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HomeMy WebLinkAboutFEBRUARY 28, 2007OSCAR G. ORTIZ, MAYOR DELORIS PRINCE, MAYOR PRO~TEM COUNCIL MEMBERS: WILLIE LEWIS JR. FELIX A. BARKER THOMAS J. HENDERSON MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON MICHAEL "SHANE' SiNEGAL City of STEPHEN FI~ZGIBBONS CITY MANAGER EVANGELINE "VAN" GREEN CITY SECRETARY MARK T. SOKOLOW CITY ATI'ORNEY AGENDA City Council Regular Meeting February 28, 2007 8:30 a.m. In compliance with the Americans With Disabilities Act5 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 409/983B291 City Council Meeting City Hall Council Chamber City Of Port Arthur February 28, 21007 8:30AM II. ROLL CALL, INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tem Prince Councilmember Lewis Councilmember Barker Councilmember Henderson Councilmember Flood Councilmember Beard Councilmember Wiliiamson Councilmember Sinegal City Manager Fitzgibbons City Secretary Green City Attorney Sokolow PROCLAMATIONS & MINUTES Minutes: January 16, 2007 Regular Meeting III. PETITIONS & COMMUNICATIONS (1) (2) (3) (4) (1) (2) C. Presentations Presentation Of 2005/2006 Audit Presentation By The Woodmen Of The World Of Flags To ']'he City Of Port Arthur Presentation On The Texas Forestry Service Grant Presentation By The Golden Triangle Business Roundtable Regarding Workforce And Housing initiatives Speakers Kevin Roach Regarding Environmental Condition Of The City Of Port Arthur Sharon Joy Bernard Regarding Water Utilities/Broken Meter Consumption Correspondence Certificate of Appointment To The Port Arthur Housing Authority AGENDA FEBRUARY 28, 2007 IV. PUBLIC HEARINGS - 9:00 AM To Consider Whether Or Not To Issue A Specific Use Permit For A Communications Tower In A Light Commercial District Located On The South Side Of S. Gulfway Drive (Hwy. 87) Approximately 2400' West From The Four- Way Stop (6114 S. Gulfway Drive) Applicant: Crown Castle: Z06-18 V. UNFINISHED BUSINESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: (1) P. R. No. 13978 - A Resolution Authorizing The City Manager To Execute An Agreement Between The Pleasure Island Commission, Aquila Golf, And The City Of Port Arthur (Requested By City Manager) (2) P. R. No. 13989 -A Resolution Authorizing The City Manager To Execute A Memorandum Of Understanding Between The City Of Port Arthur And The Southeast Texas Plant Managers Forum, A Member Texas Nonprofit Corporation Working Through Their Duly Authorized Committee Of Plant Managers Called The Port Arthur Industrial District Group (3) P. R. No. 13994 - A Resolution Approving Awarding A Bid By The City Of Port Arthur Section 4A Economic Development Corporation And Authorizing The Execution Of A Contract For Construction Of Jade Avenue Extension Within The Business Park Located At 9555 W. Port Arthur Road To Excavators & Constructions, LTD. VI. CONSENTAGENDA 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. Consideration And Approval Of The Purchase Of Fifteen Model X26 Tasers And Fifteen Taser Holsters From GTD/str/butors Of Aust/n, TX In The Amount Of $12,823.50 For The Police Department Consideration And Approval Of The Purchase Of Forty Sony DSC-S650 Digital Cameras From CDI/V Government, /nc. Of Vernon H///s, /L In The Amount Of $5,492.08 For The Police Department AGENDA FEBRUARY 28, 2007 VI. CONSENTAGENDA - CONTINUED Consideration And Approval Of The Purchase Of ARCGIS V9.2 Software To Environmental Systems Research Institute,/nc., O/Sugar Land, TX in The Amount Of $7,118.38 For The Police Department Consideration And Approval Of Payment To Smart's TruckAnd Trailer Of Beaumont, TX In The Amount Of $13,999.57 For Repairs To A 1996 GMC Trash Truck W/Grapple (Equipment #1230) For The Public Works Department (Solid Waste Trash Division) Consideration And Approval Of Awarding A Bid To Green Equipment Company Of Da/las, TX In The Amount Of $5,670 For An Underground Piercing Tool For The Utility Operations Department (Water Distribution Division) Consideration And Approval Of Awarding Bids To Rural Pipe & Supply Of Jasper, TX And Coburn's Supply Of Beaumont, TX For Water Meter Boxes And Vaults For The Utility Operations Department Consideration And Approval Of Awarding A Bids To Rural Pipe & Supply Of Jasper, TX And Aqua-Metric Sa/es Company 0£ Riverside, CA For Water Meters And Meter Reading Equipment For The Utility