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HomeMy WebLinkAboutAUGUST 28, 2007DELORIS "BOBBLE" PRINCE, MAYOR MICHAEL "SHANE" SINEGAL, MAYOR PRO-TEM COUNCIL MEMBERS: JACK CHATMAN, JR. CAL JONES THOMAS J. HENDERSON MARTIN FLOOD JOHN BEARD, JR. 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 August 28, 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. P.O. BOX 1089 · PORT ARTHUR, TEXAS 77641-1989 · 409/983-8115 · FAX 409/983-8291 City Council Meeting City Hall Council Chamber City Of Port Arthur August 28, 2007 5:30PM 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 I1. III. PROCLAMATIONS & MINUTES Proclamations September ;2007 - "Prostate Cancer Awareness Honth" And September 8, 2007 - Julie Rogers "Gift Of Life" Prostate Cancer Awareness Day In Recognition Of Gift Of Life Prostate Cancer Awareness September 24, 2007 - "Drs. Bernard And Betty Scrogin Day" In Appreciation For Work During Hurricane Rita Minutes August 14, 2007 Regular Meeting PETITIONS & COMMUNICATIONS A. Presentations - None B. Speakers - None C. Correspondence-None AGENDA AUGUST 28, 2007 IV. PUBLIC HEARINGS - 7:00 PM (1) To Consider The Continued Use Of Section 4A Sales And Use Tax Funds Until May 13, 2010 For Amateur Sports, And Athletic Purposes And Events, Including Ball Parks, Soccer Fields, Football Fields, And Related Concession, And Facilities, Which Is A Category Of Projects Under Section 4B Of Article 5190.6 Yernon's Texas Code Statutes, With The Condition That Total Annual Spending On All Section 4B Projects By The City Of Port Arthur Section 4A Economic Development Corporation Will Not Exceed $500,000 Per Year (2) To Consider the Continued Use Of Section 4A Sales And Use Tax Funds Until May 13, 2010 To Promote Or Develop New Or Expanded Business Enterprises That Create Or Retain Primary Jobs, Including A Project To Provide Demolition Of Existing Structures, Which Is A Category Of Projects Under Section 4B Of Article 5190.6 Vernon's Texas Code Statues, With The Condition That Total Annual Spending On All Section 4B Projects By The City Of Port Arthur Section 4A Economic Development Corporation Will Not Exceed $500,000 Per Year (3) To Consider The Budget For The City Of Port Arthur And The Port Arthur Section 4A Economic Development Corporation For The Fiscal Year Beginning October 1, 2007 And Ending September 30, 2008 (4) To Consider A Proposal To Increase Total Tax Revenues From Properties On The Tax Roll In The Preceding Tax Year By 30.60 Percent (Percentage By Which Proposed Tax Rate Exceeds Lower Of Rollback Tax Rate Or Effective Tax Calculated Under Chapter 26, Tax Code). Your Individual Taxes May Increase At A Greater Or Lesser Rate, Or Even Decrease, Depending On The Change In the Taxable Value Of Your Property In Relation To The Change In Taxable Value Of All Other Property And The Tax Rate That Is Adopted (5) To Consider Whether Or Not To Name The City Building Located At 649 Stadium Road And The Adjoining Park Facilities Located At 4801 East 6th Street In Memory Of Former Councilmember Felix A. Barker (6) A Public Hearing As To The Requested Rate Increase Of Texas Gas Service (A Division Of ONEOK, Inc.) UNFINISHED BUSINESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: None AGENDA AUGUST 28, 2007 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 Awarding A Bid To Tact/ca/E/ectronics Of Broken Arrow, OK In The Amount Of $8,500 (Buffer Zone Protection Plan Grant) For One (1) Wireless Pole Camera Search System (With Wrist Mounted Monitor) For The Police Department Consideration And Approval Of Awarding A Bid To GTD/str/butors, /nc., Of Aust/n, TX In The Amount Of $3,978 (Buffer Zone Protection Plan Grant) For Seventeen (17) Night Vision Helmet Mounts For The Police Department C. Expense Reports Councilmember Jack Chatman, Jr.: To Attend TML Newly Elected Officials Orientation In Dallas, TX August 10 -12, 2007 $934.14 Resolutions - Consent (1) P. R. No. 14291 - A Resolution Authorizing Modification