Loading...
HomeMy WebLinkAbout01-21-14 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR cn, ic = FLOYD T. JOHNSON ROBERT E. WILLIAMSON, MAYOR PRO TEM City of < " -' CITY MANAGER COUNCIL MEMBERS: . 1' A SHERRI BELLARD RAYMOND SCOTT, JR. CITY SECRETARY ELIZABETH "LIZ" SEGLER art l' t /1 ll ..- MORRIS ALBRIGHT VAL TIZENO ROBERT TROY Tt' t "[t ` CITY ATTORNEY WILLIE "BAE" LEWIS, JR DERRICK FREEMAN KERRY "TWIN" THOMAS AG E N DA City Council Regular Meeting January 21, 2014 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 (409) 983-8115. 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 JANUARY 21, 2014 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 January 07, 2014 Special Executive Meeting January 07, 2014 Regular Meeting January 13, 2014 Special Meeting III. PETITIONS & COMMUNICATIONS A. Speakers — None AGENDA JANUARY 21, 2014 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) Freese And Nichols, Inc., Regarding The Completion Of The Implementation Of The Enterprise GIS Implementation Program — Phase I, Pursuant To Resolution No. 13 -229 (2) Mary Essex, Grants Program Administrator, Regarding The Allocation Of 2014 Community Development Block Grant Funds (3) Deborah Echols, Finance Director, Regarding The Financial Report September, August, July, 2013 (4) Port Arthur Economic Development Corporation (PAEDC), Regarding The 501 Procter Street Redevelopment Project C. Employee Recognition Amelia Miller, Certified As An Animal Control Officer D. Correspondence — None IV. PUBLIC HEARINGS — 9:00 A.M. (1) To Consider Whether To Approve The Construction Of The Development Of 104 Units And The Allocation Of Housing Tax Credits Through The Private Activity Bond Program To Be Located At 3501 12 Street To Be Known As Edison Square A Precise Drawing And Description Of This Property Will Be Presented At The Public Hearing And Can Be Examined In The City Planning Department, City Hall, Port Arthur, Texas 2 AGENDA JANUARY 21, 2014 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. 18078 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation To Implement A Community Pre - Employment Program For The Residents Of The City Of Port Arthur Via HB 1967 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 — None Resolutions — Consent (1) P.R. No. 18022 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $6,695.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Damage To The Security Fence And Automatic Sliding Gate At The Water Service Center (111 H.O. Mills Blvd.) (2) P.R. No. 18033 — A Resolution Authorizing The City Manager To Execute The Second Year Of A Three Year Renewable Contract Between The City Of Port Arthur And Triangle Waste Solutions Of Port Arthur, Texas, For Leachate Hauling At The City Landfill For A Fee Of $53.35 Per Hour In The Not To Exceed Amount Of $100,000.00. Funding Is Available In Account No. 403 -1274- 533.51 -01 AGENDA JANUARY 21, 2014 VI. CONSENT AGENDA — CONTINUED (3) P.R. No. 18077 — A Resolution Authorizing The City Manager To Execute A Contract Between The City And LLB Construction, LLC, Of Port Arthur, Texas, For Site Preparation And Reconstruction Of Four (4) Homes In The Amount Of $390,466.18, Account Number 108- 2141- 626.59 -00, Project Numbers HE1002 And HE1202 (4) P.R. No. 18080 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Entering Into A One -Time Fee Agreement In An Amount Not To Exceed $90,000.00 With Time Warner Cable To Provide Ethernet And Dedicated Internet Access Service To Serve The Spur 93 Business Park (5) P.R. No. 18083 — A Resolution Accepting A Water Utilities Easement From GG&A Central Mall Partners, L.P., A Delaware Limited Partnership, For The Construction, Installation, Laying, And Maintaining Of Water Utilities On Their Property At 3260 FM Hwy 365 In The City Of Port Arthur (6) P.R. No. 18091 — A Resolution Amending Resolution No. 13 -554, As It Pertains To Category H (Event Laborer At The Civic Center) Of The Contract Between The City Of Port Arthur And Lofton Staffing Of Beaumont, Texas, And Authorizing A Contract With Silva Solutions, LLC Of Nederland, Texas, For Category H (Event Laborer At The Civic Center) In An Amount Not To Exceed $10,000.00. Funding Available In Account No. 001- 1061 - 518.14 -00 (7) P.R. No. 18095 — A Resolution Authorizing The City Manager To Execute A Loan Agreement Between The City Of Port Arthur And Cedrena Clayton, Homeowner, For Participation In The City Of Port Arthur's Owner Occupied Housing Assistance Rehabilitation And Reconstruction Program (8) P.R. No. 18107 — A Resolution Authorizing Revisions To The City's Owner Occupied Housing Assistance Rehabilitation And Reconstruction Program Guidelines (9) P.R. No. 18109 — A Resolution Authorizing An Amendment To The 2013 Community Development Block Grant Budget For Catholic Charities' Hospitality Center 4 AGENDA JANUARY 21, 2014 VI. CONSENT AGENDA — CONTINUED (10) P. R. No. 18113 — A Resolution Awarding A Bid