HomeMy WebLinkAboutPOST 03.19.13 REGULAR MEETING POST AGENDA REPORT
City Council Meeting
City Hall Council Chamber
City Of Port Arthur
March 19, 2013
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
February 19, 2013 Regular Meeting - APPROVED
III. PETITIONS & COMMUNICATIONS
A. Speakers - None
B. Presentations - None
C. Employee Recognition - None
D. Correspondence
Certification Of 2013 General And Special Election
AGENDA
MARCH 19, 2013
IV. PUBLIC HEARINGS - 9:00 a.m.
(1) To Consider For The Next Two (2) Years, Commencing On October
1, 2013, And Extending Until September 30, 2015, Shall The
Existing Section 4A Sales And Use Tax Within The City Of Port
Arthur Be Utilized For The Purposes Of Costs Of Land, Buildings,
Equipment, Facilities And Improvements, Suitable For Use For
Entertainment And Related Roads, Streets, Water And Sewer
Facilities, And Other Related Improvements That Enhance Any Of
The Items Described Above, Which Are A Category Of Projects
Under Section 4B, Chapter 505.152, Texas Local Government
Code With The Condition That The Total Spending On The
Referenced 4B Projects Will Not Exceed $400,000 Per Year. Said
Period Of Time Can Be Extended An Additional Two (2) Years By
The City Council By A 2/3 Vote Of The City Council After Reviewing
Public Comments On The Proposed Cost And Impact Of Such
Projects.
(2) To Consider Granting A Specific Use Permit For The Operation Of
A Wrecker Service And Storage Facility On 0.9162 Acre Of Land
Out Of And Part Of Lots 10 And 11, Block 5, Port Acres, (A.K.A.
6331 West Port Arthur Road), Port Arthur, Jefferson County, Texas
V. UNFINISHED BUSINESS
The Following Items Of Business Were Held From The Previous Meeting
At Which No Action Was Taken On These Items:
P.R. No. 17555 - A Resolution Authorizing The City Manager To Execute
A Contract With Soutex Surveyors & Engineers For The Design And
Construction Management For The Concession Stand At County Park In
An Amount Not To Exceed $11,750.00 (Account No. 001 - 1402 - 551.51 -00)
Motion: DF Second: KT
Voting Yes: 5 Voting No: 3 (RS, LS, KT) W /O: MA
APPROVED
Resolution No: 13 -123
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AGENDA
MARCH 19, 2013
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.
Motion: RW Second: DF
Voting Yes: 8 Voting No: 0 W /O: MA
APPROVED
(A) Consideration And Approval Of Payment To Oil City Tractors, Inc.,
Beaumont, TX In The Amount Of $5,563.74 For Repairs To Unit
#1398 Slope Mower For The Public Works Drainage Division
(B) Consideration And Approval Of Payment To Siemens Industry, Inc.,
Houston, TX In The Amount Of $124,008.64 For Sodium Chlorite
For The Utility Operations Department, Water Purification Division
PULLED
Motion: RW Second: DF
Voting Yes: 8 Voting No: 0 W /O: MA
APPROVED
(C) Consideration And Approval Of Payment To National Fence
Company, Houston, TX In The Amount Of $5,701 For Labor,
Equipment, Materials And Supervision For Guard Rail Installation
At 7400 Lake Arthur Drive
(D) Consideration And Approval Of Payment To Sorenson Forensic,
S a l t Lake C i t y , UT I n The Amount Of $9,504 For DNA Testing In An
Unattended /Suspected Homicide Case
(E) Expense Reports:
PULLED
Motion: KT Second: DF
Voting Yes: 8 Voting No: 0 W /O: MA
APPROVED
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AGENDA
MARCH 19, 2013
VI. CONSENT AGENDA - CONTINUED
(1) Mayor Deloris Prince:
Attend Golden Triangle Days In Austin, TX
March 3 - 5, 2013 $ 808.00
(2) Mayor Pro Tem Willie Lewis:
Attend Golden Triangle Days In Austin, TX
March 3 - 5, 2013 $ 876.70
(3) Councilmember Raymond Scott:
Attend Golden Triangle Days In Austin, TX
March 3 - 5, 2013 $ 876.70
(4) Councilmember Raymond Scott:
Attend Tour of Housing Developments
