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Home My WebLink AboutPOST 11.26.13 REGULAR MEETING POST AGENDA City Council Meeting City Hall Council Chamber City Of Port Arthur NOVEMBER 26, 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 November 12, 2013 Special Executive Meeting - APPROVED November 12, 2013 Regular Meeting - APPROVED November 14, 2013 Special Meeting - APPROVED November 19, 2013 Special Meeting - APPROVED November 21, 2013 Special Meeting - APPROVED November 22, 2013 Special Meeting - APPROVED A. Speakers — None AGENDA NOVEMBER 26, 2013 III. PETITIONS & COMMUNICATIONS B. Presentations (1) KCS Holiday Express Train Committee Regarding The KCS Holiday Express Train Visit To Port Arthur — November 29, 2013 (2) Presentation By Arthur Thomas, Texas Gas Service Area Manager C. Employee Recognition - None D. Correspondence - None IV. PUBLIC HEARINGS — 9:00 A.M. (1) To Discuss And Review Plans For The Proposed Annexation Of The Properties Of Atofina /BASF /Sabina (BTP), BASF (Old Sandoz), BASF /BASF Corp /BASF Fina/TOTAL (BTP), Chevron Phillips, Chevron USA, FHR PA (Flint Hills), Ineos Phenol, Oxbow Calcining, PA Steam Energy, Praxair (Located On The Property Of The Motiva Port Arthur Refinery), Valero (Premcor: Hydrotreater Refinery Expansion), Valero (Premcor: Tier II), Valero (Premcor: Refinery And HOUP), TOTAL, Veolia, Air Products, And GT Omniport Which Includes But Is Not Limited To The Properties That Were Subject To The "In Lieu Of Tax" And "Industrial Agreements" As Delineated Below: The Following Companies Have "In Lieu Of Tax" Agreements Or "Industrial District Agreements" With The City Of Port Arthur That Expire On December 31, 2013. These Properties Are The Subject Of The Public Hearings: • Atofina /BASF /Sabina (BTP) • BASF (Old Sandoz) • BASF /BASF Corp /BASF Fina/TOTAL (BTP) • Chevron Phillips • Chevron USA • FHR PA (Flint Hills) • Ineos Phenol • Oxbow Calcining 2 AGENDA NOVEMBER 26, 2013 IV. PUBLIC HEARING - CONTINUED • Port Arthur Steam Energy • Praxair (Located On The Property Of The Motiva Port Arthur Refinery) Res. No.10 -528. • (Valero)Premcor: Hydrotreater Refinery Expansion (Res. No. 08 -494). • (Valero) Premcor: Tier II (Res. No. 08 -494). • (Valero) Premcor: Refinery And HOUP Res. No. 08 -494. • Total • Veolia • Air Products (Located On The Property Of The Premcor Refining Group, Inc. [Valero]) • GT Omniport: GT Omniport Owns A Facility That Is Located In The City's Extraterritorial Jurisdiction (ETJ), Which Is Being Considered For Annexation. • Praxair: Praxair Operates A Second Facility That Is Located On Property Owned By Premcor Refining Group, Inc. [Valero]) That Is Located In The City's Extraterritorial Jurisdiction (ETJ), Which Is Being Considered For Annexation. And; Entergy Has Metering Locations And Substations In The City's Extraterritorial Jurisdiction (ETJ) And In These Industrial Areas That The City Seeks To Annex; The City Of Port Arthur Desires To Annex The Properties As Described Above That Are Located In The Extraterritorial Jurisdiction Of The City As Well As The Necessary Adjacent Land To Connect Thereto So That The Annexed Property Will Be Contiguous To The Existing Corporate Limits And At Least 1000' In Width As Delineated In The Map And Following Legal Descriptions. AGENDA NOVEMBER 26, 2013 IV. PUBLIC HEARING - CONTINUED (2) To Consider Comments Concerning The Adoption Of An Ordinance To Participate In The Texas Enterprise Zone Program And To Consider The Nomination Of The Premcor Refining Group, Inc., Located At 1801 South Gulfway Drive, Port Arthur, Texas 77640 To The Office Of The Governor Economic Development And Tourism As A Double Jumbo Texas Enterprise Project. Possible Tax Incentives Or Other Incentives To Be Offered To Projects Within The City Of Port Arthur Will Be Discussed At The Meeting V. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: None. 