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HomeMy WebLinkAboutJULY 31, 2007DELORIS "BOBBLE' PRINCE, MAYOR MICHAEL "SHANE' SINEGAL, MAYOR PRO-TEM COUNCIL MEMBERS: JACK CHATMAN, JR. CAI. JONES THOMAS J. HENDERSON MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON City of Tfxas STEPHEN FITZGIBBONS CITY MANAGER EVANGELINE "VAN" GREEN CITY SECRETARY MARK T. SOKOLOW CITY ATTORNEY AGENDA City Coum:il Regular Meeting July 31, 2007 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 h I1. II1. IV. City Council Meeting City Hall Council Chamber City Of Port Arthur July 31, 2007 5:30PM INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tern Sinegal Councilmember Chatman Councilmember Jones Councilmember Henderson Councilmember Flood Councilmember Beard Councilmember Williamson City Manager Fitzgibbons City Secretary Green City Attorney Sokolow PROCLAMATIONS & MINUTES Minutes - June 19, 2007 Regular Meeting June 26, 2007 Special Meeting July 3, 2007 Regular Meeting July 10, 2007 Special Meeting PETITIONS & COMMUNICATIONS A. Presentations (1) (2) (3) Presentation Of Recent City Of Port Arthur Construction Job Training Graduates And Job Recipients Presentation By Texas Gas Service (A Division Of Oneok, Inc.) Presentation By Joe Richard, Treasurer Of The Port Arthur Neighborhood Action Council (PANAC), Naming The Lakeview Center And Adjacent Park After Councilman Felix Barker B. Speakers (1) (2) Rose Whitehead Regarding Demolition Of 634 6th Street Kirk Vital Regarding Crime In The Neighborhood Of Lakeside C. Correspondence None PUBLIC HEARINGS - 7:00 PM None AGENDA JULY 31,2007 V= VI. 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. A= Consideration And Approval Of Awarding A Quote To DynaSource, /nc., Of Beaumont, TX In The Amount Of $22,803 For Service Upgrade On The City's LaserFiche Computer System Consideration And Approval Of Awarding A Quote To Ca/dwell Country Chevrolet Of Ca/dwell, TX (Through HGAC) In The Amount Of $38,694 For The Purchase Of A 2008 Chevrolet Tahoe For The Transit Department Consideration And Approval Of Payment To Schindler Elevator Corporation Of Beaumont, TX In The Amount Of $10,838 For Repairs And Modifications To The Elevators At City Hall Consideration And Approval Of Awarding A Bid To Vermeer Equipment Of Texas, Inc., Of Houston, TX In The Amount Of $6,503.35 For Parts To Repair A 1995 Vermeer Tub Grinder (Unit #1274) For The Public Works Department (Solid Waste Division) Consideration And Approval Of Awarding A Bid To B & P Process Equipment Of Houston, TX In The Amount Of $44,500 To Rebuild An ALFA DS-401 Decanter Centrifuge For The Utility Operations Department Consideration And Approval Of Awarding A Quote To Stewart & Stevenson Of Houston, TX In The Amount Of $16,734.64 For Repairs To A 1996 Loader/Dump Truck (Equipment #1214) For The Public Works Department (Drainage Division) Consideration And Approval Of Awarding A Bid To A & A Electric Of Beaumont, TX In The Amount Of $52,730 For A Trailer-Mounted 100 KW Generator (With Transfer Switch) For The Police Department AGENDA JULY 31,2007 VI. CONSENT AGENDA - CONTINUED Consideration And Approval Of Awarding A Bid To American F/ow Control Of Houston, TXIn The Estimated Amount Of $74,090 For The Purchase Of Fire Hydrants For The Utility Operations Department (Water Distribution Division) Consideration And Approval Of Awarding A Quote To Doo/ey Tackaberry, Inc., Of Deer Park, TX (Through BuyBoard) In The Estimated Amount Of $35,666 For Bunker Pants, Coats, Helmets And Boots For The Fire Department Resolutions - Consent (1) P. R. No. 14270 - 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 2007-2008 And Authorizing Notice Of Public Hearing (2) P. R. No. 14274 - A Resolution Of The City Of Port Arthur, Texas Hereinafter Referred To As "Applicant," Designating Certain Officials As Being Responsible For, Acting For, And On Behalf Of The Applicant In Dealing With The Texas Parks & Wildlife Department, Hereinafter Referred To As "Department," For The Purpose Of Participating In The Texas Recreation & Parks Account Outdoor Recreation Grant Program, Hereinafter Referred To As The "Program"; Certifying That The Applicant Is Eligible To Receive Program Assistance