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HomeMy WebLinkAboutJULY 18, 2006OSCAR G. ORTIZ, MAYOR STEPHEN EITZGIBBONS I)ELORIS PRINCE, MAYOR PRO-TEM C~TY MANAGER COUNCIL MEMBERS: EVANGELINE "VAN" GREEN WILLIE LEWIS JR. Cit~ of CITY SECRETARY FELIX A. BARKER MARK T. SOKOLOW THOMAS J. HENDERSON CITY ATTORNEY MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON MICHAEL "SHANE" SINEGAL Texas AGENDA City Council Regular Meeting July 18, 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. 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 July 18, 2006 8:30AM 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- June 14, 2006 Joint/Special Meeting II1. PETITIONS & COMMUNICATIONS A. Presentations (1) Presentation Of 2005 Employee Service Awards (2) Tammy Kotzur Regarding The Convention And Visitors Bureau Marketing Update Report B. Speakers Mary Williams Regarding Poor Property Conditions In Her Neighborhood C.Correspondence None AGENDA JUlY 18, 2006 IV. PUBLIC HEARINGS - 9:00 AM (1) To Consider Whether Or Not To Issue A Specific Use Permit For A Telecommunications Tower In A Heavy Commercial (HC) District Located On The West Side Of Dowling Road Approximately 250' South Of Mechanic Street: This Is Not A Zoning Change Applicant: Guy Stout (Highpoint Towers) Z06-06 (2) To Consider Rezoning Reserve B And Reserve C, Fairway Estates, Port Arthur, Texas From Single Family (SF) Residential District To Light Commercial (LC) To Allow For Commercial Use. Applicant: G P Realty Building Company: Zoning Case: Z06-04 V, UNFINISHED BUSINESS 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 To Brammer Construction, Inc., Of Nederland, TX In The Amount Of $33,490 For The Replacement Of The Steel Parking Canopy At The Rear Of The Police Station B. Consideration And Approval Of Awarding A Bid To Basic Industries, Inc., Of Houston, TX In The Amount Of $18,600 For Asbestos Abatement And Mold Remediation At The Water Utilities Service Center C. Consideration And Approval Of Awarding A Bid To Sanchez Remodeling Qf Houston, TX In The Amount Of $15,150 As The Base Bid Plus The Amount Of Decking Repair Required At $60/Square For Emergency Roof And Ceiling Repairs At Rose Hill Manor D. Consideration And Approval Of Payment To Acorn Solutions, Long Beach, CA In The Amount Of $7,380 For The Purchase Of A Folder/Sealer, Implementation And Statement Design, And Training For A Laser Printing Solution For Water Utility Bills AGENDA JULY 18, 2006 VI. CONSENT AGENDA - CONTINUED E. Consideration And Approval Of Payment To Rural Pipe And Supply Of Jasper, TX In The Total Amount Of $34,'136.03 For The Purchase Of Six Hand-Held Meter Reading Devices ($4,543.75 Each), A Console To Load The Hand Helds ($2,382.35), Two Chargers ($741.'18) And Three Days Of Training ($3,750) For The Utility Operations Department F. Consideration And Approval Of Payment To Garner Environmental In The Amount Of $199,779.84 And Allied Electrical Contractors In The Amount Of $21,954 For Hurricane Rita Invoices G. Expense Report Mayor Pro Tern Deloris "Bobbie" Prince: Attend Teen Court Conference, Houston, TX June 8-9, 2006 $ '159.00 Councilmember Michael "Shane" Sinegal: Attend International Plastics Showcase, Chicago, IL June 19-23, 2006 $2,228.84 Resolutions - Consent (1) P.R. No. 13444 - A Resolution Awarding A Contract To K. H. Dugas Construction & Demolition In The Amount Of $12,800.00, And Authorizing The Execution Of A Contract For The Demolition Of Dangerous Residential Properties (Group C), To Be Charged To Account No. 105- '1431-552.59-00; Project No. C32'120 And Approving A Change Order Of $3200 (2) P.R. No. 13447 - A Resolution Awarding A Contract To K. H. Dugas Construction & Demolition In The Amount Of $12,200.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group F), To Be Charged To Account No. 105- 1431-552.59-00; Project No. C32'120 (3) P.R. No. '13448 - A Resolution Awarding A Contract To K. H. Dugas Construction & Demolition In The Amount Of $12,200.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group G), To Be Charged To Account No. 105- 1431-552.59-00; Project No. C32120 AGENDA JULY 18, 2006 VI. CONSENTAGENDA - CONTINUED (4) P.R. No. 13449 - A Resolution Awarding A Contract To K. H. Dugas Construction & Demolition In The Amount Of $13,600.