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HomeMy WebLinkAboutSeptember 11, 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 STEPHEN FITZGIBBONS CITY MANAGER EVANGELINE "VAN" GREEN CITY SECRETARY MARK T. SOKOLOW CITY ATTORNEY AGENDA City Council Regular Meeting September 11, 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. EO. BOX 1089 · PORT ARTHUR, TEXAS 7764%1089 · 409/983-8115 · FAX 409/983-8291 City Council Meeting City Hall Council Chamber City Of Port Arthur September 11,2007 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 I1. III. PROCLAMATIONS & MINUTES Proclamations September 11,2007 As "Celebrate Freedom Day" September 17-21,2007 As "United Way Of South Jefferson County Week" Minutes None PETITIONS & COMMUNICATIONS A. Presentatioq A Presentation On M&I Electric Industries, Inc. And Job Fair September 22, 2007 (Recreation Center - 1308 9th Avenue) B. Speakers (1) Stephen Mosely Regarding Relocation Of "The Breeze" (2) Aletha Kirkwood Regarding Beautification Commission's New Location C. Correspondence None AGENDA SEPTEMBER 11, 2007 IV. PUBLIC HEARINGS - 9:00 AM 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 Texas Rate That Is Adopted SEPTEMBER RECESS FOR 11TM COMI~EMORATIVE SERVICE 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. 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 Unfit May 2010 (Proposition 8) (2) 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) (3) P. R. No. 14324 - A Resolution Authorizing The Advertisement For Bids For An Option To Purchase The Sabine Hotel 2 AGENDA SEPTEMBER 11, 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 The Purchase Of A Software Upgrade From LT Systems, Inc., Of Port Neches, TX And The Supporting Hardware From De#, Austin, TX (Through DIR) In The Total Amount Of $34,469.20 For The Municipal Court Consideration And Approval Of Payment To El Perico Pub/ishing And Broadcasting Of Port Arthur, TX In The Amount Of $6,000 For Advertisement Space For A Twelve (12) Month Period C. Expense Report Judge Kermit Morrison: Attend Legislative Update In Austin, TX August 16-18, 2007 $542.85 Resolutions - Consent (1) P. R. No. 14322 - A Resolution To Rescind The Three (3) Year Contract For Janitorial Services In The City Hall/Annex Building With Southeast Texas Building Services, Inc., Of Nederland, Texas And Authorize The Purchasing Division To Advertise For Bids (2) P. R. No. 14335 - A Resolution Authorizing The City Manager To Enter Into A Letter Agreement With Lamar University For The Taping Of Governmental Meetings (3) P. R. No. 14336 - A Resolution Affirming The Investment Policies Of The City Of Port Arthur For The 2007-2008 Fiscal Year (4) 13. R. No. 14337 - A Resolution Authorizing The Execution Of An Agreement To Share Operating Expenses Of Rose Hill Between The City Of Port Arthur And The Federated Women's Club Of Port Arthur For The 2007-2008 Fiscal Year, In An Amount Not To Exceed $12,000, Account #140-1405-551.59.00, M97908 AGENDA SEPTEMBER 11,2007 VI. CONSENTAGENDA - CONTINUED (5) P. R. No. 14338 - A Resolution Approving A Contract Between The City Of Port Arthur, Lamar State College-Port Arthur And The Port Arthur Historical Society For The Purpose Of Funding The Museum Of The Gulf Coast For The 2007-2008 Fiscal Year In The Amount Of $76,000, Account #140-1405-557.59-00, M97904 (6) P. R. No. 14339 - A Resolution Approving A Contract Between The City Of Port Arthur And The Port Arthur Historical Society For The Purpose Of Funding The Pompeiian Villa For The 2007-2008 Fiscal Year In The Amount Of $19,800, Account #140-1405-551.59-00, M97909 (7) P. R. No. 14340 - A Resolution Approving An Amendment To The Contract Between The City Of Port Arthur And The Port Arthur Convention And Tourist Association Which Manages And Operates A ConventionNisitors Bureau (8) P. R. No. 14341 - A Resolution Approving A Contract Between The City Of Port Arthur And Southeast Texas Arts Council (SETAC) For The Purpose Of Funding SETAC For The 2007-2008 Fiscal Year In The Amount Of $45,000, Account #001-1003-512.59-00, M97901 (9) P. R. No. 14344 - A Resolution Awarding A Contract To K-T Construction, LLC In The Amount Of $14,500.00, 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 Other Available Funding Sources (10) P. R. No. 14345 - A Resolution Awarding A Contract To K-T Construction, LLC In The Amount Of $12,400.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) 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 Other Available Funding Sources (11) P. R. No. 14346 - A Resolution Awarding A Contract To K-T Construction, LLC In The Amount Of $18,050.