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HomeMy WebLinkAboutOctober 24, 2006 5:30pmOSCAR G. ORTIZ, MAYOR STEPHEN FIUZGIBBONS OELOR/S PRINCE, MAYOR PRO-TEM CITY MANAGER COUNCIL MEMBERS: EVANGELINE "VAN" GREEN WILLIE LEWIS JR. CJ[y of CITY SECRETARY FELIX A. BARKER THOMAS J, HENDERSON MARK T. SOKOLOW MARTIN FLOOD CITY ATTORNEY JOHN BEARD, JR. ROBERT E. WILLIAMSON MICHAEL "SHANE" SINEGALTexas AGENDA City Council Regular Meeting October 24, 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 October 24, 2006 5:30PM I. ROiL CALL, INVOCATION & PLEDGE Mayor Or~iz Mayor Pro Tem Prince Councilmember Lewis Councilmember Barker CouncJlmember Henderson Councilmember Flood Councilmember Beard Councilmember Williamson Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow II. PROCLAMATIONS & MINUTES Minutes - None ill PETITIONS & COMMUNICATIONS A. Presentations None B. Speakers (1) Mr. Lucious Williams And Mr. Walter Kilray Regarding Westside Development (2) Mr. John Violette Regarding Improving The Communication Between City Officials And Staff With Citizens C. Correspondence None AGENDA OCTOBER 24, 2006 IV. PUBLIC HEARINGS - 7:00 PM To Consider A Request For A Change In Zoning District Located At 1423 Woodworth Boulevard From Two Family Residential (2F) To Neighborhood Service (NS) To Allow For Commercial Use. Applicant: Clay C. Sr. And Paulette Lewis- Zoning Case No. Z06-10 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. 13826 - A Resolution As It Pertains To Port Arthur Camellia Estate, L.P. 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 Witl 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 Payment To The Southeast Texas Reg/ona/Plann/ng Commiss/on (S£TRPC)In The Amount Of $29,756.84 For Fiscal 2007 Dues And Program Support B. Consideration And Approval Of Awarding A Bid To A & A E/ectric Of Beaumont, TXIn The Amount Of $29,840 For An Emergency Generator For Fire Station Number 4 In Sabine Pass C. Consideration And Approval Of Awarding A Bid To A Flamin B Fire & Secur/ty Of Groves, TX In The Amount Of $21,943 For The Replacement Of The Fire Alarm System At The Robert A. "Bob" Bowers Civic Center D. .Expense Report Mayor Pro Tern Deloris "Bobble" Prince: Use Of Personal Auto For Out-Of-Town City Business, October, 2006 $ 37.38 OCTOBER 24, 2006 VI. CONSENTAGENDA - CONTINUED Resolutions - Consent (1) P.R. No. 13825 - A Resolution Authorizing The Director Of Utility Operations To Purchase Polymers And Delineating Procedures For The Purchase Of Other Chemicals (2) P.R. No. 13828 - A Resolution Accepting The Sub-Recipient Award For The 2006 Homeland Security Grant Program Projected At $87,975 For The State Homeland Security Program And $45,000 For The Law Enforcement Terrorism Prevention Program For A Total Award Of $132,975 (3) P.R. No. 13829 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of Claims In The Amount Of $15,083.33 Made Against Texas Windstorm Insurance Association (TWIA) As A Result Of Wind Damage To The Pompeiian Villa Caretaker House, The Department Club Caretaker House, And The Pear Ridge Caretaker House (4) P.R. No. 13831 - A Resolution Authorizing The City Manager To Execute An Agreement With The Southeast Texas Interfaith Organization For The TDHCA Disaster Recovery Program (5) P.R. No. 13832 - A Resolution Approving The Demolition And Clearance Of Forty-Four {44) Residential Properties That Were Damaged As A Result Of Hurricane Rita. The Texas Department Of Housing And Community Affairs Will Allocate Funding For The Activities (6) P.R. No. 13834 - A Resolution Authorizing The City Of Port Arthur To Accept A Donation Of $6,826.84 From The 100 Club Of Jefferson County For The Purchase Of Protective Helmets And A Protective Shield For The SWAT Team (7) P.R. No. 13837 - A Resolution Authorizing Acceptance Of The Certificate Of Completion, The Contractor's Certificate And Release, And The Contractor's Certificate Of Guarantee And Approval Of Final Payment Of $94,500.00 To S&L Painting, Inc. And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas. Fund No, 123-2300-901.85-00, Project No. HRWSTA AGENDA OCTOBER 24, 2000 VI. CONSENT AGENDA - CONTINUED (8) P.R. No. 13838 - A Resolution Authorizing The Mayor And City Manager To Execute Agreements Between The City Of Port Arthur And SCS Engineers Of Bedford, TX For Consulting Services To Comply With The TCEQ's New Municipal Solid Waste Rules For The City's Landfill In The Total Amount Of $64,200. Funding Is Available In FY 2007 Account No. 403-1274-533.54~00 (9) P.R. No. 13840 - A Resolution Authorizing The City Manager To Enter Into A Contract For Roof Replacement At Fire Station #6 With Con-Tex Services Of Houston, Texas