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HomeMy WebLinkAbout(2) NOVEMBER 06, 2018 REGULAR MEETING REGULAR MEETING — November 6, 2018 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Scott 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, November 6, 2018 at 5:33 p.m. in the City Council Chamber, City Hall, with the following members present: Councilmembers Raymond Scott, Jr., Cal Jones, Harold Doucet, Sr. and Kaprina Frank; Interim City Manager Harvey Robinson, City Secretary Sherri Bellard, City Attorney Valecia R. Tizeno, and Sergeant At Arms Chief of Police Tim Duriso. Mayor Derrick Freeman, Mayor Pro Tern Thomas Kinlaw, III. and Councilmember Charlotte Moses were absent from the Regular Meeting. Councilmember Doucet chaired the meeting. II. PROCLAMATIONS & MINUTES Proclamations - None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Ellis Allen Regarding The Appoint/Reappointment Of Members To The Port Arthur Beautification Commission Not present. (2) John Beard, Jr. Regarding Hurricane Recovery And Community Redevelopment, Q02 John Beard, 501 W. 15th Street, appeared before the City Council to discuss the above- mentioned topic. B. Presentations (1) A Presentation By The Texas Department Of Transportation Regarding A Status Update On The Planned Interchange Improvements At Highway 69/73 TXDOT— Beaumont District Director, Transportation Planning & Development Adam Jack gave the above-mentioned presentation. IV. PUBLIC HEARINGS — 6:00 PM (1) Notice Is Hereby Given Of A Second Public Hearing Of The City Council Of Port Arthur, Texas To Be Held Pursuant To Chapter 43 Of The Local Government Code In The City Council Chambers, City Hall, Fifth Floor, 444 4th Street At 6:00 0' Clock P.M., On Tuesday, November 6, 2018 To Review Plans For The Proposed Annexation Of The Property. It Being A 2.543 Tract Or Parcel Of Land Situated In The B.B.B. & C.R.R. Survey, Abstract 92, Located At The Intersection Of State Highway 82 And Terminal Road. The First Public Hearing Was Held On Tuesday, October 23, In The City Council Chambers, City Hall, Fifth Floor, 444 4th Street At 9 0' Clock A.M. All Persons Interested Will Be Given An Opportunity To Be Heard At Said Hearing The Mayor introduced the above-mentioned Public Hearing at 6:01 p.m. The City Attorney gave an overview of the above-mentioned item. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned item. No one appeared before the City Council to address the above-mentioned item. The Public Hearing ended at 6:03 p.m. (2) A Public Hearing To Consider Whether Or Not To Authorize The Chief Of Police To Issue A Wrecker Permit For The Following Named Business: ABS Towing & Recovery Susan Richard, Owner/Operator 115 W Hwy 365 Port Arthur, TX 77640 The Mayor introduced the above-mentioned Public Hearing at 6:04 p.m. The City Attorney gave an overview of the above-mentioned item. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned item. Jeremy Squires, 6218 Myers Street, Groves, Texas appeared before the City Council in favor of the proposed wrecker service. Warren Field, 1147 60th Street, appeared before the City Council in favor of the wrecker service. Upon the motion of Councilmember Scott, seconded by Councilmember Jones and carried unanimously, the City Council closed the Public Hearing at 6:08 p.m. III. PETITIONS & COMMUNICATIONS (2) A Presentation by Johnathan Williams, President of Winner's Circle Wanted Riders of Southeast Texas Regarding Upcoming Zydeco Events and Dance Festivals In Downtown Port Arthur Johnathan Williams, 1836 Stilwell, gave the above-mentioned presentation. C. Employee Recognition - None D. Correspondence - None VII. ITEMS REQUIRING INDIVIDUAL ACTION Consent Resolution (2) P.R. No. 20472 — A Resolution Designating And Establishing The Zydeco Events And Dance Festivals Entertainment Area, Designating Winner's