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HomeMy WebLinkAboutMarch 14, 2006 Regular MeetingOSCAR G. ORTIZ, MAYOR STEPHEN FITZGIBBONS RONNIE H. THOMPSON, MAYOR PRO.TEM c~TY MANAGER COUNCIL MEMBERS: EVANGELINE "VAN" GREEN W{LL(E LEWIS, JR. City 0]~ CITY SECRETARY FELIX A. BARKER MARK T. SOKOLOW THOMAS J. HENDERSON CI~Y ATTORNEY MARTIN FLOOD JOHN BEARD, JR. ~iLORIS PRINCE CHAEL "SHANE" SINEGAL T¢.¥.~ · AGENDA City Council Regular Meeting March 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. RO. 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 March 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 Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow II. PROCLAMATIONS & MINUTES None III. PETITIONS & COMMUNICATIONS A. Presentations Youth Advisory Council Presentation On State YAC Summit In Denison, TX On February 24-26, 2006 B. Speakers (1) Cynthia Hyder Regarding High Water Bill (2) Chad Smith And Robert Bittle Regarding First Choice Testing & BCG C. Correspondence None AGENDA MARCH 14, 2006 IV. PUBLIC HEARING - 7:00PM (1) TO Consider Rezoning Lot 1-14, Block 17 And Lots 1-10, Block 26, Town Of Griffing From Two Family Residential (2F) To Multi-Family Residential (MF) To Allow For Construction Of Multi-Family Dwellings. Applicant: James Tweedel, Zoning Case: Z0§-01 (2) To Consider Rezoning Out Of Lot 7 And All Of Lots 8, 9, 10, 11, 12, And 13, And Out Of Lot 14, Block 8, Hillcrest Second Revised Addition From Multi-Family (MF) To Light Commercial (LC) To Allow For Commercial Use. Applicant: Warren Holdings, Inc., Zoning Case: Z06-02 V. UNFINISHED BUSINESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: None 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 Awarding A Bid For The Purchase Of Three ~-Ton Pickup Trucks To Philpott Motors Of Nederland, TX In The Amount Of $45,864 For The Utility Operations Department 0Nater Administration, Water Purification & Water And Sewer Stores Division) B. Consideration And Approval Of Awarding A Bid For The Rehabilitation Of The Sanitary Sewer Wet Well At The Sabine Pass Main Line Lift Station To Standard Cement Materials, Inc. Of Houston, TX In The Amount Of $5,900 For The Utility Operations Department (Wastewater Conveyance Division) C. Consideration And Approval Of Awarding A Bid For The Purchase Of One Mini Hydraulic Excavator To Mustang Cat Of Beaumont, TX In The Amount Of $37,288 For The Utility Operations Department (Wastewater Conveyance Division) D. Consideration And Approval Of Awarding A Bid For A Radio Read, Automated Meter Reading System And Various Meters To Rural Pipe & Supply Of Jasper, TX For The Utility Operations Department AGENDA MARCH 14, 2006 VI. CONSENT AGENDA - CONTINUED E. Consideration And Approval Of Awarding A Bid For The Purchase Of A New Copier To AMPAN Business Systems Of Port Neches, TX In The Amount Of $6,552 For The Human Resources Department F; Consideration And Approval Of A Renewal Option For The Purchase Of Uniform T-Shirts, Arson T-Shirts, Coveralls, Windbreakers And Uniform Belts To Z WEAR INC. Of Houston, TX In The Estimated Amount Of $5,050.50 For The Fire Department G. Consideration And Approval Of Awarding A Bid For The Installation Of Floor Tiles (Damaged By Hurricane Rita) To Texan Floor Service Of Houston, TX In The Amount Of $5,227.50 For The Police Department H. Consideration And Approval Of Awarding A Bid For The Installation Of Floor Tiles (Damaged By Hurricane Rita) To Texan Floor Service Of Houston, TX In The Amount Of $7,895.95 For City Hall (2nd Floor) I. Consideration And Approval Of Awarding A Bid For The installation Of Carpet (Damaged By Hurricane Rita) To Texan Floor Service Of Houston, TX In The Amount Of $13,932.50 For The Police Department & Municipal Court J. Consideration And Approval Of Payment To Lubbock County Sheriff's Department In The Amount Of $82,583.54 For Services Provided At The Emergency Operations Center During Hurricane Rita K. Consideration And Approval Of Awarding A Bid For The Purchase Of A Computer Server System And Ten (10) Workstations To Gateway Companies, Inc., Of North Sioux City, SD in The Amount Of $37,137 For The Fire Department L. Consideration And Approval Of The Purchase & Installation Of One Hundred Seventy (170) Stadium Seats To American Seating Of Houston, TX