In The Amount Of $72,793 (10) P.R. No. 13841 - A Resolution Authorizing The City Manager To Enter Into A Contract For Interior Repairs At Fire Station #6 With Sanchez Remodeling Of Port Arthur, Texas In The Amount Of $26,000 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P.R. No. 13811 - A Resolution Approving A Loan Payoff In The Amount Of $105,388.16 From 3D Architectural Metal Sales And Closing The Economic Incentive Agreement Between 3D Architectural Metal Sales And The City Of Port Arthur Section 4A Economic Development Corporation (2) P.R. No. 13830 - A Resolution As It Pertains To An Election Regarding State Use Of Homeland Security Grant Funding For Statewide Local Projects On Behalf Of The City Of Port Arthur (3) P.R. No. 13833 - A Resolution As It Pertains To The Provision Of Additional Services By Dikita Engineering As It Pertains To The Westside Economic Development And Revitalization Study (Requested By Mayor Ortiz) (4) P. IR. No. 13835 - A IResolution Authorizing The Advertisement For Bids For The Sale Of The Land And Improvements At 6760 9th Avenue (5) P.R. No. 13836 - A Resolution Appointing New Member Or Members To The Port Arthur Youth Advisory Council (6) P.R. No. 13839 - A Resolution Authorizing MetroCare EMS, LP To Assign/Transfer Its Existing Ambulance Agreement With The City Of Port Arthur To Acadian Ambulance Service, Inc. 4 AGENDA OCTOBER 24, 2006 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (7) P.R. No. 13842 - A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur, The Army Corp Of Engineers, And The Pleasure Island Commission As It Pertains To The Levee Roads And Placements Areas On Pleasure Island (8) P.R. No. 13845 - A Resolution Approving An Economic Incentive Agreement Contract Between Redwine Family Partnership And The City Of Port Arthur Section 4A Economic Development Corporation (9) P.R. No. 13847 - A Resolution As It Pertains To The Purchase Of 41.46 Acres From The Kansas City Southern Railway Company (9) P.R. NO. 13848 - A Resolution Authorizing The City Manager To Execute A Release And Settlement Agreement With Entergy Gulf States, Inc. B. Ordinances (1) P.O. No. 5667 - An Ordinance Authorizing The City Manager Of The City Of Port Arthur To Execute A Deed As To Approximately 1.004 Acres Out Of Lot 6, Block 7, Range I To Truth & Education Corporation For A Community Radio Station (2) P.O. No. 5668 - An Ordinance Amending Section 78-269 Of The Code Of Ordinances Of The City Of Port Arthur As It Pertains To Travel Expenses (3) P.O. NO. 5680 - An Ordinance Amending The Franchise Agreement Granted Entergy Gulf States, Inc. (4) P.O. No. 5684 - An Ordinance Designating December 26, 2006 As A Legal Holiday (5) P.O. No. 5685 - Ordinance Authorizing The Issuance Of City Of Port Arthur, Texas, General Obligation Refunding Bonds, Series 2006; Authorizing The Redemption Prior To Maturity Of Certain Outstanding Obligations; Authorizing The Advance Refunding Of Certain Outstanding Obligations And The Execution And Delivery Of An Escrow Agreement And The Subscription For And Purchase Of Certain Escrowed Securities (6) P.O. No. 5686 - An Ordinance Abandoning, Vacating And Relinquishing The S. 5th Ave. Right-Of-Way, Between Broadway And Greenwich And Providing The Effective Date Of This Ordinance (A06-02 HUDSPETH) AGENDA OCTOBER 24, 2006 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (7) P.O. No. 5687 - An Ordinance Abandoning And Vacating The 1.461 Acre Access And Utility Easement Located In Unrestricted Reserve "B", Stonegate Manor, Section Two "B" And Providing For The Dedication Of A Replacement Right-Of-Way And Easements And Providing For The Effective Date Of This Ordinance (8) P.O. No. 5688 - An Ordinance Abandoning And Vacating The Ten (10') Foot Wide Easement Along The Northerly Property Line Of Tract 59A Of Lafitte's Landing II Subdivision And Providing For The Dedication Of A Replacement Ten Foot Easement Along The Northerly Line Of Tract 58B And Providing For The Effective Date Of This Ordinance (9) P.O. No. 5689 - An Ordinance As It Pertains To The Pleasure Island Levee Roads, Prohibiting Littering, Mandating A 20 MPH Speed Limit, Prohibiting Off-Road Driving, Providing For A Minimum Fine Of $500; And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date (10) P.O. No. 5690 - An Ordinance Establishing The Public Purpose And Criteria For The Disposition Of Public Property In The Port Arthur/Jefferson County Enterprise Zone As It Pertains To The Sale And Development Of The Sabine Hotel C. *Reports And Recommendations (1) Logan Park Development Plan (Requested By Councilmember Beard) (2) Recreational Vehicle Parks (3) Social Services Block Grant *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'FI'EES None AGENDA OCTOBER 24, 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 Meetincl: (1) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To 3510 Lake Arthur Drive And Mohammed (2) Section 551.072 Government Code - To Discuss The Value Of Land As To 1.004 Acres Of Land Out Of Lot 6, Block 7, Range I To Be Deeded Over To Truth & Education Corporation (3) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation With Entergy (4) Section 551.071 Government Code - To Discuss With The City Attorney Pending Or Prospective Litigation As Pertains To The EDC Business Park, The Utility System Servicing The Park, Jade Avenue And EDC Business Prospects (5) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To The Shrimp House (6) Section 551.072 Government Code - To Discuss The Value Of Land As It Pertains To Appreximately 41.46 Acres Adjacent To Denbo And West Port Arthur Road (7) Section 551.071 And 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And Industrial Business Prospects And Discuss With The City Attorney Issues As To Compliance With Contractual Provisions And Disclosure Requirements And Payment Schedules (8) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation With Jefferson County As To Jail Costs *The Items In Executive Session May Be Discussed And Acted On In Open Session AGENDA OCTOBER 24, 2006 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 October 25, 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 COUNCZL & AUDIENCE MEMBERS Recognition by Presiding Officer. No person shal~ address the Council without first being recognized by Presiding Offi=er. 2. .~ea/dng P~e¢/ur~; 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 that subject he wishes to discuss, state whom he is representing if he represents an organization or other person, and unless further time is granted by majority vote of the Council, shall limit his remarks to five (5) minutes. All remarks shall be addressed to the Council as s whole and not to any member thereof. No person other than members at 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 at the Presiding Officer. 3. Improper Reference, Disorderly Conduct By Person Addressing The 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, the order by the Presiding Officer, and if such conduct continues, may, at the discretion of the Presiding Officer, be ordered barred from further audience before the Council during that Meeting. 4. Addresses After Notion I~lade or Public Hea~ing Closed. After a motion has been made or a public 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. 5. Campaign Speedle$ Prohibited. No persons will be allowed to address the City Council by making campaign speeches for or against any cendidato who has announced or does announce his intention to run, or issue already ordered on a ballot for election. 6. 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 disturbs the peace and good order of the meeting. 7. Limitations on U~e of Supplemental Lighting. Limitations on uso of supplemental lighting for television and motion picture cameras to create the least amount of interference with or disturbance of Council proceedings and/or discomfort to the public. 8. Persons Having Complaints, A/legations, or Charges Against Individual Cib/ Employee~ No person shall make any complaint, specific allegation, or charge against an individual City Employee by name in a public meeting unless he first shows that he has pursued appropriate administrative channels. ENFORCEMENT OF DECORUM Warning. All persons shall at the request of the Presiding Officer, be silent. Removal. Zf, after receiving a warning from the Presiding Officer, a person persists in disturbing the meeting, such Officer may order him to remove himsolf frem the meeting. Zf he does not remove himself, the Presiding Officer may order the Sergeant-aU)arms to remove him. Resia~'dng Removal. Any person who resists removal by the Sergeant-at-arms shall be charged with violating V.T.C.A, Penal Cede 42.05. I~lotion$ 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 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. Persona Reooestino To Be Heard On Anenda ~¢r~ (1) Residents. Any resident who wishes to address the Council on any matter may do so by notifying the City Secretary in accordance with the Texas Open Meetings Law. (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. Saecific Aaenda Itam~ 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 three (3) minutes. "Specific Agenda Items# are defined as any item specified on the Notice of Meeting posted for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Council.