New Orleans, LA
February 27 - 28, 2013 $ 285.47
(5) Councilmember Harold Doucet:
Attend Tour Of Housing Developments
New Orleans, LA
February 27 - 28, 2013 $ 285.47
(6) Councilmember Robert Williamson:
Attend Golden Triangle Days In Austin, TX
March 3 - 5, 2013 $1,222.11
(7) Councilmember Robert Williamson:
Attend Tour Of Housing Developments
New Orleans, LA
February 27 - 28, 2013 $ 624.75
(8) Councilmember Derrick Freeman:
Attend Tour Of Housing Developments
New Orleans, LA
February 27 - 28, 2013 $ 583.46
(9) Councilmember Derrick Freeman:
Attend TML Region 16 Meeting In Dayton, TX
February 28, 2013 $ 82.62
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AGENDA
MARCH 19, 2013
VI. CONSENT AGENDA - CONTINUED
(10) Councilmember Kerry Thomas:
Attend Golden Triangle Days In Austin, TX
March 3 - 5, 2013 $1,219.12
(11) Councilmember Kerry Thomas:
Attend Tour Of Housing Developments
New Orleans, LA
February 27 - 28, 2013 $ 285.47
(12) City Manager Floyd T. Johnson:
Attend Golden Triangle Days In Austin, TX
March 3 - 5, 2013 $ 213.00
(13) Judge Kermit Morrison:
Attend Regional Judges Seminar In Austin, TX
February 24 - 26, 2013 $ 417.00
Resolutions - Consent
(1) P.R. No. 17549 - A Resolution Authorizing The City Of Port Arthur
Section 4A Economic Development Corporation To Enter Into An
On- The -Job Training Contract With J.Z. Russell Industries, Inc. For
Reimbursement Of 50% Of The Training Cost For Port Arthur
Residents Not To Exceed $50,000 For Fiscal Year Ending
September 2013
Resolution No: 13 -124
(2) P.R. No. 17550 - A Resolution Awarding A Six Month Contract With
Aquila Golf, Inc. For The Purpose Of Providing Operation And
Maintenance Of The Babe Didrikson Zaharias Memorial Golf
Course
PULLED
Motion: HD Second: KT
Motion to Table: RS Second: KT
Motion to Table Failed
Voting Yes: 6 Voting No: 2 (RS & KT) W /O: MA
APPROVED
Resolution No: 13 -147
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AGENDA
MARCH 19, 2013
VI. CONSENT AGENDA - CONTINUED
(3) P.R. No. 17569 - A Resolution Approving Payment To Southeast
Texas Electric, Inc. Of Beaumont, Texas For Additional Repairs On
Parking Lot Lights At The Robert A. "Bob" Bowers Civic Center In
The Amount Of $696.85; Funding Available In Account No. 001-
1061- 518.32 -00
Resolution No: 13 -125
(4) P.R. No. 17580 - A Resolution Authorizing A Three Year Contract
With Liberty Texas Tire Recycling, LLC Of Baytown, Texas For The
Disposal Of Scrap Tires For The Public Works Solid Waste Division
In An Amount Not To Exceed $20,000 For The First Year. Funds
Are Available In Account No. 403 - 1271 - 533.51 -00 For The First
Year
PULLED
Motion: RW Second: HD
Voting Yes: 8 Voting No: 0 W /O: MA
APPROVED
Resolution No: 13 -148
(5) P.R. No. 17581 - A Resolution Authorizing The City Manager To
Execute A Contract Between The City Of Port Arthur And
Excavators & Constructors, LTD. Of Port Arthur, Texas For The
Reconstruction Of Cambridge Avenue From SH 73 To DD #7 Bridge
For The Amount Of $503,059.05; Funding Being Available In
Account 001 - 1203 - 531.86 -01
PULLED
Motion: DF Second: KT
Motion to Table: RW Second: DF
Motion to Table failed.
Voting Yes: 5 Voting No: 3 (MP, LS, DF) W /O: MA
APPROVED
Resolution No: 13-
(6) P.R. No. 17583 - A Resolution To Extend The Period And Increase
The Funding For The FY 2012 -2013 Contract Between The City Of
Port Arthur And The Department Of State Health Services, WIC
Card Participation For An Amount Not To Exceed $586,903
Resolution No: 13 -126
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AGENDA
MARCH 19, 2013
VI. CONSENT AGENDA - CONTINUED
(7) P.R. No. 17584 - A Resolution Authorizing The City Manager To
Execute A Contract Between The City Of Port Arthur And T. & N.