Of $400,000 Toward A Total Estimated Project Costing $800,000; Certifying That The Applicant Matching Share Is Readily Available; Dedicating Adams Park At 3401 61st Street For Permanent Public Park And Recreational Uses; And Certifying That The Application Has Been Submitted To The Appropriate Regional Council Of Governments For The Texas Review And Comment System (TRACS) Review AGENDA JULY 31, 2007 VI. CONSENT AGENDA- CONTINUED (3) P. R. No. 14275 - A Resolution Of The City Of Port Arthur, Texas Hereinafter Referred To As "Applicant," Designating Certain Officials As Being Responsible For, Acting For, And On Behalf Of The Applicant In Dealing With The Texas Parks & Wildlife Department, Hereinafter Referred To As "Department," For The Purpose Of Participating In The Texas Recreation & Parks Account Indoor Recreation Grant Program, Hereinafter Referred To As The "Program"; Certifying That The Applicant Is Eligible To Receive Program Assistance Of $400,000 Toward a Total Estimated Project Costing $800,000; Certifying That The Applicant Matching Share Is Readily Available; Dedicating The City Of Port Arthur Recreation And Senior Citizen Center At 1308 9TM Avenue For Permanent And Recreational Uses; And Certifying That The Application Will Be Submitted To The Appropriate Regional Council Of Governments For The Texas Review And Comment System (TRACS) Review (4) P. R. No. 14279 - A Resolution Extending The Performance Period Of Lamar State College Community Development Block Grant Contract From September 1, 2007 To July 17, 2008, Or Until Such Funds Are Exhausted Whichever Comes Sooner, Unless Terminated As Otherwise Provided With The Contract (5) P. R. No. 14286 - A Resolution Authorizing Filing Of Application With The Office Of Rural And Community Affairs For Critical Infrastructure Under Hurricane Rita Disaster Recovery Funding (6) P. R. No. 14288 - A Resolution Authorizing The Execution Of A Contract For Fire Hydrant Installation And/Or Replacement Services For The Utility Operations Department With CA Services, Of Saratoga, Texas, For The Estimated Sum Of Not To Exceed Thirty Seven Thousand Five Hundred And No/100 Dollars ($37,500.). Account No. 410-1253-532.35-00 (7) P. R. No. 14290 - A Resolution Authorizing The City Manager And Fire Chief To Purchase A New Bomb Dog (8) P. R. No. 14292 - A Resolution Authorizing The City Manager To Execute Change Order 1 To The Construction Contract For The Port Arthur Hike And Bike Trail Project And Authorizing The Texas Department Of Transportation To Transfer Funding From The Boardwalk Extension Project (CS J: 0920-38- 161) To The Port Arthur Hike And Bike Trail Project (CS J: 0920-38-096 And CS J: 0920-38-170) AGENDA JULY 31,2007 VI. VII. CONSENTAGENDA - CONTINUED (9) P. R. No. 14296 - A Resolution Accepting A Water Utility Easement From Port Arthur CPDC, LLC. For The Construction, Installation, Laying, And Maintaining Of Water Utilities In The City Of Port Arthur (10) P.R. No. 14298 - A Resolution As It Pertains To Training Agreements With Police Cadets ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P. R. No. 14284 - A Resolution As It Pertains To Commemorating Former Councilmember Felix A. Barker And Calling A Public Hearing To Name A Building And A Park In His Memory (2) P. R. No. 14285 - A Resolution As It Pertains To Authorizing The City Manager Of The City Of Port Arthur To Execute A Tax Abatement Agreement With TE Products Pipeline Company, LLC (3) P. R. No. 14287 - A Resolution Of The City Council Of The City Of Port Arthur, Texas Requesting Texas Senators, The Honorable Kay Bailey Hutchinson And The Honorable John Cornyn, Oppose The Passage Of "Public Safety Employer-Employee Cooperation Act Of 2007 - H.R. 980" By The Senate Of The United States (4) P. R. No. 14295 - A Resolution As It Pertains To Amelia Lawn Care And The Installation Of Hunter Wireless Battery Operated Valve Controllers In The Amount Of $6,723.38 (5) P. R. No. 14297 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation's CEO To Execute Change Order No. 01 To The Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And Excavators & Constructors, Ltd For Construction Of The Jade Avenue Extension, Increasing The Contract Amount