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HomeMy WebLinkAboutJuly 17, 2007DELORIS "BOBBLE" PRINCE, MAYOR MICHAEL "SHANE" SINEGAL, MAYOR PRO-TEM COUNCIL MEMBERS: JACK CHATMAN, JR. CAL JONES THOMAS J. HENDERSON MARTIN FLOOD JOHN BEARD, JP~ ROBERT E. WILLIAMSON City of Texas STEPHEN FITZGIBBONS CITY MANAGER EVANGELINE "VAN" GREEN CITY SECRETARY MARK T. SOKOLOW CITY ATTORNEY AGENDA City Council Regular Meeting July 17, 2007 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 Por[ Arthur July 17, 2007 8:30AM INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Sinegal Councilmember Chatman Councilmember Jones Councilmember Henderson Councilmember Flood Councilmember Beard Councilmember Williamson City Manager Fitzgibbons City Secretary Green City Attorney Sokolow II. PROCLAMATIONS & MINUTES Proclamations - July 17, 2007 - "Friends Of The Port Arthur Public Library Day" For Support Of Library Beautification Minutes - May 29, 2007 Special Meeting June 5, 2007 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Presentations Presentation Of 2006 Employee Service Awards B. Speakers None C. Correspondence None AGENDA JULY 17, 2007 IV. V= VI. PUBLIC HEARINGS - 9:00 AM (1) To Consider Whether Or Not To Issue A Specific Use Permit For A Day Care/Nursery In The Planned Development Located At 2700 And 2800 Procter Street (2) To Consider The Designation Of A Reinvestment Zone For Tax Abatement On A 136.047 Acre Tract Of Block 12, Range "O", Port Arthur Land Company UNFINISHED BUSINESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: None 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 Awarding A Bid To ¢oburn's Supply Of Beaumont, TX For Drainage Materials (High-Density Polyethylene Pipe) For Storm Sewer Construction And Maintenance For The Public Works Department (Drainage Division) Consideration And Approval Of Awarding A Bid To A&A £/ectric Of Beaumont, TX In The Amount Of $67,850 For Emergency Generators For Fire Stations #2, #5 And #6 Consideration And Approval Of Awarding A Quote To Dooley Tackaberry, of DeerPark, TX In The Amount Of $8,980.60 (2006 Homeland Security Grant) For Ten Level A Fully Encapsulated Haz-Mat Suits For The Fire Department D, Expense Report Mayor Deloris "Bobbie" Prince: Use Of Personal Auto On Out Of Town Business, June, 2007 $ 35.98 2 AGENDA JULY 17, 2007 VI. CONSENTAGENDA- CONTINUED Resolutions - Consent (1) P.R. No. 14137 - A Resolution Calling For A Public Hearing As To Receive Input On The Continued Use Of Section 4A Sales And Use Tax Within The City Of Port Arthur For Amateur Sports, And Athletic Purposes And Events (Proposition 8) (2) P.R. No. 14138 - A Resolution Calling For A Public Hearing As To Receive Input On The Continued Use Of Section 4A Sales And Use Tax Within The City Of Port Arthur To Promote Or Develop New Or Expanded Business That Create Or Retain Primary Jobs, Including A Project To Provide Demolition Of Existing Structures (Proposition 9) (3) P. R. No. 14153 -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 $100,504, This Being $6,000 For Camp Fire, $5,000 For YMCA, $12,500 For Catholic Charities Of Diocese Of Beaumont, Inc., $4,000 For Port Arthur Housing Authority, And $20,000 For The Program Of Health Excellence, $10,000 For SET Regional Planning Commission, $11,000 For Nutritional Services, $5,000 For Law Academy, $4,375 For PAISD-DeQueen, $8,750 For PAISD- Washington, $4,375 For PAISD-Sam Houston, $4,000 For Community Retirement Home, Inc., And $5,504 For Les Enfants Centre Of Port Arthur For The Benefit Of The Low And Moderate Income Residents Of The City (4) P. R. No. 14210 - A Resolution Authorizing The City Manager To Execute An Encroachment Agreement Between The City Of Port Arthur, And Leonard Brown Pertaining To A 20 Foot Wide Public Alley Where Upon Structures Have Been Erected On Lot 7, Block 13, Procter Terrace Addition And Upon A 5 Foot Wide Utility Easement Across The Rear Of Lot 7, Block 13, That Extend A Maximum Of 13.5 Feet Into The Alley And/Or The Utility Easement Located At 438 Trinity Avenue, Port Arthur, Texas (5) P. R. No. 14228 - A Resolution Authorizing The Submission Of A Grant Application To The Texas Department Of Transportation For Transit Operating Funds (6) P.R. No. 14245 -A Resolution Authorizing A Contract With Jesse Branick As The City Prosecutor AGENDA JULY 17,2007 VI. VII. CONSENTAGENDA - CONTINUED (7) P. R. No. 14266 - A Resolution Approving The Demolition And Clearance Of Eighty-Five (85) 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 (8) P. R. No. 14268 - A Resolution Authorizing The Execution Of A Contract For Professional/Technical Services Between The City Of Port Arthur And Soutex Surveyors, Inc. Acting Through Anthony Leger, Vice-President, For Certain Professional And Technical Engineering Services In The Amount Of $47,950. Engineering Account No. 001-1202-531.54-00 (9) P. R. No. 14269 - A Resolution Approving A Memorandum Of Understanding Between The