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: MA Voting Yes: 8 Voting No: 0 W /O: RT ADOPTED 4 AGENDA NOVEMBER 26, 2013 VI. CONSENT AGENDA — CONTINUED (A) Expense Reports (1) Mayor Deloris "Bobbie" Prince: SETX Regional Planning Commission Meeting Beaumont, Texas, November 20, 2013 $27.93 (2) Councilmember Willie "Bae" Lewis, Jr.: National League Of Cities Conference Seattle, Washington, November 13 - 16, 2013 $2,851.87 PULLED Motion: RW Second: WL Voting Yes: 8 Voting No: 0 W /O: RT ADOPTED Resolutions — Consent (1) P.R. No. 17762 — A Resolution Authorizing The City Manager To Execute A Contract With Nelson Collaborative Of Houston, Texas, For The Design And Construction Management Of The Restoration Of Historic Rose Hill Phase One (1) In An Amount Not To Exceed $51,200; Funding: 001- 1402 - 551.54 -00 PULLED Motion: MA Second: KT Motion To Remove: MA Second: RW Voting Yes: 8 Voting No: 0 W /O: RT REOMOVED i 5 AGENDA NOVEMBER 26, 2013 VI. CONSENT AGENDA - CONTINUED (2) P.R. No. 17790 — A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And L & L General Contractors Of Beaumont, Texas, For The Construction Of The Pleasure Island Recreation Corridor Trail, Section 2 Project In The Amount Of $90,611.00 PULLED Motion: MA Second: RW Voting Yes: 8 Voting No: 0 W /O: RT ADOPTED Resolution No: 13 -586 (3) P.R. No. 17893 — A Resolution Ratifying The Jefferson County Commissioners' Court Action To Waive The Penalties And Interest In The Amount Of $76.99 And Accept The Payment Of $318.04 Per Section 33.011 Of The State Property Tax Code Resolution No: 13 -566 (4) P.R. No. 17921 — A Resolution Approving Payment In The Amount Of $46,553.95 For The TCEQ Annual Water System Fee For The City Of Port Arthur. Account No. 410 -1252- 532.59 -01 Resolution No: 13 -567 (5) P.R. No. 18009 — A Resolution Authorizing The Purchase Of Radio System Upgrades From Motorola Solutions Of Farmers Branch, Texas, With H -GAC Pricing In The Amount Of $1,010,000.00; Funding Available In Account 107 -1118- 521.92 -00 Project Number PS0019 Resolution No: 13 -568 6 AGENDA NOVEMBER 26, 2013 VI. CONSENT AGENDA - CONTINUED (6) P.R. No. 18031 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And MK Constructors, Of Vidor, Texas, Increasing The Contract Amount By $3,900.00 To A New Contract Amount Of $1,928,800.00. Project No. I21GST, Account No. 144- 1201 - 532.85- 00 Resolution No: 13 -569 (7) P.R. No. 18032 — A Resolution Authorizing The City Manager To Enter Into A Ten Year Interlocal Agreement For Computerized Library Services With The City Of Houston (Houston Area Library Automated Network /Halan) To Provide Computer Services To The Port Arthur Public Library In The Not To Exceed Amount Of $50,000.00 Annually. Funding Available In Account No. 001 -1403- 551.59 -00 PULLED Motion: KT Second: DF Voting Yes: 8 Voting No: 0 W /O: RT ADOPTED Resolution No: 13 -587 (8) P.R. No. 18034 — A Resolution Authorizing The Purchase Of Three (3) 3 /4 -Ton Diesel Utility Trucks For The Utility Operations Department From Philpott Motors, Of Nederland, Texas, Through Buyboard, In The Total Amount Of $106,152.25. Funds Are Available In Account No. 625 -1801- 532.93 -05, And 625 -1808- 532.93 -03 Resolution No: 13 -570 i AGENDA NOVEMBER 26, 2013 VI. CONSENT AGENDA - CONTINUED (9) P.R. No. 18035 — A Resolution Authorizing The Purchase Of Two (2) 1 /2 -Ton Extended Cab Pickups For The Utility Operations Department From Philpott Motors, Of Nederland, Texas, Through Buyboard, In The Total Amount Of $49,179.50. Funds Are Available In Account Nos. 625 - 1801 - 532.93 -05 & 625 -1801- 532.93 -03 Resolution No: 13 -571 (10) P.R. No. 18036 — A Resolution Authorizing The Second And Final Year For The Contract Between The City Of Port Arthur And Double W Services, L.L.C. Of Meridian, Texas For The Repairing /Refurbishing Refuse Containers On A Unit Cost Basis, For A Not To Exceed Amount Of $50,000.00. Account No. 403 -1273- 533.59 -00 Resolution No: 13 -572 (11) P.R. No. 18037 — A Resolution Authorizing The Purchase Of One 4x2 Super Duty Crew Cab Truck With Dump Body For The Utility Operations Department From Philpott Motors, Of Nederland, Texas, Through Buyboard, In The Total Amount Of $51,117.75. Funds Are Available In Account No. 625 - 1801 - 532.93 -03 Resolution No: 13 -573 (12) P.R. No. 18038 — A Resolution Authorizing The Purchase Of A Mini Excavator For The Utility Operations Department From Waukesha - Pearce Industries, Inc. (Thru