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HomeMy WebLinkAboutAUGUST 1, 2006OSCAR G. ORTIZ, MAYOR STEPHEN FITZGIBBONS DELORIS PRINCE, MAYOR PRO-TEM C~TY MANAGER COUNCIL MEMBERS: EVANGELINE "VAN" GREEN WILLIE LEWIS JR. CJt~ of CITY SECRETARY FELIX A. BARKER MARK T. SOKOLOW THOMAS J. HENDERSON CI1~' Alq'ORNEY MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON MICHAEL "SHANE" SINEGAL Texas AGENDA Ci~, Council REqUIAR M~:~:Timq AUGUST 1, 200& 4:00 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 77641-1069 · 409/983-8115 · FAX 409/983-8291 City Council Meeting City Hall Council Chamber City Of Port Arthur August 1, 2006 4:00PM L ROLL CALL, INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tern Prince Councilmember Lewis Councilmember Barker Councilmember Henderson Councilmember Flood Councilmember Beard Councilmember Williamson Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow 20062007 BUDGET WORKSHOP PROCLAMATIONS & MINUTES Minutes - June 20, 2006 Regular Meeting June 29, 2006 Joint/Special Meeting PETITIONS & COMMUNICATIONS A. Presentations (1) Report On The City's Application To Texas Department Of Housing And Community Affairs For Housing & infrastructure Needs (2) Presentation Regarding Regional Urban Forester's Hurricane Rita Storm Tree Recovery Program Speakers Monroe Johnson Regarding Junk Cars C.Correspondence None AGENDA AUGUST 1,2006 V. PUBLIC HEARINGS - 7:00 PM Continued Public Hearing 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: GP Realty Building Company: Zoning Case: Z06-04 VI. 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. 13656 - A Resolution As It Pertains To Demolition With City Of Port Arthur Section 4A Economic Development Corporation Funds As Authorized By Proposition 9 In The May 2006 Election (Account No. 120-1429-582.59-05 FY06) Vii. 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 For The Purchase Of A Security System From Discovery Information Technologies Of Nederland, TX In The Amount Of $9,324 For The Lakeview Community Center B. Consideration And Approval Of Awarding A Bid To Barnett Construction Company Of Port Neches, TX In The Amount Of $5,135 For The Repair Of The YMCA's Parking Lot C. Consideration And Approval Of Awarding A Bid For Office Furniture To Office Max Of Houston, TX In The Amount Of $6,385.46 For The City Secretary's Office D. Consideration And Approval Of Awarding A Bid For The Emergency Repair Of City Hall Caulking To Pick Two Contractors, Inc. Of Crosby, Texas In The Amount Of $12,000 AGENDA AUGUST 1,2006 CONSENT AGENDA - CONTINUED E. Expense Report Councilmember Martin Flood: Attend International Plastics Showcase In Chicago, iL., June 19-23, 2006 $2,308.12 Councilmember Robert "Bob" Williamson: Attend The TML Region 16 Meeting In Lufkin, TX., July 20, 2006 $121.22 Resolutions - Consent (1) P.R. No. 13635 - A Resolution Authorizing The Execution Of A Contract Between The City Qf Port Arthur And Community Development Services In A Not To Exceed Amount Of $16,000 To Conduct An Analysis Of impediments To Fair Housing Study In The City Of Port Arthur (2) P.R. No. 13640 - A Resolution Authorizing The City Manager To Enter Into A Supplemental Environmental Project Agreement With The Texas Commission On Environmental Quality (3) P.R. No. 13658 - A Resolution Authorizing The Mayor And City Manager To Execute An Agreement Between The City Of Port Arthur And SCS Engineers Of Bedford, TX To Develop Two (2) Permit Modifications To Comply With The TCEQ's New Municipal Solid Waste Rules For The City's Landfill In The Amount Of $11,200 With A Contingency Of $3,000. Funding Is Available In FY 2006 Account No. 403-1274-533.59-02 (4) P.R. No. 13659 - A Resolution Authorizing An Emergency Contract With American Legion Post 7 To Provide Use Qf Their Facility And Kitchen Facilities At 3750 Memorial, In The Case Of An Emergency Or Disaster (5) P.R. No. 13660 - A Resolution Awarding A Bid And Authorizing The Execution Of A One (1) Year Contract Between The City Of Port Arthur And Concrete Raising Corporation Of Houston, Texas For Raising And Rehabilitation Of Existing Concrete Slabs On A Unit Cost Basis For Various City Funded And CDBG Grant Funded Street Projects; Proposed Funding: Street Division Account No. 001-1203-531.36/86 And CDBG Street Project Accounts (6) P.R. No. 13661 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts AGENDA AUGUST 1,2006 VlL CONSENTAGENDA - CONTINUED (7) P.R. No. 13662 - A Resolution Authorizing The Texas Department Of Transportation To Transfer Funding From The Boardwalk Extension Project (CS J: 0920-38-161) To The Sidewalks And