daes annaneo~i tetee,~a e s~dY ordend~ oea a 6aAert 1br elaei~. t ~rdr~' No P~aa to the aeediaaaw slut ~ f 00~` ~ ~! P~`a~ h ~ ~soedatly ao~ad sndr as hand dapping, ditur6s the pv4 and !mod onMr d the aaei~~e' ~in9, and su~equ which conduct 7. ~~~e'e ~s ~ ereabs the Into~t on use of snppleneanb[ Qgletttng tror~ batavkian and aad/or dlseonefaet ~ yw .per inaeeferenaea wide ae; d~baneer of Caunail pe+oeeedmgs IR. P-mrs+avss ~ ~~ o~ Agsfitstlndltdfdva/ C1fLlr Etc. No persoe shat[ eeeaiee a11Y coenplatnt; sP!dBc agepatitoee, or ~~ against an ~tndivlduai untms tier:Aist shorirs filet he has' C1hf.Empto~y~ae by naeeeet in at.pubec mating puaarad :pprvpriat~s admdnis~ative channels: ENFORCEMENT OF DECORUM Warerln9. Aq pertoas shah at the request of tla Rewoers6 It, afar esoaivinq a warning h'"4m the I•esddi~ ' be sitenL ~Sarq~ aht0a from tiw9 ~n peesisly ni ~~ may. parcel Co~daR6 ~Y lwrsoee who re~sa ren+aval ~ ~ Sargeantv~aems shaft be dsaeged widt violating Y.T.C.A, afi~tl a° y Any Coundhnember enay enove tp require the Peasldtnq OfHaert to enfaras lhis division, and the ~ of ~° Coundt shsl[ require Meer to de so. RULES OF~PROCEDtiR.E 11ee ~y wry shall teglos public, ier a~rdana= with the Texas Open Meetings'taw, an agenda containing ail business ~ be discussed at a meeting of the City Goundl. ant( ~~` eeag do so ~by notifying the City ge~ti idant4. 11ny, re9idae~t who wlsh~ bo address the Caunral on ttonresidanb. n/ is~ aaeordana aclth the ~ Texaa Open Meetings 'Law. (2j My nanresideint wishing to adde~ss the ~uetdl ahalE notify the City Secretary and spedty his iceterest 1n the rnatxer being cansidered. The ~Y S~~ry shall present such request bo the Psaslding Offieee.fo~ apgcoval bef~are ptadng the nan-e on the Agenda. SaedMle Iaends lten.~ After a motion, second and discussion b the 'before a vote. is taken, the Presidieeg flfilcer shall reoogaiza any s~tl=sn i~ ~ audience avWshiag ~ addr~'the ~unc t on suds- ttecre, tNho 3ha11 be permitted to addcesa the Zouncll theraaan for aperiod- of three {3j minutes. `Specific Agenda hams' era defined as any itees spcdfied on the Notice of Matitiag posted for purposes at the Texas Olran .Meetings Law and which becomes the sub~ett of a eaottan before the Caandl.