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Home My WebLink About08.21.12 POST AGENDA REPORTPOST AGENDA REPORT City Council Meeting City Hall Council Chamber City Of Port Arthur AUGUST 21, 2012 8:30AM PLEASE TURN OFF OR MUTEALL CELL PHONES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince _ Mayor Pro Tern Lewis, Jr. _ Councilmember Scott, Jr. Councilmember Segler _ Councilmember Albright, III _ Councilmember Doucet, Sr. _ Councilmember Williamson _ Councilmember Freeman _ Councilmember Thomas City Manager Johnson _ City Secretary Bellard _ City Attorney Tizeno _ Sergeant At Arms: Police Chief Blanton Or Designee II. PROCLAMATIONS & MINUTES Proclamations Minutes (1) August 7, 2012 - Special Meeting - APPROVED (2) August 7, 2012 - Special Executive Meeting - APPROVED (3) August 7, 2012 - Regular Meeting - APPROVED (4) August 14, 2012 - Special Meeting - APPROVED III. PETITIONS & COMMUNICATIONS A. Speakers (1) Ben Jackson Regarding Disposals Of Tires And Mosquito Issue (2) Anthony McDaniel Regarding Citizen Awareness And Public Access (3) Reverend Harvey McGruder Regarding The Breeze Radio New Location (4) Trena Arceneaux Regarding KSAP (The Breeze) Building Request AGENDA AUGUST 1:1, 2012 III. PETITIONS & COMMUNICATIONS - CONTINUED (5) Georgiana Thomas Regarding The Breeze Radio Station Request To Use the Old Fire Station (6) Mylissa Denton Regarding The Breeze Radio Station (7) Stephen A. Mosley Regarding Truth & Education Corp. "The Breeze" Radio (8) Eddie Brown Regarding The Breeze Radio Station (9) Anthony Joseph Regarding The Breeze Radio Station (10) Robert Troy Regarding Radio Station KSAP's Move To Fire Station (11) Jack Chatman The Breeze Radio Station (12) Tom Gillam III Regarding The Breeze Radio Station B. Presentations Presentation Of The 2011 Employee Service Awards C. Correspondence (1) Letter Of Support For The Breeze Radio Station From Jimmie Whitley (2) Letter Of Support For The Breeze Radio Station From Pastor James Prescott (3) Letter Of Support For The Breeze Radio Station From Ysuia Allen - Goudeaux (4) Letter Of Support For The Breeze Radio Station From Small Business Development Center Director Linda Tait (5) Letter Of Support For The Breeze Radio Station From Tisha Armstead (6) Letter Of Support For The Breeze Radio Station From John Beard, Jr. IV. PUBLIC HEARINGS - 9:00 AM - None V. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: None. 2 AGENDA AUGUST 21, 2012 VI. CONSENT AGENDA NO 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. Motion: RW Second: KT Voting Yes: 9 Voting No: 0 APPROVED (A) Expense Reports - APPROVED Mayor Deloris "Bobbie" Prince: Use Of Personal Auto For City Business August 14 -15, 2012 $ 79.90 Councilmember Harold L. Doucet, Sr. Use Of Personal Auto For City Business May 3, 2012 - July 26, 2012 $ 265.85 City Secretary Sherri Bellard: Attend TMCCP Seminar in Amarillo, TX August 7- 11, 2012 $1,540.96 Resolutions - Consent (1) P.R. No. 17164 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Contract For Landscaping And Irrigation Maintenance At The Spur 93 Business Park With Affordable Lawn & Tractor Service Of Port Arthur, Tx In The Amount Of $33,999.96 PULLED FOR INDIVIDUAL ACTION Motion: KT Second: DF Voting Yes: 9 Voting No: 0 Approved Resolution No.: 12 -399 AGENDA AUGUST 21, 2012 VI. CONSENT AGENDA - CONTINUED (2) P.R. No. 17185 - A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion From Donald R. King, P.E. Of Fittz & Shipman, Inc., The Contractor's Certificate And Release And The Contractor's Certificate Of Guarantee, Both From Construction Supervisors, Inc. For The Completion Of Public Water System Improvements To Serve The HEB Mid - County Expansion Development On FM 365 And Twin City Highway, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas Resolution No: 12 -387 (3) P.R. No. 17204 - A Resolution Awarding A Contract To The Lowest Responsible Bidder And Authorizing The Execution Of The Contract For Janitorial Services To "Just For Us" Of Beaumont, Texas For The Parks And Recreation Department In The Amount Of $21,300.00 For An Initial One (1) Year Period With An Option To Renew For One (1) Additional Year At The Original Bid Amount. Account No. 001 - 1402 - 551.32 -00 PULLED FOR INDIVIDUAL ACTION Motion: HD Second: RW Voting Yes: 9 Voting No: 0 Approved Resolution No.: 12 -400 (4) P.R. No. 17209 - A Resolution Authorizing The Payment To Computer Information Systems, Inc. For The Annual License Renewal Fee For Maintenance On The Police And Fire Department's CAD, RMS, And MCS /AVL Server In The Amount Of $22,600; Funding Available In Account No. 001 -1101- 521.72 -00 Resolution No: 12 -388 (5) P.R. No. 17211 - A Resolution Authorizing The City Manager To Enter Into A Professional Services Contract With J.S. Edwards & Sherlock Insurance Agency For Employee Health Insurance And Benefits Consulting Services At A Cost Of $2,075 Per Month ($24,900 Annually) Effective 11/01/2012 Fund No. (S): 614 - Health Insurance Fund Resolution No: 12 -389 4 AGENDA AUGUST 21, 2012 VI. CONSENT AGENDA - CONTINUED (6) P.R. No. 17215 - A Resolution Calling For A Public Hearing To Consider Granting Specific Use Permit 215 (SUP #215) For Manuel & Felipe Cavazos To Allow For A Horse Stable On 8.821 Acres Of Land Consisting Of Lot 6, Block 4, Range "B ", Tract 1 And Lot 3, Block 5, Range "B ", Tract 2, Port Arthur Land Company Subdivision (A.K.A. 7012 Melody Drive), Port Arthur, Jefferson County, Texas Z12 -06 (SUP #215) Resolution No: 12 -390 (7) P.R. No. 17216 - A Resolution Authorizing The City Manager To Enter Into Negotiations With Negrete & Kolar Architects, LLP. Of Austin, Texas, For Engineering, Design, And Oversight In The Construction Of The Auto Bus Wash Facility. Funding Allocated Through Grant No. TX -96 -X042 And Will Be Available In Account No. 401 -1510- 561.54 -00 PULLED FOR INDIVIDUAL ACTION Motion: KT Second: HD -To Adopt Motion: MA Second: HD-To Tabled Voting Yes: 9 Voting No: 0 TABLED (8) P.R. No. 17217 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts Resolution No: 12 -391 (9) P.R. No. 17220 - A Resolution Authorizing A Contract Between The City Of Port Arthur And Guardian Force Security Services Of Nederland, Texas For Fire Alarm Work At The Armory Building Located At 3451 57 Street In The Not To Exceed Amount Of $11,488. Account 306 - 1606- 591.59 -00 PULLED FOR INDIVIDUAL ACTION Motion: WL Second: HD Voting Yes: 7 Voting No: 0 W/O LS & RW Approved Resolution No.: 12 -406 AGENDA AUGUST 21, 2012 VI. CONSENT AGENDA - CONTINUED (10) P.R. No. 17221 - A Resolution Authorizing The City Manager To Enter Into A Letter Agreement For $15,274 With Lamar University For The Taping Of Governmental Meetings PULLED FOR INDIVIDUAL ACTION Motion: DF Second: HD -To Adopt Motion: DF Second: HD - To Tabled Voting Yes: 9 Voting No: 0 TABLED (11) P.R. No. 17222 - A Resolution Authorizing The Execution Of An Alliance Memorandum Of Understanding With University Of Phoenix, Inc. Resolution No: 12 -386 (12) P.R. No. 17223 - A Resolution Authorizing The Purchase Of An Air Operator For The Large Tapping Machine For The Utility Operations Department From Act Pipe & Supply Of Beaumont, Texas, In The Total Amount Of $6,132.00. Funds Are Available In Account No. 410 - 1253 - 532.92 -00 Resolution No: 12 -392 (13) P.R. No. 17224 - A Resolution Authorizing A One (1) Year Renewal Of The Contract Between The City Of Port Arthur And Lofton Staffing Services Of Beaumont, Texas, For Temporary Staffing At The Robert A. "Bob" Bowers Civic Center In An Amount Not To Exceed $10,000; Funding