Laboratories And Engineering Of Beaumont, Texas To Perform
Quality Control Testing Services For The Reconstruction Of
Cambridge Avenue From SH 73 To DD #7 Bridge For The Amount
Of $3,500; Funding Being Available In Account 001- 1203 - 531.86-
01
PULLED
Motion: KT Second: DF
Voting Yes: 7 Voting No: 1 (DF) W /O: MA
APPROVED
Resolution No: 13 -150
(8) P.R. No. 17586 - A Resolution Authorizing The City Manager To
Execute An Agreement With DezTek Industrial Services, LLC Of
Port Arthur, Texas For Concrete Repairs At Various Locations
Throughout The City For $4,985; Funding Being Available In
Account 410 - 1253 - 532.59 -00
Resolution No: 13 -127
(9) P.R. No. 17587 - A Resolution Authorizing The City To Enter Into
An Agreement With Sungard Public Sector, Inc. To Perform A One -
Time Cleanup Of The City's Land /Parcel Management (LX) Files In
The Not To Exceed Amount Of $16,000. Funding Is Available In
Account Number 001 - 1202 - 531.54 -00
Resolution No: 13 -128
(10) P.R. No. 17588 - A Resolution Authorizing The City Of Port Arthur
Section 4A Economic Development Corporation To Enter Into An
On- The -Job Training Contract With Brock Services, LLC For
Reimbursement Of 50% Of The Training Cost For Port Arthur
Residents Not To Exceed $56,000 For Fiscal Year Ending
September 2013
Resolution No: 13 -129
AGENDA
MARCH 19, 2013
VI. CONSENT AGENDA - CONTINUED
(11) P.R. No. 17590 - A Resolution Approving Funding Of $5,000 From
The City Of Port Arthur Section 4A Economic Development
Corporation To The Southeast Texas Economic Development
Foundation (SETEDF) For The Assistance Of The Regional
Economic Development Initiative (REDI) To Coordinate The
Regional Economic Development Efforts For The Region Of Hardin,
Jefferson And Orange Counties (120- 1429 - 582.56 -01)
Resolution No: 13 -130
(12) P.R. No. 17591 - A Resolution Approving The Renewal Of Grass
Cutting Contract With Joey's Tractor Service In The Amount Of
$37.50 Per Acre For The Highway 73 City Of Port Arthur Section 4A
Economic Development Corporation Business Park
Resolution No: 13 -131
(13) P.R. No. 17592 - A Resolution Amending The Contract With North
Star Unlimited For The Grass Cutting Of The City Of Port Arthur
Section 4A Economic Development Corporation Spur 93 Business
Park
Resolution No: 13 -132
(14) P.R. No. 17594 - A Resolution Authorizing The Purchase Of Three
Transit Connect Vans For The Utility Operations Department From
Philpott Motors, Of Nederland, Texas, Through Buyboard, In The
Total Amount Of $76,991.35. Funds Are Available In Account No.
625 - 1801- 532.93 -01, 03 & 05.
Resolution No: 13 -133.
(15) P.R. No. 17596 - A Resolution Approving Water And Sewer
Adjustment To Certain Utility Accounts
Resolution No: 13 -134
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AGENDA
MARCH 19, 2013
VI. CONSENT AGENDA - CONTINUED
(16) P.R. No. 17598 - A Resolution Authorizing The Purchase Of
Sewage Pumps For The Utility Operations Department From Vision
Equipment, L.L.C., Of Spring, Texas, In The Total Amount Of
$83,971. Funds Are Available In Account No. 428 - 1625- 532.83 -00
Resolution No: 13 -135
(17) P.R. No. 17599 - A Resolution Authorizing A Six (6) Month
Extension To The Contract With Southeast Texas Lawn And
Maintenance Of Beaumont, Texas For Groups 3B And 6; Said
Annual Contract Is For Mowing Various City Properties, Parks And
Right -Of -Ways In The City In An Amount Not To Exceed $15,000;
Proposed Funding: Parks Division, FY 2013 Budget Account No.