In The Amount Of $26,664 For City Hall (5t~ Floor Council Chambers) M. Consideration And Approval Of Emergency Repairs By Yeomans Chicago Corp. Of Aurora, IL To A Sludge Grinder At The Main Wastewater Treatment Plant In The Amount Of $7,936.20 N. Consideration And Approval Of Awarding A Bid For The Purchase Of Furniture To Office Max Of Houston, TX In The Estimated Amount Of $50,000 For City Hall And Annex Buildings AGENDA MARCH 14, 200~ VI. CONSENT AGENDA- CONTINUED O.Consideration And Approval Of Payment To J. F. Transportations Co. L.L.C Of Columbus, OH In The Amount Of $11,700 For Services Provided P. Consideration And Approval Of Awarding A Bid For Fencing At Various Utility Operations Department Sites To City Fence Of Port Arthur, TX In The Amount Of $21,579 For The Utility Operations Department Resolutions - Consent (1) P.R. No. 13424 - A Resolution Authorizing The Final Renewal Of A Mowing Contract Between The City Of Port Arthur And M. D. Arena Contractors, P. O. Box 199, Sour Lake, Texas 77659, Group V. Said Annual Contract Is For Mowing Various City Properties, Parks And Right Of Ways In The City; Estimated Annual Cost $9,666. Proposed Funding Parks Division FY 2005/2006 Budget Account No. 001-1207-531.31-00 (2) P.R. No. 13425 - A Resolution Authorizing The Final Renewal Of A Mowing Contract Between The City Of Port Arthur And Sandra J. Guilbeaux Enterprises, 2951 West Highway 365, Port Arthur, Texas 77640, Group VII. Said Annual Contract Is For Mowing Various City Properties, Parks And Right Of Ways In The City; Estimated Annual Cost $10,692. Proposed Funding Parks Division FY 2005/2006 Budget Account No. 001-1207-531.31-00 (3) P.R. No. 13426 - A Resolution Authorizing The Final Renewal Of A Mowing Contract Between The City Of Port Arthur And Hebert Lawn Service, 248 Dodge Place, Port Arthur, Texas 77642, Groups VII & I. Said Annual Contract Is For Mowing Various City Properties, Parks And Right Of Ways In The City; Estimated Annual Cost $9,000. Proposed Funding Parks Division FY 2005/2006. Budget Account No. 001-1207-531.31-00 (4) P.R. No. 13428 - A Resolution Authorizing The Final Renewal Of A .Mowing Contract Between The City Of Port Arthur And Joey's Tractor Service, 5991 Jade, P. O. Box 45, Port Arthur, Texas 77642, Group VI. Said Annual Contract Is For Mowing Various City Properties, Parks And Right Of Ways In The City; Esti.rnated Annual Cost $11,362. Proposed Funding Parks Division FY 2005/2006 Budget Account No. 001-1207- 531.31-00 (5) P.R. No. 13430 - A Resolution Authorizing The Execution Of An Amendment To The Contract Between Beaumont Community Housing Development Organization, Inc. And The City Of Port Arthur 4 DA MARCH 14, 2006 VI. CONSENT AGENDA - CONTINUED (6) P.R. No. 13436 - A Resolution Authorizing An Agreement To Install A New Roof At The Fire Central Station From Duro-Last Roofing Inc., Of Saginaw, Michigan In The Amount Of $50,863 (7) P.R. No. 1343% A Resolution Authorizing An Agreement To Install A New Roof At The Police Station From Duro-Last Roofing Inc., Of Saginaw, Michigan In The Amount Of $166,330.75 (8) P.R. No. 13466 - A Resolution Accepting A Water Utility Easement From Rakhiri, L.L.C. For The Construction, installation, Laying, And Maintaining Of Water Utilities In The City Of Port Arthur (9) P.R. No. 13467 - A Resolution Accepting A Water Utility Easement From Rakhiri, L.L.C. For The Construction, Installation, Laying, And Maintaining Of Water Utilities In The City Of Port Arthur (10) P.R. No. 13468 - A Resolution Accepting A Water Utility Easement From Madnesh P. Panswani And Suresh M. Patel For The Construction, Installation, Laying, And Maintaining Of Water Utilities Jn The City Of Port Arthur (11) P.R. No. 13469 - A Resolution Authorizing The Execution Of A Payment Agreement Between The City Of Port Arthur And York Manor Townhomes For The Payment Of Water And Sewer Account 75527-77838 (12) P.R. No. 13472 - A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Don S. Reichle & Associatesl Inc., For Engineering Services, Not To Exceed $26,500, Related To The Repair Of Six Elevated Water Storage Tanks Due To Hurricane Rita. Account No. 123-2300-901.54-00, Project No. HRWS4, HRWSTA, HRWSLA, HRWSHO, HRWSPI, HRWS36 (13) P.R. No. 13474 - A Resolution Awarding A Contract To The Lowest