And Authorizing The Execution Of A Mowing Contract Between The City Of Port Arthur And Amelia Lawn Care & Landscaping Of Groves, Texas, For Mowing Various City Properties, Parks And Rights -Of -Way In The City Designated As Group 1, In An Amount Not To Exceed $8,512.00. Parks Division, FY 2014 Budget Account No. 001 -1207- 531.31 -00 (11) P.R. No. 18115 — A Resolution Authorizing The Submission Of Contract Amendment Number 2 For The Hurricane Ike Disaster Contract 2.1 Between The City Of Port Arthur And The Texas General Land Office, Contract Number 12- 449 - 000 -6539 (12) P.R. No. 18116 — A Resolution Authorizing The Submission Of Contract Amendment Number 1 For The Community Development Funds Contract Between The City Of Port Arthur And The Texas General Land Office, Contract Number 13- 339 - 000 -7653 (Hurricane Ike Recovery Round 2.2) (13) P.R. No. 18117 — A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur And Leslie McMahen, P.E., To Provide Contract Services For The City's Department Of Public Works (14) P. R. No. 18118 — A Resolution Awarding A Bid And Authorizing The Execution Of A Mowing Contract Between The City Of Port Arthur And T &S Lawn Service Of Port Arthur, Texas, For Mowing Various City Properties, Parks And Rights -Of -Way In The City Designated As Group 2, In An Amount Not To Exceed $6,400.00. Parks Division, FY 2014 Budget, Account No. 001 -1207- 531.31 -00 (15) P.R. No. 18120 — A Resolution Awarding A Bid And Authorizing The Execution Of A Mowing Contract Between The City Of Port Arthur And DMJ Landscaping Of Port Arthur, Texas, For Mowing Various City Properties, Parks And Rights -Of -Way In The City, Designated As Group 3B, In An Amount Not To Exceed $16,000.00. Parks Division, FY 2014 Budget, Account No. 001- 1207- 531.31 -00 5 AGENDA JANUARY 21, 2014 VI. CONSENT AGENDA — CONTINUED (16) P. R. No. 18121 - A Resolution Awarding A Bid And Authorizing The Execution Of A Mowing Contract Between The City Of Port Arthur And Ed Lawn Service Of Port Arthur, Texas, For Mowing Various City Properties, Parks And Rights -Of -Way In The City Designated As Group 5, In An Amount Not To Exceed $8,000.00, And Group 9 In An Amount Not To Exceed $4,000.00. Funding: Parks Division, FY 2014 Budget, Account No. 001- 1207 - 531.31 -00 (17) P. R. No. 18122 — A Resolution Awarding A Bid And Authorizing The Execution Of A Mowing Contract Between The City Of Port Arthur And Calvin White Of Port Arthur, Texas, For Mowing Various City Properties, Parks And Rights -Of -Way In The City, Designated As Group 6 In An Amount Not To Exceed $12,480.00. Parks Division, FY 2014 Budget, Account No. 001 - 1207 - 531.31 -00 (18) P. R. No. 18124 — A Resolution Awarding A Bid And Authorizing The Execution Of A Mowing Contract Between The City Of Port Arthur And Joey's Tractor Service Of Port Arthur, Texas, For Mowing Various City Properties, Parks And Rights -Of -Way In The City, Designated As Group 11 In An Amount Not To Exceed $3,920.00. Parks Division, FY 2014 Budget, Account No. 001 -1207- 531.31 -00 (19) P. R. No. 18125 — A Resolution Awarding A Bid And Authorizing The Execution Of A Mowing Contract Between The City Of Port Arthur And U.S. Lawns Of Beaumont, Texas, For Mowing Various City Properties, Parks And Rights -Of -Way In The City, Designated As Group 12 In An Amount Not To Exceed $8,320.00. Parks Division, FY 2014 Budget, Account No. 001 - 1207 - 531.31 -00 (20) P.R. No. 18133 — A Resolution Authorizing The City Manager To Execute Amendment No. 002 To The Contract With Brown Reynolds Watford Architects, Inc., Of College Station, Texas, Extending The Contract Time From January 31, 2014, To December 31, 2014, For Design And Related Professional Services For A New Administrative Building For The Port Arthur Transit Department, With No Change To The Contract Amount 6 AGENDA JANUARY 21, 2014 VI. CONSENT AGENDA — CONTINUED (21) P.R. No. 18134 — A Resolution Scheduling Public Hearings To Review The Juvenile Curfew Ordinance (22) P.R. No. 18135 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 Between The City Of Port Arthur And Excavators & Constructors, LTD., And Change Order No. 2 With The General Land Office (GLO) For The Highway 87 Water Transmission Line Project, Increasing The Contract Amount By $23,760.00, To A New Total Of $2,406,749.00; And Increasing The Contract Time By Twelve (12) Days, Due To Rain Delays, To A New Time Of 282 Days. Project No 121SPW, 144 - 1201 - 532.59 -00 (23) P.R. No. 18136 — A Resolution Authorizing The City Manager To Execute A Contract With Casco Industries Of Houston, Texas, For Firefighting Protective Coats And Trousers, In An Amount Not To Exceed $53,500.00 Funding From Account No. 001 -1121- 522.26 -00 (24) P.R. No. 18137 — A Resolution Authorizing The City Manager To Execute A Contract For The Purchase Of Certain Uniform Items For The Fire Department From Rad Graphics Of Nederland, Texas, In An Amount Not To Exceed $6,230.00; Funding