001 -1207- 531.31 -00
Resolution No: 13 -136
(18) P.R. No. 17600 - A Resolution Authorizing A Six (6) Month
Extension To The Contract With T & S Lawn Service Of Port Arthur,
Texas For Groups 2 And 3A; Said Annual Contract Is For Mowing
Various City Properties, Parks And Right -Of -Ways In The City In An
Amount Not To Exceed $12,000; Proposed Funding: Parks
Division, FY 2013 Budget Account No. 001 - 1207 - 531.31 -00
Resolution No: 13 -137
(19) P.R. No. 17601 - A Resolution Authorizing A Six (6) Month
Extension To The Contract With T & S Lawn Service Of Port Arthur,
Texas For Groupl0; Said Annual Contract Is For Mowing Various
City Properties, Parks And Right -Of -Ways In The City In An Amount
Not To Exceed $4,000; Proposed Funding: Parks Division, FY 2013
Budget Account No. 001 - 1207 - 531.31 -00
Resolution No: 13 -138
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AGENDA
MARCH 19, 2013
VI. CONSENT AGENDA - CONTINUED
(20) P.R. No. 17602 - A Resolution Authorizing A Six (6) Month
Extension To The Contract With Tina's Tractor Service Of Groves,
Texas For Group 5; Said Annual Contract Is For Mowing Various
City Properties, Parks And Right -Of -Ways In The City In An Amount
Not To Exceed $4,000; Proposed Funding: Parks Division, FY 2013
Budget Account No. 001 -1207- 531.31 -00
Resolution No: 13 -139
(21) P.R. No. 17603 - A Resolution Authorizing A Six (6) Month
Extension To The Contract With Tomahawk Lawn Service Of
Groves, Texas For Groups 1 And 9; Said Annual Contract Is For
Mowing Various City Properties, Parks And Right -Of -Ways In The
City In An Amount Not To Exceed $8,000; Proposed Funding:
Parks Division, FY 2013 Budget Account No. 001 - 1207 - 531.31 -00
Resolution No: 13 -140
(22) P.R. No. 17604 - A Resolution Authorizing A Six (6) Month
Extension To The Contract With Joey's Tractor Service Of Port
Arthur, Texas For Groups 11 And 12; Said Annual Contract Is For
Mowing Various City Properties, Parks And Right -Of -Ways In The
City In An Amount Not To Exceed $9,000; Proposed Funding:
Parks Division, FY 2013 Budget Account No. 001 -1207- 531.31 -00
Resolution No: 13 -141
(23) P.R. No. 17605 - A Resolution Authorizing The City Manager To
Apply For Membership With Cooperative Purchasing Venture
(CPV)
Resolution No: 13 -142
(24) P.R. No. 17606 - A Resolution Authorizing The Second And Final
Year Of A Contract For Grounds Maintenance For The Utility
Operations Department With Amelia Lawn Care & Landscaping, Of
Groves, Texas, In An Amount Not To Exceed $7,640 For Groups C
& D. Funds Are Available In Account No. 410 - 1255 - 532.59 -00
Resolution No: 13 -143
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AGENDA
MARCH 19, 2013
VI. CONSENT AGENDA - CONTINUED
(25) P.R. No. 17607 - A Resolution Authorizing The Second And Final
Year Of A Contract For Grounds Maintenance, For The Utility
Operations Department With Joey's Tractor Service, Of Port Arthur,
Texas, In An Amount Not To Exceed $5,596 For Group G. Funds
Are Available In Account No. 410 - 1255 - 532.59 -00
Resolution No: 13 -144
(26) P.R. No. 17608 - A Resolution Authorizing The Second And Final
Year Of A Contract For Grounds Maintenance, For The Utility
Operations Department With Tina's Tractor Service, Of Groves,
Texas, In An Amount Not To Exceed $15,850 For Groups A, B, & E.
Funds Are Available In Account No. 410 - 1255 - 532.59 -00
Resolution No: 13 -145
(27) P.R. No. 17609 - A Resolution Approving The Sale Of
Approximately 2.984 Acres Of Land In The City Of Port Arthur
Section 4A Economic Development Corporation's Business Park To
B &B Ice, Inc.
