HomeMy WebLinkAbout09.18.12 POST AGENDA REPORTPOST AGENDA REPORT
City Council Meeting
City Hall Council Chamber
City Of Port Arthur
SEPTEMBER 18, 2012
8:30AM
PLEASE TURNOFF OR MUTEALL CELL PHONES
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 21, 2012 - Special Executive Meeting - APPROVED
(2) August 21, 2012 - Regular Meeting - APPROVED
III. PETITIONS & COMMUNICATIONS
A. Speakers - None
B. Presentations
(1) Parks, Recreation, And Open Space Master Plan Update
(2) Report On The Tax Increment Financing By Attorney David Belvin
C. Correspondence - None
AGENDA
SEPTEMBER 18, 2012
IV. PUBLIC HEARINGS - 9:00 AM
(1) A Public Hearing To Consider A Specific Use Permit 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, Highland Heights, (A.K.A. 7012
Melody Drive) Z12 -06 (SUP #215) - Applicant Manuel & Felipe
Cavazos
(2) A Public Hearing To Consider Whether Or Not To Issue A Permit
To Williams Field Services - Gulf Coast Company, L.P. For The
Installation Of A 16" Liquid Ethane Pipeline Within The Corporate
Limits Of The City Of Port Arthur
V. UNFINISHED BUSINESS
The Following Items Of Business Were Held From The Previous Meeting
At Which No Action Was Taken On These Items:
Resolution
(1) 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
Motion: DF Second: KT
Motion: DF Second: KT AMENDED
Voting Yes: 7 Voting No: 0 W /O: RS & RW
APPROVED AS AMENDED
Resolution No: 12 -436
(2) P.F. No. 17250 - 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 2012 - 2013 Fiscal Year. Funding By General Liability
Insurance Fund 612- 1702 - 581.52 -00
Motion: KT Second: DF
Voting Yes: 7 Voting No: 0 W /O: RS & RW
APPROVED
Resolution No: 12 -437
AGENDA
SEPTEMBER 18, 2012
Ordinance
(1) P.O. No. 6261 -An Appropriation Ordinance Adopting A Budget For
The Ensuing Fiscal Year Beginning October 1, 2012 And Ending
September 30, 2013, In Accordance With Section 7, Article XII Of
The Charter Of The City Of Port Arthur
Motion: KT Second: WL
Motion: KT Second: WL AMENDED
Motion: MA Second: HD AMENDED
Motion: MA Second: HD AMENDED
Voting Yes: 7 Voting No: 0 W /O: RS & RW
APPROVED AS AMENDED
Ordinance No: 12 -57
(2) P.O. No. 6262 - An Appropriation Ordinance Approving And
Adopting A Budget For The City Of Port Arthur Section 4A
Economic Development Corporation For The Ensuing Fiscal Year
Beginning October 1, 2012 And Ending September 30, 2013 In
Accordance With Section 12.03 Of The Bylaws Of The Corporation
Motion: MA Second: DH
Voting Yes: 7 Voting No: 0 W /O: RS & RW
APPROVED
Ordinance No: 12 -58
(3) P.O. No. 6265 - An Ordinance As It Pertains To Salaries And Car
Allowances For The Mayor, The Mayor Pro Tern And City
Councilmembers
Motion: MA Second: DF
Voting Yes: 7 Voting No: 0
REMOVED FROM AGENDA
VI. 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
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.
