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HomeMy WebLinkAboutJULY 9, 2013 REGULAR MEETING REGULAR MEETING — July 9, 2013 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Freeman gave the invocation followed with the pledge to the flag. The City Council of the City of Port Arthur met in Regular Session on Tuesday, July 9, 2013 at 8:41 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tem Robert E. "Bob" Williamson; Councilmembers Raymond Scott, Jr., Elizabeth "Liz" Segler, Robert Troy, Willie "Bae" Lewis, Jr. and Derrick Freeman; City Manager Floyd T. Johnson, City Secretary Sherri Bellard, City Attorney Valecia R. Tizeno, and Sergeant At Arms Chief of Police Mark Blanton. Councilmember Kerry Thomas joined the Regular Meeting at 8:58 a.m. Councilmember Morris Albright, III. joined the Regular Meeting at 9:55 a.m. II. PROCLAMATIONS & MINUTES Proclamations — None 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 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 Upon the motion of Councilmember Freeman, seconded by Mayor Pro Tem Williamson and carried unanimously, the City Council approved the above - mentioned minutes. III. PETITIONS & COMMUNICATIONS A. Speakers - None B. Presentations — None C. Employee Recognition — None D. Correspondence — None IV. PUBLIC HEARINGS — None V. UNFINISHED BUSINESS A. 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) The Mayor introduced the above - mentioned Proposed Resolution. Upon the motion of Councilmember Freeman, seconded by Councilmember Williamson and carried, Proposed Resolution No. 17725 was adopted becoming Resolution No. 13- 288. Councilmembers Scott, Troy and Lewis abstained from voting which has the same effect as a negative vote. Voting Yes: Mayor Prince; Mayor Pro Tem Williamson; Councilmembers Segler and Freeman. Voting No: Councilmembers Scott, Troy and Lewis. The caption of Resolution No. 13 -288 reads as follows: RESOLUTION NO. 13 -288 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) The Mayor introduced the above - mentioned Proposed Resolution. Upon the motion of Councilmember Freeman, seconded by Mayor Pro Tem Williamson and carried, Proposed Resolution No. 17726 was adopted becoming Resolution No. 13- 289. Councilmembers Scott, Troy and Lewis abstained from voting which has the same effect as a negative vote. Voting Yes: Mayor Prince; Mayor Pro Tem Williamson; Councilmembers Segler and Freeman. Voting No: Councilmembers Scott, Troy and Lewis. The caption of Resolution No. 13 -289 reads as follows: RESOLUTION NO. 13 -289 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 City Council Minutes 2 Regular Meeting — July 9, 2013 The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Councilmember Freeman and seconded by Mayor Pro Tem Williamson that Proposed Resolution No. 17734 be adopted. The City Secretary read the following appointees into the record: Mayor: Chasity Romar Councilmember Lewis: Kayla Washington Councilmember Freeman: Angie Moore Aledra Jacobs Brianna Provost Voting Yes: Mayor Prince; Mayor Pro Tem Williamson; Councilmembers Scott, Segler, Troy, Lewis and Freeman. Voting No: None. The caption of Resolution No. 13 -290 reads as follows: RESOLUTION NO. 13 -290 A RESOLUTION APPOINTING AND /OR REAPPOINTING A MEMBER OR MEMBERS TO THE PORT ARTHUR YOUTH ADVISORY COUNCIL 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 15.24 -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 The Mayor introduced the above - mentioned Proposed Ordinance. Councilmember Thomas filed a Conflict of Interest Affidavit with the City Secretary and did not participate in any discussion or action regarding Proposed Ordinance No. 6322. The motion was made by Councilmember Freeman and seconded by Mayor Pro Tem Williamson that Proposed Ordinance No. 6322 be adopted. The motion was made by Councilmember Freeman and seconded by Mayor Pro Tem Williamson that Proposed Ordinance No. 6322 be amended as follows: To accept those letters that were handed to us from citizens in reference to the proposed development. Councilmembers Scott, Troy and Lewis left the Regular Meeting at 9:37 a.m. A quorum was lost. City Council Minutes 3 Regular Meeting — July 9, 2013 The City Council reconvened the Regular Meeting at 9:55 a.m. with the following members present: Mayor Prince; Mayor Pro Tem Williamson; Councilmembers Scott, Segler, Albright, Troy, Lewis, Freeman and Thomas; City Manager Floyd T. Johnson, City Secretary Sherri Bellard, City Attorney Valecia R. Tizeno, and Sergeant At Arms Chief of Police Mark Blanton. The following roll call vote was taken on the above - mentioned motion to amend Proposed Ordinance No. 6322: Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Lewis "No" Councilmember Scott "No" Councilmember Segler "Yes" Councilmember Troy "No" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" The motion to amend Proposed Ordinance No. 6233 carried. The motion was made by Councilmember Freeman and seconded by Mayor Pro Tem Williamson that Proposed Ordinance No. 6233 be amended as follows: The caption of Resolution No. 13 -288 reads as follows: That the following language be added to the PDZ: Ascetically pleasing and that which conforms to the existing neighborhood. The following roll call vote was taken on the above - mentioned motion to amend Proposed Ordinance No. 6322: Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Lewis "No" Councilmember Scott "No" Councilmember Segler "Yes" Councilmember Troy "No" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" The motion to amend Proposed Ordinance No. 6233 carried. