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HomeMy WebLinkAbout12.11.12 POST AGENDA REPORT POST AGENDA REPORT City Council Meeting City Hall Council Chamber City Of Port Arthur December 11, 2012 8:30AM PLEASE TURN OFF OR MUTE ALL CELL PHONES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem 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 November 9, 2012 - Regular Meeting November 27, 2012 - Special Executive Meeting November 27, 2012 - Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers Daniel W. Williams Regarding Introduction As Entergy's New Customer Service Manager For Port Arthur B. Presentations AGENDA DECEMBER 11, 2012 III. PETITIONS & COMMUNICATIONS - CONTINUED C. Correspondence IV. PUBLIC HEARINGS - 9:00 a.m. (1) To Consider Whether To File An Application And Accept The Federal Transit Administration's Proposed Award For Operation And Capital For Fiscal 2012 -13 For The Port Arthur Transit (PAT) System (2) For The Purpose Of Receiving Public Comments On The Proposed Initiation Of Disannexation Proceedings For Approximately 340.35 Acres Located At 7706 Highway 87 South (3) To Consider Whether Or Not To Issue A Permit To PI Dock Facilities LLC Of San Antonio, Texas For The Installation Of A 36" Crude Oil 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 P.R. No. 17392 - A Resolution Authorizing The Purchase Of A Sanitary Sewer Pump For The Utility Operations Department From Pump & Power Equipment, Of Houston, Texas, In The Total Amount Of $6,950 + Freight. Funds Are Available In EDC Account No. 120 - 1429 - 582.59 -02 Motion: KT Second: DF Voting Yes: 4 Voting No: 4 W/O MA FAILED Motion to Table: HD Second: KT Voting Yes: 4 Voting No: 4 W/O MA FAILED 2 AGENDA DECEMBER 11, 2012 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. VI. CONSENT AGENDA - CONTINUED Motion: DF Second: KT Voting Yes: 8 Voting No: 0 W/O MA APPROVED (A) Consideration And Approval Of Payment To Grayson Armature, Orange, TX In The Amount Of $11,220.44 For Emergency Repairs To A High Service Pump Motor For The Utility Operations Department, Water Purification Division (B) Consideration And Approval Of Payment To Control Concepts, Houston, TX In The Amount Of $7,650 For Emergency Repairs To A Raw Water Variable Frequency Drive For The Utility Operations Department, Water Purification Division (C) Expense Reports: Mayor Deloris "Bobbie" Prince: Attend 100 Annual TML Conference Grapevine, TX November 12 - 16, 2012 $1,086.96 Mayor Pro Tem Willie Lewis: Attend 100 Annual TML Conference Grapevine, TX November 13 -16, 2012 $1,299.49 Councilmember Raymond Scott: Attend 100 Annual TML Conference Grapevine, TX November 13 -16, 2012 $1,251.41 3 AGENDA DECEMBER 11, 2012 VI. CONSENT AGENDA - CONTINUED Councilmember Elizabeth Segler: Attend 100 Annual TML Conference Grapevine, TX November 13- 16, 2012 $1,638.32 Councilmember Harold Doucet, Sr.: Attend 100 Annual TML Conference Grapevine, TX November 13 -16, 2012 $1,699.62 Councilmember Robert E. "Bob" Williamson: Attend 100 Annual TML Conference Grapevine, TX November 12 - 16, 2012 $1,953.79 Councilmember Derrick Freeman: Attend 100 Annual TML Conference Grapevine, TX November 13 - 16, 2012 $2,498.31 Councilmember Kerry Thomas: Attend 100 Annual TML Conference Grapevine, TX November 13 - 16, 2012 $1,765.59 City Manager Floyd T. Johnson: Attend 100 Annual TML Conference Grapevine, TX November 13- 16, 2012 $1,389.60 City Secretary Sherri Bellard: Attend 100 Annual TML Conference Grapevine, TX November 12 -16, 2012 $1,737.32 City Attorney Valecia Tizeno: Attend 100 Annual TML Conference