AGENDA
SEPTEMBER 18, 2012
VI. CONSENT AGENDA - CONTINUED
Motion: DF Second: KT
Voting Yes: 7 Voting No: 0 W /O: RS & RW
APPROVED
(A) Consideration And Approval Of Payment To H. D. Supply,
Beaumont, Texas In The Amount Of $6,196.44 For Repairs To A
CL -2 Tapping Machine For The Utility Operations Water Distribution
Division - APPROVED
(B) Consideration And Approval Of Payment To APAC Texas,
Beaumont In The Amount Of $6,515.27 For Road Building
Materials For The Public Works Landfill- APPROVED
(C) Consideration And Approval Of Payment To Redwine Enterprises,
Inc., Nederland, Texas In The Amount Of $40,056 For Providing
And Hauling Soils For The Public Works Landfill Divisions -
APPROVED
Resolutions - Consent
(1) P.R. No. 17233 - A Resolution Ratifying And Confirming The
Amendment To The Bylaws Of The Beautification Commission
Resolution No: 12 -438
(2) P.R. No. 17259 - A Resolution Authorizing The City Manager To
Execute A Contract Between The Port Arthur - Pop Warner Football
League Gulf Coast And The City Of Port Arthur For The Use Of City
Junior League Football Field At SSGT. Lucian Adams Park From
September 18, 2012 Through December 31, 2012
Resolution No: 12 -439
(3) P.R. No. 17260 - A Resolution Authorizing The City Manager To
Execute A Contract For Professional/Technical Services Between
The City Of Port Arthur And Carroll & Blackman, Inc. For Certain
Professional Engineering Services Related To The Texas Pollutant
Discharge Elimination System Phase II Storm Water Discharge
Permit In The Amount Of $15,508. Account No. 001 -1204-
531.59.01
Resolution No: 12 -440
AGENDA
SEPTEMBER 18, 2012
VI. CONSENT AGENDA - CONTINUED
(4) P.R. No. 17266 - A Resolution Awarding A Contract To Lark Group,
Inc. In The Amount Of $16,700, 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. 105 -1431-
552.59-00 Project No. C36120
Resolution No: 12 -441
(5) P.R. No. 17267 - A Resolution Awarding A Contract To Lark Group,
Inc. In The Amount Of $18,800, 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. 105 -1431-
552.59-00 Project No. C36120
Resolution No: 12 -442
(6) P.R. No. 17268 - A Resolution Awarding A Contract To Destruction
Construction, Inc. In The Amount Of $13,000, And Authorizing The
Execution Of A Contract For The Demolition Of Six (6) Dangerous
Residential Properties (Group A), To Be Charged To Account No.
105- 1431 - 552.59 -00 Project No. C36120
Resolution No: 12 -443
(7) P.R. No. 17269 - A Resolution Awarding A Contract To Destruction
Construction, Inc. In The Amount Of $13,000, And Authorizing The
Execution Of A Contract For The Demolition Of Six (6) Dangerous
Residential Properties (Group B), To Be Charged To Account No.
105- 1431 - 552.59 -00 Project No. C36120
Resolution No: 12 -444
(8) P.R. No. 17270 - A Resolution Awarding A Contract To Destruction
Construction, Inc. In The Amount Of $13,200, And Authorizing The
Execution Of A Contract For The Demolition Of Six (6) Dangerous
Residential Properties (Group C), To Be Charged To Account No,.
105 - 1431 - 552.59 -00 Project No. C36120
Resolution No: 12 -445
AGENDA
SEPTEMBER 18, 2012
VI. CONSENT AGENDA - CONTINUED
(9) P.R. No. 17273 - A Resolution Authorizing The 2011 -2012 Annual
Contribution To The Retiree Health Insurance Trust Fund As
Established Through The ICMA Retirement Corporation's
Vantagecare RHS Employer Investment Program (EIP) In The
Amount Of $600,000; Account Number 614 - 1701 - 583.21 -00
Resolution No: 12 -446
(10) P.R. No. 17274 - A Resolution Authorizing The Renewal Of The
Contract Between The City Of Port Arthur And Swagit Productions
LLC, For The Provision Of On- Demand Streaming Video Of City
Council Meetings In The Not To Exceed Amount Of $4,500.
Account 001 - 1034 - 515.54 -00
Resolution No: 12 -447
(11) P.R. No. 17275 - A Resolution Authorizing The City Manager To
Execute Amendment No. 3 To The Neighborhood Stabilization
Program, (NSP) Contract Number 77090000154 Between Texas
Department Of Housing And Community Affairs
Resolution No: 12 -448
(12) P.R. No. 17277 - A Resolution Authorizing Change Order No. 1 To
The Contract Between The City Of Port Arthur Section 4A
Economic Development Corporation And Excavators &
Constructors, Ltd For The Construction Of Sanitary Sewer, Paving
And Drainage Facilities For Kerry "Twin" Thomas Drive To Serve
The Spur 93 Business Park, Contract No. 1 (Job No. EDC - 170)
Resolution No: 12 -449
(13) P.R. No. 17278 - A Resolution Approving The Allocation Of
Uncommitted Section 4B Ballot Proposition Funds For
Infrastructure Improvement Costs For The Procter Street
Infrastructure Rehabilitation Project
Resolution No: 12 -450
AGENDA
SEPTEMBER 18, 2012
VI. CONSENT AGENDA - CONTINUED
(14) P.R. No. 17279 - A Resolution Approving An Amendment To The
Performance Milestones Of The Economic Development
Conditional Grant Agreement Between The City Of Port Arthur
Section 4A Economic Development Corporation And PA69 L.P.