Ramps - Schools (Safe Routes To Schools) Project - CS J: 0920-38-175 (8) P.R. No. 13664 - A Resolution Approving The 32® Year CDBG Street Program, In The City Of Port Arthur (9) P.R. No. 13665 - A Resolution Authorizing The Execution Of A Master Grant Agreement Between The City Of Port Arthur And The Texas Department Of Transportation (10) P.R. No. 13666 - A Resolution Ordering A Public Hearing For The Proposed Budget For The City Of Port Arthur And The Port Arthur Economic Development Corporation For The Fiscal Year 2006-2007 And Authorizing Notice Of Public Hearing (11) P.R. No. 13667 - A Resolution Authorizing An Emergency Contract With Derrick Oil Company To Provide Services, Fuel, Lubricants, Tanks, Trucks, Goods And Equipment At 947 Procter And 1349 Austin Avenue, In The Case Of An Emergency Or Disaster (12) P.R. No. 13668 - A Resolution Awarding A Bid And Authorizing The Execution Of A One (1) Year Contract, Renewable For Two (2) Additional Years, Between The City Of Port Arthur And J. M. Kaufman Of Port Arthur, Texas For Soils And Hauling Of Materials On A Unit Cost Basis (13) P. R. No. 13670 - A Resolution Awarding A Bid For Interior Wall Restoration At The Senior Citizens Recreation Center From Pick Two Contractors, Inc., Of Port Arthur, Texas For $13,850, Account No. 123-23- 00-901-9800, Project No. HRREC (14) P.R. No. 13673 - A Resolution Authorizing The City Manager To Enter Into An Agreement For Roof And Related Repairs To The Cart Barn Building Located At The Babe Zaharias Memorial Golf Course, With Pick Two Contractors, inc., Of Port Arthur, Texas, For An Amount Not To Exceed $34,275, Account No. 123-23-00-901-9800, Project No. H RBABE (15) P.R. No. 13675 - A Resolution Approving A Change Order For Beaumont Electric, Inc. For Lighting At Barbara Jacket Park Increasing The Contract Amount By $7,010 From $84,640 To $91,650, With Funding Being Available In Account No. 123-2300-901.89-00, Project HR JACK AGENDA AUGUST 1, 2006 CONSENTAGENDA - CONTINUED (16) P.R. No. 13678 - A Resolution Inviting The Texas Forest Service To Port Arthur For The Purpose Of Tree Assessment And Related Services And Authorizing The City Manager And City Attorney To Enter ~nto A Memorandum Of Understanding Therewith (17) P.R. No. 13677 - A Resolution Approving The Payment Of Two invoices From Reliable Polymers Services, L.P. In The Amount Of $164,485.35 (Second Draw) And $327,183.23 (Third Draw) For A Total Of $491,668.58 (18) P. R. No. 13679 - A Resolution Approving Award Of A Bid For Landscaping & Irrigation Maintenance By The City Of Port Arthur Section 4A Economic Development Corporation Spur 93 EDC Business Park To Amelia Lawn Care & Landscaping (19) P.R. No. 13680 - A Resolution Amending Resolution No. 03-137 As To Authorize The City Manager And The City Attorney To Purchase Lots 7 Through 12 In Block R-21 And To Execute The Closing Documents ~TEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions P. R. No. 13669 - A Resolution Authorizing A Product Sales Agreement With TOTAL Petrochemicals USA, inc. To Provide Certain Quantities Of Regular Conventional Gasoline And On-Road Diesel At TOTAL'S Port Arthur, Texas Refinery, In The Case Of A Disaster B. Ordinances (1) P.O. No. 5641 - An Ordinance Approving The Appraisal Rolls For The Year 2006 And Receiving Determinations From The Tax Assessors Under Section 26,04 Of The Texas Property Tax Code (2) P.O. No. 5642 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2005 And Ending September 30, 2006 As To Fund Payments Due Under The Target Incentive Agreement And To Fund Legal Services Related To Litigation (3) P.O. No. 5646 - An Ordinance Authorizing The Donation Of Eighty-Six (86) Abandoned Bicycles To The Port Cities Rescue Mission And Willie Carter Outreach Center AGENDA AUGUST 1,2006 VIII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED C. *Reports And Recommendations (1) Report The Texas Municipal League Region XVI Quarterly Meeting To Be Held On Thursday, October 19, 2006 In Port Arthur, Texas (2) Report On Hurricane Preparedness Evacuations *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 IX. REPORTS OF BOARDS & COMMITTEES None X. *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 551.087 Government Code - To Discuss Incentives As To Commercial, industrial, And Residential Business Prospects (2) Section 551.072 Government Code - To Discuss The Value Of Land Adjacent To West 7th Street (3) Section 551.072 Government Code - To Discuss The Value Of Land On 9th Avenue *The Items In Executive Session May Be Discussed And Acted On In Open Session AGENDA AUGUST 1, 2006 Xl. 