By $835.49 To A New Total Of $246,295.34 And To Execute A Certificate Of Acceptance B. Ordinances (1) P. O. No. 5768 - An Ordinance Amending Section 110-98 (b) To The Code Of Ordinances Of The City Of Port Arthur As It Pertains To Water Utility Billing Adjustments (2) P. O. No. 5769 - An Ordinance Acting On The Requested Rate Increase Of Texas Gas Service (A Division Of ONEOK, Inc.) AGENDA JULY 31,2007 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (3) P. O. No. 5770 - An Ordinance Pertaining To The Conduct Of The November 6, 2007 Special Election For The Purpose Of Electing A Councilmember For Position 7 In The City Of Port Arthur And Approving A Joint Election Agreement (4) P. O. No. 5771 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting A Specific Use Permit For A Day Care In The Planned Development-9 District On Lots 5 & 6, Block 166, 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 (Z07-05 ALEXANDER - 2700 & 2708 Procter) (5) P. O. No. 5772 - An Ordinance Designating A Reinvestment Zone For Tax Abatement On 136.407 Acres Of Land Out Of Block 12, Range "O", PALCO (6) P. O. No. 5773 -An Ordinance Amending Section 106-121 Of Chapter 106 Of The Code Of Ordinances As It Pertains To Traffic, Designating Certain Streets In The Vicinity Of Robert E. Lee Elementary School As One-Way Streets During The Hours Of 7:30 A.M. To 9:00 A.M. And 2:30 P.M. To 4:30 P.M. And Providing For An Effective Date And For Publication (7) P. O. No. 5774 - An Ordinance Amending Section 106-121 Of Chapter 106 Of The Code Of Ordinances As It Pertains To Traffic, Designating The Hours Of 7:30 A.M. To 9:00 A.M. And 2:30 P.M. To 4:30 P.M. For The One-Way Streets In The Vicinity Of Tyrrell Elementary School And Providing For An Effective Date And For Publication C. *Reports And Recommendations (1) (2) (3) (4) June, 2007 Financial Report Report On Scheduling A City Council Retreat Report On House Bill 3732 Report On Monument To Fallen Heroes *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 AGENDA JULY 31, 2007 VIII. IX. Xl. REPORTS OF BOARDS & COMMITTEES - None *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) (2) (3) Section 551.087 Government Code - To Discuss Incentives As To Commercial, Industrial, And Residential Business Prospects Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation As It Pertains To The City And TCEQ Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To The Condition Of Property Adjacent To And In The Vicinity Of West 7th Street, West 8th Street, Denbo Avenue, And Marian Anderson *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 NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On August 1, 2007. 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 COUNCIL & AUDZENCE MEMBERS 5. 6. 7. 8. Recognition by Presiding OftTcer. 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 uso 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 represonts 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, Disordeffy 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. Addresses After Afotion Afade or Public Hea~fng Closed, After a motion has been made or a public hearing has been closod, 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 Prehibitad. 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. Limitations on Use 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. Persons Having Complaints, A/legations, or Charges Against Individual 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. Zf, 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, l~f he does not remove himself, the Presiding Officer may order the Sergeant-at0arms to remove him. ResJ$b'ng Remora/. Any person who resists removal by the Sergeant-at-arms shall be charged with violating V.T.C.A, Penal Code 42.05. I~lotions 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 Secretory shall make public, in accordance with the Texas Open Meetings Law, an agenda containing all business to be discussod at a meeting of the City Council. Persons Reauestina To Be Heard On Aaenda 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 Aaenda Items. 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 l~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.