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HomeMy WebLinkAboutFebruary 28, 2006OSCAR G. ORTIZ, MAYOR STEPHEN FITZGIBBONS RONNIE H. THOMPSON, MAYOR PRO-TEM Cl~ MANAGER COUNCIL MEMBERS: EVANGELINE "VAN" GREEN W~LLIE LEWIS, JR. Ci~ of -- CITY SECRETARY FELIX A. BARKER MARK T. SOKOLOW THOMAS J. HENDERSON CiTY AT[ORNEY MARTIN FLOOD JOHN BEARD, JR. DELORIS PRINCE MICHAEL "SHANE" SINEGAL Texas AGENDA City Council Regular M~'eting February 28, 2006 8:30 a.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. FO. 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 Februa~j 28, 2006 8:30AM I. ROLL CALL, INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tem Thompson Councilmember Lewis Councilmember Barker Councilmember Henderson Councilmember Flood Councilmember Beard Councilmember Prince Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow II. PROCLAMATIONS & MINUTES Minutes- January 31,2006 Regular February 7, 2006 Joint/Special February 7, 2006 Special February 14, 2006 Regular III. PETITIONS & COMMUNICATIONS A. Presentations Video On Open Records Act B. Speakers (1) Donny Delatte Regarding Location Of RV Parks (2) Greg Roy Regarding Water Bill (3) Clay Castitle Regarding Traffic Signals And Public Safety (4) Kenneth Coleman Regarding Use (Df Certain Little League Baseball Fields C, Correspondence None AGENDA FEBRUARY 28, 2006 IV. PUBLIC HEARING - 9:00AM (1) To Consider Whether Or Not To Issue A Specific Use Permit For A Communication Tower In A Heavy Commercial District (HC) Located On The East Side Of Twin City Highway (Hwy. 347) Approximately 600' North Of Jimmy Johnson Boulevard And Twin City Highway Intersection (7730 N. Twin City Highway) APPLICANT: T-Mobile/Voicestream: Z05-07 (2) To Consider Public Comments As To The Use Of Article 5190.6 Section 4A Funds For Section 4B Projects, As Well As The Proposed Costs And Impact Of The Categories Of The Projects 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. 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, Vemon's Texas Code Annotated, And Providing For A 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 C&B Services, Inc. Of Port Neches, TX In The Amount Of $41,188.20 For The Emergency Operations Center's Air Conditioner/Generator Used At The Holiday Inn Park Central Hotel During Hurricane Rita B. Consideration And Approval Of Payment To The Greater Port Arthur Chamber Of Commeme In The Amount Of $7,500 For The City's Share Of The City's 2006 Community Calendars AGENDA FEBRUARY 28, 2006 VI. CONSENT AGENDA- CONTINUED C. Consideration And Approval Of Awarding A Bid To J. Brandt Company, Inc. Of Fort Worth, TX In The Amount Of $5,167.10 For The Purchase Of Employee Service Awards For Various City Departments D. Consideration And Approval Of Awarding A Bid To 'Southeast Service Company Of Port Arthur, TX In The Amount Of $14,712.00 To Replace The Air Conditioner Chiller Bundle At The Port Arthur Public Library E. Consideration And Approval Of Payment To Real-Tex Renovations Of Port Arthur, TX In The Amount Of $6,275 For The Roof Repair Of Fire Station Number 5 F. Consideration And Approval Of Awarding A Bid To Walker's Electric Company Of Beaumont, TX In The Amount Of $14,875.00 For The Replacement Of Parking Lot PoJes And Fixtures At The Library G. Expense Reports Councilmember Detoris "Bobble" Prince: Attend Meeting At Cdmestoppers Headquarters In Kemah, Texas, January 23, 2006 $ 90.34 Attend SETRPC Workshop In Orange, Texas, February 1,2006 $19.14 Attend SETRPC Board Meeting In Beaumont, Texas, February 15, 2006 $18.69 Councilmember Martin Flood: Attend International Hispanic Conference In Guadalajara, Mexico, February 13-15, 2006 $176.03 Attend City Mediation In Houston, Texas, February 20, 2006 $105.91 Councilmember Felix Barker: Attend AT&T DSL Meeting In Austin, Texas, February 12-14, 2006 $438.50 City Attorney Mark T. Sokolow: Attend Mediation In Houston, Texas, February 20, 2006 $102.49 AGENDA FEBRUARY 28, 2006 VI. CONSENT AGENDA- CONTINUED Resolutions - Consent (1) P.R. No. 13398 - A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts (2) P.R. No. 13433 - A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In The Amount Of $595,456.00 For The Raw Water Reservoir Baffles Project Between The City Of Port Arthur And AIIco, LTD., Of Beaumont, Texas. Account No. 123-2300-901.85-00, Project No. HRRESV (3) P.R. No. 