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HomeMy WebLinkAbout06-25-13 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR Energy FLOYD T. JOHNSON ROBERT E. WILLIAMSON, MAYOR PRO TEM CitY of City I4l CITY MANAGER COUNCIL MEMBERS: • SHERRI BELLARD RAYMOND SCOTT, JR. CITY SECRETARY ELIZABETH "LIZ" SEGLER p l 1 I fl u r MORRIS ALBRIGHT VAL TIZENO ROBERT TROY T > xUS CITY ATTORNEY WILLIE "BAE" LEWIS, JR DERRICK FREEMAN KERRY "TWIN" THOMAS AG E N DA City Council Regular Meeting June 25, 2013 5:30 p.m. In compliance with the Americans With Disabilities Act, the City of Port Arthur will provide for reasonable accommodations for persons attending City Council meetings. To better serve you, requests should be received 24 hours prior to the meeting. Please contact the City Secretary's Office, at (4 9 11 5• P.O. BOX 1089 • PORT ARTHUR, TEXAS 77641 -1089 • 409/983 -8115 • FAX 409/983 -8128 City Council Meeting City Hall Council Chamber City Of Port Arthur June 25, 2013 5:30 PM PLEASE TURN OFF OR MUTE ALL CELL PHONES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Williamson Councilmember Scott, Jr. Councilmember Segler Councilmember Albright, III Councilmember Troy Councilmember Lewis 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 May 14, 2013 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers (1) Tisha Armstead And Robyn Deshotel Regarding Invitation To Join "Lunch At The Courtyard" AGENDA June 25, 2013 III. PETITIONS & COMMUNICATIONS - CONTINUED B. Presentations (1) Presentation By Sabine Pass Liquefaction And Update (2) Presentation By Gayle W. Botley, CPA Of The Comprehensive Annual Financial Report For The Year Ended September 30, 2012 C. Employee Recognition D. Correspondence Letter From The Section 4A Economic Development Corporation IV. PUBLIC HEARINGS — 6:00 PM — None V. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: (1) P.R. No. 17711 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Place A Billboard Ad In The Houston Market For Six (6) - Four (4) Week Periods Using Cornerstone Advertising & Design Of Beaumont, Texas, For Creating A Billboard Message And Agency Fees For Billboard Research, Preparation Of Contract And Monitoring Of Billboard During Rental Period In An Amount Not To Exceed $7,711.74 (2) P.R. No. 17722 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Place A Billboard Ad In The Houston Market For Six (6) - Four (4) Week Periods Using CBS Outdoor Billboard Of Houston, Texas To Produce A Vinyl Design And For Placement Of Billboard At A Cost Not To Exceed $42,554.27 2 AGENDA June 25, 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. Resolutions — Consent (1) P.R. No. 17670 — A Resolution As It Pertains To The Permit Application Of Accumulative Resale Recycle Company (2) P.R. No. 17688 — A Resolution Authorizing The City Manager To Enter Into A Non - Exclusive Product Sales Agreement With TOTAL Petrochemicals USA, Inc. To Provide Certain Quantities Of On -Road Diesel At TOTAL's Port Arthur, Texas Refinery In The Case Of An Emergency Or A Disaster With A Term Of The Agreement From June 25, 2013 To June 25, 2015 (3) P.R. No. 17704 — A Resolution Authorizing The Execution Of Contracts For The Purchase Of Water Treatment Chemicals For The Utility Operations Department With Brenntag Southwest, Inc., Key Chemical, Carus Corporation, And Therchem Corporation In The Total Estimated Amounts Shown In The Attached Bid Tabulation. Funds Are Available In Account No. 410 - 1252 - 532.29 -02 & 410- 1256- 532.29 -00 (4) P.R. No. 17705 — A Resolution Approving The Application Of Acadian Ambulance Service, Inc., For An Ambulance Agreement (5) P.R. No. 17720 — A Resolution Authorizing The Texas General Land Office To Enter Into Contracts With Arceneaux And Gates For Professional Engineering Services And, Traylor And Associates Incorporated For Environmental Services And Grants Administration Services For The Round 2, Phase 2 Of The City Of Port Arthur's 2008 Texas Community Development Block Grant Disaster Recovery Supplemental Grant 3 AGENDA June 25, 2013 VI. CONSENT AGENDA - CONTINUED (6) P.R. No. 17721 — A Resolution Authorizing A Grant Agreement Between The City Of Port Arthur And The Texas General Land Office (GLO) For The Texas Community Development Block Grant Round 2.2 Funding Disaster Recovery Program In The Amount Of $10,301,777 For Infrastructure Improvements (7) P.R. No. 17727 — A Resolution Authorizing The Submission Of Contract Amendment #1 For The Community Development Funds Contract Between The City Of Port Arthur And The Texas General Land Office Contract Number 12- 449 - 000 -6539 (Hurricane Ike Recovery Round 2.1) To Amend The Performance Statement (8) P.R. No. 17728 — A Resolution Authorizing Payment For Emergency Repairs To A Force Main Junction Box For The Utility Operations Department To Allco, L.L.C., In The Total Amount Of $83,964. Funds Are Available In Account No. 428 - 1625 - 532.83 -00, Project No. 428005 (9) P.R. No. 17729 — A Resolution Rescinding Resolutions No. 11 -236, No. 11 -482, No. 11 -541, No. 12 -269, And No. 12 -284 And Authorizing Amended Change Orders No. 4, 5, 6, And 7 And The Acceptance Of The Project For The Sanitary Sewer Rehabilitation By The Pipe