Circle Riders Of Southeast Texas As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With Winner's Circle Riders Of Southeast Texas Councilmember Doucet introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Scott, seconded by Councilmember Frank and carried, Proposed Resolution No. 20472 was adopted becoming Resolution No. 18-461. Voting Yes: Councilmember Doucet, Scott, Jones and Frank. City Council Minutes Regular Meeting — November 6, 2018 Voting No: None. The caption of Resolution No. 18-461 reads as follows: RESOLUTION NO. 18-461 A RESOLUTION DESIGNATING AND ESTABLISHING THE ZYDECO EVENTS AND DANCE FESTIVALS ENTERTAINMENT AREA, DESIGNATING WINNER'S CIRCLE RIDERS OF SOUTHEAST TEXAS AS EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WINNER'S CIRCLE RIDERS OF SOUTHEAST TEXAS V. UNFINISHED BUSINESS (1) P.R. No. 20549 — A Resolution Authorizing The City Manager To Execute The Third Amendment To The Water Service Agreement Between Sabine Pass Liquefaction, LLC And The City Of Port Arthur Councilmember Doucet introduced the above-mentioned Proposed Resolution 20549. Upon the motion of Councilmember Frank, seconded by Councilmember Scott and carried, Proposed Resolution No. 20549 was removed from the agenda. Voting Yes: Councilmember Doucet, Scott, Jones and Frank. Voting No: None. VII. ITEMS REQUIRING INDIVIDUAL ACTION B. Ordinances (1) P.O. No. 6738 — An Ordinance Authorizing The Conveyance Of The Property Located At 649 Stadium Road, Port Arthur, Texas, Also Known As The Felix And Milton Barker Community Center, To Golden Triangle Church On The Rock Councilmember Doucet introduced the above-mentioned Proposed Ordinance, Upon the motion of Councilmember Jones, seconded by Councilmember Frank and carried, Proposed Ordinance No. 6738 was adopted becoming Ordinance No. 18-67. Voting Yes: Councilmember Doucet, Scott, Jones and Frank. Voting No: None. The caption of Ordinance No. 18-67 reads as follows: ORDINANCE NO. 18-67 AN ORDINANCE AUTHORIZING THE CONVEYANCE OF THE PROPERTY LOCATED AT 649 STADIUM ROAD, PORT ARTHUR, TEXAS, ALSO KNOWN AS THE FELIX AND MILTON BARKER COMMUNITY CENTER, TO GOLDEN TRIANGLE CHURCH ON THE ROCK City Council Minutes 3 Regular Meeting — November 6, 2018 (2) P.O. No. 6739 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2018 And Ending September 30, 2019 By $305,600.00 For The Pleasure Island Fund Councilmember Doucet introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Jones and seconded by Councilmember Frank that Proposed Ordinance No. 6739 be adopted. The City Secretary read the following motion into the record: That There Be And Is Herby Appropriated The Sum Of Seven, Hundred Seventy-Three Thousand Dollars ($773,000) To The General Fund Balance For The Payment Of Final Project Close Out Costs Related To P.R. No. 20479 And P.R. No. 20480 Upon the motion of Councilmember Frank, seconded by Councilmember Jones and carried, Proposed Ordinance No. 6739 was amended. Voting Yes: Councilmember Doucet, Scott, Jones and Frank. Voting No: None. Proposed Ordinance No. 6739 was adopted, as amended, becoming Ordinance No. 18- 68. The caption of Ordinance No. 18-68 reads as follows: ORDINANCE NO. 18-68 AN APPROPRIATION ORDINANCE AMENDING THE CITY OF PORT ARTHUR BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019 BY $305,600.00 FOR THE PLEASURE ISLAND FUND V. UNFINISHED BUSINESS (2) P.R. No. 20352 — A Resolution Authorizing The City Manager To Execute Change Order #2 And Final To The Contract Between The City Of Port Arthur And Landmark Structures I, LP Of Fort Worth, Texas For The Terminal Road Elevated Storage Tank And Pump Station Project, Extending The Duration Of The Project With A Time Extension Of 208 Days Due To Weather Delays, Project Time Suspension, And Material Delivery Delays, For A New Completion Date Of September 4, 2018, And Accounting For