Grapevine, TX November 14 -16, 2012 $1,335.36 4 AGENDA DECEMBER 11, 2012 VI. CONSENT AGENDA - CONTINUED Resolutions - Consent (1) P.R. No. 17313 - A Resolution Authorizing The City Manager To Execute An Agreement With W And W Construction Of Port Arthur, Texas For The Construction Of Driveway Adjustments, Handicap Ramps, And Sidewalks Along 9 Avenue For The Not To Exceed Amount Of $24,524.75; Account 001 - 1203 - 531.87 -00 Resolution No: 12- 585 (2) P.R. No. 17353 - A Resolution Authorizing Payment Of An Invoice For $31,080.42 For FY 2013 Computer Services From The Houston Area Library Automated Network (HALAN) (Account No. 001 -1403- 551.59 -00) Resolution No: 12- 586 (3) P. R. No. 17391 - A Resolution Authorizing The Acceptance Of The Facility And All Improvements To City Owned Property Located At 601 W. Reverend Dr. Ransom Howard Street, Port Arthur, Texas, To Be Used As A Development Center Resolution No: 12- 587 (4) P.R. No. 17397 - A Resolution Authorizing The Purchase And Installation Of Replacement Sensors In The Fire Department's Air Monitoring Equipment In The Amount Of $25,060.80; Funds Are Available In Account Number 107 - 1118 - 522.92 -00, Project No. PS0018 Resolution No: 12- 588 (5) P.R. No. 17401 - A Resolution Authorizing The City To Submit An Application For Funding For Fiscal Year 2012 -13 From The Federal Transit Administration For Capital Improvements And Operations For The Port Arthur Transit (PAT) Resolution No: 12- 589 5 AGENDA DECEMBER 11, 2012 VI. CONSENT AGENDA - CONTINUED (6) P.R. No. 17406 - A Resolution Authorizing Transit Service On Saturday, December 22, 2012, From 8:15 AM Until 6:15 PM In Preparation For The Christmas Holiday; Funds Available In Various Transit Accounts Resolution No: 12- 590 (7) P.R. No. 17415 - A Resolution Authorizing The Execution Of Pipeline Permit 12 -04 From The City Of Port Arthur To PI Dock Facilities, LLC Of San Antonio, Texas For The Construction Of A 36" Crude Oil Pipeline Within The Corporate Limits Of The City Of Port Arthur Resolution No: 12- 591 (8) P.R. No. 17416 - A Resolution Authorizing A Three -Month Extension Of The Contract With Total Safety, U.S., Inc. For Asbestos Abatement Consulting Services, In A Not To Exceed Amount Of $100,000, To Be Charged To Account No. 105 -1431- 552.59 -00, Project No. C36120 Resolution No: 12- 592 (9) P.R. No. 17420 - A Resolution Authorizing The City Manager To Enter Into A Professional Services Contract With Ascende, Inc. To Provide Administrative Services For The 2013 Retirees Drug Subsidy (RDS) Filing At A Cost Of $17,500. Acct. No. 614 -1701- 583.54 -00 Motion: RW Second: KT Voting Yes: 7 Voting No: 0 W/O MA & RS Approved Resolution No: 12- 608 (10) P.R. No. 17421 - A Resolution Authorizing The City Manager To Execute Change Order 01 To Increase The Contract Between The City Of Port Arthur And N & T Construction For Additional Work, Increasing The Contract Amount By $2,028 To A New Total Of $878,028; Funding Allocated In Account 402 - 1508 - 561.54 -00 Resolution No: 12- 593 6 AGENDA DECEMBER 11, 2012 VI. CONSENT AGENDA - CONTINUED (11) P.R. No. 17422 - A Resolution Amending §9 -102 Of The Purchasing Manual Resolution No: 12- 594 (12) P.R. No. 17423 - A Resolution Authorizing The City Of Port Arthur To Sign A Petition In Support Of Upcoming State Legislation To Establish Refundable Deposits On All Aluminum, Glass And Plastic Beverage Containers Sold In The State Of Texas, Known As The "Texas Bottle Bill" (Requested By Councilmember Freeman) Motion: DF Second: KT Voting Yes: 9 Voting No:0 Approved Resolution No: 12- 609 (13) P.R. No. 