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HomeMy WebLinkAbout5-18-10 REGULAR MEETINGDELORIS "BOBBIE" PRINCE, MAYOR ELIZABETH "LIZ" SEGLER, MAYOR PRO TEM COCNCIL MEMBERS: JACK CHATMAN, JR. MORRIS ALBRIGHT, III MARTIN FLOOD JOHN BEARD, JR. ROB>:;RT E. WILN.IAMSON D. KAY WISE THOMAS J. HENDERSON Ci AGENDA City Council Regular Meeting May 18, 2010 8:30 a.m. STEPHEN FITZGIBBONS CITY MANAGER TERRI HANKS CITY SECRETARY VALECIA R. TIZENO CITY ATTORNEY In compliance with the Americans With Disabilities Act, the City of Port Arthur will provide for reasonable accommodations for persons attending City Council meetings. 'I'o better serve you, requests should be received 24 hours prior to the meeting. Please contact the City Secretary's Office, at (409) 983-8115. City Council Meeting City Hall Council Chamber City Of Port Arthur May 18, 2010 8:30AM PLEASE TURN OFF OR MUTEALL CELL PHONES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Segler C;ouncilmiember Chatman C;ouncilrriemberRlbright III C;ouncilmiember Flood C;ouncilrriember Beard C;ouncilmiember Williamson C;ouncilrriember Wise C;ouncilrriember Henderson City Manager Fitzgibbons _ City Secretary Hanks _ City Attorney Tizeno _, Sergeant, At Arms: Police Chief Blanton Or Designee, II. ITEMS REQUESTING INDIVIDUAL ACTION A. Ordinance P. O. No. 6082 - An Ordinance Canvassing The Returns And DE~claring The Results Of A General Election Held On May 8, 2010 Fc-r The Purpose Of Electing The Mayor And Providing For A Joint Election With The Port Arthur Independent School District E3. RE~solution P. R. No. 15748 - A Resolution Documenting That Pursuant To The Arnendment Of Section 9 Of Article II Of The City Charter Approved At The May 2, 1992 City Election In The City Of Port Arthur, Texas, The District 3 Councilmember Shall Serve As Mayor Pro Tem And Shall Act As Mayor During The Absence Or Disability Of The Mayor Arid Shall Serve As Mayor Pro Tem Until The Next Regular Election 01` Councilmembers AGENDA MAY 18, 2010 III. ADMINISTRATION OF OATHS OF OFFICE .~3~ad IV. INVOCA"PION, PLEDGE ~ ROLL CALL Mayor Prince Mayor Pro Tem Albright III C;ouncilrr~ember Chatman C;ouncilmiember Segler C;ouncilmember Flood C;ouncilrriember Beard C;ouncilrriember Williamson C;ouncilrriember Wise _ C;ouncilrriember Henderson City Manager Fitzgibbons _ City Secretary Hanks _, City Attorney Tizeno _, Sergeant At Arms: Police Chief Blanton Or Designee, V. PROCLAMATIONS & MINUTES Proclamations Minutes -~ None VI. PETITIONS 8 COMMUNICATIONS A. Speakers (1) Thomasene Thomas And Annette Mitchell Regarding Upcoming Zachary Breaux Jazz Festival (2) Elaine Shellenberger Regarding Meals On Wheels (3) M,&I Electric/AETI To Introduce Business To Port Arthur AGENDA MAY 18, 2010 VI. PETITIONS & COMMUNICATIONS -CONTINUED E.. Presentations (1) Jerry Romero Regarding Acadian Ambulance Service (2) Billy Pruett, Department Of Commerce, Partnership Specialist, Yoshi Alexander, Ronald Burton, Dr. Albert Thigpen, Census Committee Regarding Update On The 2010 Census And The City Of Port Arthur Census Push Event - "Port Arthur Wins With A Complete Count In 2010" -May 22, 2010 (3) Dr. Thigpen Regarding Introduction Of 2010 Student Day In Government Participants (~~) Kriosro Godazi, Associate Director, Center For Transportation And RE~search, Texas Southern University, And Dr. Thigpen Regarding Presentation Of 2010 Port Arthur National Summer Transportation Institute ('5) Marvin Kebodeaux Regarding The Texas Artists Museum C. Correspondence None VII. PUBLIC HEARINGS - 9:00 AM To Consider A Zoning Change From Agricultural (A) To Light Commercial (LC) For Area Located On North Side Of State Highway 73 And West Of Highway 69 VIII. UNFINISHED BUSINESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: F'. R. ado. 15851 - A Resolution Authorizing A Memorandum Of Understanding With The Southeast Texas Plant Managers Forum, A Member Texas Nonprofit Corporation 3 AGENDA MAY 18, 2010 IX. CONSENT AGENDA 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 P. 