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HomeMy WebLinkAboutFEBRUARY 14, 2006 STEPHEN FITZGIBBONS OSCAR G. 0RTIZ, MAYOR Cl~' MANAG£R RONNIE H. THOMPSON, MAYOR PR0-TEM EVANGELINE "VAN" GREEN COUNCIL MEMBERS: CiTY SECRETARY WILLIE LEWIS, JR. Cit~ o./"' MARK T. SOKOLOW FELIX A. BARKER CITY A~3'ORNEY THOMAS J. HENDERSON MARTIN FLOOD JOHN BEARD, JR. DELORIS PRINCE MICHAEL "SHANE" SINEGAL Texas AGENDA City Council Regular Meeting February 14, 2006 5:30 p.m. 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. 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 February 14, 2006 5:30PM I. ROLL CALL, INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tem Thompson Councilmember Lewis Councilmember Barker Councilmember Henderson Councilmember Flood Councilmember Beard Councilmember Prince Counciimember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow II. PROCLAMATIONS & MINUTES Minutes - January 24, 2006 JointJSpecial Meeting Ill. PETITIONS & COMMUNICATIONS A. Presentations Pat Avery And Steve Long Regarding Potential Capital Investment Project Being Brought To The Total Petrochemical Port Arthur Refinery B. Speakers (1) John Henning Regarding increase In Texas Gas Service Rates (2) Donny Delatte Regarding Location Of RV Parks (3) Paul Kreins Regarding Saving Park Central Bowling Center C. Correspondence None AGENDA FEBRUARY 14, 2006 IV. PUBLIC HEARING - 7:00PM 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. O. No. 5583 - An Ordinance Providing For The Conduct Of The May 13, 2006 General Election For The Purpose Of Electing Councilmembers From Districts 5, 6, 7 And 8 In The City Of Port Arthur, Texas; And Providing For A Joint Election With The Port Arthur Independent School District, The Sabine Pass Independent School 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 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 Toter Incorporated Of Carol Stream, Illinois In The Amount Of $51,481.76 For The Purchase Of 2,000 Toters (Damaged/Destroyed By Hurricane Rita) For The Public Works Department (Solid Waste Division) B. Consideration And Approval Of A Bid For Hauling Leachate (From The City's Landfill) To Triangle Waste Solutions Of Nederland, TX At A Unit Price Of $52.02 Per Hour For The Public Works Department (Solid Waste Division) C. Consideration And Approval Of Payment To Allied Electrical Contractors Of Beaumont, TX In The Amount Of $12,624.98 For The Repair Of Lights At The YMCA AGENDA FEBRUARY 14, 2006 VI. CONSENT AGENDA - CONTINUED D. Consideration And Approval Of Awarding A Bid To Remove Sheetrock At The Water Service Center To Eagle-Pro Contractors Of Beaumont, TX In The Amount Of $12,283.80 And For The Removal And Disposal Of Ceiling Tile, Floor Tile And Carpet At The Water Service Center To Pick 2 Contractors Of Houston, TX In The Amount Of $8,166 E. Consideration And Approval Of Awarding A Bid For The Replacement Of Masonry Wall (In The Pool Area) At The YMCA To Pick Two Contractors Of Crosby, TX In The Amount Of $39,862 F. Consideration And Approval Of Payment To ICU Environmental, Health And Safety Of Nederland, Texas In The Amount Of $5,560 For Asbestos Abatement Project At City Hall G. Consideration And Approval Of Payment To Stewart And Stevenson In The Amount Of $8,922 For Emergency Repairs To Fire Engine 2 (Equipment #1278) H. Expense Reports Mayor Oscar G. Ortiz: Attend Annual United States Conference Of Mayors In Washington, D.C. January 24-28, 2006 $2,460.47 City Manager Steve Fitzgibbons: Attend Hurricane Rita Recovery Meeting In Washington, D.C. February 6 -8, 2006 $ 369.41 Assistant City Secretary Terri Hanks: Attend TMCCP Election Law Seminar In Austin, Texas January 17-20, 2006 $1,401.68 Resolutions - Consent (1) P.R. No. 13193 - A Resolution Authorizing Acceptance Of The Certificate Of Completion, The Contractor's Certificate And Release, And The Contractor's Certificate Of Guarantee; And Authorizing Execution Of Change Order No. One (1) And Final; On The Jade Avenue & 61st Street Sanitary Sewer Rehabilitation Project And Approving Final Payment Of $154,676.04 To Troy Construction, L.L.P., And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas. Fund No. 426-1625-532.83-00, Project No. 426004 AGENDA FEBRUARY 14, 2006 VI. CONSENT AGENDA - CONTINUED (2) P.R. No. 13265 - A Resolution Awarding A Contract To AAR, Inc., In The Amount Of $13,120.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of Two (2) Dangerous Commercial Buildings Located At 531-549 Austin Avenue And 2349 E. 7th Street, To Be Charged To Account No. 105-1431-552.59-00, Project No. C31120 (3) P.R. No. 13279 - A Resolution Awarding A Contract To Inland Environments, LTD., In The Amount Of $48,034.