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HomeMy WebLinkAboutJULY 9, 2013 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR F FLOYD T. JOHNSON ROBERT E. WILLIAMSON, MAYOR PRO TEM City of ig CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD RAYMOND SCOTT, JR. CITY SECRETARY ELIZABETH "LIZ" SEGLER O r t r t h u t MORRIS ALBRIGHT Texas VAL TIZENO ROBERT TROY CITY ATTORNEY WILLIE "BAE" LEWIS, JR. DERRICK FREEMAN KERRY "TWIN" THOMAS AG E N DA City Council Regular Meeting July 9, 2013 8:3o a.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 July 9, 2013 8:30AM 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, Jr. 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 21, 2013 Special Meeting 10:30 a.m. May 21, 2013 Special Meeting 11:00 a.m. May 28, 2013 Special Executive Meeting May 29, 2013 Special Executive Meeting j June 3, 2013 Special Meeting June 4, 2013 Special Meeting June 11, 2013 Regular Meeting June 25, 2013 Special Executive Meeting June 25, 2013 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers - None L AGENDA JULY 9, 2013 III. PETITIONS & COMMUNICATIONS - CONTINUED B. Presentations - None C. Employee Recognition - None D. Correspondence - None IV. PUBLIC HEARINGS - 9:00 a.m. - None V. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: Resolutions (1) P.R. No. 17725 - A Resolution Supporting The Submission Of An Application By Port Arthur Initiative II, 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) (2) 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) (3) P.R. No. 17734 - A Resolution Appointing And /Or Reappointing A Member Or Members To The Port Arthur Youth Advisory Council 2 AGENDA JULY 9, 2013 V. UNFINISHED BUSINESS - CONTINUED Ordinance (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 15.24 -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, Section 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. Z13 -04 - Port Arthur Independent School District, Owner; Port Arthur Housing Authority, Potential Owner; And ITEX Group, LLC, Potential Developer And Contractor 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. (A) Expense Reports (1) Mayor Deloris "Bobbie" Prince: Attend A TML Board Meeting Mesquite, Texas June 26 - 27, 2013 $601.94 3 AGENDA JULY 9, 2013 VI. CONSENT AGENDA - CONTINUED (2) City Attorney Valecia Tizeno: Attend Texas City Attorneys Association 2013 Summer Conference South Padre Island, Texas June 5 - 7, 2013 $1,817.03 Resolutions - Consent (1) P.R. No. 17724 - A Resolution Authorizing The Payment Of Invoice No. 234199 To Computer Information Systems, Inc. Of Skokie, Illinois For The Annual License Renewal Fee For Maintenance Of The Police And Fire Department's CAD, RMS, And MCS /AVL Server In The Amount Of $30,403.37; Funding Available In Account No. 001 -1101- 521.72 -00 (2) P.R. No. 17730 - A Resolution Authorizing The Execution Of A Contract For The Purchase Of Fire Hydrants For The Utility Operations Department With HD Supply In The Total Estimated Amount Of $146,081.50 (Unit Prices As Shown In The Attached Bid Tabulation). Funds Are Available In Account No. 410- 1253 - 532.85- 00 (3) P.R. No. 17751 - A Resolution Authorizing The City Manager To Enter Into A Contract With Transtrack Systems, Inc., Long Beach, California, In An Amount Not To Exceed $125,900 To Purchase And Install Software, Provide Licenses And Train Staff. ARRA Account 402 - 1508 - 561.57 -00 (Line Item 11.42.08 - Sofware Installation) And Capital Account 401 - 1509 - 561.89 For Contingency Cost (4) P.R. No. 17753 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (5) P.R No. 17755 - A Resolution Authorizing The Award Of Bid And The Execution Of A Contract For The Highway 87 Water Transmission Line Project With Excavators & Constructors, LTD. In The Amount Of $2,318,702.50, Project No. IKE2 -1 -SBPW 4 AGENDA JULY 9, 2013 VI. CONSENT AGENDA - CONTINUED (6) P.R. No. 17756 - A Resolution Rescinding Resolution No. 13 -259 In Its Entirety, Which Authorized The Execution Of A Homebuyer's Written Agreement For The Purchase Of 2334 5 Street, Port Arthur, Texas Through The City's Homebuyer's Assistance Program (7) P.R. No. 17761 - A Resolution Authorizing The Award Of Bid And The Execution Of A Contract For The Replacement Of Suction And Check Valves At The North And 46 St. Lift Stations With Texcavation Co. In The Amount Of $93,600, Account No. 428- 1625- 532.83 -00 (8) P.R. No. 17763 - A Resolution Authorizing The Execution Of A Contract For The Purchase Of Sodium Chlorite Service For The Utility Operations Department With Siemens Water Technologies In A Not To Exceed Amount