Buyboard), Of Port Arthur, Texas, In The Total Amount Of $32,973.00. Funds Are Available In Account No. 625 -1801- 532.93 -03 Resolution No: 13 -574 8 AGENDA NOVEMBER 26, 2013 VI. CONSENT AGENDA - CONTINUED (13) P.R. No. 18039 — A Resolution Authorizing The Purchase Of Two (2) Sewer fetter Trucks For The Utility Operations Department From Rush Truck Center Texarkana, Of Nash, Texas, Through Buy Board, In The Total Amount Of $233,663.38. Funds Are Available In Account No. 625 - 1801 - 532.93 -05 Resolution No: 13 -575 (14) P.R. No. 18040 — A Resolution Authorizing The Purchase Of One Combination Sewer Cleaner (Vactor) Truck For The Utility Operations Department From Freightliner Of Austin, Of Austin, Texas, Through Buy Board In The Total Amount Of $331,832.00. Funds Are Available In Accounts No. 625 - 1801- 532.93 -05 Resolution No. 13 -576 (15) P.R. No. 18042 — A Resolution Authorizing Payment Of An Invoice For $31,080.00 For FY 2014 Computer Services From The Houston Area Library Automated Network (HALAN) (Account No. 001 -1403- 551.59 -00) Resolution No: 13 -577 (16) P.R. No. 18043 — A Resolution Authorizing The Purchase Of Two (2) New Holland TS6 Tractors With Alamo 22' Boom Mower Attachments From Lansdowne -Moody Co., L.P., Of Houston, Texas, Through H -GAC In The Amount Of $332,544.76. Account 625- 1801- 531.93 -04 PULLED Motion: RW Second: DF Motion To Amend: RW Second: MA Voting Yes: 8 Voting No: 0 W /O: RT ADOPTED AS AMENDED Resolution No: 13 -588 9 AGENDA NOVEMBER 26, 2013 VI. CONSENT AGENDA - CONTINUED (17) P.R. No. 18045 — A Resolution Approving Payment In The Amount Of $85,906.58 For The TCEQ Annual Consolidated Water Quality Assessment Fees For All Three (3) Wastewater Treatment Facilities In The City Of Port Arthur. Account No. 410 - 1256 - 532.59 -01 Resolution No: 13 -578 (18) P.R. No. 18046 - A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $14,311.33 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Police Vehicle #1953 Resolution No: 13 -579 (19) P.R. No. 18047 — A Resolution Authorizing The Acceptance Of The Sub - Recipient Awards For The 2013 State Homeland Security Grant Program (SHSP) And The 2013 State Homeland Security Grant Program Law Enforcement Terrorism Prevention Activities (SHSP- LETPA) Projected At $27,676.00 Resolution No: 13 -580 (20) P.R. No. 18049 — A Resolution Authorizing The City Manager To Enter Into A Professional Services Contract With Ascende, Inc., To Provide Administrative Services For The 2014 Retirees Drug Subsidy (RDS) Filing At A Cost Of $17,500.00; Fund No. 614 -1701- 583.54 -00 Health Insurance Fund Resolution No: 13 -581 (21) P.R. No. 18051 — A Resolution Authorizing The Final Payment In The Amount Of $342,994.90 For The Contract Between The City Of Port Arthur And L. D. Kemp Excavating, Inc., Of Fort Worth, Texas, For The Cell 48 Liner And Drainage Improvements At The City Of Port Arthur Landfill. Funding Available In Account CIP302, 303- 1601- 591.89 -00 Resolution No: 13 -582 / 10 / AGENDA NOVEMBER 26, 2013 VI. CONSENT AGENDA - CONTINUED (22) P.R. No. 17852 — A Resolution Authorizing SCS Engineers Of Bedford, Texas, Request For Additional Payment Of $24,850.00 Due To The Increase Of The Scope Of Work For Engineering Services Associated With The Design, Permitting, And Construction Of The Cell 48 Liner System At The City Of Port Arthur Landfill. Funding Available In Account 403 - 1274 - 533.54 -00 PULLED Motion: WL Second: DF Motion To Amend: DF Second: RW Voting Yes: 8 Voting No: 0 W /O: RT ADOPTED AS AMENDED Resolution No: 13 -589 (23) P.R. No. 18053 — A Resolution Authorizing The Calling Of A Public Hearing To Consider Whether Or Not Public Convenience And Necessity Require The Operation Of Proposed Wrecker Business, I. E., Opie's Towing & Transport Resolution No: 13 -583 (24) P.R. No. 18055 — A Resolution Authorizing The City Manager To Execute Change Order No. 3 To The Contract Between The City Of Port Arthur And Basco Construction, Inc., For The Renovation To The Port Arthur Armory-Phase I, Increasing The Contract Term By 33 Days To A New Term Of 125 Days And Increasing The Contract Amount By $1,483.00 To A New Amount Of $147,659.00. Account No. 306 -1606- 591.59 PULLED Motion: WL Second: RS Voting Yes: 8 Voting No: 0 W /O: RT ADOPTED Resolution No: 13 -590 11 AGENDA NOVEMBER 26, 2013 VI. CONSENT AGENDA - CONTINUED (25) P.R. No. 18056 — A Resolution Authorizing The Calling Of A Public Hearing On Tuesday December 10, 2013 At 6:00 P.M. To Consider Whether Or Not To Issue A Major Pipeline Permit To Sunoco Pipeline, L. P., Of Sugar Land, Texas, For The Installation Of A Thirty Inch (30 ") Crude Pipeline Within The City Limits Of Port Arthur, Texas PULLED Motion: WL Second: RW Voting Yes: 8 Voting No: 0 W /O: RT ADOPTED Resolution No: 13 -591 (26) P.R. No. 18057 — A Resolution Authorizing The Purchase Of One (1) 12 -14 Yard Dump Truck For The Utility Operations Department From Buyboard, Through Freightliner Of Austin, Of Austin, Texas, In The Total Amount Of $97,240.00. Funds Are Available In Account No. 625 - 1801- 532.93 -02 Resolution No: 13 -584 (27) P.R. No. 18061 — A Resolution Authorizing The Amendment To Blanket Purchase Order No. 169795 For Providing And Hauling Of Soils For The Public Works Department Landfill Division With Redwine Enterprises, Inc., To An Amount Not To Exceed $841,983.02. Funds Are Available In Account No. 403- 1274 - 533.59- 02 Resolution No: 13 -585 i 12 AGENDA NOVEMBER 26, 2013 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT A. Resolutions (1) P.R. No. 17829 — A Resolution Appointing And /Or Reappointing Member Or Members To The Wellness Committee Motion: RW Second: DF Voting Yes: 8 Voting No: 0 W /O: RT ADOPTED Resolution No: 13 -592 (2) P.R. No. 18003 — A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With Veolia Environmental Services Motion: RW Second: DF Voting Yes: 7 Voting No: 0 W /O: RT & KT ADOPTED Resolution No: 13 -593 (3) P.R. No. 18062 — A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With GT OmniPort Motion: RW Second: DF Motion To Amend: RW Seconded: DF Voting Yes: 7 Voting No: 0 W /O: RT & KT ADOPTED AS AMENDED Resolution No: 13 -594 13 AGENDA NOVEMBER 26, 2013 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT - CONTINUED B. Ordinances (1) P.O. No. 6356 — An Ordinance Of The City Council Of The City Of Port Arthur, Texas, Ordaining The City's Participation In The Texas Enterprise Zone Program Pursuant To The Texas Enterprise Zone Act, Chapter 2303, Texas Government Code ( "Act "), Providing Tax Incentives, Designating A Liaison For Communication With Interested Parties, And Nominating The Premcor Refining Group, Inc., To The Office Of The Governor Economic Development & Tourism ( "EDT ") Through The Economic Development Bank ( "Bank ") As A Double Jumbo Enterprise Project ( "Project ") Motion: DF Second: RS Voting Yes: 7 Voting No: 0 W /O: RT & WL ADOPTED Resolution No: 13 -54 (2) P.O. No. 6357 — An Ordinance Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $26,010.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Police Vehicle #1946 Motion: WL Second: MA Voting Yes: 8 Voting No: 0 W /O: RT ADOPTED Resolution No: 13 -55 (3) P.O. 6358 — An Ordinance Amending The Code Of Ordinances By Adding Section 2 -287 To Article VI As It Pertains To Requiring Lobbying Certification For Contract Documents And Incentive Agreements (Requested By Councilmember Lewis) Motion To Table: MA Second: WL Voting Yes: 8 Voting No: 0 W /O: RT TABLED i 14 AGENDA NOVEMBER 26, 2013 VIII. *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 551.071 Government Code — To Discuss With The City Attorney Potential Litigation Regarding Waterline Easements Along State Highway 87 (2) Section 551.072 Government Code — To Discuss The Value Of Land Located On Pleasure Island (3) Section 551.072 Government Code - To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (4) Section 551.071 Government Code — To Discuss With The City Attorney Potential Litigation As It Pertains To Industrial District Agreements *The Items In Executive Session May Be Discussed And Acted Upon In Open Session / 15 AGENDA NOVEMBER 26, 2013 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 November 27, 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 ******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 16