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group C-t), To Be Charged To Account No. 132-1021-514.59-00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Other Available Funding Sources AGENDA SEPTEMBER 11,2007 VI. CONSENT AGENDA - CONTINUED (12) P. R. No. 14347 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $20,100.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) 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 Other Available Funding Sources (13) P. R. No. 14348 - A Resolution Awarding A Contract To K-T Construction, LLC In The Amount Of $20,600.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) 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 Other Available Funding Sources (14) P. R. No. 14349 - A Resolution Awarding A Contract To K-T Construction, LLC In The Amount Of $14,400.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) 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 Other Available Funding Sources (15) P. R. No. 14350 - A Resolution Awarding A Contract To K-T Construction, LLC In The Amount Of $9,650.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residentia~ 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 Other Available Funding Sources (16) P. R. No. 14351 - A Resolution Awarding A Contract To K-T Construction, LLC In The Amount Of $14,000.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) 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 Other Available Funding Sources (17) P. R. No. 14352 - A Resolution Awarding A Contract To K-T Construction, LLC In The Amount Of $15,650.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) 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 Other Available Funding Sources AGENDA SEPTEMBER 11,2007 VI. CONSENTAGENDA - CONTINUED (18) P. R. No. 14353 - A Resolution Awarding A Contract To K-T Construction, LLC In The Amount Of $11,150.00, 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 Other Available Funding Sources (19) P. R. No. 14354 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $17,300.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) 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 Qther Available Funding Sources (20) P. R. No. 14356 - A Resolution Awarding A Contract To K-T Construction, LLC In The Amount Of $13,900.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group H), To Be Charged To Account No. 132-1021-514.59- 00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Other Available Funding Sources (21) P.R. No. 14357 - A Resolution Authorizing The City Manager And Fire Chief To Accept The FY 2007 Assistance To Firefighters Grant (22) P. R. No. 14358 - A Resolution Authorizing The City Manager To Enter Into A Contract With RWL Group For Risk Management Consulting Services At The Not To Exceed Cost Of $18,000 For The 2007-2008 Fiscal Year. Funding By: General Liability Insurance Fund 612-1702- 581.52.00 (23) P. R. No. 14359 - A Resolution Authorizing The Purchase Of Windstorm Coverage (Commercial And Residential) In The Amount Of $460,345.25 Per Annum. Proposed Funding By: General Liability Insurance Fund: 612- 1702-581.52-00 - $460,345.25 (24) P. R. No. 14360 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of A Claim In The Amount Of $6,536.62 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Vehicle #1605 AGENDA SEPTEMBER 11, 2007 VI. CONSENTAGENDA ~ CONTINUED (25) P. R. No. 14361 - A Resolution Authorizing The City Manager To Execute Renewal Contracts Between Its Third Party Administrator (Administrative Services Only) For The City Of Port Arthur Group Medical, Dental Insurance; For Basic Life, And For Basic Accidental Death And Dismemberment, And Excess Loss Indemnity With Blue Cross And Blue Shield Of Texas, Inc. Fund No. (S) 614-Health Insurance Fund (26) P. R. No. 14362 - A Resolution Authorizing The City Of Port Arthur To Support A Comprehensive Selective Traffic Enforcement Grant (S.T.E.P.) In The Amount Of $50,078.20 With A Cash Match By The City Of Port Arthur In The Amount Of $6,347.50 (Account No. 001-1101-521.92-00) (27) P. R. No. 14363 - A Resolution Authorizing Submitting An Application To The Economic Development Administration For A Grant For Water System Improvements (28) P. R. No. 14364 - A Resolution Authorizing A License For The Construction Of A Recreational Vehicle Park On 6.8 Acres Of Land On North Side Of Pleasure Island Blvd. Between The Wave Barrier And The Sabine Neches Channel (29) P. R. No. 14365 - A Resolution Approving Teaching, Assessment, And Class Monitor Contracts As It Pertains To The Community Prosecution Program (30) P.R. No. 14370 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts AGENDA SEPTEMBER 11,2007 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P. R. No. 14283 - A Resolution Authorizing A Contract With Germer Gertz For Legal Services As The Primary Attorney For The City Of Port Arthur Section 4a Economic Development Corporation (2) P. R. No. 14355 - A Resolution Awarding A Contract To K. H. Dugas Construction & Demolition In The Amount Of $14,900.