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 Xll. 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 August 2, 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 DECORUI~ - PERSONS ADDRESSING COUNCIL & AUD~'ENCE MEMBERS R~c~ni~on by P~idin9 ~i~ No pe~on shall addr~s the Council w~thout fi~ being recognized by the Pr~ding O~r. 2. S~aking P~edu~; Limi~tion on di~u~ion and questioning. Each pe~on addressing ~he Council shah s~ep up to the microphone provided for the u~ of the public and give his name and addre~ in an audible tone of voice for the ~ords, s~te that subje~ he wish~ to di~u~, ~te whom he is replanting if he repm~n~ an organization or other pe~n, and un~ fu~her time is granted by majori~ vote of the Council, shall limit his remar~ to five (5) minute. AH remar~ shah be adduced to the Council as a who~e and not to any mem~ thereof. No ~n other than membe~ of ~he Council and the pe~on having ~he floor shah be perm~ to enter into any d~scu~ion, whether di~ly or through a member of the Counci~ w~thout the perm~ion of ~he Presiding O~r. 3. ~mp~per Refemn~$~ Di~o~erly Condu~ ~y Person Addr~ing The Counci~ Any pe~on making, expressly or impliedly, pemonal, impe~inen~ slanders, de~ga~, discou~us, sn~de~ or profane remar~ or who willfully u~em Ioud~ threatening or abusive ~anguage~ or engages, in any disorderly condu~ which wou~d imp~e, disrupt~ or disturb the orderly condu~ the o~er by the Presiding ~r, and if such condu~ continues, may~ at the dictation of ~e Presiding Off~cer~ be o~er~ barred from fu~her audien~ before the Coundl during that Meeting. Rdd~ After ~otlon ~ade or Public Hearing CI~. A~er a motion has been made or a public healing has been c~o~d, no member of ~e pubEc shall address the Coundl from the audience on the ma~er under consideration without fi~ securing permi~ion to do so by major~ vote of the Ci~ CounciC 5. Campaign ~es Pro~ibit~ No pemons will be allowed to add,ss [he C~ Council by ma~ng cam~ign sp~ches for or against any candidate who has announced or does announce his ~ntention ~ run, or issue already ordered on a ballot for elation. 6. Di~ady Condu~ No pemon in the audience shall engage in di~rdetly condu~ such as band dapp~ng~ s~mping of feet~ whistling, using profane language, yell~ng~ and s~milar demonstrations, which condu~ di~u~bs the ~ace and good order of the meeting. 7. Limitations on ~ of ~plemanta/Lighting. Limi~tions on u~ of supp~emen~a~ ~ighting for television and motion p~u~ cameras to create the lea~ amount of inteffe~n~ w~th or di~urbance of ~unci~ pr~ings and/or discomfo~ to the public. 8. Pemons Having Complaln~ AIl~aHons~ or Charg~ Against :ndividual Ci~ Employ~ No pe~on shall make any complai~, sp~ific aflegat~on, or charge agai~ a~ i~dividua~ C~ Employee by ~ame ~n a public meeting unle~ he flm~ shows tha~ he has pumued appropriate administrative chan~e~s. ENFROCE~ENT OF DECORU~ Warning. All pemons shah at the requ~ of ~he Presiding Officer, be silent. Removal. Zf~ a~er re~ving a warning from the P~id~g O~r~ a ~on pemis~ ~ d~sturb~ng the meeting, such Officer may o~er him ~ remove h~m~lf f~m the meeting. If he does no~ ~move himse~f~ the P~s~ding ~cer may order the Sergeant-at0arms ~o remove him. Resi~ing Remova~ Any pe~on who ~esis~ ~moval by the Sergeant-at-arms shall be charged with violating V.T.C.A~ Pena~ Code 42.05. ~otio~s To Enforce. Any Councilmem~r may move to r~u~re the P~sid~ng O~cer to enforce this division, and the a~rmafive vote of a major~ of the Council sha~l require him to do so. RULES OF PROCEDURE The CiW ~reta~ shall make publ~q in a~ordance with ~e T~s Open Meetings ~w~ an agenda ~n~ining all busine~ ~ ~ discuss~ at a meeting of the Ci~ Council. Pe~on~ Reou~n~ To ~ Hea~ On Aqenda [tem~ (~) Resident. Any ~s~dent who wishes ~o addre~ the Council on any ma~er may do so by notifying the Ci~ S~a~ in a~rdance w~ the Texas Open H~tings ~w. (2) Non,idahO. Any nonr~ident wishing to addre~ ~e Council shall nofi~ ~e Ci~ S~re~w and speci~ his ~n~er~t in the maker ~ing ~ns~demd. The CiW ~cre~ shal~ pre~nt such reques~ to ~e Presiding Officer for approval ~fore p~ac~ng the name on the Agenda. 5~Cific Rqenda ~tem~ A~er a mot~on~ ~cond and di~u~on by the Ci~ Counci~ on any specific agenda item, and before a vote ~s ~ken, the Pre,ding O~r shah recognize any citizen in the audience wishing to address the council on such item, who shall be pertained to addre~ ~e Counci~ ~emon for a period of thr~ (3) minutes. "Specific Agenda Ztems" am defined as any ~em specified on the Not~ of Heating posted for purposes of the Texas Open ~fings Law and which becomes the subje~ of a motion before ~e Council.