Bursting And Sliplining Methods Project, Basins PA64C & PA66, Contract No. 6 From Allco, L.L.C., And Authorizes Final Payment, Account No. 404 - 1625- 532.83 -00, Project No. 404PB6 (10) P.R. No. 17731 — A Resolution Authorizing The Fire Chief And Police Chief To Apply For The 2013 Port Security Grant (11) P.R. No. 17738 — A Resolution Authorizing A Contract Between The City Of Port Arthur And Basco Construction Inc., Of Nederland, Texas For Port Arthur Armory Renovations Phase 1 For The Property Located At 3451 57 Street In The Not To Exceed Amount Of $122,897. Account 306 - 1606- 591.59 -00 4 AGENDA June 25, 2013 VI. CONSENT AGENDA - CONTINUED (12) P.R. No. 17739 — A Resolution Rescinding In Its Entirety Resolution No. 13 -114 Which Authorized A Contract Between The Port Arthur Hispanic Baseball League And The City Of Port Arthur For The Use Of Leger Baseball Field At Pioneer Park From March 15, 2013 Through November 30, 2013 (13) P.R. No. 17740 — A Resolution Amending The Contract Between The City Of Port Arthur And L. D. Kemp Excavating, Inc. Of Fort Worth, Texas For The CeII 48 Liner And Drainage Improvements At The City Of Port Arthur Landfill In The Not To Exceed Amount Of $1,197,523. CIP302, 303 - 1601 - 591.89 -00 (14) P.R. No. 17741 — A Resolution Authorizing The Port Arthur Section 4A Economic Development Corporation To Engage In New Market Tax Credit Financing For The Redevelopment Of The Old First National Bank Building (501 Procter Street) And Payment Of A Deposit Of $30,000.00 To JPMorgan Chase Bank, N. A. (15) P.R. No. 17742 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Execute Change Orders 3 And 4 To The Contract Between PAEDC And R. L. Abatement, Inc. For Asbestos, Lead And Mold Abatement At 501 Procter Street, Increasing The Contract Amount By $23,5000.00 And $7,300.00 Respectively (16) P.R. No. 17745 — A Resolution Authorizing Payment For Emergency Repairs To Deteriorated Manholes Along West Port Arthur Road For The Utility Operations Department To Allco, L.L.C., In The Total Amount Of $52,077.93. Funds Are Available In Account No. 428- 1625- 532.83 -00, Project No. 428 (17) P.R. No. 17746 — A Resolution Authorizing The City Manager, The Finance Director And The Comptroller To Serve As Signatories For The Texas General Land Office 2008 Supplemental Disaster Relief Fund (Ike Recovery Funds) 5 AGENDA June 25, 2013 VI. CONSENT AGENDA - CONTINUED (18) P.R. No. 17747 — A Resolution Authorizing The City Manager Or His Designee To Prepare A Letter Of Interest To The White House Council On Strong Cities, Strong Communities For A 2013 Strong Cities, Strong Communities (SC2) Community Solution Team (Requested By Mayor Prince) VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT A. Resolutions (1) P.R. No. 17706 — A Resolution As It Pertains To The Board Of Directors Of The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Mayor Pro Tem Williamson) (2) P.R. No. 17714 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Limited Scope Agreement With Spawglass For Building Security, Temporary Repairs And Related Services At 501 Procter Street At A Cost Not To Exceed $30,000.00 (3) P.R. No. 17725 — A Resolution Supporting The Submission Of An Application By Port Arthur Initiative I, L. P. For Housing Tax Credits Or Private Activity Bonds At 3501 12 Street (Edison Square), Authorizing An Allocation Of Housing Tax Credits For The Approval Of The Construction Of The Development (Requested By Councilmember Albright) (4) P.R. No. 17726 — A Resolution Supporting The Submission Of An Application By Port Arthur Initiative I, L. P. For Housing Tax Credits Or Private Activity Bonds At 2500 Highway 365 (Park Central), Authorizing An Allocation Of Housing Tax Credits For The Approval Of The Construction Of The Development (Requested By Councilmember Albright) 6 AGENDA June 25, 2013 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT — CONTINUED (5) P.R. No. 17734 — A Resolution Appointing And /Or Reappointing A Member Or Members To The Port Arthur Youth Advisory Council (6) P.R. No. 17735 — A Resolution Appointing And /Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmembers Freeman And Thomas) (7) P.R. No. 17737 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Pre - Development Construction Services Agreement With Spaw Glass For 501 Procter Street Not To Exceed $15,000.00 (8) P.R. No. 17743 — A Resolution Appointing And /Or Reappointing A Member Or Members To The Citizen's Pipeline Advisory Committee (Requested By Councilmember Troy) (9) P.R. No. 17744 — A Resolution Appointing And /Or Reappointing A Member Or Members To The Pleasure Island Commission (Requested By Councilmember Troy) B. Ordinances (1) P.O. No. 6322 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning From Two - Family Residential (2F) To Multiple - Family Residential (MF) Or To Planned Development District No. 36 (PD -36) For A 15.25 — Acre Tract Of Land Out Of The Lambert Addition Subdivision, Volume 5, Page 28, M.R.J.C., City Of Port Arthur, Jefferson County, Texas (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Chapter 1, 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 AGENDA June 25, 2013 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT — CONTINUED (2) P.O. No. 6324 — An Ordinance Amending Section 94 -63 Of The Code Of Ordinances Of The City Of Port Arthur As It Pertains To Soliciting Contributions (Requested By Councilmember Freeman) (3) P.O. No. 6325 — An Ordinance Providing For The Administrative Structure For The City Of Port Arthur Organization C. Reports And Recommendations (1) Quarterly Financial Report (2) Report On Municipal Development Districts (Requested By Councilmember Freeman) (3) Discussion Regarding The City's Tax Rate (Requested By Councilmember Freeman) (4) Report On Time And Efforts Spent By City Staff On Assisting Non - Profit Organizations (5) A Written Qualifying Opinion By The City Attorney Regarding Proposition 4. VIII. REPORTS OF BOARDS & COMMITTEES — None IX. 