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group G), To Be Charged To Account No. 132- 1021-514.59-00; Project No. SSBG03, Structures Ineligible For The Grant Will Be Charged To Other Available Funding Sources (3) P. R. No. 14367 - A Resolution Authorizing The Purchasing Division To Advertise For The Sale Of Lots 1-7, Block 462 Owned By The City of Port Arthur (Requested By City Manager) (4) P. R. No. 14368 - A Resolution As It Pertains To Approving A Purchase Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Embree Asset Group, Inc. (5) P. R. No. 14369 - A Resolution Authorizing The Execution Of An Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And The City Of Port Arthur As It Pertains To Administrative Charges For The Fiscal Year October 1, 2007 Through September 30, 2008 B. Ordinances (1) P. O. No. 5787 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2006 And Ending September 30, 2007 As To Fund Additional Expenses For The Police Department, Solid Waste Fund And Municipal Court Technology Fund (2) P. O. No. 5788 - An Ordinance Authorizing The City Manager To Do All Things Necessary To Execute Settlement Of A Claim In The Amount Of $8,174.17 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Vehicle #1530 (3) P. O. No. 5789 - An Ordinance Authorizing A Special Warranty Deed Of Property To Southeast Texas Interfaith Organization AGENDA SEPTEMBER 11,2007 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (4) P. O. No. 5790 - An Ordinance Amending Chapter 98 (Subdivisions) Of The Code Of Ordinances, City Of Port Arthur To Provide Requirements For Underground Electric, Construction Inspection And Installation Of Street And Traffic Signs, Punishable As Provided In Section 1-13 Of The Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date (5) P. O. No. 5791 - An Ordinance Allowing For, In Certain Situations Outlined Herein, The Parking, Use And Occupancy Of Recreational Vehicles As Temporary Living Quarters On Residential Property During The Period Of Repair And Reconstruction Of Damage To Property Caused By Hurricane Rita; 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 (6) P. O. No. 5792 - An Ordinance Authorizing The Sale Of The Land Located At 4444 Highland Drive, Port Arthur, Texas, .235 Acres (Lot 10, Block 40, Griffin Park) Excluding The Lift Station And The 8 Feet By 93.77 Feet Parcel In The Amount Of $3,600 To Sanchez Remodeling Of Port Arthur, Texas C. *Reports And Recommendations (1) Report On Westside Development (2) Report On Weedy Lots (3) Updated Report On Demolition *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 REPORTS OF BOARDS & COMMI~-rEES None AGENDA SEPTEMBER 11, 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 Meetin~l: (1) (2) (3) (4) (5) (6) (7) (8) (9) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And Industrial Business Prospects Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As It Pertains To Port Iron And KCS Section 551.072 Government Code - To Discuss The Value Of Land At 3510 Lake Arthur Drive Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As It Pertains To Overdue Water Bills Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation As It Pertains To City Vs Entergy Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As It Pertains To TCEQ Section 551.074 Government Code - To Discuss The Appointment And Evaluation Of Municipal Court Judge Morrison Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As To Candidate Issues Section 552.074 Government Code ~ Discuss With The City Attorney His Duties And Responsibilities As It Pertains To The Port Arthur Section 4A Economic Development Corporation *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 ]o RULES OF DECORUM - PERSONS ADDRESSTNG COUNCIL & AUDtrENCE MEMBERS 5. 6. 7. 8. Recognition by Presiding OffTcer. 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 Counci?, 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 I~lotion ~lade 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 sFc==hes 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 tiso 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. Pet~ons 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. 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 Reouestina To Be Heard On Aoenda Item; (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 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.