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. P.. Consideration And Approval Of Payment To PEMSCO, Beaumont, T~; In The Estimated Amount Of $35,494 For Repairs To An Aeration Basin Screw Pump Located At The Main Wastewater Treatment Plant E.. Consideration And Approval Of Payment To A&B Environmental Services, Inc., Houston, TX In The Estimated Amount Of $6,250 Four Laboratory Services (Pretreatment Testing) For The Utility Operations Department (Wastewater Treatment Division) C;. Consideration And Approval Of Payment To AED Professionals/General Medical Devices, Inc., Palatine, IL In The Arnount Of $10,441 For The Purchase Of Eight (8) Public Access Automatic External Defibrillators For The Fire Department D. Consideration And Approval Of Payment To Safeware, Inc., Round Rock, T;X In The Amount Of $7,334 For The Purchase Of Two (2) MiniRae 3000 Air Monitors With One (1) Calibration Kit For The Fire Department E_. Consideration And Approval Of Payment To Mustang Cat Rental SE~rvices, Nederland, TX In The Amount Of $17,205 For The Rental Of' A Steelwheel Roller For The Streets Division F~. Consideration And Approval Of Payment To Loadmeter Corp., Forest Hill, MD In The Amount Of $17,580 For The Purchase Of Four (4;1 Truck Scales For The Police Department's Commercial VE~hicle Enforcement Unit AGENDA MAY 18, 2010 IX. CONSENT AGENDA -CONTINUED Ca. Consideration And Approval Of Payment To Kinloch Equipment And Supply„ Inc, Houston, TX In The Amount Of $5,620.72 For Repairs To A 1993 International Vactor Truck (Equipment #929) For The Public Works Department (Drainage Division) Resolutions -Consent (1) P. R. No. 15859 - A Resolution Approving Awarding A Bid By The City Of Port Arthur Section 4A Economic Development Corporation Toy Excavators & Constructors, Ltd. And Authorizing The Execution Of A Contract For Construction Of Water, Sanitary Sewer, Paving Arid Drainage To Serve The Port Arthur Business Park Phase II, Contract No.. 3 (A&G No. EDC-090) (2) P. R. Na. 15860 - A Resolution Approving The Technical Assistance Agreement Between The City Of Port Arthur, Texas, The City Of Port Arthur Section 4A Economic Development Corporation And National Development Council (3) P. R. No. 15865 - A Resolution Awarding Bids And Authorizing The Execution Of Three (3) Contracts To Lark Group, Inc., For The DE~molition And Site Clearance Of Three (3) Homes In The Amount Of $15,200, Account No. 105-1431-552.59-00, Project No. C32115 & C33115 (~4) P. R. No. 15867 - A Resolution Authorizing The City Manager To Execute Change Order 01 To The Contract Between The City Of Port Arthur And Long Architects, Inc/G&G Enterprises, Inc. For The Design And Construction Of The TPWD Funded Recreation Gymnasium/Multi-Purpose Center, Increasing The Contract Amount By $41,547.86 To A New Total Of $1,441,547.86. Account Number 00~ 1-1207-531.31-00 (5) P. R. No. 15869 - A Resolution Authorizing The Execution Of Change Order No. 2 To The Wastewater Treatment Plant Rehabilitation Project, Contract No. 5, Between The City Of Port Arthur And Allco, Inc., Of Beaumont, Texas, Increasing The Contract Amount By $371,763 And Contract Time By 65 Calendar Days. Account No. 404-1625-532.83-00, City Project No. 404WWT AGENDA MAY 18, 2010 IX. CONSENT AGENDA -CONTINUED (i3) P. R. No. 15870 - A Resolution Authorizing The City Manager To Execute A Compliance Agreement Between The City Of