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HomeMy WebLinkAboutAUGUST 29, 2006OSCAR G. ORTIZ, MAYOR STEPHEN FITZGIBBONS DELORIS PRINCE, MAYOR PRO-TEM CITY MANAGER COUNCIL MEMBERS: EVANGELINE "VAN" GREEN WILLIE LEWIS JR. City of CITY SECRETARY FELIX A. BARKER MARK T. SOKOLOW THOMAS J. HENDERSON CITY ATTORNEY MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WlLLIAMSON MICHAEL "SHANE" SINEGAL AGENDA City Council Regular Meeting August 29, 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 O£fiee~ at (409) 983-8115. P.O BOX 1089 · PORT ARTHUR, TEXAS 77641-1089 * 409i983-8115" FAX 409/983-8291 City Council Meeting City Hall Council Chamber City Of Po~t Arthur August 29, 2006 5:30PM 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 PROCLAMATIONS & MINUTES Minutes - July 18, 2006 Regular Meeting July 25, 2006 Special Meeting PETITIONS & COMMUNICATIONS A. Presentations Presentation By The YAC Students Regarding The Tavis Smiley National Leadership Institute Conference B. Speakers (1) Eddie Fowler Regarding The Camp Can Do Walk About Program For Children Affected By Hurricane REa (2) Tommy Huard Regarding Neighborhood Police Protection (3) Carolyn Harris Regarding The Water Department C, Correspondence None AGENDA AUGUST 29, 2006 iV. PUBLIC HEARINGS - 7:00 PM To Consider The Budget For The City Of Port Arthur And Port Arthur Economic Development Corporation For The Fiscal Year Beginning October 1, 2006 And Ending September 30, 2007 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The item Or Items Will immediately Be Withdrawn For Individual Consideration in its Normal Sequence After The items Not Requiring Separate Discussion Have Been Acted Upon.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 A Request From The Jefferson County Tax Assessor-Collector For The Waiver Of Penalties And interest In The Amount Of $186.69 On Three Accounts Which Have Been Accepted As Payments B. Consideration And Approval Of Awarding A Bid For The Purchase Of Forty (40) Sony DSC-S600 Digital Cameras To P. O. Express, Inc., Of Garland, TX in The Amount Of $6,800 For The Police Department C. Consideration And Approval Of The Purchase Of Twelve (12) Panasonic Toughbook Computers From P. O. Express, inc., Of Gadand, TX In The Amount Of $46,236 For The Police Department D. Consideration And Approval To Reject The Bid Received For The Port Acres And Sabine Pass Water Storage Standpipes For The Utility Operations Department (Water Distribution Division) E. Consideration And Approval Of Awarding A Bid For The Delivery, Installation And Control Hookup Of A Scoreboard At Adams Park To Spectrum, Inc., Of Houston, TX In An Amount Not To Exceed $9,995 F. Consideration And Approval Of The Purchase Of Four (4) Computer Systems From Dell Computers In The Amount Of $6,759.28 For The Municipal Court 2 AGENDA AUGUST 29, 2006 VI. CONSENTAGENDA - CONTINUED G. Consideration And Approval Of The Purchase Of One 100 KW Generator From Texas Building & Procurement Commission In The Amount Of $9,000 For The Public Works Building Resolutions - Consent (1) P.R. No. 13674 - A Resolution Authorizing The City Manager To Enter into An Agreement For Provision And Installation Of A Maintenance Building Located At The Babe Zaharias Memorial Golf Course, To Lange Brothers, Inc., Of Port Arthur, Texas For An Amount Not To Exceed $132,932 And Approving Change Order No. 1 In The Amount Of $32,890 (2) P.R. No. 13711 - A Resolution Authorizing The City Manager To Execute Change Order Number 3 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 (3) P.R. No. 13712 - A Resolution Authorizing The Calling Of A Public Hearing To Consider Whether Or Not To issue A Permit To Enterprise Products Operating LP. For The Installation Of One 8" Propylene Pipeline In The City Of Port Arthur To Serve The Motiva Facility In Port Arthur, Texas (4) P.R. No. 13713 -A Resolution Adthorizing The City Manager To Execute An Agreement With Sanchez Remodeling, Houston, Texas, in The Amount Of $21,000 For Hurricane Damage Repairs Of The J. B. Matthews Senior Center (5) P.R. No. 13714 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts (6) P.R. No. 13715 - A Resolution To Renew A Contract With Technical Resource Staffing Services For The School Crossing Guard Services At An Hourly Rate Of $14.50 Not To Exceed An Amount Of $87,261 (7) P.R. No. 13716 - 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 (8) P.R. No. 13717 - A Resolution Authorizing The Execution Of An Agreement For independent Professional Services Between The City Of Port Arthur And Lloyd R. Haggard For The Provision Of Consultation Services For The