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HomeMy WebLinkAboutJANUARY 17, 2017 REGULAR MEETING DERRICK FORD FREEMAN,MAYOR BRIAN McDOUGAL RAYMOND SCOTT,JR.,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: 40/ SHERRI BELLARD,TRMC TIFFANY L.HAMILTON CITY SECRETARY MORRIS ALBRIGHT ort rt h o r KEITH RICHARD VAL TIZENO WILLIE"BAE" LEWIS,JR. i` �'1 CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AG E N DA City Council Regular Meeting January 17, 2017 8:30 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. City Council Meeting City Hall Council Chamber City Of Port Arthur January 17, 2017 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tem Scott, Jr. Councilmember Hamilton Councilmember Albright, III Councilmember Richard Councilmember Lewis, Jr. Councilmember Swati Councilmember Moses Councilmember Frank City Manager McDougal City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Melvin Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Harold L. Doucet Sr. Regarding Duties/Responsibilities Of Councilmembers (2) Warren A. Field Community Advocate Regarding Considerations When Governmental/Or City Officials Violated/Or Threaten Citizens Civil Liberties That Are Protected By The 1st Amendment Of Our Constitution AGENDA JANUARY 17, 2017 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) A Presentation By Director Of Utility Operations Antonius Pegues Regarding Delinquency Plan Update On Communication Strategy C. Employee Recognition — None D. Correspondence — None IV. PUBLIC HEARINGS — 9:00 A.M. (1) A Public Hearing To Receive Public Comment As To The Effects In The Community Of The Curfew Ordinance And As To Whether The City Should Continue, Modify Or Abolish The Curfew Ordinance (2) To Consider A Zoning Change From Heavy Commercial "HC" To Industrial "I" For Approximately 4.336 Acres Of Land Consisting Of Tract 1-A-B3, Block 3, Range "I", Sabine Pass, Jefferson County, Texas (3) To Consider Whether Or Not To Issue A Major Pipeline Permit To Northstar Port Arthur, LLC For The Installation Of A 24" Diesel Pipeline Within The City Limits Of The City Of Port Arthur, Texas V. UNFINISHED BUSINESS — 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 IPrevious 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. 2 AGENDA JANUARY 17, 2017 VI. CONSENT AGENDA — CONTINUED A. Minutes December 27, 2016 Regular Meeting B. Resolutions — Consent (1) P.R. No. 19392 — A Resolution Authorizing The City Manager To Execute Change Order No. 05 To The Contract Between The City Of Port Arthur And Allco, Inc. For The Bluebonnet Avenue Street Improvements Project, Decreasing The Contract Amount By $386,939.28 To A New Contract Amount Of $1,820,023.56. GLO Round 2.2 Program, Project No. I22BB, Account No. 145-1201- 532.59-00 (2) P.R. No. 19416 — A Resolution Authorizing The City Manager To Enter Into A Contract With Simco Enterprises, LTD., Of Groves, Texas, For The Construction Of A Parking Pad And Drainage System For The New Transit Administration Building, With A Projected Budgetary Impact Of $150,900.00; Funding Available Through The TXDOT Project Grant Agreement Section 5339 Federal Bus And Bus Facilities Program (3) P.R. No. 19464 — A Resolution Amending Resolution No. 16-248 As It Pertains To Updating The Homebuyer's Written Agreement For The Purchase Of 1742 9th Street, Port Arthur, Texas Through The City's Homebuyer Assistance Program In The Amount Of Up To $30,000.00 (4) P.R. No. 19510 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release And Contractor's Certificate Of Guarantee For The Bluebonnet Avenue Improvements Project And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas And Approval Of Final Payment In The Amount Of $61,723.74 And Retainage In The Amount Of $91,001.26 Totaling $152,725.00; GLO Round 2.2 Program, Project No. I22BB, Account No. 145-1201-532.59-00 3 AGENDA JANUARY 17, 2017 VI. CONSENT AGENDA — CONTINUED (5) P.R. No. 19525 — A Resolution Approving Payment In The Amount Not To Exceed $42,372.75 For The TCEQ Annual Public Health Service Fee For The City Of Port Arthur, Utility Operations Department Water Purification Division Account No. 410-1252- 532.59-01 (6) P.R. No. 19539 — A Resolution Authorizing The City Manager To Execute Change Order Nos. 1 Through 6 To The Contract Between The City Of Port Arthur And N&T Construction, Inc. Of Beaumont, Texas For Improvements To The Pavilion And Peoples Park, Which Increases The Contract Amount By $10,537.53, To A New Contract Total Of $844,687.53, And Increases The Time To A New Completion Date Of April 30, 2017. Funding Is Available In The Contingency Fund (7) P.R. No. 19595 — A Resolution As It Pertains To The Permit Application Of Port Arthur Recycling LLC, DBA Scrap Works (8) P.R. No. 19608 — A Resolution Authorizing The Execution Of A One