Resolution No: 12 -451
(15) P.R. No. 17281 - A Resolution Approving The Renewal Of A
Contract For Legal Service With Germer Gertz, L.L.P. By The City
Of Port Arthur Section 4A Economic Development Corporation
Resolution No: 12 -452
(16) P.R. No. 17282 - A Resolution Approving A One Year Technical
Assistance Agreement Between The City Of Port Arthur, Texas,
The City Of Port Arthur Section 4A Economic Development
Corporation In The Amount Of $72,000
Resolution No: 12 -453
(17) P.R. No. 17284 - A Resolution Approving A Memorandum Of
Understanding Between The City Of Port Arthur And The Port
Arthur Independent School District For The Nurse Family
Partnership Program
Resolution No: 12 -454
(18) P.R. No. 17285 - A Resolution Authorizing The City Manager To Do
All Things Necessary To Execute The Settlement Of A Claim In The
Amount Of $12,435.00 Made Against Texas Municipal League
Intergovernmental Risk Pool (TML) As A Result Of The Property
Damage To City Landfill Trash Compactor Unit #1636
Resolution No: 12 -455
(19) P.R. No. 17286 -A Resolution Authorizing Increasing The Contract
Between The City Of Port Arthur And Redwine Enterprises, Inc. By
$170,000 To A Total Amount Of $820,000 For Providing And
Hauling Of Soils And Extending The Time Period To October 31,
2012. Funding Is Available In Account No. 403 - 1274 - 533.59 -02
Resolution No: 12 -456
AGENDA
SEPTEMBER 18, 2012
VI. CONSENT AGENDA - CONTINUED
(20) P.R. No. 17287 - A Resolution Authorizing The Renewal Of The
Application Services Provider Agreement With Sungard Public
Sector, Inc. In A Not To Exceed Amount Of $163,716.00 For The
2012 - 2013 Fiscal Year. Account 001- 1034 - 515 -54.00
Resolution No: 12 -457
(21) P.R. No. 17289 - A Resolution Authorizing An Additional Three
Month Extension Of An Existing Contract With Triangle Waste
Solutions For The Purpose Of Furnishing Chemical Toilets To Be
Placed At Various Events In An Amount Not To Exceed $4,000;
Funding Available In Account No. 001 - 1402 - 551.51 -00
Resolution No: 12 -458
(22) P.R. No. 17290 - A Resolution Affirming The Investment Policies Of
The City Of Port Arthur For The 2012 -2013 Fiscal Year
Resolution No: 12 -459
(23) P.R. No. 17291- A Resolution Approving Water And Sewer
Adjustment To Certain Utility Accounts
Resolution No: 12 -460
(24) P.R. No. 17292 - A Resolution Cancelling A Request For
Qualifications For A Civil Engineering Firm For Design Of The
Infrastructure Improvements For The Procter Street Master Plan -
Business District
Resolution No: 12 -461
(25) P.R. No. 17293 - A Resolution Authorizing A Contract Between The
City Of Port Arthur And Guardian Force Security Of Nederland,
Texas For A Security And Camera System At The Armory Building
Premises Located At 3451 57 Street In The Not To Exceed
Amount Of $22,430. Account 306 - 1606 - 591.59 -00
Resolution No: 12 -462
AGENDA
SEPTEMBER 18, 2012
VI. CONSENT AGENDA - CONTINUED
(26) P.R. No. 17294 - A Resolution Authorizing The City Manager To
Execute An Agreement With SCS Engineers Of Bedford, Texas For
Engineering Services Associated With Preparing And Submitting A
U.S. Army Corps Of Engineers Nationwide Permit 27 For The City
Landfill For A Not To Exceed Amount Of $8,900. Account 403-
1274- 533.54 -00
Resolution No: 12 -463
(27) P.R. No. 17296 - A Resolution Authorizing The Execution Of
Contracts For Road Building Materials With Knife River
Corporation, Martin Marietta Materials, Transit Mix Concrete &
Materials Co., APAC- Texas, Redwine Enterprises Inc., Mid County
Materials & Construction, And Vulcan Construction Materials LP Of
San Antonio, Texas For An Amount Not To Exceed $1,500,000.