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group H), To Be Charged To Account No. 105- 1431-552.59-00; Project No. C32120 (5) P.R. No. 13630 - A Resolution Authorizing The Execution Of A Buffer Zone Protection Plan Grant In The Amount Of $49,432.00 (6) P.R. No. 13634 - 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 $81,000.00, This Being $9,000 For Nutrition & Services For Seniors, $10,000 For Catholic Charities, $8,000 For Set Regional Planning Commission, $15,000 For Program Of Health Excellence, $3,750 For PAISD Dequeen Elementary School, $3,750 For Franklin Elementary School, $3,750 For Washington Elementary School, And $3,750 For Sam Houston Elementary School, $16,000.00 For Lamar State College, $8,000 For Truth & Education Of Port Arthur For The Benefit Of The Low And Moderate Income Residents Of The City (7) P.R. No. 13639 - A Resolution Authorizing The City Of Port Arthur To Support A Project Safe Neighborhood Grant In The Amount Of $74,125.00 (8) P.R. No. 13646 - A Resolution Awarding A Bid And Authorizing The Execution Of A One (1) Year Contract Between The City Of Port Arthur And Hollier Construction & Aluminum Of Groves, Texas For Concrete Slip-Form Placement Of Concrete Curb And Gutters And Concrete Curbs, And Construction Of Sidewalks, Driveways And Wheelchair Ramps On A Unit Cost Basis For Various City Funded And CDBG Grant Funded Street Projects; Proposed Funding: Street Division Account No. 001-1203- 531.36/51/86 And CDBG Street Project Accounts (9) P.R. No. 13647 - A Resolution Awarding A Bid And Authorizing The Execution Of A One (1) Year Contract Between The City Of Port Arthur And C.M.M. Construction, Inc. Of Beaumont, Texas For Placement Of Hot-Mix Asphaltic Concrete On A Unit Cost Basis For Various City Funded And Community Development Block Grant (CDBG) Funded Street Projects; Proposed Funding: Street Division Account 001-1203- 531.36/51/86 And CDBG Street Project Accounts AGENDA JULY 18, 2006 VI. CONSENT AGENDA - CONTINUED (10) P.R. No. 13648 -A Resolution Authorizing The City Manager To Execute Two Change Orders To The Existing Advance Funding Agreement Between The City Of Port Arthur And The State Of Texas Regarding The Replacement Of The Texas Bayou Bridge (11) P.R. No. 13649 - A Resolution Authorizing The Mayor And City Manager To Execute A Contract Between The City Of Port Arthur And Liberty County Roofing, Inc., Of Hardin, Texas For Repair Of The Operations Center Roof In The Amount Of $245,165, Project HROP, 123-2300-901- 59-00 (12) P.R. No. 13651 - A Resolution Authorizing The Execution Of Change Order No. Seven To The Contract Related To The Wastewater Rehabilitation Project. (Decreases The Contract Amount By $30,763.23) Account No. 426-1625-532.83-00, Project No. 426ALL VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P.R. No. 13586 - A Resolution As It Pertains To The Legal Services And Experts In The Entergy Litigation (2) P. R. No. 13643 - A Resolution Authorizing Freezing Future Administrative Charges Payable By The City Of Port Arthur Section 4A Economic Development Corporation To The City Of Port Arthur For Fiscal Year October 1, 2005 To September 30, 2006 (3) P.R. No. 13644 - A Resolution As It Pertains To The Purchase Of 41.46 Acres From The Kansas City Southern Railway Company (4) P.R. No. 13645 - A Resolution Appointing And/Or Reappointing A Member Or Members To The Board Of Directors Of The Port Arthur Housing Finance Corporation (5) P.R. No. 13650 - A Resolution Authorizing The City Manager To Execute An Agreement With Terracon To Do Additional Testing As To the Land Adjacent To West 7~ Street And Denbo Avenue (6) P.R. No. 13652 - A Resolution Approving An Economic incentive Contract Between Panelized Systems Technology, LLC And The City Of Port Arthur Section 4A Economic Development Corporation AGENDA JULY 18, 2006 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (7) P.R. No. 13653 - A Resolution Approving An Economic Development Grant Between The City Of Port Arthur Section 4A Economic Development Corporation And Camellia Plaza, L.P. (8) P.R. No. 13654 -A Resolution Approving An Economic Incentive Payment In The Amount Of $100,000 To Triangle Waste Solutions, LLC From The City Of Port Arthur Section 4A Economic Development Corporation (9) P.R. No. 13655 - A Resolution As It Pertains To Use Of City Of Port Arthur Section 4A Economic Development Corporation Funds For Parks & Recreation As Authorized By Proposition 7 In The May 2006 Election (Account No. 