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 6233 as amended: Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Lewis "No" Councilmember Scott "No" Councilmember Segler "Yes" Councilmember Troy "No" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" Proposed Ordinance No. 6233 was adopted, as amended, becoming Ordinance No. 13- 32. The caption of Ordinance No. 13 -32 reads as follows: ORDINANCE NO. 13 -32 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY City Council Minutes 4 Regular Meeting — July 9, 2013 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 The motion was made by Mayor Pro Tem Williamson and seconded by Councilmember Freeman that Proposed Ordinance No. 6322 be reconsidered. The motion was made by Councilmember Freeman and seconded by Mayor Pro Tem Williamson that Proposed Ordinance No. 6322 be amended as follows: Section 9. Section 24.105 of the Zoning Ordinance does not apply. The following roll call vote was taken on the motion to amend Proposed Ordinance No. 6322: Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Lewis "No" Councilmember Scott "No" Councilmember Segier "Yes" Councilmember Troy "No" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" The motion to amend Proposed Ordinance No. 6322 carried. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 6233 as amended: Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Lewis "No" Councilmember Scott "No" Councilmember Segier "Yes" Councilmember Troy "No" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" Proposed Ordinance No. 6233 was adopted, as amended, becoming Ordinance No. 13- 32. The caption of Ordinance No. 13 -32 reads as follows: City Council Minutes 5 Regular Meeting — July 9, 2013 ORDINANCE NO. 13 -32 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 Upon the motion of Mayor Pro Tem Williamson, seconded by Freeman and carried, the following Consent Agenda items were adopted with the exception of Consent Item A.; Proposed Resolutions No. 17730, 17756 and 17766: 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 Proposed Resolution No. 17724 was adopted becoming Resolution No. 13 -291 (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 Proposed Resolution No. 17751 was adopted becoming Resolution No. 13 -292. (4) P.R. No. 17753 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts Proposed Resolution No. 17753 was adopted becoming Resolution No. 13 -293. (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 & City Council Minutes 6 Regular Meeting — July 9, 2013 Constructors, LTD. In The Amount Of $2,318,702.50, Project No. IKE2 -1 -SBPW Proposed Resolution No. 17755 was adopted becoming Resolution No. 13 -294. (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 Proposed Resolution No. 17761 was adopted becoming Resolution No. 13 -295. (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 Proposed Resolution No. 17763 was adopted becoming Resolution No. 13 -308. (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 Proposed Resolution No. 17764 was adopted becoming Resolution No. 13 -296. (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 Proposed Resolution No. 17765 was adopted becoming Resolution No. 13 -306. (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 (3AG) Program In The Amount Of $32,567 Proposed Resolution No. 17767 was adopted becoming Resolution No. 13 -297. (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 Proposed Resolution No. 17768 was adopted becoming Resolution No. 13 -298. (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. Proposed Resolution No. 17769 was adopted becoming Resolution No. 13 -299. VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT City Council Minutes 7 Regular Meeting — July 9, 2013 Consent — Item (A) Expense Reports (1) Mayor Deloris "Bobbie" Prince: Attend A TML Board Meeting Mesquite, Texas June 26 — 27, 2013 $601.94 (2) City Attorney Valecia Tizeno: Attend Texas City Attorneys Association 2013 Summer Conference South Padre Island, Texas June 5 - 7, 2013 $1,817.03 The Mayor introduced the above - mentioned Item A. The motion was made by Councilmember Thomas and seconded by Mayor Pro Tem Williamson that Proposed Item A be adopted. The following roll call vote was taken on the motion to adopt Proposed Item A: Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Lewis "No" Councilmember Scott "No" Councilmember Segler "Yes" Councilmember