17425 - A Resolution Authorizing A Contract Between The City Of Port Arthur And D & R Commercial Construction Services, Inc. Of Lumberton, Texas For Electrical Renovations To The Office Area Of The Armory Building Located At 3451 57 Street In The Not To Exceed Amount Of $243,855. Account 306 - 1606- 591.59 -00 Resolution No: 12- 595 (14) P.R. No. 17426 — A Resolution Authorizing The City Manager To Enter Into A Contract With Brown Reynolds Watford Architects, Inc. Of College Station, Texas, To Perform Design And Related Professional Services For A New Administrative Building For The Port Arthur Transit Department In The Not To Exceed Amount Of $114,800. This Project Shall Be Funded From Grant TX96 -042 Funds That Are Federal Transit Administration Allocated Funds Under Account 402 - 1508 - 561 -82.00 And General Funds In 2013 Grant Resolution No: 12- 596 (15) P.R. No. 17427 - A Resolution Authorizing The City Manager To Execute The Second Amendment To The Water Service Agreement Between Sabine Pass Liquefaction, LLC And The City Of Port Arthur Resolution No: 12- 597 AGENDA DECEMBER 11, 2012 VI. CONSENT AGENDA - CONTINUED (16) P.R. No. 17429 - A Resolution Authorizing The Execution Of Change Order No. 9 To The Wastewater Treatment Plant Rehabilitation Project, Contract No. 5, Between The City Of Port Arthur And Allco, Inc., Of Beaumont, Texas, Decreasing The Contract Amount By $79,853.47 And Increasing The Contract Time 171 Calendar Days. Account No. 404 - 1625 - 532.83 -00, City Project No. 404WWT Resolution No: 12- 598 (17) P.R. No. 17430 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts Resolution No: 12- 599 (18) P.R. No. 17431 - A Resolution Authorizing Change Order No. 2 To The Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And Excavators & Constructors, Ltd. For 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- 600 (19) P.R. No. 17434 - A Resolution Approving Awarding A Bid By The City Of Port Arthur Section 4A Economic Development Corporation To Vets Securing America For Security Guard Services To Serve The Spur 93 Business Park Resolution No: 12- 601 (20) P.R. No. 17435 - A Resolution Authorizing The Director Of Utility Operations To Purchase Polymers And Delineating Procedures For The Purchase Of Other Chemicals. Fund Nos. 410 - 1252 - 532.29 -02 & 410 -1256- 532.29 -00 Resolution No: 12- 602 8 AGENDA DECEMBER 11, 2012 VI. CONSENT AGENDA - CONTINUED (21) P.R. No. 17436 - A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And DezTex Industrial Service Of Port Arthur, Texas In The Amount Of $5,400 For Repair Work Done At The J.B. Matthews Building, 748 W. Rev. Dr. Ransom Howard Street; Available In Account Number 001- 1402- 551.32 -00 Resolution No: 12- 603 (22) P.R. No. 17437 - A Resolution Authorizing The Emergency Asbestos Abatement/Demolition Of A Dangerous Commercial Property Located At 725 E. Procter Street (Building A); And Authorizing A Payment To Lark Group, Inc. In The Amount Of $14,750, Upon Completion Of The Project, To Be Charged To Account No. 303 - 1603- 591.59 -00; Project No. CIP614 Resolution No: 12- 604 (23) P.R. No. 17439 - A Resolution Authorizing The City Manager To Enter Into A Contract With Capitol Appraisal Group, LLC Of Austin, Texas For The Appraisals Of Industrial Properties In The City's Extraterritorial Jurisdiction (ETJ) In An Amount Not To Exceed $23,400, Account No. 001 - 1003 - 512- 59 -00, Project No. M97903 Resolution No: 12- 605 (24) P.R. No. 17440 - A Resolution Authorizing The Sale Of A Vacant 2.019 Acre Parcel Of Land On Houston Avenue In The City Of Port Arthur To