Resolution No: 13 -146
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT
A. Resolutions
(1) P.R. No. 17593 - A Resolution Approving The Award Of A Bid By
The City Of Port Arthur Section 4A Economic Development
Corporation To R.L. Abatement, Inc. And Authorizing The Execution
Of A Contract For Asbestos, Lead And Mold Abatement At 501
Procter Street, Port Arthur, Texas
Motion: KT Second: MPT
Voting Yes: 7 Voting No: 0 W /O: MA & HD
APPROVED
Resolution No: 13 -151
11
AGENDA
MARCH 19, 2013
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT -
CONTINUED
(2) P.R. No. 17595 - A Resolution Designating The Early Voting Ballot
Board, Deputy Lead And Alternate Lead Early Voting Clerks,
Election Day Presiding Judges And Alternate Judges, As Well As
Appointing The Presiding Judge, Alternate Judge, Tabulation
Supervisor, Ballot Production Specialist, Counting Station Manager
And Election Records General Custodian Of The Central Counting
Station For The May 11, 2013 General Election
Una resolucion que designe el consejo de bo /etas de votacion
temprana, diputado principal y asistentes de oflc/na alternativos de
votacion temprana, jueces principales y jueces suplentes del dia de
las a %cc %ones, tambien apuntar el juez principal, jueces suplente,
supervisor de tabulacion, especialista en produccion de las boletas,
gerente de la estacion de conteo y el custodio general de registros
de elecc %n de la estacion central de costar boletas para las
elecc %ones generales del 11 de mayo de 2013.
Motion: KT Second: RW
Voting Yes: 7 Voting No: 0 W /O: MA & HD
APPROVED
Resolution No: 13 -152
B. Ordinances
(1) P.O. No. 6306 - An Ordinance Of The City Of Port Arthur, Texas
Setting The Just And Reasonable Rates To Be Charged By Texas
Gas Service ( "TGS ") For Gas Service For Customers In The City Of
Port Arthur, Texas; Requiring Reimbursement Of Municipal Rate
Case Expenses; Finding That The Meeting Complies With The
Open Meetings Act; And Declaring An Effective Date For This
Ordinance
Motion: RW Second: KT
Voting Yes: 7 Voting No: 0 W /O: DF & MA
APPROVED
Ordinance No: 13 -15
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AGENDA
MARCH 19, 2013
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT -
CONTINUED
(2) P.O. No. 6307 - An Appropriation Ordinance Amending The
General Fund Budget For The Fiscal Year Beginning October 1,
2012 And Ending September 30, 2013 By $58,800 In Order To
Fund A Permanent Equipment Services Technician And A
Temporary Equipment Services Technician In The Garage
Motion: KT Second: RW
Voting Yes: 6 Voting No: 1 (RW) W /O: MA & HD
APPROVED
Ordinance No: 13 -16
(3) P.O. No. 6308 - An Ordinance Amending The Zoning Ordinance Of
The City Of Port Arthur By Granting Specific Use Permit 214 (SUP#
214) To Allow For The Operation Of A Community Event Center In
A Planned Development - 14 District On 0.5527 Acre Of Land
Consisting Of Tract 1 -A And A Portion Of Lots 3 And 4, Block 1,
Alamo Heights Addition, Port Arthur, Jefferson County, Texas
(Violation Of This Ordinance Or The Zoning Ordinance Of The City
Of Port Arthur Is 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 (Z13 -01 - Betty & Harold Garcia)
3648 9 Avenue SUP # 214
Motion: KT Second: RW
Voting Yes: 7 Voting No: 0 W /O: MA & HD
APPROVED
Ordinance No: 13 -17
C. Reports And Recommendations
(1) Report Regarding The Progress Of The Pavilion Project
(Requested By Councilmember Thomas)
(2) Briefing By County Engineer Regarding Erosion On Pleasure Island
(Requested By Councilmember Thomas)
(3) Discussion And Possible Action With Regard To The Placement Of
Referendum On A Municipal Election Ballot (Requested By Mayor
Pro Tem Lewis)
VIII. REPORTS OF BOARDS & COMMITTEES - None
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AGENDA
MARCH 19, 2013
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 ":
IX. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED
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 551.087 - To Discuss Incentives For Commercial,
Residential, And /Or Industrial Business Prospects (Gulf Coast
Warehousing [EDC Projects])
(2) Section 551.074 Government Code - To Discuss The Duties And
Responsibilities Of The City Manager
*The Items In Executive Session May Be Discussed And Acted On In
Open Session
X. ANNUAL CDBG ALLOCATIONS (1:30 PM)
XI. ADJOURNMENT OF MEETING
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NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect
To Recess The Meeting And Reconvene At 8:30AM On March 20, 2013. 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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