Available In Account No. 001 -1061- 518.14 -00 PULLED FOR INDIVIDUAL ACTION Motion: RW Second: HD Voting Yes: 9 Voting No: 0 Approved Resolution No.: 12 -401 AGENDA AUGUST 2.1, 2012 VI. C014SENT AGENDA - CONTINUED (14) P.R. No. 17225 - A Resolution Authorizing The City Manager To Do All Things Necessary To Execute The Settlement Of A Claim In The Amount Of $9,515.73 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Automated Garbage Truck Unit #1747 Resolution No: 12 -393 (15) P.R. No. 17226 - A Resolution Authorizing The Purchase Of A Hand -Held GIS Mapping System For The Utility Operations Department From Western Data Systems, Of Houston, TX, Through DIR Contract, In The Total Amount Of $14,411.54. Funds Are Available In Account No. 410 - 1253 - 532.92 -00 Resolution No: 12 -394 (16) P.R. No. 17229 - A Resolution Authorizing A Renewal To The Agreement For Independent Professional Services Between The City Of Port Arthur And Lloyd R. Haggard For Consultation Services For The City's Laboratory, Account Numbers 001 - 1301 - 541.54 -00 And 001 - 1301- 541.13 -00 Resolution No: 12 -395 (17) P.R. No. 17232 - A Resolution To Approve The FY 2012 -2013 Contract Between The City Of Port Arthur And The Texas Department Of State Health Services For Primary Health Care Grant Funds In The Amount Of $100,000 Resolution No: 12 -396 (18) P.R. No. 17234 - A Resolution Authorizing The Purchase Of A 2012 Dodge 3500 Crew Cab Truck For The Transit Department From Dallas Dodge Of Dallas, Texas, In The Amount Of $48,788; Funding Available In Account No. 401 - 1509 - 561.93 -00, TX -90- X859 Resolution No: 12 -397 AGENDA AUGUST 21, 2012 VI. CONSENT AGENDA - CONTINUED (19) P.R. No. 17235 - A Resolution Nominating Premcor Refining Group Inc. To The Office Of The Governor Economic Development And Tourism (OOGEDT) Through The Economic Development Bank For Designation As A Qualified Business And Triple Jumbo Enterprise Project Under The Texas Enterprise Zone Program Under The Texas Enterprise Zone Act, Chapter 2303, Texas Government Code PULLED FOR INDIVIDUAL ACTION Motion: DF Second: RW Voting Yes: 7 Voting No: 0 W/O WL & KT Approved Resolution No.: 12 -385 (20) P.R. No. 17236 - A Resolution Confirming The Agreement Between The City Of Port Arthur And The Bojorquez Law Firm Resolution No: 12 -398 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions (1) P.R. No. 17167 - A Resolution Approving A Second Amendment To The Contract With URS Corporation For The Engineering Services For The Downtown Pavilion Under The Operation Downtown Site Improvement Grant Program Motion: KT Second: DF Voting Yes: 7 Voting No: 0 W/O LS & RW Approved Resolution No: 12 -402 (2) P.R. No. 17213 - A Resolution Approving An Economic Incentive Contract & Loan Agreement Between Coastal Industrial Services, Inc. An The City Of Port Arthur Section 4a Economic Development Corporation Motion: KT Second: HD Voting Yes: 7 Voting No: 0 W/O LS & RW Approved Resolution No: 12 -403 AGENDA AUGUST 21, 2012 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT -CONTINUED (3) P.R. No. 17218 - A Resolution Authorizing The City Manager To Enter Into An Agreement With Port Cities Rescue Mission Regarding The Demolition Of City -Owned Property Located 344 And 338 Procter Street Motion: HD Second: KT Voting Yes: 7 Voting No: 0 W/O LS & RW Approved Resolution No: 12 -404 (4) P.R. No. 17237 - A Resolution Extending The Lease Agreement With Big Truck Rental, LLC For Automated Garbage Trucks By Four (4) Weeks And Increasing The Amount By $15,000 To A New Total Of $81,400. Account No. 403 - 1272 - 533.51 -00 Motion: MA Second: KT Voting Yes: 7 Voting No: 0 W/O LS & RW Approved Resolution No: 12 -405 B. Ordinances (1) P.O. No. 6251 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Replacing