Various Departmental Accounts
Resolution No: 12 -464
(28) P.R. No. 17297 - A Resolution Authorizing The Execution Of
Contracts For Petroleum, Oil, And Lubricants With Derrick Oil Co.,
Tri -Con Inc., Apache Oil Co., LP, Spidle & Spidle Inc., And
Universal Lubricants, LLC. For An Amount Not To Exceed
$100,000. Various Departmental Accounts
Resolution No: 12 -465
(29) P.R. No. 17298 - A Resolution Authorizing The 3 Year (2nd
Renewal) For The Contracts Between The City Of Port Arthur, Knife
River Corp. And Transit Mix Concrete & Materials Co. For Concrete
Building Materials For A Not To Exceed Amount Of $500,000.
Account No. 001 - 1203 - 531.36 -00 And 001 - 1203 - 531.86 -00
Resolution No: 12 -466
(30) P.R. No. 17299 - A Resolution Calling For The First Meeting Of The
Council Appointed City Charter Change Committee (Requested By
Councilmember Thomas)
Resolution No: 12 -467
AGENDA
SEPTEMBER 18, 2012
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT
A. Resolutions
(1) P.R. No. 17301 - A Resolution Authorizing The City Of Port Arthur
To Begin The Process Of Requesting The Release Of Funds For
Completing An Environmental Review Process On Behalf Of The
Port Arthur Housing Authority
Motion: DF Second: KT
Voting Yes: 7 Voting No: 0 W /O: RS & RW
APPROVED
Resolution No: 12 -468
B. Ordinances
(1) P.O. No. 6258 - An Ordinance Confirming The Closing, Vacating
And Abandoning Of All Or Part Of The Rights -Of -Way Of 8 th 10 th ,
11 13 And 15 Streets Between Austin Ave. And Fort Worth
Ave. In The City Of Port Arthur, Jefferson County, Texas And
Providing The Effective Date Of This Ordinance
Motion: KT Second: DF
Voting Yes: 7 Voting No: 0 W /O: RS & RW
APPROVED
Ordinance No: 12 -59
(2) P.O. No. 6263 - An Ordinance Adopting A Tax Rate For The Tax
Year 2012 (Fiscal Year October 1, 2012 - September 30, 2013)
Motion: KT Second: DF
Voting Yes: 7 Voting No: 0 W /O: RS & RW
APPROVED
Ordinance No: 12 -60
(3) P.O. No. 6264 - An Ordinance Approving The 2012 Tax Roll For
The Use And Support Of The Municipal Government Of The City Of
Port Arthur; And Providing For The Interest And Sinking Fund And
Apportioning Each Levy For A Specific Purpose
Motion: KT Second: DF
Voting Yes: 7 Voting No: 0 W /O: RS & RW
APPROVED
Ordinance No: 12 -61
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AGENDA
SEPTEMBER 18, 2012
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED
(4) P.O. 6268 - An Ordinance Authorizing The Sale Of Surplus
Furniture /Minor Equipment, Vehicles, Equipment, Or Heavy
Equipment By A Public Online Auction Through Rene Bates
Auctioneers, Inc.
Motion: KT Second: DF
Voting Yes: 7 Voting No: 0 W /O: RS & RW
APPROVED
Ordinance No: 12 -62
(5) P.O. No. 6270 - An Ordinance Authorizing The City Manager To Do
All Things Necessary To Execute Settlement Of A Property
Damage Claim In The Amount Of $17,275.00 Made Against Texas
Municipal League Intergovernmental Risk Pool (TML) As A Result
Of The Property Damage To City Building Inspections Vehicle
#1756
Motion: KT Second: DF
Voting Yes: 7 Voting No: 0 W /O: RS & RW
APPROVED
Ordinance No: 12 -63
C. Reports And Recommendations - None
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
it
AGENDA
SEPTEMBER 18, 2012
IX. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED
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 Meeting
(1) Section 551.074 Government Code - To Discuss The Duties And
Responsibilities Of The City Of Port Arthur Section 4A Economic
Development Corporation Chief Executive Officer
(2) Section 551.072 Government Code - To Discuss The Value Of The
Land At 3300 Memorial Blvd., Port Arthur, Texas
(3) Section 551.071 Government Code - To Discuss With The City
Attorney Pending Litigation As It Pertains To City Vs. Ford
(4) Section 551.071 Government Code - To Discuss With The City
Attorney Potential Litigation As It Pertains To Liens And Funds
Owed To The City
*The Items In Executive Session May Be Discussed And Acted On In
Open Session
X. 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 September 19, 2012.
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
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