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HomeMy WebLinkAboutJULY 5, 2006OSCAR G. ORTIZ, MAYOR STEPHEN FITZGIBBONS DELORI$ PRINCE, MAYOR PRO-TEM CITY MANAGER EVANGELINE "VAN" GREEN COUNCIL MEMBERS: CITY SECRETARY WILLIE LEWIS JR. CH~ of FELIX A. BARKER MARK T. SOKOLOW THOMAS J. HENDERSON CITY ATi-ORNEY MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WlLLIAMSON MICHAEL "SHANE" SINEGAL Texas AGENDA City Council Regular Meeting July 5, 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. P.O. 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 July 5, 2006 5:30PM I. ROLL CALL, INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tem Prince Councilmember Lewis Councilmember Barker Councilmember Henderson Councilmember Flood Councilmember Beard Councilmember Williamson Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow II. PROCLAMATIONS & MINUTES Minutes April 25, 2006 - Regular Council Meeting May23, 2006 - Regular Council Meeting May 30, 2006 - Special Council Meeting June 6, 2006 Regular Council Meeting III. PETITIONS & COMMUNICATIONS A.Presentations Teen Court Awards B.Speakers None C.Correspondence Resignation Letter Submitted By Mr. A. Morris Albright AGENDA JULY 5, 2006 IV. PUBLIC HEARINGS - 7:00 PM {1) To Consider The Proposed Abandonment Of The Following Street Right- Of-Way: The Southerly 750 Feet Of Dominion Court. This Is Not A Zoning Change. Applicant: Jones & Carter {Z06-01) {2) To Consider Whether Or Not To Issue A Specific Use Permit For Medium Density Housing Located At The End Of Aero Drive. Applicant: Jones & Carter (Z06-05) To Consider Rezoning Out Of All Of Block 511, MODEL Addition, City Of Port Arthur, Texas From Light Commercial (LC) & Two Family Residential (2F/ To Light Commercial (LC) To Allow For Commercial Use, Applicant: LOT, Inc., Zoning Case: Z06-03 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. 13613 - A Resolution Appointing Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation 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 To Overhead Door Company Of Beaumont/nc., Beaumont, TX In The Amount Of $8,050 For Five Steel Doors For The Utility Operations Department (Wastewater Treatment Division) B. Consideration And Approval Of Awarding A Bid To Optic Zone Of Harrietta, M~ In The Amount Of $16,726.29 For Twenty-One Pairs Of Leupold 10 X 40 Gold Ring Binoculars For The Police Department C. Consideration And Approval Of Awarding A Bid To Commercial Fence Company Of Pasadena, TX In The Estimated Amount Of $23,080.00 For Repair/Replacements Of Backstops In Various Parks Throughout The City 2 VI. CONSENT AGENDA - CONTINUED D. Consideration And Approval Of Awarding A Bid To Rea/-Tex Renovations Of Por~ Al'/hut, TX In The Amount Of $22,173 For The Installation/Replacement Of Ceiling Fiberglass Insulation And Vapor Barrier Retarder Sheeting At The Transit Service Center E. Consideration And Approval Of Awarding A Bid To $oi/ Stabi/izat/on Products Company, /nc., Of Merced, CA For Street Materials (Soil Stabilization Additives) F. Consideration And Approval Of Awarding A Bid To Coburn's Supply Of Beaumont, TX For Drainage Materials (High-Density Polyethylene Pipes) G. Consideration And Approval Of Awarding A Bid To AmeraProducts, /nc., Of Beaumont, TX In The Amount Of $11,281 For The Repair Of A Broken Window At City Hail H. Consideration And Approval Of Awarding A Bid To ADH Marketing Service Of Brenham, TX In The Amount Of $8,047 For A Compact Thermal Imaging Camera For The Fire Department I. Consideration And Approval Of Awarding A Bid To Schindler Elevator Corporation Of Houston, TX In The Amount Of $10,838.40 For The Repair And Upgrade Of The City Hall Elevators J. Consideration And Approval Of Awarding A Quote To Honej~ve// International, /nc,. Of Beaumont, TX In The Amount Of $6,800 For The Replacement And Installation Of Fans And Duct Work At The YMCA K. Consideration And Approval Of Awarding A Bid To Texan Floor Service Of Houston, TX In The Amount Of $13,628.17 For The Installation Of