120-1429-582.59-05 FY06) (10) P.R. No. 13656 - A Resolution As It Pertains To Demolition With City Of Port Arthur Section 4A Economic Development Corporation Funds As Authorized By Proposition 8 In The May 2006 Election (Account No. 120- 1429-582.59-05 FY06) (11) P.R. No. 13657 - A Resolution Supporting The Original Allocation Of Funding From The CDBG Disaster Recovery Fund B. Ordinances (1) P.O. No. 5613 - An Ordinance Amending Part II Of The City Of Port Arthur Drug And Alcohol Policy (2) P.O. No. 5633 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning On All Of Block 511 MODEL Addition, Port Arthur, Jefferson County, Texas From Light Commercial And Two Family Residential To Light Commercial (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 Qrdinances 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 (Z06-003 LOT, INC.) AGENDA JULY 18, 2006 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (3) P.O. No. 5634 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning On The Frontage Of Woodworth Blvd. Between Procter St. And 5"' Ave., And A Specific Use Permit For Medium Density Housing On The Remainder Of Block 511, MODEL Addition, Port Arthur, Jefferson County, Texas From Two Family Residential To Light Commercial (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 (Z06-03 LOT, INC.) (4) P.O. No. 5635 - An Ordinance As It Pertains To Judith Smith, R.N., Assistant Director Of Health (5) P.O. No. 5636 - An Ordinance Authorizing The Retirement Of Police Canine "Bowie" And Transferring Canine To The Personal Care Of Officer Klinkhammer (6) P.O. No. 5637 - An Ordinance Pertaining To The Extraterritorial Jurisdiction Of The City Of Port Arthur, Nederland, And Beaumont (7) P.O. No. 5638 - An Ordinance Authorizing The City Manager To Do All Things Necessary To Execute Settlement Of The Property Damage Claim In The Amount Of $5,950.00 Made Against Kenneth Keath And Texas Farm Bureau Insurance Companies (8) P.O. No. 5639 - An Ordinance Pertaining To The Developer Participation Contract Between The City Of Port Arthur And Port Arthur Camellia Estate, L.P. (9) P.O. No. 5640 - An Ordinance Amending Chapter 86 Of The Code Of Ordinances As It Pertains To Solid Waste By Amending Subsection D Of Section 86-79, Providing For An Effective Date, And Providing For Publication C. *Reports And Recommendations (1) June, 2006 Financial Statement (2) Preliminary Report On FY 2006/2007 City Budget (3) Report As To Speeding On Jade Avenue (Requested By Counciimember Beard) *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 AGENDA JUlY 18, 2006 VIII. REPORTS OF BOARDS & COMMITI'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: (1) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation With Entergy (2) Section 551.072 Government Code - To Discuss The Value Of Land Adjacent To Marshall Avenue And 7th Street (3) Section 551.087 Government Code - To Discuss Incentives As To Commercial, Industrial, And Residential Business Prospects (4) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation Between The City Of Port Arthur And Officer Molfino (5) Section 551.072 Government Code - To Discuss The Value Of Land Adjacent To West 7th Street And Denbo *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 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 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 bean 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 hie intention to run or issue already ordered on a ballot for election. 7. Persons having complaints, allegations, or charges against individual city employeas. 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 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. fO. Limitations on use of supplemental lighting. Limitations on use of supplemental lighting for television and motion picture cameras to create the least amount of inted:ersnce 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 meating, such officer may order him to remove himself from the meating. 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 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 meating 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 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 hie 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 AJTenda 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 Meatings Law and which becomes the subject of a motion before the Council.