Troy "No" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" Proposed Item A. was adopted. Consent - Resolutions (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 The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Councilmember Thomas and seconded by Councilmember Freeman that Proposed Resolution No. 17730 be adopted. Public Works Director Ross Blackketter appeared before the City Council to answer inquiries regarding the above - mentioned fire hydrants. Proposed Resolution No. 17730 was adopted becoming Resolution No. 13 -300. Voting Yes: Mayor Prince; Mayor Pro Tem Williamson; Councilmember Scott, Segler, Albright, Troy, Lewis, Freeman and Thomas. Voting No: None. The caption of Resolution No. 13 -300 reads as follows: RESOLUTION NO. 13 -300 A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE PURCHASE OF FIRE City Council Minutes 8 Regular Meeting — July 9, 2013 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 (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 The Mayor introduced the above - mentioned Proposed Resolution. e ao Y P The motion was made by Councilmember Thomas and seconded by Councilmember Freeman that Proposed Resolution No. 17756 be adopted. Housing Director Beverly Freeman appeared before the City Council to answer inquiries regarding the above - mentioned agreement. Proposed Resolution No. 17756 was adopted becoming Resolution No. 13 -301. Voting Yes: Mayor Prince; Mayor Pro Tem Williamson; Councilmember Scott, Segler, Albright, Troy, Lewis, Freeman and Thomas. Voting No: None. The caption of Resolution No. 13 -301 reads as follows: RESOLUTION NO. 13 -301 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 (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 The Mayor introduced the above - mentioned Proposed Resolution. Upon the motion of Councilmember Albright, seconded by Mayor Pro Tem Williamson and carried, Proposed Resolution No. 17766 was removed from the agenda. Voting Yes: Mayor Prince; Mayor Pro Tem Williamson; Councilmember Scott, Segler, Albright, Troy, Lewis, Freeman and Thomas. Voting No: None. 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 City Council Minutes 9 Regular Meeting — July 9, 2013 The above - mentioned item was held until after Executive Session. (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 The Mayor introduced the above - mentioned Proposed Resolution. Upon the motion of Councilmember Thomas, seconded by Mayor Pro Tem Williamson and carried, Proposed Resolution No. 17757 was adopted becoming Resolution No. 13- 302. Voting Yes: Mayor Prince; Mayor Pro Tem Williamson; Councilmember Scott, Segler, Albright, Troy, Lewis, Freeman and Thomas. Voting No: None. The caption of Resolution No. 13 -302 reads as follows: RESOLUTION NO. 13 -302 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 The Mayor introduced the above - mentioned Proposed Resolution. Upon the motion of Mayor Pro Tem Williamson, seconded by Councilmember Thomas and carried, Proposed Resolution No. 17758 was adopted becoming Resolution No. 13- 303. Voting Yes: Mayor Prince; Mayor Pro Tem Williamson; Councilmember Scott, Segler, Albright, Troy, Lewis, Freeman and Thomas. Voting No: None. The caption of Resolution No. 13 -303 reads as follows: RESOLUTION NO. 13 -303 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 (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 Council Minutes 10 Regular Meeting — July 9, 2013 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 The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Councilmember Thomas and seconded by Mayor Pro Tem Williamson that Proposed Resolution No. 17759 be adopted. Councilmember Albright left the Regular Meeting.. Human Resource /Parks & Recs Director Albert Thigpen appeared before the City Council to answer inquiries regarding the above - mentioned contract. Proposed Resolution No. 17759 was adopted becoming Resolution No. 13 -304. Voting Yes: Mayor Prince; Mayor Pro Tem Williamson; Councilmember Scott, Segler, Troy, Lewis, Freeman and Thomas. Voting No: None. The caption of Resolution No. 13 -304 reads as follows: RESOLUTION NO. 13 -304 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 $4,2 FUNDING: PARKS DIVISION, FY 2013 BUDGET, ACCOUNT NO. 001 -1207- 531.31 -0 (5) P.R. No. 17 — A Resolution Awarding A Mowing Contract With Joey's Tractor Service Of Port Arthur, Texas, For Group 5 And 9; Said Contract Is For Mowing Various City Propert ies, 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 The Mayor introduced the above - mentioned Proposed Resolution. Upon the motion of Councilmember Williamson, seconded by Councilmember Freeman and carried, Proposed Resolution No. 17760 was adopted becoming Resolution No. 13- 305 Voting Yes: Mayor Prince; Mayor Pro Tem Williamson; Councilmember Scott, Segler, Albright, Troy, Lewis, Freeman and Thomas. Voting No: None. The caption of Resolution No. 13 -305 reads as follows: RESOLUTION NO. 13 -305 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, City