A $274,953.00 Reduction In The Contract Amount, Bringing The Contract Total To $7,417,047.00; Account No. 429-1258-532.59-00; Project No. R16065 Councilmember Doucet introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Jones and carried, Proposed Resolution No. 20352 was adopted becoming Resolution No. 18-462. Voting Yes: Councilmember Doucet, Scott, Jones and Frank. Voting No: None. The caption of Resolution No. 18-462 reads as follows: City Council Minutes 4 Regular Meeting — November 6, 2018 • RESOLUTION NO. 18-462 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER #2 AND FINAL TO THE CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND LANDMARK STRUCTURES I, LP OF FORT WORTH, TEXAS FOR THE TERMINAL ROAD ELEVATED STORAGE TANK AND PUMP STATION PROJECT, EXTENDING THE DURATION OF THE PROJECT WITH A TIME EXTENSION OF 208 DAYS DUE TO WEATHER DELAYS, PROJECT TIME SUSPENSION, AND MATERIAL DELIVERY DELAYS, FOR A NEW COMPLETION DATE OF SEPTEMBER 4, 2018, AND ACCOUNTING FOR A $274,953.00 REDUCTION IN THE CONTRACT AMOUNT, BRINGING THE CONTRACT TOTAL TO $7,417,047.00; ACCOUNT NO. 429-1258- 532.59-00; PROJECT NO. R16065 (3) P.R. No. 20478 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 And Final To The Contract Between The City Of Port Arthur And AlIco, LLC, Of Beaumont, Texas, For The Phase II Surface Water Treatment Plant Improvements Project, Decreasing The Contract Amount By $766,868.17, To A New Contract Total $22,981,080.83, And Increasing The Contract Time By 491 Calendar Days Councilmember Doucet introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Jones, seconded by Councilmember Frank and carried, Proposed Resolution No. 20478 was adopted becoming Resolution No. 18-463. Voting Yes: Councilmember Doucet, Scott, Jones and Frank. Voting No: None. The caption of Resolution No. 18-463 reads as follows: RESOLUTION NO. 18-463 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 AND FINAL TO THE CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND ALLCO, LLC, OF BEAUMONT, TEXAS, FOR THE PHASE II SURFACE WATER TREATMENT PLANT IMPROVEMENTS PROJECT, DECREASING THE CONTRACT AMOUNT BY $766,868.17, TO A NEW CONTRACT TOTAL $22,981,080.83, AND INCREASING THE CONTRACT TIME BY 491 CALENDAR DAYS (4) P.R. No. 20479 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate Of Guarantee, Contractor's Certificate And Release, And Authorizing The City Manager To Execute The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas, And Approval Of Final Payment To AlIco, LLC In The Amount Of $574,527.02 (Retainage); Funded In Account No. 429-0000-205-00-00, Project No. WSI009 City Council Minutes Regular Meeting — November 6, 2018 Councilmember Doucet introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Jones, seconded by Councilmember Frank and carried, Proposed Resolution No. 20479 was adopted becoming Resolution No. 18-464. Voting Yes: Councilmember Doucet, Scott, Jones and Frank. Voting No: None. The caption of Resolution No. 18-464 reads as follows: RESOLUTION NO. 18-464 A RESOLUTION AUTHORIZING ACCEPTANCE OF THE ENGINEER'S CERTIFICATE OF COMPLETION, CONTRACTOR'S CERTIFICATE OF GUARANTEE, CONTRACTOR'S CERTIFICATE AND RELEASE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE CITY OF PORT ARTHUR, TEXAS, AND APPROVAL OF FINAL PAYMENT TO ALLCO, LLC IN THE AMOUNT OF $574,527.02 (RETAINAGE); FUNDED IN ACCOUNT NO. 429-0000-205-00- 00, PROJECT NO. WSI009 (5) P.R. No. 20480 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release And Contractor's Certificate Of Guarantee For Construction Of The Terminal Road Elevated Storage Tank And Pump Station 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 To Landmark Structures, I, L.P., In The Amount Of $57,386.65 From Account No. 429-1258- 532.59-00, Project No. R16065, And Release Of The Retainage In The Amount Of $370,852.35 From Account