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of Five (5) Dangerous Commercial Buildings Located Throughout The City, To Be Charged To Account No. 105-1431-552.59-00, Project No. C31120 (4) P.R. No. 13284 - A Resolution Awarding A Contract To Arrow Services, Inc., In The Amount Of $650.00, And Authorizing The Execution Of A Contract For The Demolition Of One (1) Dangerous Commercial Building (No Asbestos) Located At 432 Houston Avenue, To Be Charged To Account No. 105-1431-552.59-00, Project No. C31120 (5) P.R. No. 13363 - A Resolution Pertaining To The Legal Services Agreement With Crain, Caton & James As It Pertains To The Landfill Permit Amendment (Account No. 403-1274-533.54-00) (6) P.R. No. 13411 - A Resolution Authorizing The Execution Of An Encroachment Agreement Between The City Of Port Arthur And Shirley A. Fontenot Pertaining To A Public Utility Easement Whereupon Structures Have Been Erected On Lot 11, Block 5, Highland Heights No. 1 Addition, Located At 2709 Oxford Drive In The City Of Port Arthur (7) P.R. No. 13412 - A Resolution Authorizing The Execution Of An Encroachment Agreement Between The City Of Port Arthur And The First Church Of The Nazarene Pertaining To A Public Utility Easement Whereupon Structures Have Been Erected On Lots 1 & 2, Block 21, Park Place 4 Addition, Located At 4032 Memorial Blvd. In The City Of Port Arthur (8) P.R. No. 13420 - A Resolution Authorizing Additional Services For The Contract Dated January 4, 2005 Between The City Of Port Arthur And Chica & Associates, Inc., Of Beaumont, Texas For Redesign Of The Sidewalks And Ramps - Schools (Safe Routes To Schools) And Increasing The Budget For This Engineering Service By $4,391.70 To A Total Of $54,391.70. Account 001-1202-531.53-00. AGENDA FEBRUARY 14, 2006 VI. CONSENT AGENDA- CONTINUED (9) P.R. No. 13421 - A Resolution Awarding A Bid And Authorizing The Execution Of A One (1) Year Contract Between The City Of Port Arthur And L. D. Construction Of Beaumont, Texas For Planing And/Or Texturing Of Pavement On A Unit Cost Basis For Various City Funded And Community Development Block Grant (CDBG) Funded Street Projects; Proposed Funding: Street Division FY 2006 Budget Account 001-1203- 531.36/51/86 And The 31st Year CDBG Street Project Accounts. (10) P.R. No. 13422 - A Resolution Granting A Second Two-Year Extension To The Agreement With Linebarger, Goggan, Blair & Sampson, L.L.P., For The Collection Of Fines For Municipal Court (11) P.R. No. 13423 - A Resolution Rescinding The Award To Chemtex Environmental Laboratory Services For Biomonitoring Laboratory Services And Authorizing The Utility Operations Department To Re- Advertise For Bids (12) P.R. No. 13434 - A Resolution Authorizing The City Manager To Enter Into Agreements With Gulf Coast Electric And A&A Electric Co. For Repair And Replacement Of Lighting At Various Parks And Baseball Fields Throughout The City For The Combined Amount Of $778,995 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P.R. No. 13429 - A Resolution As It Pertains To A Purchase Agreement Of KCS Property By The City Of Port Arthur And The City Of Port Arthur Section 4A Economic Development Corporation (2) P.R. No. 13431 - A Resolution Appointing New Member Or Members To The Port Arthur Youth Advisory Council (3) P.R. No. 13432 - A Resolution Pertaining To The Ambulance Fees To Be Paid By MetroCare AmbuJance Service AGENDA FEBRUARY 14, 2006 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT- CONTINUED B. Ordinances (1) P.O. No. 5538 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Creating Planned Development District - 25 (PD- 25) On Blocks 11, 12, 13, And Lots 2- 20 Of Block 14 Fairlea, Port Arthur, Jefferson County, Texas (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 Imrnediately After Publication Date. Applicant: Total Petrochemical, Inc. (Z05-08) (2) P.O. No. 5586 - An Ordinance Providing For The Conduct Of A Special Election On May 13, 2006 To Submit A Proposition As To The Legal Sale Of Mixed Beverages In Restaurants By Food And Beverage Certificate Holders Only, And Providing For Publication Of The Election Notice (3) P.O. No. 5587 - An Ordinance Providing For The Conduct Of A Special Election On May 13, 2006 To Submit Propositions As To Amending The City Charter And Providing For The Publication Of The Election Notice (4) P.O. No. 5588 - An Ordinance Providing For The Conduct Of A Special Election On May 13, 2006 To Submit Propositions 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 (5) P.O. No. 5589 - An Ordinance Providing For The Conduct Of A Special Election On May 13, 2006 To Submit A Proposition As To Sell Fairlea Park, And Providing For Publication Of The Election Notice C. *Reports And Recommendations (1) December, 2005 Financial Report (2) Report On Logan Park *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 & COMMI'FrEES 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 Meetinf:l: (1) Section 551.087 Government Code ~ To Discuss Incentives For Residential, Commercial, Industrial And Business Prospects (2) Section 551.072 Government Code - To Discuss The Value Of Land On The West Side Of Port Arthur (3) Section 551.073 Government Code - To Discuss Prospective Gifts To The City As It Pertains To Remedy Damage From Hurricane Rita *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 I AGENDA FEBRUARY 14, 2006 Xl. 