City's Laboratory AGENDA AUGUST 29, 2006 CONSENTAGENDA - CONTINUED (9) P.R. No. 13718 - A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur And Herbert Beasley, Community Service Aide, To Provide Services For The Tuberculosis Clinic (10) P.R. No. 13719 - A Resolution Approving The FY 2006-07 Contract Between The City Of Port Arthur And Department Of State Health Services In Order To Provide Public Health Services, As Shown By Attachment No. 01, Regional And Local Services Section (11) P.R. No. 13725 - A Resolution Amending The Agreement Between The City Of Port Arthur And Carl Parker (12) P.R. No. 13726 - A Resolution Authorizing An Emergency Contract With Ramada Inn Of Port Arthur As To Provide Services, Supplies, Or Accommodations In The Case Of An Emergency Or Disaster ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A, Resolutions (1) P.R. No. 13529 -A Resolution Approving An Economic incentive Contract Between Redwine Family Partnership And The City Of Port Arthur Section 4A Economic Development Corporation (2) P, R. No. 13722 - A Resolution Authorizing The City Of Port Arthur To intervene tn The Public Utility Commission Of Texas, Docket No. 32907: Application Of Entergy Gulf States, Inc. For Determination Of Hurricane Reconstruction Costs (3) P, R. No. 13723 - A Resolution Authorizing The City Manager To Execute Change Order No. 1 And Approval Of A Progress Payment To A&A Electric Co. For Repair And Replacement Of Lighting At Various Parks And Baseball Fields Throughout The City (4) P.R. No. 13724 - A Resolution Creating A Westside Development Committee AGENDA AUGUST 29, 2006 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED B. Ordinances (1) P.O. No. 5653 - An Ordinance Abandoning, Vacating And Relinquishing The Grandview Ave. Right-Of-Way, Holley Street And Terrell Street Rights-Of-Way Between Grandview And Locust And Laural Street Between Grandview And 146 Feet East Of Locust Ave. And Providing The Effective Date Of This Ordinance (A05-01 TOTAL) (2) P.O. No. 5654 - An Ordinance Abandoning, Vacating And Relinquishing The Dominion Court Right-Of-Way From A Point 205 Feet South Of Aero Dr. (A06-01 JONES & CARTER) (3) P.O. No. 5656 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning On Reserve "B" And "C", Fairway Estates, Port Arthur, Jefferson County, Texas From Single Family To Light Commercial (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur ts 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 (Z06-04 G. P. REALTY CO.) (4) P.O. No. 5657 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning On Reserve "B" And "C", Fairway Estates, Port Arthur, Jefferson County, Texas From Single Family To Planned Development District (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 (Z06-04 G. P. REALTY CO.) (5) P.O. No. 5658 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning On A 7.65 Acre Tract Out Of Lots 3 And 6, Block 8, Range "J" And 7.27 Acres Out Of Lots 2 And 7, Block 8, Range "J", Port Arthur Land Company, Port Arthur, Jefferson County, Texas From Agricultural 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 (Z06-08 DOORNBOS) AGENDA AUGUST 29, 2006 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (6) P.O. No. 5659 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting A Specific Use Permit For A Daycare Nursery In The Two Family Zoning District On Lot 9, Block 547, Model Addition, 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. (Z06-06 MANUEL) (7) P.O. No. 5660 - An Ordinance Authorizing The City Manager And Fire Chief To Transfer Reserve Fire Engine 8 (#535) A 1979 American LaFrance Fire Engine To The China Volunteer Fire Department (8) P.O. No. 5661 - An Ordinance Appointing A Person Or Persons To Enforce And To File Charges Against Persons Who Commit An Offense By Parking In Designated Disabled Parking Spaces Without Duly Authorized Disabled Parking Placards And For Other Offenses Under Section 681.011 Of The Transportation Code C. *Reports And Recommendations (1) .luly, 2006 Financial Statement (2) Report On The City's September ~.1 Commemorative Service *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 & COMMITTEES None 6 AGENDA AUGUST 29, 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 Meeting: (1) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And Industrial Business Prospects (2) Section 551.071 Government Code - To Discuss Pending And Prospective Litigation Between The City Of Port Arthur And Entergy (3) Section 551.072 Government Code - To Discuss The Value Of City Property Damaged By Hurricane Rita *The Items In Executive Session May Be Discussed And Acted On In Open Session 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 August 30, 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 Qpen Meetings Law RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUD~'ENCE R~ogn/tion by ~res/ding O~ce~ No pe~on shall addre~ ~he Council w~thout fi~t being recognized by the Presiding Officer. 