No. 3 To The Subcontract No. 72404-3 Between The City Of Port Arthur And The University Of North Texas As It Pertains To The Project Safe Neighborhood ("PSN") Project And Rescinding Resolution No. 07-342 (2) P. R. No. No. 14293 - A Resolution Authorizing An Agreement Between The City Of Port Arthur And Catholic Charities Of Southeast Texas (3) P. R. No. 14308 - A Resolution Authorizing The Execution Of A Payment Agreement Between The City Of Port Arthur And Pick Two Contractors, Inc. For The Payment Of A Landfill Account (4) P. R. No. 14313 - A Resolution Authorizing The Execution Of A Payment Agreement Between The City Of Port Arthur And BAH (Best American Hospitality) For The Payment Of A Delinquent Water, Sewer And Garbage Account AGENDA AUGUST 28, 2007 VI. CONSENTAGENDA- CONTINUED (5) P. R. No. 14314 - A Resolution Calling For A Public Hearing To Provide For The Continued Taxation Of Tangible Personal Property In Transit, Which Would Be Otherwise Exempt Pursuant To The Texas Tax Code (6) P R. No. 14318 - A Resolution Authorizing The Mayor And City Manager To Execute A Contract For Professional Services Between The City Of Port Arthur And Carrolt & Blackman, Inc., Of Beaumont, Texas For A Feasibility Study To Upgrade The Vista Village Pump Station; Said Contract Not To Exceed An Amount Of $19,528, Funds Being Available In Account Number 001-1204-531.84.00 (7) P. R. No. 14319 - A Resolution As It Pertains To Authorizing The Mayor To Execute An Interlocal Agreement For The Port Security Grant (8) P. R. No. 14321 - A Resolution Authorizing The City Manager To Execute Change Order 01 To The Contract Between The City Of Port Arthur And Pick Two Contractors, Inc. For Construction Of Wastewater Treatment Plant Administration Building, Increasing The Contract Amount By $11,500 To A New Total Of $267,500. PROJ HRWW'FP, 123-2300-901- 82-00 (9) P. R. No. 14323 - A Resolution Approving The FY 2007-08 Contract Between The City Of Port Arthur And The Department Of State Health Services, Immunization Branch-Locals, Attachment 01 (10) P. R. No. 14325 - A Resolution Approving Teaching, Assessment, And Class Monitor Contracts As It Pertains To The Community Prosecution Program (11) P. R. No. 14328 - A Resolution Awarding A One-Year Extension Of An Existing Contract To Northstar Unlimited For Grass Cutting Services Of Privately-Owned And City-Owned Developed Lots In An Area Of The City Designated As Area B, To Be Charged To Account No. 001-1401-551.59- 00 (12) P. R. No. 14329 - A Resolution Awarding A One-Year Extension Of An Existing Contract With Northstar Unlimited For Grass Cutting Services Of Privately-Owned And City-Owned Developed Lots In An Area Of The City Designated As Area C, To Be Charged To Account No. 001-1401-551.59- 00 AGENDA AUGUST 28, 2007 VI. CONSENTAGENDA- CONTINUED (13) P. R. No. 14332 - A Resolution Awarding A Contract To Inland Environments, Ltd. In The Amount Of $10,208.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of One (1) Dangerous Commercial Building Located At 3558-3560 25th Street, To Be Charged To Account No. 132-1021-514.59-00, Project No. SSBG03 (14) P. R. NO. 14334 -A Resolution Approving An Invoice In The Amount Of $ 3,750 From Arceneaux And Gates To The City Of Port Arthur Section 4A Economic Development Corporation For A Wetlands Study And Authorizing An Additional $ 3,750 Upon Completion Of The Wetlands Study VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P.R. No. 14166 - A Resolution Naming The Community Center At 4801 E. 6th Street And Park Located At The 5000 Block Of E. 7th Street (2) P. R. NO. 14227 -A Resolution As It Pertains To An Amendment No. 1 To The Sales Tax Refund Agreement For A Retail Center Development (3) P. R. No. 14280 - A Resolution Approving The Continued Use Of Section 4A Sales And Use Tax Within The City Of Port Arthur For Amateur Sports, And Athletic Purposes And Events Until May 2010 (Proposition 8) (4) P. R. No. 14281 - A Resolution Approving The