13435 - A Resolution Authorizing The City Manager To Sign An "Agreement For Computerized Library Services" With The City Of Houston (Houston Area Library Automated Network/Halan) To Provide Computer Services To Port Arthur Public Library (4) P.R. No. 13438 - A Resolution Authorizing The Mayor And City Manager To Execute A Contract For Professional Services Between The City Of Port Arthur And Neches Engineers Of Beaumont, Texas For Engineering And Design Services For The Recreation Center, 1308 9th Avenue; Said Contract Not To Exceed An Amount Of $10,223, Funds Being Available In Account Number 123-2300-901.53-00, Project HRREC (5) P.R. No. 13440 - A Resolution Awarding A Contract To Lark Enterprises In The Amount Of $15,000.00, And Authorizing The Execution Of A Contract For The Demolition Of Four (4) Dangerous Residential Properties (Group B-t), To Be Charged To Account No. 001-1401-551.59- 01 (6) P.R. No. 13441 - A Resolution Awarding A Contract To Lark Enterprises, In The Amount Of $14,600.00, And Authorizing The Execution Of A Contract For The Demolition Of Four (4) Dangerous Residential Properties (Group C-t), To Be Charged To Account No. 001-1401-551.59- 01 (7) P.R. No. 13442 - A Resolution Awarding A Contract To K. H. Dugas Construction & Demolition In The Amount Of $13,700.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group A), To Be Charged To Account No. 001- 1401-551.59-01 AGENDA FEBRUARY 28, 2006 VI. CONSENT AGENDA- CONTINUED (8) P.R. NO. 13443 - A Resolution Awarding A Contract To K. H. Dugas Construction & Demolition In The Amount Of $10,500.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group B), To Be Charged To Account No. 105- 1431-552.59-00; Project No. C31120 (9) P.R. No. 13445 - A Resolution Awarding A Contract To Lark Enterprises In The Amount Of $14,100.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group D), To Be Charged To Account No. 001-1401-551.59- 01 (10) P.R. No. 13446 - A Resolution Awarding A Contract To K. H. Dugas Construction & Demolition In The Amount Of $11,800.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group E), To Be Charged To Account No. 105- 1431-552.59-00; Project No. C31120 (11) P.R. No. 13451 - A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Don S. Reichle & Associates, Inc., For Engineering Services, Not To Exceed $66,750, Related To The Rehabilitation Of The Pioneer Park Elevated Storage Tank. Account No. 427-1626-532.54-00, Project No. 427602 (12) P.R. No. 13452 -A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Neches Engineers For Engineering Services Not To Exceed $29,160 Related To The Reconstruction Of The Main Wastewater Treatment Plant Administration Building; Account No. 123-2300-901-53-00, Project No. HRWWTP (13) P.R. No. 13453 -A Resolution Authorizing The Mayor And City Manager To Execute Change Order 04, Increasing The Scope Of Services For The Contract Dated August 20, 2002 Between The City Of Port Arthur And SCS Engineers Of Bedford, Texas For Landfill Permitting And Design And Increasing The Budget For This Project By $29,500 To A Total Of $389,500; Solid Waste Account 403-1274-533.54-00 (14) P.R. No. 13454 - A Resolution Authorizing The Mayor And City Manager To Execute A Contract For Professional Services Between The City Of Port Arthur And Neches Engineers Of Beaumont, Texas For Design Of The Civic Center Roof; Said Contract Not To Exceed An Amount Of $40,995, Funds Being Available In Account Number 123-2300-901-53-00, Project HRCC iENDA FEBRUARY 28, 2006 I VI. CONSENT AGENDA- CONTINUED (15) P.R. No. 13455 - A Resolution Accepting A Sanitary Sewer Easement From Richard E. Doornbos, Billy E. Doornbos, Peggy Doornbos Thomas, Cornelius Doornbos, III And The Barbara Doornbos Walters Children's Trust For The Construction, Installation, Laying, And Maintaining Of Sanitary Sewer Utilities In The City Of Port Arthur (16) P.R. No. 13456 - A Resolution Approving An Amendment To The FY 2005-06 Contract Between The City Of Port Arthur And The Department Of State Health Services In Order To Receive Additional Funding For Attachment No. 01, Regional And Local Services Section, As Shown By Contract Change Notice No. 05 (17) P. R. No. 13457 - A Resolution Authorizing The Execution Of A Memorandum Of Understanding Between The City Of Port Arthur And The P.A.L.M. Center Of Beaumont, TX (18) P.R. No. 13458 - A Resolution