City Of Port Arthur And Renaissance Hospital Of Groves, TX To Serve As A Treatment Center Dispensing Site For The Strategic National Stockpile (SNS) (10) P. R. No. 14272 - A Resolution Authorizing The Contract Between The City Of Port Arthur And Technical Resource Staffing Services Of Orange, Texas, For School Crossing Guard Services At An Hourly Rate Of $14.50 Not To Exceed A Total Annual Amount of $87,261 ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P. R. No. 14141 - A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And The Marshall Group (2) P.R. No. 14212 - A Resolution In Support Of Desselle-Maggard Corporation (DMC) (3) P.R. No. 14233 - A Resolution Approving Amendment No. I To The Industrial District Agreement With Golden Pass LNG Terminal LLC (4) P. R. No. 14243 - Nominating TOTAL Petrochemicals USA, Inc. To The Office Of The Governor Economic Development And Tourism ("OOGEDT") Through The Economic Development Bank ("Bank") For Designation As A Qualified Business And A Triple Jumbo Enterprise Project ("Project") Under The Texas Enterprise Zone Program Under The Texas Enterprise Zone ACt, Chapter 2303, Texas Government Code ("ACT") (5) P.R. No. 14271 - A Resolution Appointing And/Or Reappointing A Member Or Members To The Citizen's Pipeline Advisory Committee AGENDA JULY 17, 2007 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONSENT (6) P. R. No. 14273 - A Resolution Authorizing The City To Advertise For Bids For Mowing And Landscape Maintenance Along State Highway 73 (7) P. R. No. 14276 - A Resolution Authorizing A Modification No. 3 From The University Of North Texas As It Pertains To The Subcontract Relating To "Project Safe Neighborhood" Under Contract No. 2003-GP-CX-0516 Between The University Of North Texas And The United States Department Of Justice, Office Of Justice Programs, Bureau Of Justice Assistance (8) P. R. No. 14277 - A Resolution Approving The First Amendment To The April 2006 Economic Incentive Contract Between Triangle Waste Solutions And The City Of Port Arthur Section 4A Economic Development Corporation (9) P.R. No. 14278 -A Resolution Approving An Economic Incentive Contract And Loan Agreement Between Triangle Waste Properties And The City Of Port Arthur Section 4A Economic Development Corporation B. Ordinances (1) P. O. No. 5750 - An Ordinance Authorizing The City Manager To Execute A New Developer Participation Contract Between The City Of Port Arthur And Big Wheel Development (2) P. O. No. 5766 - An Ordinance Disannexing Approximately 180 Acres Of Vacant Land And Approximately 26 Acres Of Submerged Land As Requested By Golden Pass LNG Terminal LLC C. *Reports And Recommendations (1) Report On FY 2007-2008 City Budget (2) Crime Report - First 6 Months Of 2007 *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 JULY 17, 2007 IX. Xl. *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 Meetin¢:l: (1) (2) (3) Section 551.072 Government Code - To Discuss Incentives As To Commercial, Industrial, And Residential Business Prospects And Possible Land Acquisition Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To The Placement Or Permitting Of Billboards Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To 8585 9th Avenue (The Capri Club) *The Items In Executive Session May Be Discussed And Acted On In Open Session 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 ADJOURNMENT OF MEETING RULES OF DECORUM - PERSONS ADDRESSZNG COUNCZL & AUDTENCE MEMBERS 5. 6. 7. 8. Recognition by Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. 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 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 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. Improper References/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 discreUon of the Presiding Officer, be ordered barred from further audience before the Council during that Meeting. Addresses After I~otion f4ade 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 Prohibited, 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 Conduc~ 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. Limitations on Use of Supplemental Lighting. Limitations on use 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. Persons Having Complaints, A/legations, or Charges Against Individual City £mployee~ 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, Tf, 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. If he does not remove himself, the Presiding Officer may order the Sergeant-at0arms to remove him. Res/sting Removal, Any person who resists removal by the Sergeant-at-arms shall be charged with violating V.T.C.A, Penal Code 42.05. I4otion$ 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. Persons Reouestino To Be Heard On Anenda Items (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. $~ecific Anenda Item~ 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 Ztems" 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.