Year Contract Between The City Of Port Arthur And Sun Coast Resources, Inc. Of Houston, Texas, For Dyed, Off-Road Diesel With A Projected Budgetary Impact Of $73,000.00 Per Year. Funding Is Available In Account No. 403-1273-533.24-00, Utility Operations Landfill Division — Fuel And Lubrication (9) P.R. No. 19609 — A Resolution Authorizing The Purchase Of Three (3) Suspended Cantilever Shade Structures And Three (3) Sets Of Aluminum Bleachers For County Park Also Known As Little League Field Located On Ray Avenue In The Port Acres Area From The Playground, Shade And Surfacing Depot, LLC Of Keller, Texas Through Tips Purchasing Coop Pricing In The Amount Of $52,277.00. [Account No 001-1207-531.92-00] (10) P.R. No. 19624 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Entering Into A Standard Form Of Agreement With SETEX Construction Corporation For The 3rd Floor Finish-Out Of The Building At 501 Procter Street At A Cost Not To Exceed $250,000; Funds Available In EDC Account #120.1429.582.59-01 4 AGENDA JANUARY 17, 2017 VI. CONSENT AGENDA — CONTINUED (11) P.R. No. 19640 — A Resolution Authorizing The Execution Of A One Year Contract Between The City Of Port Arthur And Double W. Service, L.L.C. Of Meridian, Texas For Repairing/Refurbishing Commercial Refuse Containers On A Unit Cost Basis, With A Projected Budgetary Impact Of $50,000.00 Funding Is Available In Account No. 403-1273-533.59-00, Utility Operations Solid Waste Container Service Division — Other Contractual Service (12) P.R. No. 19643 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Arceneaux, Wilson And Cole LLC For Professional Services For Paving Design Of Bluebonnet Avenue Improvements Project (Phase II) From Gulfway (SH 87) To Woodworth Blvd., With A Projected Budgetary Amount Of $63,500.00 Funding Available In City Streets Account No. 001-1203-531.86-00 (13) P.R. No. 19649 — A Resolution Awarding A Contract And Authorizing The City Manager To Execute A Contract With EP HVAC Of Beaumont, Texas, For Air Conditioning And Heating Maintenance And Repair Contract For City Of Port Arthur Buildings. Funding Available In Various Building Maintenance Accounts VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19639 — A Resolution Authorizing The Execution Of Major Pipeline Permit 16-01 From The City Of Port Arthur To Northstar Port Arthur, LLC Of The Woodlands, Texas For The Installation Of A Twenty Four Inch (24") Diesel Pipeline Within The City Limits Of Port Arthur, Texas (2) P.R. No. 19647 — A Resolution In Support Of TEX-21 Initiatives: A New Opportunity For Texas (Requested By Mayor Freeman) B. Ordinances (1) P.O. No. 6604 — An Ordinance Updating The Number Of Authorized Police Officer Positions In The Police Department AGENDA JANUARY 17, 2017 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P. 0. No. 6605 — An Ordinance Rescinding Ordinance No. 16-75 In Its Entirety As It Pertains To Amending Chapter 110 (Utilities), Sections 110-97, 110-98 And 110-99 Of The Code Of Ordinances Of The City Of Port Arthur, As It Pertains To Procedures For Adjustment Of Water Bills For Residential And Commercial Customers (Requested By Councilmember Hamilton) (3) P.O. No. 6607 — An Ordinance Of The City Council Of Port Arthur, Texas, Authorizing Participation With Other Entergy Service Area Cities In Matters Concerning Entergy Texas, Inc. At The Public Utility Commission Of Texas And The Federal Energy Regulatory Commission In 2017 (4) P. 0. No. 6608 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2016 And Ending September 30, 2017 By $150,900.00 For The Transit Fund (5) P. 0. No. 6609 — An Ordinance Authorizing The Retirement Of Police Canine "Niko" And Transferring The Canine To The Personal Care Of Sergeant Kris Boneau 6 AGENDA JANUARY 17, 2017 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 Between The City Of Port Arthur And The Port Of Port Arthur Navigation District Of Jefferson County, Texas (2) Section 551.072 Government Code — To Discuss The Value of The Land located at 3457 57th Street (3) Section 551.072 Government Code — To Discuss The Value of The Land located off Highway 365 (4) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Seahawk Landing, LLC) (5) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Industrial District Agreements) AGENDA JANUARY 17, 2017 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (6) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Manager IX. ADJOURNMENT OF MEETING ************************************************************ NOTE: If The Meeting Extends Past 11:59 PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30 AM On January 18, 2017. 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 ************************************************************ AnnwEnommok 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.