Authorizing A One-Time Payment Of $25,000 To South East Texas Regional Planning Commission As It Pertains To Recovery Efforts From Hurricane Rita (19) P. R. No. 13459 - A Resolution Awarding A Contract To AAR, Incorporated, In The Amount Of $14,955.00, And Authorizing The Execution Of A Contract For Asbestos Abatement Of The Floor Coverings And Floor Covering Mastic, To Be Charged To Account No. 123-2300- 901.32-00, Project No. HRCITY (20) P.R. No. 13461 - A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And The Texas Department Of Housing And Community Affairs For The Inspection And Enforcement Activities Related To The Installation Of Manufactured Housing Within The City (21) P.R. No. 13463 - A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Neches Engineers For Engineering Services, Not To Exceed $29,000, Related To The Rehabilitation Of The Water Utilities Service Center, Account No. 123- 2300-901.53-00, Project No. HRWSC (22) P.R. No. 13464 - 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 $550,862 (23) P.R. No. 13473 - A Resolution Pertaining To The Legal Services Agreement With Crain, Caton & James And Ancillary Costs As It Pertains To The Landfill Permit Amendment (Account No. 403-1274-533.54-00) AGENDA FEBRUARY 28, 2006 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P. R. No. 13437 A Resolution Establishing A Neighborhood Empowerment Zone Under Chapter 378 Of The Local Government Code And Approving An Incentive Agreement With Port Arthur Holdings III, Ltd (2) P.R. No. 13460 - A Resolution Pertaining To The Ambulance Fees To Be Paid Or That Has Accrued As It Pertains To Metrocare EMS (3) P.R. No. 13462 - A Resolution Authorizing The City Manager Or His Designee To Sign An Agreement Or Agreements As To Receiving A Gift Or Gifts Of Buildings, Equipment Or Supplies For The City Of Port Arthur (4) P.R. No. 13465 - A Resolution Approving The Purchase Of A 2003 Chevy Venture Van By The City Of Port Arthur Section 4A Economic Development Corporation (5) P.R. No. 13470 - A Resolution Approving Construction Of A Housing Tax Credit Development By One Southwood Crossing, LP (6) P.R. NO. 13471 -A Resolution Approving Construction Of A Housing Tax Credit Development For Villa Main Apartments B. Ordinances (1) P.O. No. 5591 - An Ordinance Pertaining To Requested Rate Increase Of Texas Gas Service ( A Division Of Oneok, Inc.) (2) P.O. No. 5592 - An Ordinance Adding Subsection (e) To Section 114-33 Of The Code Of Ordinances As It Pertain~ To Ambulance Fees (3) P.O. No. 5593 - An Ordinance Amending The Code Of Ordinances By Adding Section 18-624 As It Pertains To Manufactured Housing And Providing For Publication Thereof C. *Reports And Recommendations (1) Report On Logan Park (2) Video/Report On Open Records Act *The City Council Can Act On Any Of The Above Reports And Recommendations As To Accept The ReportJRecommendation Or To Request Additional Information And Records AGENDA FEBRUARY 28, 2006 VIII. REPORTS OF BOARDS & COMMI'I-I'EES 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 Wi~ 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 551.073 Government Code - To Discuss Prospective Gifts To The City As It Pertains To Remedy Damage From Hurricane Rita (3) Section 551.072 Government Code - To Discuss The Value Of Land Adjacent To West 7~ Street (4) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation As It Pertains To SETCDC, Inc. *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 Xl. ADJOURNMENT OF MEETING 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. Speaking procedure; 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 celled to order by the Presiding Officer. If such conduct continues, such person may, at the discr~(ion 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 Conduct. 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 authotfzed 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. 10. 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 doss 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 raquirs 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 Reouesting To Be Heard On Agenda 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 nonresident 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. Soecific Agenda 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 are 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.