Carpet In The YMCA Blue Building Located At 6760 9th Avenue L. Consideration And Approval Of Awarding A Bid To Walker's £/ectric Company Of Beaumont, TX In The Amount Of $11,450 For The Replacement Of Lamps, Fixtures And One Light Pole At The YMCA Tennis Court M. Consideration And Approval Of Awarding A Bid To Basic Industries/nc., Of Houston, TX In The Amount Of $11,800 For Asbestos And Mold Abatement Of Sheetrock And HVAC Ducts At Fire Station Number 6 Located At 3300 Memorial Boulevard AGENDA JULY 5, 2006 VI. CONSENT AGENDA - CONTINUED N. Consideration And Approval Of Awarding A Bid To GarneTirne, /nc., Of Cyl)ress, TX In The Amount Of $173,953.21 For Seven PowerScape Playground Systems For The Parks Department O. Expense Report City Attorney Mark T. Sokolow: Attend TCAA Seminar, South Padre Island, TX June 14-16, 2006 $862.96 Resolutions - Consent (1) P.R. No. '13574 - A Resolution Rejecting A Bid And Authorizing The Solicitation Of New Bids For Grass Cutting Services Of Privately-Owned And City-Owned Developed Lots In An Area Of The City Designated As Area B, To Be Charged To Account No. 00'1-140'1-55'1.59-00 (2) P.R. No. 13601 - A Resolution Authorizing The Execution Of Contracts Between The City Of Port Arthur And The Public Services Organizations For Public Service Activities, In The Amount Of $29,000.00, This Being $7,000 For Port Arthur Spurs, $12,500 For Port Cities Rescue Mission, $3,000 For Community Retirement Home, Inc., And $6,500 For YMCA Of Port Arthur For The Benefit Of The Low And Moderate Income Residents Of The City (3) P.R. No. '1362'1 - A Resolution Terminating The Mowing And Lawncare Contract Between The City Of Port Arthur And Johnson's Lawncare Of Port Arthur, Texas For Rose Hill Manor (4) P.R. No. 13622 - A Resolution Awarding A Contract To The Lowest Responsible Bidder And Authorizing The Execution Of The Contract For Grounds Maintenance Services To Joey's Tractor Service Of Port Arthur, TX For A Three (3) Year Period At A Total Amount Of $8,910.00 For The Port Arthur Health Department, Account No. 00'1-130'1-541.32-00 (5) P.R. No. 13623 - A Resolution Amending The FY 2005-06 Contract Between The City Of Port Arthur And The Department Of State Health Services, Attachment No. 04A, Community Preparedness Section, Bioterrorism Preparedness As Shown By Contract Change Notice No. 06 4 AGENDA dULY 5, 2006 VI. CONSENT AGENDA - CONTINUED (6) P.R. No. 13626 - A Resolution Amending Agreements With The United States Department Of Agriculture, Natural Resource Conservation Service As It Pertains To Debris Removal (7) P.R. No. 13629 - A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And SCS Engineers Of Bedford, TX To Perform A Rate Study For The Solid Waste Division In The Total Amount Of $25,700. Funding Is Available In FY 2006 Account No. 403-1274-533.54-00 (8) P.R. No. 13637 - A Resolution Authorizing The City Manager To Execute Any And All Documents As It Pertains To Accepting The GameTime Hurricane Relief Grant VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P.R. No. 13618 - A Resolution Appointing Members To The Construction Board Of Adjustments And Appeals (2) P.R. No. 13624 - A Resolution Authorizing An Emergency Contract With Market Basket For Goods And Services In The Case Of An Emergency Or Disaster (3) P.R. No. 13625 - A Resolution Authorizing An Emergency Contract With DRD Pat Hotel, LTD D/B/A Holiday Inn As To Provide Services, Supplies, Accommodations, Or Conference Rooms In The Case Of An Emergency Or Disaster (4) P.R. No. 13627 - A Resolution Terminating The Professional Services Contract With BW Architects (5) P.R. No. 13628 - A Resolution Authorizing A Professional Service Contract With K Strategies Group, LLC (6) P.R. No. 13631 - A Resolution Approving The Payment Of Invoices For National Development Council Totaling $18,000.00 For Technical Assistance Services Rendered In The Month Of April, May, And June For The City Of Port Arthur Section 4A Economic Development Corporation (7) P.R. No. 13632 - A Resolution