The Existing Language Of Section 8 -106 (Off- Street Parking And Loading Regulations) Of Appendix A (Zoning Ordinance) Of The Port Arthur Code Of Ordinances, With The New Language More Specifically Addressing The Location Of Required Off - Street Parking Spaces And Avoiding Confusion With Locations Where Parking Is Prohibited As Specifically Described Elsewhere In The City's Code Of Ordinances (Violation Of This Ordinance And Of The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Sections 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 Motion: KT Second: DF Voting Yes: 7 Voting No: 0 W/O LS & RW Approved Ordinance No: 12 -50 9 AGENDA AUGUST 21, 2012 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT -CONTINUED (2) P.O. No. 6255 - An Appropriation Ordinance Amending The General Fund Budget For The Fiscal Year Beginning October 1, 2011 And Ending September 30, 2012 By $70,000 In Order To Fund Operating Expenditures In The City Secretary Department Motion: KT Second: DF Voting Yes: 8 Voting No: 0 W/O RW Approved Ordinance No: 12 -51 (3) P.O. No. 6256 - An Ordinance Amending Ordinance No. 12 -47 As It Pertains To Chapter 34, Article II, Sections 54 - 64 To The City Of Port Arthur Code Of Ordinances, To Include Regulations For The Proper Disposal Of Tires And The Registration Of Certain Tire Businesses And Tire Haulers Within The City Of Port Arthur; Providing For A Penalty Of $50 For Each Separate Offense; And Providing For Publication Thereof Motion: KT Second: RW Voting Yes: 9 Voting No: 0 Approved Ordinance No: 12 -49 (4) P.O. No. 6257 - An Ordinance Amending The Drug And Alcohol Policy Of The City Of Port Arthur Motion: KT Second: DF Voting Yes: 8 Voting No: 0 W/O RW Approved Ordinance No: 12 -52 (5) P.O. No. 6259 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2011 And Ending September 30, 2012 For The Solid Waste Fund By $539,200 To Fund Operating Costs In The Public Works Department Motion: KT Second: HD Voting Yes: 8 Voting No: 0 W/O RW Approved Ordinance No: 12 -53 10 AGENDA AUGUST 21, 2012 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT -CONTINUED (6) P.O. No. 6260 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2011 And Ending September 30, 2012 For The Water And Sewer Fund By $245,000 In Order To Fund Operating Costs In The Public Works Department Motion: KT Second: DF Voting Yes: 9 Voting No: 0 Approved Ordinance No: 12 -54 C. Reports And Recommendations (1) Discussion On Project Funding Agreement Between The City Of Port Arthur And The City Of Port Arthur Section 4A Economic Development Corporation (2) Discussion And Possible Action Regarding The Lease Of The Old Fire Station On 32 Street To The Truth And Education Corporation (Requested By Councilmember Doucet) VIII. REPORTS OF BOARDS & COMMITTEES- None 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 ll AGENDA AUGUST 21, 2012 IX. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED Closed Meeting (1) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And /Or Industrial Business Prospects (GP Industrial, Latrobe LLC, And Coastal Industrial Services) (2) Section 551.072 Government Code - To Discuss The Value Of The Land Along Reverend Dr. Ransom Howard Street (3) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To 7706 Highway 87, Bridge City, Orange County, Texas (4) Section 551.072 Government Code - To Discuss The Value Of The Land 13151 West Port Arthur Road, Port Arthur, Texas. *The Items In Executive Session May Be Discussed And Acted On In Open Session X. Discussion - Workshop To Discuss The Proposed 2012 - 2013 Budget 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 22, 2012. During The IRecess, 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 ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 12