No. 429-0000-205.00-00, Project No. WSI009 Councilmember Doucet introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Jones and carried, Proposed Resolution No. 20480 was adopted becoming Resolution No. 18-465. Voting Yes: Councilmember Doucet, Scott, Jones and Frank. Voting No: None. The caption of Resolution No. 18-465 reads as follows: RESOLUTION NO. 18-465 A RESOLUTION AUTHORIZING ACCEPTANCE OF THE ENGINEER'S CERTIFICATE OF COMPLETION, CONTRACTOR'S CERTIFICATE AND RELEASE AND CONTRACTOR'S CERTIFICATE OF GUARANTEE FOR CONSTRUCTION OF THE TERMINAL ROAD ELEVATED STORAGE TANK AND PUMP STATION 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 TO LANDMARK STRUCTURES, City Council Minutes Regular Meeting — November 6, 2018 I, L.P., IN THE AMOUNT OF $57,386.65 FROM ACCOUNT NO. 429-1258-532.59-00, PROJECT NO. R16065, AND RELEASE OF THE RETAINAGE IN THE AMOUNT OF $370,852.35 FROM ACCOUNT NO. 429-0000-205.00-00, PROJECT NO. WSI009 VI. CONSENT AGENDA Upon the motion of Councilmember Frank, seconded by Councilmember Jones and carried the following Consent Agenda items were adopted with the exception of Proposed Resolution No. 20563: Voting Yes: Councilmember Doucet, Scott, Jones and Frank. Voting No: None. A. Expense Reports (A1) Mayor Pro Tern Thomas Kinlaw, III: The Texas Municipal League Conference Fort Worth, TX October 9 — 12, 2018 $1,902.75 (A2) Councilmember Raymond Scott, Jr: The Texas Municipal League Conference Fort Worth, TX October 9 — 12, 2018 $1,601.78 (A3) Councilmember Cal Jones: The Texas Municipal League Conference Fort Worth, TX October 9 — 12, 2018 $1,884.40 (A4) Councilmember Harold Doucet, Sr: The Texas Municipal League Conference Fort Worth, TX October 9 — 12, 2018 $1,881.37 (A5) Councilmember Charlotte Moses: The Texas Municipal League Conference Fort Worth, TX October 9 — 12, 2018 $2,048.88 B. Minutes October 23, 2018 Regular Meeting October 30, 2018 Special Meeting C. Resolutions — Consent (1) P.R. No. 20427 — A Resolution Authorizing The City Manager To Execute An Easement With Port Plaza Hotel, LLC For The Installation Of A Monument Sign On Approximately 74 SF Of Land Out Of A 2.256-Acre Tract Of Land, City Of Port Arthur, Jefferson County, Texas Proposed Resolution No. 20427 was adopted becoming Resolution No. 18-466. City Council Minutes Regular Meeting — November 6, 2018 (3) P.R. No. 20503 — A Resolution Authorizing The Second And Final Year Renewal Of The Contract With Total Safety, U.S., Inc., Of Port Arthur, Texas, For Asbestos And Lead Abatement Consulting Services With A Projected Budgetary Impact In The Amount Of $50,000.00, To Be Charged To Account No. 001-1052-517.54-00 (General Fund- Professional Services) Proposed Resolution No. 20503 was adopted becoming Resolution No. 18-467. (4) P.R. No. 20526 — A Resolution Authorizing The Purchase Two (2) — 8" Sludge Pumps For Installation At The Port Acres Wastewater Treatment Plant From Pump WRXS & Controls Of Pearland, Texas, With An Estimated Budgetary Impact Of $29,794.00; Funding Available In Account No. 410-1256-532.42-00(Wastewater Treatment/Equipment Maintenance) Proposed Resolution No. 20526 was adopted becoming Resolution No. 18-468. (5) P.R. No. 20536 — A Resolution Authorizing The City Manager To Retain The Services Of David Cargill To Restore The Bronze Statue The Family At The Public Library With A Projected Budgetary Impact Amount Of $21,000.00. Funds Are Available In Library Special Fund Account No. 102- 1421-553-32-00 Proposed Resolution No. 20536 was adopted becoming Resolution No. 18-469. (6) P.R. No. 20552 — A Resolution Authorizing The City Manager To Accept The Engineer's Certificate Of Completion, Contractor's Certificate Of Warranty, Contractor's Affidavit Of Payments Of Debts And Claims, Contractor's Final Payment Affidavit, And Authorize The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas, And