Operations Department Consideration And Approval Of The Purchase Of A PhoneMaster For Web Communications System To U'. S. Netcom Corp Of Joplin, MO In The Amount Of $12,520 For The Health Department Consideration And Approval Of Payment To Martin Apparatus, /nc., Of Houston, TX in The Amount Of $7,098.19 For Emergency Repairs To Fire Engine 8 (Equipment #942) J. Expense Report Mayor Pro Tem Detoris "Bobble" Prince: Attend SETRPC Retreat In Kountze, Texas February 7, 2007 $42.20 Use Of Personal Auto For Out-Of-Town City Business February, 2007 $40.74 ~,GENDA FEBRUARY 28, 2007 VI. CONSENTAGENDA - CONTINUED Resolutions - Consent (1) P. R. No. 13997 - A Resolution Authorizing The Execution Of The Jefferson County Fugitive Task Force Memorandum Of Understanding By Chief Blanton (2) P. R. No. 13998- A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (3) P. R. No. 13999 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of The Property Damage Claim in The Amount Of $14,605.52 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Lightning Strike Damages At The Water Purification Plant On October 16, 2006 (4) P. R. No. 14000 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of The Property Damage Claim In The Amount Of $9,300.00 Made Against Texas Municipal League intergovernmental Risk Pool (TML) As A Result Of Lightning Strike Damages At Miguez Field On July 4, 2006 (5) P. R. No. 14001 -A Resolution Authorizing The City Manager To Execute A Partial Assignment As To An Oil & Gas Lease As tt Pertains To 7.55 Net Mineral Acres, More Or Less, And Being A Part Of Lot 14, Block 25, Port Acres Subdivision From Square Mile Energy, LLC. To KiwiEnergy, Ltd. And To Oil & Gas Ventures, LLC. (6) P. R. No. 14002 - A Resolution Authorizing Acceptance Of The Certificate Of Completion, The Contractor's Certificate And Release, And The Contractor's Certificate Of Guarantee; And Authorizing Execution Of Change Order No. Eight (8) And Final For The Pioneer Park And Griffing Park Wastewater Rehabilitation Project And Approving Final Payment Of $449,880.03 To AIIco, Ltd., And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas. Funding No. 426-1625-532.83-00, Project No. 426ALL (7) P. R. No. 14003 - A Resolution Authorizing The City Manager To Send A Notice Of Intent To The Federal Railroad Administration For The Establishment Of Railroad Quiet Zones In The City Of Port Arthur (8) P.R. No. 14004 - A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In The Amount Of $18,215.00 For Repairs To The Main WWTP Chlorine Building Between The City Of Port Arthur And Lange Brothers Inc., Of Port Arthur, Texas. Account No. 419-1622- 531.82-00, Project No. 19901 AGENDA FEBRUARY 28, 2007 VI. CONSENTAGENDA- CONTINUED (9) P. R. No. 14005 - A Resolution Awarding A Contract To AAR, Inc. In The Amount Of $23,295.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group A-t); To Be Charged To Account No. 132-1021-514.59-00; Project No. SSBG03; Structures ineligible For The Grant Will Be Charged To Account No. 105-1431-552.59-00; Project No. C32120 (10) P. R. No. 14006 - A Resolution Awarding A Contract To AAR, ~nc. In The Amount Of $21,455.00, And Authorizing The Execution Of A Contract For The Demolition Of Four (4) Dangerous Residential Properties (Group B-t); To Be Charged To Account No. 132-1021-514.59-00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Account No. 105-1431-552,59-00; Project No. C32t20 (11) P. R. No. 14007-A Resolution Awarding A Contract To AAR, Inc., In The Amount Of $20,980.00, And Authorizing The Execution Of A Contract For The Demolition Of Four (4) Dangerous Residential Properties (Group C-t); To Be Charged To Account No. 132-t021-514.59-00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Account No. 105-1431-552.59-00; Project No. C32120 (12) P. R. No. 14008 -A Resolution Awarding A Contract To AAR, inc. In The Amount Of $19,650.00, And Authorizing The Execution Of A Contract For The Demolition Of Four (4) Dangerous Residential Properties (Group D-t); To Be Charged To Account No. 132-1021-514.59-00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Account No. 105-1431-552.59-00; Project No. C32120 (13) P. R. No. 14009 - A Resolution Awarding A Contract To AAR, Inc. In The Amount Of $21,700.00, And Authorizing The Execution Of A Contract For The Demolition Of Four (4) Dangerous Residential Properties (Group E-t); To Be Charged To Account No. 132-1021~514.59~00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Account No. 105~1431-552.59-00; Project No. C32120 (14) P, R. No, 14017 - A Resolution Authorizing An Interlocal Agreement Between Jefferson County And The City Of Port Arthur As To The Early Voting Period And For The May 12, 2007 Election And The Use Of The County's Electronic Voting Equipment AGENDA FEBRUARY 28, 2007 VI. CONSENTAGENDA- CONTINUED (15) P. R. No. 14019 - A Resolution Authorizing Acceptance Of A Certificate Of Completion, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee From Luby's Restaurants Limited Partnership, A Texas Limited Partnership, For' The Completion Of The Public Improvements (Water And Sewer Lines) To Serve Their Property At S.H. 69 And F.M. 365, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (16) P. R. No. 14020 - A Resolution Accepting A Water Utility Easement From Luby's Restaurants Limited Partnership, A Texas Limited Partnership, For The Construction, Installation, Laying, And Maintaining Of Water Utilities in The City Of Port Arthur (17) P. R. No. 14022 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute A Settlement Agreement With Regard To Worker's Compensation Benefits Paid By The City Of Port Arthur In The Amount Of $4,995.81 d AGENDA FEBRUARY 28, 2007 VII, iTEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P. R. No. 14010 - A Resolution Awarding A Contract To Pick Two Contractors, inc. in The Amount Of $13,000.00, And Authorizing The Execution Of A Contract For The Demolition Of Four (4) Dangerous Residential Properties (Group A); To Be Charged To Account No. 132- 1021-514.59-00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Account No. 105-1431-552.59-00; Project No. C32120 (2) P. R. No. 14011 - A Resolution Awarding A Contract To Pick Two Contractors, Inc. In The Amount Of $14,000.00, And Authorizing The Execution Of A Contract For The Demolition Of Four (4) Dangerous Residential Properties (Group B); To Be Charged To Account No. 132- 1021-514.59-00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Account No. 105-1431-552.59-00; Project No. C32120 (3) P. R. No. 14012 - A Resolution Awarding A Contract To Pick Two Contractors, Inc. In The Amount Of $13,900.00, And Authorizing The Execution Of A Contract For The Demolition Of Four (4) Dangerous Residential Properties (Group C); To Be Charged To Account No. 132- 1021-514.59~00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Account No. 105-1431-552.59-00; Project No. C32120 (4) P. R. No. 14013 - A Resolution Awarding A Contract To Pick Two Contractors, Inc. In The Amount Of $15,500.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group D); To Be Charged To Account No. 132- 1021-514.59-00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Account No. 105-1431-552.59-00; Project No. C32120 (5) P. R. No. 14014 - A Resolution Awarding A Contract To Pick Two Contractors, Inc. in The Amount Of $20,800.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group E); To Be Charged To Account No. 132- 1021-514.59-00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Account No. 105-1431-552.59-00; Project No. C32120 AGENDA FEBRUARY 28, 2007 VII. ITEMS REQUIRING iNDIVIDUAL ACTION - NON-CONSENT - CONTINUED (6) P. R. No. 14015 - A Resolution Awarding A Contract To Pick Two Contractors, Inc. In The Amount Of $19,200.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group F); To Be Charged To Account No. 132- 1021-514.59-00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Account No, 105-1431-552.59-00; Project No. C32120 (7) P. R, No. 14016- A Resolution Appointing And/Or Reappointing Members To The Planning And Zoning Commission (8) P. R. No. 14018 - A Resolution Appointing New Members To The Board Of Directors Of The Port Arthur Industrial Development Corporation And Appointing A New Registered Agent (9) P. R. No. 14023 - Resolution Appointing/Reappointing A Member Or Members To The Library Board (10) P. R. No. 14027 - A Resolution Appointing Or Reappointing A Member Or Members To The Pleasure island Commission (Requested By Mayor Ortiz) B. Ordinances (1) P. O. No. 5733 - An Ordinance Amending Planned Development-25 By Adding Tracts 1 & 2 Of Lot 2, Tracts 1 & 2 Of Lot A And Tract 2 Of Lot 1, Country Club Place, City Of Port Arthur (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. (Z06-16) TOTAL (2) P. O. No. 5734 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting A Specific Use Permit For An Auto Paint And Body Shop On Lots 21-28, Block 27, Town Of Griffing, 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. (Z06-17 RUIZ) 3511 25TH Street 8 AGENDA FEBRUARY 28, 2007 iTEMS REQUIRING iNDiVIDUAL ACTION - NON-CONSENT - CONTINUED (3) P. O. No. 5735 - An Ordinance Amending Chapter 78 (Personnel), Article II Division 4 (Wage And Salary Administration), Section 78-150 § B (1), § (B) (2), And § B (2) (C) Overtime Compensation And Division 5 (Attendance And Leave Section) 78~182 Attendance And Section 78-183 Overtime Of The Code Of Ordinances Of The City Of Port Arthur C. *~orts And Recommendations (1) Report On Right-Of-Way Mowing On Highway 73 (Requested By Councilmember Flood) (2) Report On Jefferson County Jail Costs (3) Report On Hike & Bike Trail (4) Report On EDC Board Members Meeting Attendance (Requested By Councilmember Lewis) (5) Report On Intemet Technology (Requested By Councilmember 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 Viii. REPORTS OF BOARDS & COMMITTEES None 9 AGENDA FEBRUARY 28, 2007 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) (2) (3) (4) (5) (6) (7) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation As It Pertains To Sm/th Vs GrangerAnd C/ty Section 551.071 Government Code - To Discuss With The City Attorney Pending And Potential Litigation As It Pertains To A Worker's Compensation Lien Pertaining To Jesse Ba//ou Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Grantees Who Have Received EDC Funds Section 551.087 Government Code - To Discuss incentives For Commercial, Residential, And Industrial Development Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To The EDC Business Park At Spur 93 Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Property Adjacent To Denbo, West 7th Street, And West 8th Street Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Pick Two Contractors And Suretec Insurance Company *The Items In Executive Session May Be Discussed And Acted On In Open Session X. FUTURE AGENDAITEMS 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 l0 RULES OF DECORUM - PERSONS ADDRESS~rNG COUNCIL & AUDIENCE MEMBERS 5. 6. 7, 8. Reco~nitioa by Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. Speaking Prec~dure; 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, sha~l limit his remarks to five (5) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof. 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, Impreger Reference, Diaordeffy Conduct By Person Addressing The Cound~ Any person making, expressly or impliedly, personal, impertinent, s~anderous, derogatory, discourteous, snide, or profane remarks or who wiUfuUy 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 Ofl~cer, and if such conduct continues, may~ at the discretion of the Presiding Officer, be ordered barred fram further audience before the Council during that Meeting. Addre~es After h~otion Hade or Public Hearing 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. Campaign Speeches Prehibited. No persons 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. 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. £imita~ons on Use of Supplemental £igh~fng. Limitations on use of supplemental Eghfing 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. Persons Having Complaints, Allega~ona, or Charg~ Agains~ :ndividual City 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. :[f~ after receiving a warning from the Presiding Officer, a person persists in disturbing the meeting, such Officer may order him to remove himself from the meeting. ~'f he does not remove himself, the Presiding Officer may order the Sergeant-at0arms 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 42.0S. I~oEon$ To Enforce. Any Councilmember may move to require the Presiding Officer to enforce this division, and the affirmative vote of a majori~ 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 Requestinq To Be Heard On Aqenda I~ems (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. _Specific Aoenda Item~ After a motion, second and discussion by the City Council on any specific agenda item, and before a vot~ 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 [tems" 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.