The Port Of Port Arthur Navigation District Resolution No: 12- 606 (25) P.R. No. 17441 - A Resolution Authorizing The City Manager To Execute A Homebuyers Written Agreement For The Purchase Of A New Construction Home Located At 5849 Texas Avenue, Port Arthur, Texas. Funding Will Be Provided By The Home Investment Partnership Program, (HOME), Account Number 108- 2141 - 626.54- 00, Project Number HE1104 Resolution No: 12- 607 9 AGENDA DECEMBER 11, 2012 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions (1) P.R. No. 17432 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Negotiate A Memorandum Of Understanding For Terms And Conditions To Locate A Potential Call Center Project In Port Arthur Motion: KT Second: DF Voting Yes: 8 Voting No: 0 W/O DF Approved Resolution No. 12 -612 (2) P.R. No. 17433 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Offer The Sale Of 59+ Acres Of Land In The City Of Port Arthur Section 4A Economic Development Corporation Business Park At $1.02 Per Square Foot Motion: KT Second: HD Motion To Amend: RW Second: HD Voting Yes: 8 Voting No: 0 W/O DF Approved as Amended Resolution No. 12 -613 (3) P.R. No. 17438 - A Resolution Authorizing The City Manager Or Any Assistant City Manager To Attend And Conduct A Public Hearing At The Offices Of The Port Of Port Arthur, 221 Houston Avenue, Port Arthur, On December 18, 2012 At 9:30 A.M. Regarding The Issuance And Approval Of Port Arthur Navigation District Industrial Development Corporation Exempt Facilities Revenue Bonds (Total Petrochemicals & Refining USA, Inc. Project) Series 2012B In The Aggregate Principal Amount Of $50,000,000, As Per 26 USCS Section 147 Motion: RW Second: MA Voting Yes: 9 Voting No: 0 Approved Resolution No. 12 -610 10 AGENDA DECEMBER 11, 2012 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED (4) P.R. No. 17443 - A Resolution Approving A Proposal For A Two Year Professional Services Agreement With John Hall Public Affairs For The Continued Work On The City's Environmental Justice Plan And Other Related Environmental And Housing Projects In The Not To Exceed Amount Of $114,000 Annually, With A Total Contract Amount Of $228,00 Motion: RW Second: MA Motion To Amend: RW Second: HD Voting Yes: 9 Voting No: 0 Approved As Amended Resolution No. 12 -611 (5) P.R. No. 17445 - A Resolution Appointing A Member Or Members To The Port Arthur Downtown Reinvestment Zone Board Motion: KT Second: RW Motion To Table: MA Second: RW Voting Yes: 8 Voting No: 0 W/O DF Tabled B. Ordinances (1) P.O. No. 6286 - An Ordinance Amending Planned Development District -26 (PD -26) - Designated As Property Owned By TOTAL Port Arthur Refinery And Located North Of Texas 73/87 And West Of FM 366 - Providing A Ten (10) Year Extension Of Time For 96.21 Acres Of Land To Be Used As A Laydown Yard Thereby Establishing A New Expiration Date Of January 29, 2023. (Violation Of This Ordinance Or The Zoning Ordinance Of The City Fo Port Arthur Is Punishable As Provided In Section 1 -8 Of The Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000] Dollars); And Providing For Publication In The Official Newspaper Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date (Z12 -08 - TOTAL) Motion: MA Second: HD Voting Yes: 7 Voting No: 0 W/O WL & DF Approved Ordinances No. 12 -79 11 AGENDA DECEMBER 11, 2012 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED (2) P.O. No. 6287 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting An Abandonment For A Portion Of The Unimproved South Fourth Avenue Right -Of -Way Between Broadway And Greenwich Streets In Sabine Pass, Jefferson