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 February 15, 2006. 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 RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS 1. Recognition by Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. 2, Spokesman for group of persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesman be chosen by the group to address the Council and, in case additional matters are to be presented by any other member of such group, to limit the number of such persons addressing the Council. 3. Speekingprecedure; 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 the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and, unless further time is granted by majority vote of the Council, shall limit his remarks to (5) five minutes. All remarks shall be addressed to the Council as a whole and not to any member of the Council. 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. 4. Improper references, disorderly conduct by persons addressing 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 of any meeting, hearing or other proceedings, shall be called to order by the Presiding Officer. If such conduct continues, such person may, at the discretion of the Presiding Officer, be ordered barred from further audience before the Council during that meeting. 5. Addresses after motion made or public hearing closed. After a motion has been made or a pubic hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by majority vote of the City Council. 6. Campaign Speeches. No person will be allowed to address the City Council by making campaign speeches for or against any candidate who has announced or does announce his intention to run or issue already ordered on a ballot for election. 7. Persons having complaints, allegations, 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 public meetings unless he first shows that he has pursued appropriate administrative channels. 8. Disorderly ConducL 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 disrupts the peace and good order of the meeting. 9. Person authorized to be within rail. No person except members of the Council and the city staff shall be permitted wthin the rail without the consent of the Presiding Officer. t O. Limitations on use of supplemental lighting. Limitations on use of supplemental lighting for television and motion picture cameras to create the least amount of interference with or disturbance of the proceedings of the Council and the least amount of discomfort to the public in attendance. ENFORCEMENT OF DECORUM Warning. Ail persons shall, at the request of the Presiding Officer, be silent. Removal. If, after receiving a warning from the Presiding Officer, 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 remove him. Resisting Removal 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 to be discussed at a meeting of the City Council. Persons Reouestino To Be Heard On Aoenda Items (1) Residents. Any resident who wishes to address the Council may do so by notifying the City Secretary no later than 5:00 p.m. on the Thursday prior to the scheduled meeting. The person shall specify the particular subject matter of such address. The City Secretary shall place the names of those requesting to address the Council on the agenda with the agenda item. (2) Nonresidents. Any nonresident wishing to address the Council shall 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 on the agenda. Upon timely notification, a nonrssident shall be permitted to address the Council when the applicant claims an interest in a matter on the Council's agenda and he is so situated that the disposition of the agenda may, as a practical matter, impair or impede his ability to protect that interest. The Presiding officer shall have the power to deny a nonresident the opportunity to address the Council when his interest in the matter is not deemed by the Presiding Officer to be sufficient, or where the applicant's interest can be adequately represented by residents addressing the Council. $Decific Aoenda 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 (3) three minutes. Specific agenda items ars defined as any items specified on the notice of meeting posted for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Council.