of $275,000. Funds Are Available In Account No. 410 - 1252 - 532.29 -02 (9) P.R. No. 17764 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Execute Change Order 5 To The Contract Between PAEDC And R. L. Abatement, Inc., For Asbestos, Lead And Mold Abatement At 501 Procter Street, Increasing The Contract Time Thirty (30) Calendar Days (10) P.R. No. 17765 - A Resolution Approving Change Order 1 To The Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Total Safety For The Asbestos /Lead /Mold Consulting Services At 501 Procter Street, Increasing The Contract Time Thirty (30) Calendar Days (11) P.R. No. 17766 - A Resolution Authorizing The City Manager To Enter Into A Purchase Agreement With Imagenet Consulting Of Houston, Texas, For Software, Installation And Training For A Laserfiche Software System Upgrade And Annual Maintenance Services In The Amount Of $48,816.00; Funds Available In Account No. 001 - 1011 - 512.57 -00 5 AGENDA JULY 9, 2013 VI. CONSENT AGENDA - CONTINUED (12) P.R. No. 17767 - A Resolution Authorizing The City Manager To Make Application And Receive Funding Through The 2013 Edward Byrne Memorial Justice Assistance Grant (JAG) Program In The Amount Of $32,567 (13) P.R. No. 17768 - A Resolution Authorizing The City Manager To Execute Change Order 01 To The Contract Between The City Of Port Arthur And Excavators & Constructors, LTD. For Reconstruction Of Cambridge Avenue From SH 73 To DD #7 Bridge, Increasing The Contract Amount By $16,309.35 To A New Total Amount Of $519,368.40. Account 001 - 1203 - 531.86 -01 (14) P.R. No. 17769 - A Resolution Authorizing The City Manager To Enter Into A Contract For Arbitrage Rebate Compliance Services With First Southwest Asset Management, Inc. VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions (1) P.R. No. 17752 - A Resolution Authorizing The First Amendment Of The Terms Of Employment Of The City Manager Of The City Of Port Arthur And Authorizing The Mayor To Execute The Revised Terms Of Employment (2) P.R. No. 17757 - A Resolution Rescinding Resolution No. 13 -140 In Its Entirety, Which Authorized A Six (6) Month Extension To The Contract With Tomahawk Lawn Service Of Groves, Texas, For Groups 1 And 9: For Mowing Various City Properties, Parks And Right -Of -Ways In The City (3) P.R. No. 17758 - A Resolution Rescinding Resolution No. 13 -139 In Its Entirety, Which Authorized A Six (6) Month Extension To The Contract With Tina's Tractor Service Of Groves, Texas, For Group 5; For Mowing Various City Properties, Parks And Right -Of -Ways In The City 6 I � AGENDA JULY 9, 2013 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON- CONSENT- CONTINUED (4) P.R. No. 17759 - A Resolution Awarding A Mowing Contract With Mr. Mike's Lawn & Tree Services Of Port Arthur, Texas, For Group 1; Said Contract Is For Mowing Various City Properties, Parks And Right -Of -Ways In The City In An Amount Not To Exceed $4,200. Funding: Parks Division, FY 2013 Budget, Account No. 001 -1207- 531.31 -00 (5) P.R. No. 17760 - A Resolution Awarding A Mowing Contract With Joey's Tractor Service Of Port Arthur, Texas, For Groups 5 And 9; Said Contract Is For Mowing Various City Properties, Parks And Right -Of -Ways In The City In An Amount Not To Exceed $7,560. Funding: Parks Division, FY 2013 Budget, Account No. 001 -1207- 531.31 -00 B. Ordinances - None VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT - (CONTINUTED) C. Reports And Recommendations (1) Report On Grass Cutting (2) Report On Future Plans For Pleasure Island (Requested By Councilmember Thomas) (3) Report On Cost Of Maintaining The Bird Sanctuary On Lake Arthur Drive (Requested By Councilmember Thomas) (4) Report/Update On Wrecker Service Ordinance (Requested By Councilmember Thomas) (5) Report On The Impact Of Lowering The Tax Rate (Requested By Councilmember Freeman) VIII. REPORTS OF BOARDS & COMMITTEES - None AGENDA JULY 9, 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 ": 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 Government Code - To Discuss Incentives For Commercial, Residential, And /Industrial Business Prospects Regarding A Retail Development Near Memorial Boulevard And Highway 365 (2) Section 551.072 Government Code - To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (3) 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. 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 July 10, 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 ************************************************************* **** **** * *** *** * * * * ***** * * * **** 8 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.