County, Texas And Depicted On The Display And Providing The Effective Date Of This Ordinance (Al2 -02 Kenneth LaChapelle) Motion: KT Second: MA Voting Yes: 8 Voting No: 0 W/O DF Approved Ordinances No. 12 -80 (3) P.O. No. 6288 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting An Abandonment For A Portion Of The Unimproved South Fifth Avenue Right -Of -Way Between Broadway And Greenwich Streets In Sabine Pass, Jefferson County, Texas And Depicted On The Display And Providing The Effective Date Of This Ordinance (Al2 -01 - Joseph Curvey Bailleaux, Jr.) Motion: KT Second: RW Voting Yes: 8 Voting No: 0 Approved Ordinances No. 12 -81 (4) P.O. No. 6289 - An Ordinance Of The City Of Port Arthur, Texas Authorizing The Suspension Of The Effective Date For An Additional Ninety (90) Days Beyond The December 26, 2012 Effective Date Proposed By Texas Gas Service Company In Connection With Its Rate Increase Application Entitled "Statement Of Intent To Increase Rates For The South Jefferson County Service Area," Filed On November 20, 2012; Authorizing The Hiring Of Lawyers And Rate Experts; Authorizing The City's Participation To The Full Extent Permitted By Law Before Local And State Regulatory Authorities And Any Court Of Law; Requiring Reimbursement Of Municipal Rate Case Expenses; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject, And Declaring An Effective Date 12 AGENDA DECEMBER 11, 2012 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - CONTINUED Motion: RW Second: KT Voting Yes: 8 Voting No: 0 W/O DF Approved Ordinances No. 12 -82 (5) P.O. No. 6290 - An Appropriation Ordinance Amending The General Fund Budget For The Fiscal Year Beginning October 1, 2012 And Ending September 30, 2013 By $2,500,000 In Order To Fund Repairs And Restorations Of The Pleasure Island Commission Motion: HD Second: RW Voting Yes: 7 Voting No: 1 KT W/O DF Approved Ordinances No. 12 -83 C. Reports And Recommendations (1) Report On The Port Arthur Charter Change Committee (2) Discussion And Possible Action Regarding Appointing Alternates For Charter Change Committee (Requested By Mayor Pro Tem Lewis) (3) Discussion And Possible Action Regarding A Council Workshop On Tuesday, December 18, 2012 at 5:00 p.m. To Set City Goals And Priorities For Years 2013 Through 2015. (Requested By Councilmember Morris Albright) (4) Discussion Regarding Charter Violations (Requested By Mayor Pro Tem Lewis) 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 13 AGENDA DECEMBER 11, 2012 IX. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED 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 Meeting: (1) Section 551.072 Government Code - To Discuss The Value Of Land At 1128 Freeman Avenue (Texas Ave.) (2) Section 551.072 Government Code - To Discuss The Value Of Land At 601 W Reverend Dr. Ransom Howard Street, Port Arthur, Texas (3) Section 551.072 Government Code - To Discuss The Value Of Land Managed By The Pleasure Island Commission (4) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And /Industrial Business Prospects (5) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation Regarding The State Marine Superfund Site (10:00 a.m.) Motion Regarding Superfund Site Motion: RW Second: MA Voting Yes: 8 Voting No: 0 W/O HD Approved *The Items In Executive Session May Be Discussed And Acted On In Open Session 14 AGENDA DECEMBER 11, 2012 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 December 12, 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 ************************************************************* **** * *** * *** *** * *** ******* ***** 15