Port Arthur And The Texas Commission On Environmental Quality (7) P. R. No. 15873 - Change Order No. 1 Arthur And Allco, Ltd South Water System No. 1, EDA Projec 591.85-U0, Project N A Resolution Authorizing The Execution Of To The Contract Between The City Of Port . In The Amount Of $147,665 For The SH 87 Improvements Project No. CPA-420, Contract t No. 08-01-04221, Account No. 301-1601- 0. GO-803 (.g) P. R. No. 15874 - A Resolution Authorizing The City Manager To Execute An Agreement With W. & W. Construction Of Port Arthur, Texas For The Re-Roofing Of The Babe Zaharias Golf Course Club House Damaged By Hurricane Ike For The Amount Of $11,200; Fuinding Being Available In Account IKEBZ 121-2300-901.59-00 (9) P. R. No. 15875 - A Resolution Authorizing The City Manager To Execute An Agreement With Louis Johnson Remodeling & Roofing Of Port Arthur, Texas For The Field Restroom Repairs Of The Babe Zaharias Golf Course Damaged By Hurricane Ike For The Amount Of $8,500; Funding Being Available In Account IKEBZ 121-2300- 901.59-00 (10) P. R. No. 15876 - A Resolution Authorizing The City Manager To E~;tend The Debris Collection Contract With Huffman Construction. Fuinding Is Available In Account Number 403-1271-533.59-00 (11) P. R. No. 15877 - A Resolution Authorizing The Advertisement For Bids For The Sale Of The Sabine Hotel Located At 600 Procter Street (12) P. R. No. 15878 - A Resolution Authorizing The City Manager To E~;ecute A Contract With Dikita Engineering For The Design And Construction Management Of A Texas Parks And Wildlife Grant Project At SSGT Lucian Adams Park In The Amount Of $126,500 AGENDA MAY 18~, 2010 IX. CONSENT AGENDA -CONTINUED (13) P. R. No. 15879 - A Resolution Authorizing The Execution Of Change Order No. 1 To The Contract Between The City Of Port Arthur And Allco, Inc. In The Amount Of $275,476.50 For The Sanitary Sewer Rehabilitation By The Pipe Bursting And Sliplining Methods Project, Basins PA64C & PA66, Contract No. 6, Account No. 404-1625-532.83-00, Project No. 404PB6 (14) P. R. No. 15880 - A Resolution Authorizing The Execution Of Change Order No. 1 To The Contract Between The City Of Port Arthur And Simco Enterprises, Ltd. In The Amount Of $197,063.75 For The Sanitary Sewer Rehabilitation By The Pipe Bursting And Sliplining Methods Project, Basins LC73, LC709, & SE435, Contract No. 7, Account No. 404-1625-532.83-00, Project No. 40~4PB7 (15) P. R. No. 15881 - A Resolution Authorizing The Execution Of Change Order No. 1 To The Contract Between The City Of Port Arthur And Williamson Construction And Equipment In The Amount Of' $44,900 For The Hwy. 365 LS Force Main Project, Contract No. 2, CPA-490, Account No. 404-1625-532.83-00, Project No. 404365 (16) P. R. No. 15882 - A Resolution Authorizing The Execution Of Change Order No. 1 To The Contract Between The City Of Port Arthur And PM Construction & Rehab, LP In The Amount Of $345,384 For The Sanitary Sewer Rehabilitation By The Pipe Bursting And Sliplining Methods Project, Basins EV75, PR78, LV49, LV56, & N127, Contract No. 8, Account No. 404-1625-532.83-00, Project No. 404PB8 (17) P. R. No. 15883 - A Resolution Authorizing The Execution Of A Contract To Soutex Surveyors, Inc. For The Survey Of 60 Tracts Of Land For The Neighborhood Stabilization Program (NSP) In The Arnount $28,350, Account No. 129-1435-554.54-00, Project No. NSP 001 AGENDA MAY 18, 2010 IX. CONSENT AGENDA -CONTINUED (18) P. R. No. 15884 - A Resolution Authorizing A Contract Between The Cii:y Of Port Arthur And Advantage Staffing Of Beaumont, Texas For Temporary Staffing At The Robert A. "Bob" Bowers Civic Center (19) P. R. No. 15886 - A Resolution Authorizing The City Manager To Execute And The City Secretary