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Home My WebLink AboutPOST 01-17-2017 REGULAR MEETING POST AGENDA REPORT 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 Tern 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 Motion: OS Second: CH Voting Yes: 8 Voting No: 0 W/O: DF APPROVED A. Minutes December 27, 2016 Regular Meeting AGENDA li JANUARY 17, 2017 VI. CONSENT AGENDA — CONTINUED 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 PULLED Motion: OS Second: WL Voting Yes: 7 Voting No: 0 W/O: DF & CM APPROVED Resolution No. 17-07 (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 PULLED Motion: MA Second: KF Voting Yes: 8 Voting No: 0 W/O: DF APPROVED Resolution No. 17-14 (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 Resolution No. 17-02 1 3 AGENDA JANUARY 17, 2017 VI. CONSENT AGENDA — CONTINUED I (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 Resolution No. 17-03 (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 Resolution No. 17-04 (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 PULLED Motion: CM Second: OS Voting Yes: 8 Voting No: 0 W/O: DF APPROVED Resolution No. 17-08 4 AGENDA JANUARY 17, 2017 VI. CONSENT AGENDA — CONTINUED (7) P.R. No. 19595 — A Resolution As It Pertains To The Permit Application Of Port Arthur Recycling LLC, DBA Scrap Works PULLED Motion: KF Second: OS Voting Yes: 7 Voting No: 0 W/O: DF & MA APPROVED Resolution No. 17-09 (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 Resolution No. 17-05 (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] PULLED Motion: CM Second: KF Voting Yes: 8 Voting No: 0 W/O: DF APPROVED Resolution No. 17-10 • 1 4 5 AGENDA JANUARY 17, 2017 VI. CONSENT AGENDA — CONTINUED (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 PULLED Motion: KF Second: CM Motion to Table: MA Seconded: OS Voting Yes: 8 Voting No: 0 W/O: DF TABLED (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 PULLED Motion: CM Second: KF Voting Yes: 7 Voting No: 0 W/O: DF & MA APPROVED Resolution No. 17-11 6 AGENDA JANUARY 17, 2017 VI. CONSENT AGENDA — CONTINUED (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 PULLED Motion: CM Second: KF Voting Yes: 8 Voting No: 0 W/O: DF APPROVED Resolution No. 17-12 (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 Resolution No. 17-06 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 PULLED Motion: CM Second: KF Voting Yes: 8 Voting No: 0 W/O: DF APPROVED Resolution No. 17-01 AGENDA JANUARY 17, 2017 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.R. No. 19647 — A Resolution In Support Of TEX-21 Initiatives: A New Opportunity For Texas (Requested By Mayor Freeman) Motion: KF Second: CM Voting Yes: 8 Voting No: 0 W/O: DF APPROVED Resolution No. 17-13 B. Ordinances (1) P.O. No. 6604 — An Ordinance Updating The Number Of Authorized Police Officer Positions In The Police Department Motion: KF Second: CM Voting Yes: 8 Voting No: 0 W/O: DF Motion to Reconsider: KF Second: CM Voting Yes: 8 Voting No: 0 W/O: DF APPROVED Ordinance No. 17-01 (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) Motion: WL Second: CM Motion to Remove: TH Seconded: TH Voting Yes: 8 Voting No: 0 W/O: DF REMOVED 8 AGENDA JANUARY 17, 2017 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (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 Motion: CM Second: KF Voting Yes: 8 Voting No: 0 W/O: DF APPROVED Resolution No. 17-02 (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 Motion: KF Second: CM Voting Yes: 8 Voting No: 0 W/O: DF APPROVED Resolution No. 17-03 (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 Motion: Second: Voting Yes: Voting No: W/O: APPROVED Resolution No. 17-04 9 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) 10 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 ************************************************************ 11