Responsible Bidder And Authorizing The Execution Of The Contract For Janitorial Services To Southeast Texas Building Service, Inc. For The Parks And Recreation Department in The Amount Of $27,900.00 For An Initial One (1) Year Period With An Option To Renew For Up To One (1) Additional Year At The Original Bid Amount. Account No. 001-1402- 551.32-00 (14) P.R. No. 13475 - A Resolution Designating Texas State Bank As The Depository Bank For The City Of Port Arthur, And Authorizing The Extension Of The Existing Depository Contract With Said Bank AGENDA MARCH 14, 2006 VI. CONSENT AGENDA - CONTINUED (15) P.R. No. 13477 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts (16) P.R. No. 13478 - A Resolution Awarding The Bid To Mario's Pool Plastering Of Houston, Texas For The Repair And Replastering Of The YMCA Pool (17) P.R. No. 13479 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of The Property Damage Claim In The Amount Of $5,291.71 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Power Surge Damage At The Water Purification Plant On November 19, 2005 (18) P.R. No. 13480 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of The Prol~erty Damage Claim In The Amount Of $22,705.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Theft Of A 1992 Komatsu Bulldozer (Vehicle #873) From The Water Department On August 20, 2005 (19) P.R. No. 13481 -A Resolution Approving Construction Of A Housing Tax Credit Development By Legacy Senior Housing Of Port Arthur (20) P.R. No. 13482 - A Resolution Supporting Proposed Sidewalk And Landscaping Improvements By The Texas Department Of Transportation In Conjunction With Roadway Upgrades Of US Highway 69/96/287 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions P. R. No. 13483 - 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 B. Ordinances (1) P.O. No. 5594 - An Ordinance As It Pertains To Ambulance Fees And Amending Subsection (e) Of Section 114-33 Of The Code Of Ordinances (Requested By Councilmembers Lewis, Beard And Flood) AGENDA MARCH 14, 2006 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (2) P.O. No. 5595 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting A Specific Use Permit For A Wireless Communications Tower In The Heavy Commercial District On Lots 3 And 4, Block 2, Newport Heights, 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 Immediately After Publication Date (Z05-07 T-MobileNoice Stream) (3) P.O. No. 5596 - An Ordinance Designating The Sabine Pass Fire Station No. 4 As The Official Voting Location Instead Of The Sabine Pass High School For The May 13, 2006 Special And General Elections (4) P.O. No. 5598 - An Ordinance Amending Division II (Parks) Article II Of Chapter 58 (Manufactured Homes) Of The Code Of Ordinances Of The City Of Port Arthur To Provide Standards For The Temporary Location Of Manufactured Housing In Areas Of Port Arthur Which Are Located Outside The Hurricane Protection System Levee; 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 (5) P~ O. No. 5599 - An Ordinance As it Pertains To Compensatory Time Due To Hurricane Rita C. *Reports And Recommendations (1) January, 2006 Financial Repor~ (2) Report On CDBG Programs (3) Report On Debris Pickup *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 VIII. REPORTS OF BOARDS & COMMITTEES None 7 AGENDA MARCH 14, 2006 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 Meetinq: (1) Section 551.072 Government Code - To Discuss The Value Of Land Adjacent To West 7th Street (2) Section 551.072 Government Code - To Discuss The Value Of City Property Damaged By Hurricane Rita (3) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation As It Pertains To The City Vs Hatch (4) Section 551.087 Government Code - To~ Discuss Incentives As To Commercial, Industrial, And Residential Business Prospects *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 NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On March 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 - COUNCTLMEMBERS Coundlmembers, While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to obey the orders of Ute Presiding Officer. Members of the Council shall not leave their seats during a meeting wiutout first obtaining Ute permission of the Presiding Officer. 