To Attest To A Service Agreement Between Motorola, Inc., And The City Of Port Arthur In The Amount Of $1,166.15 Per Month, Or $13,993.80 Annually (:?0) P. R. No. 15888 - A Resolution Authorizing Acceptance Of An Adlvance Payment Of $583,906.49 For Hurricane Ike Related Windstorm Damages From The City's Windstorm Insurance Carrier (Mcgriff, Siebels & Wiliams) (;?1) P. R. No. 15889 - A Resolution Authorizing The Execution Of A Contract Between Port Arthur Housing Authority And The City Of Port Arthur In The Amount Of $850,000 For Site Preparation And NE~w Construction To Construct Eight (8) New Homes For Low To Moderate Income Persons/Families That Will Benefit Households At Or Below Fifty Percent (50%) Of The Area Median Income In The City Account 129-1435-554.59-00 Project NSP001 (22) P. R. No. 15890 - A Resolution Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of Eight (8) Stiructures For The Neighborhood Stabilization Program (NSP), Account No. 129-1435-552.54-00, Project No. NSP 001 (23) P. R. No. 15891 - A Resolution Awarding Bids And Authorizing The Ex:ecutic,n Of Three (3) Contracts To K. H. Dugas Construction And Demolition, Inc., For The Demolition Of (3) Homes In The Amount Of $5,655.00; Account No. 129-1435-554.59-00, Project No. NSP001 8 AGENDA MAY 18, 2010 IX. CONSENT AGENDA -CONTINUED (:?4) P. R. No. 15892 - A Resolution Authorizing The Execution Of A Pipeline Crossing Contract Between The City Of Port Arthur And Kansas City Southern Railway Company, A Missouri Corporation X. I"fEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT P.. Resolutions None B. Ordinances (1) P. O. No. 6080 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting A Zoning Change From Agricultural To Light Commercial For A 7.27 Acre Tract Out Of Lots 2 ~~ 7, Block. 8, Range J (Property Located North Of State Highway 73 And East Of Highway 69), A 19.78 Acre Tract Out Of Lots 3 & 6, Block 8, Range J. And A 20.68 Acre Tract Out Of Lot 1, Block 8, Range IL And Lots 1 Through 4, Block 8, Range K (Property Located North Of State Highway 73 And West Of Highway 69) Port Arthur Land Company Subdivision, City Of Port Arthur, Jefferson County, Texas (Violation Of This Ordinance And The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Suction 1-13 Of The Code Of Ordinances As Amended By A 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. (Z10-01 (DOORNBOS BROTHERS, L.P.) "A" AGRICULTURAL TO "LC" LIGHT COMMERCIAL (2) P.~O. Na. 6085 - An Ordinance Nominating BASF Corporation To The Office Of The Governor Economic Development And Tourism (O~OGEDT) Through The Economic Development Bank For Designation As A Qualified Business AGENDA MAY 18, 2010 X. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED C:. *Reports And Recommendations None *~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 XI. REPORTS OF BOARDS & COMMITTEES -None XII. *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 ~~ection 551.076 -Security Personnel Or Devices Section 551.087 -Deliberations Regarding Economic Development Incentives Closed Meeting: Section ~i51.087 Government Code - To Discuss The Value Of Land In Downtown Port Arthur *The Iterns In Executive Session May Be Discussed And Acted On In Open Session XIII. ADJOURNMENT OF MEETING to F~l1LE.S OF bECORtlM :. PERSONS aDDR~SSIl~G COI~IVCTL & ~tUC IENCE MEM8ER5 . 1. Rec»~ni6oe by Prm-dla9 oA7ax. No Presiding Oilier. Person shag'address the Coundl without hest 6etng ncogei=ed by the ~ ~ SPe~4 Prerc~edtfr~ Llmltayon on up ~o the mlcropfiona ~ussloe and questioning. Each person addf~lfq tiu Canadt• shall ste voice for the e~eeoFds, ~ ded far fire use of tfie pvbik and g(vr fits same and addnrs+f la an audible bone of oegaatatloe~ or otiffrr ~~~ ha wishes brzdeseuss,•s~ whonf•he ~ mPg iE hi Pdififl@i 1bQ ~~~~ ilfd aMess .