Council Minutes 11 Regular Meeting — July 9, 2013 FY 2013 BUDGET, ACCOUNT NO. 001 -1207- 531.31 -00 (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 The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Councilmember Williamson and seconded by Councilmember Thomas that Proposed Resolution No. 17765 be reconsidered. The motion was made by Councilmember Williamson and seconded by Councilmember Thomas that Proposed Resolution No. 17765 be amended as follows: Total Safety has requested Change Order 1 to extend the Agreement for an additional (45) days from July 17, 2013 to August 17, 2013 due to additional work being done at 501 Procter, as denoted in Exhibit "A ". Voting Yes: Mayor Prince; Mayor Pro Tem Williamson; Councilmember Scott, Segler, Albright, Troy, Lewis, Freeman and Thomas. Voting No: None. The motion to amend Proposed Resolution No. 17765 carried. Proposed Resolution No. 17765 was adopted, as amended, becoming Resolution No. 13 -306. Voting Yes: Mayor Prince; Mayor Pro Tem Williamson; Councilmember Scott, Segler, Albright, Troy, Lewis, Freeman and Thomas. Voting No: None. The caption of Resolution No. 13 -306 reads as follows: RESOLUTION NO. 13 -306 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 B. Ordinances — None C. Reports and Recommendations (1) Report On Grass Cutting Health Director Judith Smith gave the above - mentioned report. The City Council recessed their meeting at 11:34 a.m. and reconvened their meeting at 1:15 p.m. with the following members present: Mayor Prince; Mayor Pro Tem Williamson; Councilmembers Scott, Segler, Troy, Lewis and Thomas; City Manager Johnson; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Blanton. City Council Minutes 12 Regular Meeting — July 9, 2013 (2) Report On Future Plans For Pleasure Island (Requested By Councilmember Thomas) Pleasure Island Director Jimmy Dike gave the above - mentioned report. (3) Report On Cost Of Maintaining The Bird Sanctuary On Lake Arthur Drive (Requested By Councilmember Thomas) Human Resource Director Albert Thigpen gave the above - mentioned report. Port Arthur Police Chief Mark Blanton appeared before the City Council to answer inquiries regarding the above - mentioned bird sanctuary. Councilmember Williamson left the Regular Meeting. (4) Report /Update On Wrecker Service Ordinance (Requested By Councilmember Thomas) Port Arthur Police Chief Mark Blanton and Port Arthur Police Lieutenant Steve Brinson gave the above - mentioned report. Councilmember Williamson returned to the Regular Meeting. The City Council requested a workshop during the next City Council meeting regarding the amendment of the wrecker ordinance. (5) Report On The Impact Of Lowering The Tax Rate (Requested By Councilmember Freeman) Finance Deborah Echols gave the above - mentioned report. VIII. REPORTS OF BOARDS & COMMITTEES — None IX. *CLOSED MEETING (EXECUTIVE SESSION) 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 (ET)) (3) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Manager The City Council recessed their meeting at 3:27 p.m. to meet in Executive Session to consider the above - mentioned topics, and reconvened their meeting at 4:48 p.m. with the following members present: Mayor Prince; Mayor Pro Tem Williamson; Councilmembers Scott, Troy, Lewis and Thomas; City Manager Johnson; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Blanton. VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT (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 The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Councilmember Thomas and seconded by Councilmember Troy that Proposed Resolution No. 17752 be adopted with the following language read into the record by Councilmember Lewis: City Council Minutes 13 Regular Meeting — July 9, 2013 The City Manager's salary shall be $159,650. Texas Munic /pal League Retirement System contribution to that plan will be 5% of the City Manager's salary and the City will match that contribution on a 2 to 1 basis. Effective January 1, 2014. The City will also contribute an annual amount of $3,300 to a pension fund designated by the City Manager. Proposed Resolution No. 17752 was adopted, with the above - mentioned language added, becoming Resolution No. 13 -307. Voting Yes: Mayor Pro Tem Williamson; Councilmember Scott, Troy, Lewis and Thomas. Voting No: Mayor Prince. The caption of Resolution No. 13 -307 reads as follows: RESOLUTION NO. 13 -307 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 IX. ADJOURNMENT OF MEETING Upon the motion by Councilmember Thomas, seconded by Councilmember Williamson and carried unanimously, the City Council adjourned their meeting 4:51 p.m. An audio -tape of this meeting is on file in the office of the City Secretary and is made a part of the official minutes of this meeting. MAYOR DELORIS "BOBBIE" PRINCE ATTEST: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD July 9, 2013 • APPROVED City Council Minutes 14 Regular Meeting — July 9, 2013