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 June 26, 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 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** s RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS 1. Recognition by Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. 2. Speaking Procedure; Limitation on discussion and questioning. Each person addressing the Council shall step up to the microphone provided for the use of the public and give his name and address in an audible tone of voice for the records, state that subject he wishes to discuss, state whom he is representing if he represents an organization or other person, and unless further time is granted by majority vote of the Council, shall limit his remarks to five (5) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter into any discussion, whether directly or through a member of the Council, without the permission of the Presiding Officer. 3. Improper References, Disorderly Conduct By Person Addressing The Council Any person making, expressly or impliedly, personal, impertinent, slanderous, derogatory, discourteous, snide, or profane remarks or who willfully utters loud, threatening or abusive language, or engages, in any disorderly conduct which would impede, disrupt, or disturb the orderly conduct, the order by the Presiding Officer, and if such conduct continues, may, at the discretion of the Presiding Officer, be ordered barred from further audience before the Council during that Meeting. 4. Addresses After Motion Made or Public Hearing Closed. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by majority vote of the City Council. 5. Campaign Speeches Prohibited. No persons will be allowed to address the City Council by making campaign speeches for or against any candidate who has announced or does announce his intention to run, or issue already ordered on a ballot for election. 6. Disorderly Conduct. No person in the audience shall engage in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting. 7. Limitations on Use of Supplemental Lighting. Limitations on use of supplemental lighting for television and motion picture cameras to create the least amount of interference with or disturbance of Council proceedings and /or discomfort to the public. 8. Persons Having Complaints, Allegations, or Charges Against Individual City Employees. No person shall make any complaint, specific allegation, or charge against an individual City Employee by name in a public meeting unless he first shows that he has pursued appropriate administrative channels. ENFORCEMENT OF DECORUM Warning, All persons shall at the request of the Presiding Officer, be silent. Removal. If, after receiving a warning from the Presiding Officer, a person persists in disturbing the meeting, such Officer may order him to remove himself from the meeting. If he does not remove himself, the Presiding Officer may order the Sergeant -at -arms to remove him. Resisting Removal, Any person who resists removal by the Sergeant -at -arms shall be charged with violating V.T.C.A, Penal Code 42.05. Motions To Enforce. Any Councilmember may move to require the Presiding Officer to enforce this division, and the affirmative vote of a majority of the Council shall require him to do so. RULES OF PROCEDURE The City Secretary shall make public, in accordance with the Texas Open Meetings Law, an agenda containing all business to be discussed at a meeting of the City Council. Persons Requesting To Be Heard On Agenda Items (1) Residents. Any resident who wishes to address the Council on any matter may do so by notifying the City Secretary in accordance with the Texas Open Meetings Law. (2) Nonresidents. Any nonresident wishing to address the Council shall notify the City Secretary and specify his interest in the matter being considered. The City Secretary shall present such request to the Presiding Officer for approval before placing the name on the Agenda. Specific Agenda Items. After a motion, second and discussion by the City Council on any specific agenda item, and before a vote is taken, the Presiding Officer shall recognize any citizen in the audience wishing to address the council on such item, who shall be permitted to address the Council thereon for a period of three (3) minutes. "Specific Agenda Items" are defined as any item specified on the Notice of Meeting posted for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Council.