~+rthec tittle ~k RP~:enta aft ~ {~ eelnnttm; Ap ~ 9rsated bl( ~ortty wbe oEtha Cot~nd4'shaA itn~it his thettiof. No peteson other thaw ~ a ~ ~ ~+ndl ss a lfelats aced lot bn any. member entrarhfbo~ ~ CatifcQ and the.pef:aur~I~g t~:lloae.,shall.lra perefdtta~.~ Oftloar. ~°~ a "of the t:outiail, wit6isii'ttfi~.P!ai.of the ~ ~p~r ~~~rn~rsw~ ~~, ~~ staodanae4 ~ Gaomaf~ d"r pefeo~ aeaitb~, .!~~ ru ~p~ ~~lO°d< ig ar a6as(ye Hfg,og,4 ~ saiere` ar Puna-t~anarfes f~c who eontiaae~, ~U: at !!w ~' °~~' °D"d"ct, the older 6ry- the tiAlaer, ad ~ s~ aof~lcdt ~ ~~ m* Meek f d the tee p~~ ba oedeaaf bamea eleoaor nutl~.r aaateftae i~(wti the 6atan dosed, ~ ~ °r'~ k'~j'al G'~bsed ,Alter a a~tallan law bem made or a hea P~ cityg ~ hasr ~~~~ moat ~ mC Per shad addne:s ym Caund .~ des audanoa fM1. tIM twattter under. E` ~Q~° ' °'°t~Ng~pe ~ ~Oow~ed m a~iddn~ gt~Cbf~ ma alr+erady oedee~ed oa a 6ailat ~ who has aanofaioed or does announce 6ts infierr~on t ~ 01°paegn 6, ~4 «' ~Sfce ~~ ~ Pefsoff to tlf!' audience shag engage la ~mP~g aE tee:lR Ong, using pfnfane la dlsof'dae(y coftduet srsefi as hand dapping, dishfr6r the n9f+ag4 yt4ing, aced sifitilar d which conduct 7. ~~~ peaces and goad older d the meeting. motlon pictsrr~e Gips °~~PP~~6f ~~'°~ L7mitatioffs on use of supplemental Ilghtlng fa'~~tete+eislon and and/ordisacam}~an'leras to a,eate tlee feast amount of lntefferrnea wide of des#ur6anee of Goundl peveeedings a. Persnas ff ~° AubQc ~9 Canp/il~~y M~~o~ or urges Agsiirsi' Indrtdd~/ any Complaint, spedflc allegation, or cirafge against an fndivlduai ~ Eaep/by~. Ho Pin shall make unless he;ttn~t shows yfat h~ Iras'putsffed appcoprsate a~mtnislxa~re~d~ar Pell, ~ a~ ~ a pu6lie meeting ENFOR~EMEMT +DF ~lEC~lRUl~1 Wirning. Aq persons shall at !ha reQuast of the Arrest Ra»oraL If, alter reeeiving a warning from the i~im 4 Ctilcar; he silent, t?fticer eeay ardcr him t4 rtmave hln+self tF+om the rneetln ~~' a ~~On persists in disfiurbing ~e aceeting, such older the Sergeant at0antes do remotes h1en. g' ~ he dace not reenave himself, tits Peesiding ty[Eieer maY. Pena! Coda 4Z 5.` ~ Ammon who ~ removal by the Sergeant-at arms shalt be charged eiritli violating Y T.t.~l, Kab'cuier To L'» /6raae, llny Coundlmeenbec may anotra ~ nquirrs tits Aresiding Otttcec to enforces this ~visioet, and the aftlrmative vote of a ma~ac+ity of the Couftdl ritall tequila hint tie da so. RlIL:ES OF ~ROCEi?I1RE Tha C1ty 3ecredry shalt make public in accordance with the Texas Open Meetings ~ Law, an agenda aantzaining cell business tp be discussed at a nfeeting of the ~( Counal. ~~ Re°eesNna ~'o ~ flea~n/ 1?n ,t3enda 1te• ~Q {S~ ~idenis. Any, resident who wishes to addrm the Council on any matter maX do so by. notll~ing the -C1ty Secretary 1n accordance afith the Taxes Open Meetings 'taw. (2j ilonr~esidents. ,tny nonresident-wishing td address the Cauacll shall notify the City Secretaty and spedty his interest in the matter being cansldered. The City Secretary shalt present such request to the Presiding Ctflcer.for ap+protrai bef~are placing the Warne ort the Agenda. Saeer'Re Aaenda tt ~*• Ater a matdon, second and discussion. by the City Caundl an any spadflc agenda Item, grad 'beforo ft vote.ls Eaken, the l+~residirtg Cfflcer ihali recognize any citlZen lee the audience yvishing to address~the coatnc9l on such- item, who shall be perfteitted to address the Coundt tlrenaon !or a period of these {3~ minutes. lSpeclflc Agenda Items" are deRaad as any item spb~y~ed on the Notdce of MQeting posted for purposes of the Taxes L3¢en iNeetings I.aw and which becomes the subject of a rtretion before the Zauncil.