2. ~peaking P~cedu~; Lime,lion on discu~ion and questioning. Each pe~on addressing the Council shall ~ep up to the microphone provided for the u~ of the pubEc and give his name and addr~ in an audible ~ne of vo~ for the reco~s, s~te that subje~ he wishes to discuss, s~te whom he is repr~enfing ~f he repre~n~ an o~anization or other pe~n, and unless fu~her time is g~nted by majori~ vote of ~he Counci~ shall I~mit his rema~ to five (S) minut~ All remar~ shall be addre~d to the Council as a whole and not to any member thereof. No pemon other than membe~ of the ~unc~l and the pe~on hav~ng the enter into any discussion, whether dire~ly o~ through a member of the Council without the permission of ~e Pr~iding 3. Zmproper Refe~n~s~ Oiso~erly Condu~ By Pe~on Addr~/ng The CouncJ~ Any person making~ expressly or impliedly~ pemonal~ impe~nent~ slanderous~ de~gato~, discou~eous, sn[de~ or profane remar~ or who willfully u~em Ioud~ threatening or abusive ~anguage, or engages, ~n any d~sordeHy condu~ which would impede, disrupt, or disturb the orderly condu~ the o~er by the P~siding Off~cer, and ~f such condu~ con~nues, may, at the di~refion of ~e Presiding Officer, be o~er~ barr~ f~m fu~her audience befo~ ~e Council during that Meeting. 4. Add~ A~er ~ob~n ~ade or Public Hearing C/o~, A~er a motion has been made or a public hearing has ~en cl~ed, no member of the public shall address the Council from the audience on the maker under consideration without fimt s~uHng permi~ion to do so by major~ vote of the Ci~ CoundL 5. Cam~/gn ~ch~ Prohibit~ No pe~ons wi~ be allowed ~ address the Ci~ ~uncil by making ~mpaign spathes for or against any candidate who has announced or do~ announce his ~ntention to run, or issue already o~e~d on a ballot for ele~ion. 6. Di~rder/y Condu~ No pe~on in the audience shall engage in disorderly condu~ such as hand clapping, s~mping of f~t, whis~ing, using profane language, yelling~ and s~milar demonstrations, which condu~ disturbs the peace and good order of the m~ting. 7. Limi~t/ons on Use of ~uppiemen~/Lighting. L~mi~fions on u~ of supplementa~ ~ighting for television and motion pi~um cameras to cr~te ~e least amount of ~ntefference with or disturbance of Council pro~edings and/or d[~omfo~ to the public. 8. Pe~ons Having Comp/ain~ ~l/egation~/ or Cha~e= Against Zndiv/dua/ Ci~ Employes. No pe~n shall make any complaint, specific allegation, or cha~e against an individual C~ Employee by name ~n a public meeting unle~ he fi~t shows that he has pumued appropriate administrative channels. ENFROCEHENT OF DECORUM Warning. All pe~ns sha~l at the request of the Presiding O~r, be silent. Removal, [f, a~er re~ving a warning from the Presiding Officer, a person pemis~ ~n disturbing the meeting, such ~r may o~er him to remove h~mse~f from the mee~ng, if he does not remove him~if, the Presiding Officer may o~er the ~eant-at0arms to remove him. Resi~ng RemovaL Any pe~on who ~sis~ ~moval by the Sergeant-at-arms sha~ be cha~ w~th violating Pena~ Code 42.05. Hob~n= To Enforce. Any Counc~imember may move to require the Presiding O~cer to enforce this division, and the affirmative vote of a majo~W of the Council shall require him to do ~. RULES OF PROCEDURE The CiW Secre~ shall make public, in accordance with the Texas O~n Meetings Law, an agenda containing al~ bus~n~ ~ be d~scussed at a meeting of the Ci~ Council. Pe~on~ R~qu~tJnq To ~ H~rd O~ ~qenda ~tem~ ([) Resident. Any ~dent who wishes to add,ss the Council on any maker may do so by notifying the CiW Secm~ in ac~an~ with ~he Texas O~n H~tings Law. (2) Nonr~iden~. Any nonresident wishing to addre~ ~e Counci~ shall not~ the Ci~ Secr~a~ and s~cify his inter~t the ma~er ~ng considered. The Ci~ ~cre~ shall pre~nt such reque~ to the Presiding Officer for approval before placing the name on the Agenda. ~cific Aqenda ~ A~er a mo~ion, ~cond and di~ussion by the CiW Council on any sp~fic agenda item, and ~fore a vote is ~ken, the Presiding O~r sha~l recognize any citizen in the audien~ w~shing to addre~ the council on such item, who shaU be pertained to addre~ the Council ~e~on for a period of three (3) minutes. "S~cific Agenda items" am d~ined as any item s~cified on the Not~ of Heet~ng posted for purposes of the Texas Open He~ings Law and which becom~ the subje~ of a motion before the