Available In Account 001 - 1121 - 522.26 -00 (25) P. R. No. 18138 — A Resolution Authorizing The City Manager To Execute An Agreement With SCS Engineers Of Bedford, Texas, For Calendar Year 2014 Air Quality Reporting Compliance Services, In An Amount Not To Exceed $9,000.00; Funds Are Available In Account Number 403 - 1274 - 533.54 -00 (26) P.R. No. 18139 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (27) P.R. No. 18141 — A Resolution Authorizing The City To Enter Into An Agreement With Freese And Nichols, Inc., For The Implementation Of The Enterprise GIS Implementation Program — Phase II, In The Not To Exceed Amount Of $300,000.00. Funding Is Available In Account Numbers 001- 1050 - 517.54 -00 and 001- 1051- 5170.54 -00 AGENDA JANUARY 21, 2014 VI. CONSENT AGENDA — CONTINUED (28) P.R. No. 18148 — A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And Mitchell Fontenote, CPA For The Provision Of Accounting Services For The Finance Department 001- 1032 - 515.54 -00 For An Amount Not To Exceed $25,000.00 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT A. Resolutions (1) P.R. No. 17838 — A Resolution Appointing And /Or Reappointing A Member Or Members To The Port Arthur Youth Advisory Council (2) P. R. No. 18119 — A Resolution Awarding A Bid And Authorizing The Execution Of A Mowing Contract For Mowing Various City Properties, Parks And Rights -Of -Way In The City, Designated As Group 3A In An Amount Not To Exceed $17,600.00. Parks Division, FY 2014 Budget, Account No. 001- 1207- 531.31 -00 (3) P.R. No. 18123 - A Resolution Awarding A Bid And Authorizing The Execution Of A Mowing Contract For Mowing Various City Properties, Parks And Rights -Of -Way In The City Designated As Group 10, In An Amount Not To Exceed $5,600.00 Proposed Funding: Parks Division, FY 2014 Budget, Account No. 001 -1207- 531.31 -00 (4) P.R. No. 18142 — A Resolution Authorizing The City Manager To Submit An Application To The Texas Department Of Transportation (TXDOT) For Fiscal Year 2014 Section 5310 Enhanced Mobility Of Seniors And Individuals With Disabilities Funding For The Purchase Of A Paratransit Bus For Port Arthur Transit (5) P. R. No. 18150 — A Resolution Appointing And /Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Councilmember Thomas) 8 AGENDA JANUARY 21, 2014 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT CONTINUED (6) P.R. No. 18151 — A Resolution From The City Council Of The City Of Port Arthur Confirming No Objection To The Submission Of An Application For Housing Tax Credits To The Texas Department Of Housing And Community Affairs For A Development Financed Through The Private Activity Bond Program Containing No More Than 104 Units To Be Located At 3501 12 Street To Be Known As Edison Square B. Ordinances (1) P.O. No. 6362 — An Ordinance Providing For The Conduct Of The May 10, 2014 General Election For The Purpose Of Electing Six (6) Councilmembers, In The City Of Port Arthur, Texas; And Providing For A Joint Election With The Port Arthur Independent School District, The Sabine Pass Independent School District, And The Sabine Pass Port Authority In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice Una Ordenanza Que Provee Para La Conducta De La Eleccion General Del 10 De Mayo 2014 Con El Proposito De Elegir A Seis (6) Miembros Del Consejo Municipal En La Ciudad De Port Arthur, Texas; Y Que Provee Para Una Election Junto Con El Distrito Escolar De Port Arthur, El Distrito Escolar De Sabine Pass, El Autoridad Del Puerto De Sabine Pass Acuerdo Al Capitulo 271 Del Codigo De Elecciones De Texas, Y Que Provee Para La Publicacion De Este Aviso. (2) P.O. No. 6363 — An Ordinance Authorizing The Sale Of Surplus Furniture /Minor Equipment, Vehicles, Equipment, Or Heavy Equipment By A Public Online Auction Through Rene Bates Auctioneers, Inc. 9 AGENDA JANUARY 21, 2014 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 With Regard To Property Located Along Highway 87 (2) Section 551.071 Government Code — To Discuss With The City Attorney Pending Litigation With Daimler Chrysler (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 Against GADV Inc. DBA L & L Contractors Of Beaumont, Texas (5) Section 551.072 Government Code - To Discuss The Value Of The Land At 3451 57 Street (6) Section 551.071 Government Code — To Discuss A Potential Lawsuit Against A Councilmember (Requested By Councilmember Lewis) *The Items In Executive Session May Be Discussed And Acted Upon In Open Session 10 AGENDA JANUARY 21, 2014 IX. ADJOURNMENT OF MEETING ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** NOTE: If The Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On January 22, 2014. 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, AN In Accordance With The Open Meetings Law ******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 11 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, Disorder /y 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.