Continued Use Of Section 4A Sales And Use Tax Within The City Of Port Arthur To Promote Or Develop New Or Expanded Business Enterprises That Create Or Retain Primary Jobs, Including A Project To Provide Demolition Of Existing Structures Until May 2010 (Proposition 9) (5) P. R. NO. 14316 -A Resolution Authorizing The City Manager To Execute An Agreement With Local Government Services, LLC For Franchise Payment Review As It Pertains To Cable (6) P. R. No. 14320 - A Resolution As It Pertains To Appointing Or Reappointing A Member Or Members To The Port Arthur Civic & Activity Center Commission (7) P. R. No. 14324 - A Resolution Authorizing The Advertisement For Bids For An Option To Purchase The Sabine Hotel AGENDA AUGUST 28, 2007 VII. ITEMS (8) (9) (10) (1) (2) (3) (4) (s) (6) REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED P. R. No. 14330 - A Resolution Appointing Members To The Construction Board Of Adjustments And Appeals P. R. No. 14333 - A Resolution Appointing And/Or Reappointing A Member Or Members To The Pleasure Island Commission P. R. No. 14342 - A Resolution As It Pertains To The City Of Port Arthur Section 4A Economic Development Corporation Paying An Invoice Of $9,042.74 From The LaBiche Architectural Group, Inc. Ordinances P. O. No. 5781 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Rezoning A Tract Of Land Out Of And Part Of Lots 1, 2, 3 And 8 Block 14, Range "L" And Lots 4 And 5, Block 14, Range "K" From Industrial To Heavy Commercial, Port Arthur, Jefferson County, Texas From Industrial To Single Family Residential, (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 (Z07-04 Monroe - Hwy 365) *Reports And Recommendations July, 2007 Financial Statement Report On FEMA Recreational Vehicles Report On House Bill 3732 Report On September 6, 2007 Westside Development Implementation Study Community Meeting At 6PM At The Ninth Grade Campus Report On The City's September 11 Commemorative Service Report On Scheduling A City Council Retreat *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 AGENDA AUGUST 28, 2007 IX. X= *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: (~) (2) (3) (4) (5) (6) (7) Section 551.071 Government Code - To Discuss The Pending Litigation Between City Vs. HOT Section 551.072 Government Code - To Discuss The Value Of Land And Improvements, The Sabine Hotel Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation Between The City And The TCEQ Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Port Iron And KCS Section 551.074 Government Code - To Discuss The Appointment And Evaluation Of Municipal Court Judge Morrison Section 551.072 Government Code - To Discuss The Possible Acquisition Of Property As It Pertains To The EDC Offices Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And Industrial Business Prospects As Well As The Coordination Of Said Incentives With The Port Arthur Housing Authority And Other Entities *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 AGENDA AUGUST 28, 2007 XI. 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 29, 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 & AUDIENCE 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~lotion 14ode 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 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 demonstraUons, 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 ffmployee~ 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 meeUng, such Officer may order him to remove himsolf from the meeting. If he does not remove himself, the Presiding Officer may order the Sergeant-aU)arms 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 42.05. 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 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 Reauestinn To Be Heard On Aoenda Iter~ (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. $~ecJfic Aaenda 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 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.