Authorizing An Emergency Contract With JBS Packing, Inc. As To Provide Services, Supplies, Or Trucks In The Case Of An Emergency Or Disaster AGENDA JULY 5, 2006 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT- CONTINUED (8) P.R. No. 13633 - A Resolution As It Pertains To Emergency Contracts (Requested By The City Manager) (9) P.R. No. 13636 - A Resolution As It Pertains To The Sale Of Approximately Five (5) Acres Of Land Of The City Of Port Arthur Section 4A Economic Development Corporation Business Park To SETX Clearwater Environmental, L.L.C. (10) P.R. No. 13638 - A Resolution Appointing And/Or Reappointing A Member Or Members To The Pleasure Island Commission B. Ordinances (1) P.O. No. 5627 - An Ordinance Awarding A Bid For The Sale Of Property Located At 847 12th Street To Zion Temple Church (2) P.O. No. 5628 - An Ordinance Amending Chapter 86 Of The Code Of Ordinances As It Pertains To Solid Waste As To Rates And Providing For An Effective Date (3) P.O. No. 5629 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting A Specific Use Permit For Medium Density Housing In The Single Family District On Reserves A, B And C, The Dominion, 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 (Z06-05 JONES AND CARTER) (4) P.O. No. 5630 - An Ordinance Authorizing The City Manager To Execute An Amendment No. 1 To The Developer Participation Contract Between The City Of Port Arthur And Big Wheel Development, Inc. (5) P.O. No. 5631 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2005 And Ending September 30, 2006 As To Fund A Professional Services Contract With K Strategies Group, LLC (PR 13628) And The Purchase Of Playground Systems From GameTime, Inc. AGENDA JULY 5, 2006 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT- CONTINUED (6) P.O. No. 5632 - An Ordinance Amending Section 58-122 Of The Code Of Ordinances And Deleting Section 58-94 To The Code Of Ordinances Of The City Of Port Arthur As To Temporarily Allow Recreational Vehicles On Driveways And On Residential Property And/Or Private Adjacent Property As To Accommodate The Residents, Pending The Rebuilding Of Homes That Were Damaged By Hurricane Rita, Effective Immediately C. *reports And Recommendations None *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'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 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: Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And Industrial Business Prospects *The Items In Executive Session May Be Discussed And Acted On In Open Session 7 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 July 6, 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 t. 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 parson 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 parson 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 impade, 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 bean 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 parson 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 parson 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 parson 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. All persons shall, at the request of the Presiding Officer, be silent. Removal. If, after rscaiving 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 Off;cer may order the Sergeant-At.Arms to remove him. Resisting Removal. Any person who resists removal by the Sergeant-At-A~ms shall be charged with violating V.T.C.A., Penal Code 42.05. Motions to enforce. Any Councilmember may move to require the Presiding Off;cer 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 Re~ueatino 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 parson shall spacify 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. Specific A~lenda 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. Spacific agenda items are defined as any items spacified on the notice of meeting posted for purposes of the Texas Opan Meetings Law and which becomes the subJect of a motion before the Council.