1. Pres/ding Officer may debate and vote. The Mayor or the Mayor Pro Tem, or such other member of the Council who is serving as Presiding Officer may move, second and debate from the chair, subject only to such limitations of debate as are imposed on all members by this division, and shall not be deprived of any of the fights and privileges of a Councilmember by reasen of his acting as the Presiding Officer. If the Presiding Officer is engaged in debate, at the instance of any three members he must relinquish the chair in accordance with provisions of Robert's Rules of Order, Newly Revised. 2. GetfYng the floor/improper roferonces to be avoided. Every member desiring to speak shall address the chair and, upon recognition by the Presiding Officer, shall confine himself to the c~uestien under debate, avoiding all personalities and indecorous language. 3. Intor~ption~ A member, once recognized, shall not be interrupted when speaking unless it be to cell him to order, or as otherwise provided in this section. 1~ a member, while speaking, is called to order, he shall cease speaking until the question of order is determined. If in order, he shall be permitted to proceed. 4. Privilege ofdosJn~l debate. The Councilmember moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. 5. Hogan to reconsider. A moUon to reconsider any action taken by the Council may be made only on the day such action was taken. ][t may be made either immediately during the same session or at a recessed or adjourned session. Such motion must be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions; it shall be debatable. Nothing in this section shall be construed to prevent any member of the Council from making or remaking the same or any other motion at a subsequent meeting of the Council. 6. Rernari~ of Counc//member, when enteredin minutes. A Councilmember has the privilege of having an abstract of his statement on any subject pertaining to city business and affairs entered in the minutes. 7. b'ynopsJs of debates when entered in minutes, The City Secretary may be directed by the Presiding Officer, with consent of the Council, to enter in the minutes a synopsis of the discussion on any quesUon coming regularly before the Council. 8. Robert's Rules of Order/New/y Revised. Robert's Rules of Order, Newly Revised, shall prevail except where otherwise provided. 9. Opportunity to speak. No VOte shall be taken on a motion and second ceiling for the previous question until each Councilmember wishing to speak on the question under debate has been granted at least one opportunity to speak on the quesfien. This subsection shall not interfere with the Council's right to consider and vote on a motion and second to limit the length of debate by each Councilmember. RULES OF DECORUM - CZTY STAFF AND EMPLOYEES City ST:affand employees, Members of the city staff and employees shall observe the same rules of order and decorum as are appliceble to the City Council, with the exception that members of the city staff may leave their seats during a meeting without first obtaining the permission of the Presiding Officer. ENFORCEMENT OF DECORUM Warning, All persons shall, at the request of the Presiding Officer, be silent. Removal. If, after receiving a waming 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. Resisffng Removal, Any person who resists removal by the Sergeant-At-Arms shall be charged with violaUng V.T.C.A., Penal Cede 42.05. I~intians to enforce. Any Councilmember may move to require the Presiding Officer to enforce this division, and the affirmative vote of a majority efthe Council shall require him to do se. DISRUPTTONS RENDER/NG MEETING UNFEASTBLE Adjournment unb7 next regular meeting. If any meeting is willfully disturbed by a group of persons so as to render the orderly conduct of such meeting unfeasible and when order cannot be restored by the removal of individuals who are creating the disturbance, the meeting may be adjourned and the remaining business considered at the next regular meeting. ~.~J/ing ~p~a/meeting: aese~/ng costs to disrupting perties. Zf the matter being addressed prior to adjournment is of such a nature as to demand immediate attention, the Presiding Officer may cell a special meeting and assess the cost of that meeting to the disrupting parties if those parties are idenUflable.