Approval Of Final Payment To Excavation And Construction LLC, Of Invoice #3 And Release Of Retainage In An Amount Of $6,295.56 For The 48" Storm Sewer Relocation Project; Account No. 307-0000-205.00-00, Project No. R17087 Proposed Resolution No. 20552 was adopted becoming Resolution No. 18-470. (7) P.R. No. 20553 — A Resolution Authorizing The City Manager To Purchase Uniform Items For The Police Department From Miller Uniforms & Emblems Of Austin, Texas, Through Buyboard Contract No. 524-17, With A Budgetary Impact Of $30,250.00. Funds Available Under 001-1101-521.26-00 Proposed Resolution No. 20553 was adopted becoming Resolution No. 18-471. (8) P.R. No. 20555 — A Resolution Approving Payment In The Not To Exceed Amount Of $95,227.11 For The TCEQ Annual Consolidated Water Quality Assessment Fees For All Three (3) Wastewater Treatment Plants In The City Of Port Arthur. Utility Operations Department, Wastewater Treatment Division, Account No. 410-1256-532.59-01, Regulatory Fees Proposed Resolution No. 20555 was adopted becoming Resolution No. 18-472. City Council Minutes Regular Meeting — November 6, 2018 (9) P.R. No. 20558 — A Resolution Authorizing A Chapter 380 Agreement With Magna Properties, LTD / Tri-Con Inc. Located In A Neighborhood Empowerment Zone Proposed Resolution No. 20558 was adopted becoming Resolution No. 18-473. (10) P.R. No. 20561 — A Resolution Authorizing The City Manager To Execute Change Order No. 01 To The Contract Between Crawley's Shoreline Construction Of Baytown, Texas And The City Of Port Arthur, Texas For The Pleasure Island Bulkhead Replacement Project, Increasing The Contract Amount By $8,500.00 To A New Contract Amount Of $353,255.00 And Increasing The Contract Time By 2 Days To A New Term Of 92 Consecutive Calendar Days. Funding Is Available In Account No. 450-1293-549.89-00, Marina Other Structures Account. (Capital Outlay) Proposed Resolution No. 20561 was adopted becoming Resolution No. 18-474. (11) P. R. No. 20562 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Paramount Design And Development Of Beaumont, Texas, For The Reconstruction Of Three (3) Houses, And City Council Authorization Of The Expenditure Of Contingency Funds In The Amount Of $3,500.00, And Increasing The Contract Time By 20 Days To A New Term Of 110 Days Proposed Resolution No. 20562 was adopted becoming Resolution No. 18-475. (13) P. R. No. 20564 — A Resolution Authorizing The City Manager To Enter Into A Contract With SpawGlass Construction Corp., Of Beaumont, Texas, For Repairs To Pleasure Island Golf Club House For An Amount Of $25,600.00. Funding Available In Account No. 450-1291- 549.32-00 Proposed Resolution No. 20564 was adopted becoming Resolution No. 18-476. VII. ITEMS REQUIRING INDIVIDUAL ACTION Consent - Resolutions (12) P.R. No. 20563 — A Resolution Authorizing The City Manager To Execute Contracts Between Its Third Party Administrator (Administrative Services Only) For The City Of Port Arthur Blue Cross Medicate Advantage PPO And Prescription Drug Plan For Its Medicare Eligible Dependent(s), And Authorizing The City Manager To Execute All Documents Councilmember Doucet introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Jones, seconded by Councilmember Frank and carried, Proposed Resolution No. 20563 was tabled. Voting Yes: Councilmember Doucet, Scott, Jones and Frank. Voting No: None. City Council Minutes 9 Regular Meeting — November 6, 2018 A. Resolutions (1) P.R. No. 20510 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Construction Board Of Adjustments And Appeals Councilmember Doucet introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Jones, seconded by Councilmember Frank and carried, Proposed Resolution No. 20563 was adopted becoming Resolution No. 18-477. Voting Yes: Councilmember Doucet, Scott, Jones and Frank. Voting No: None. The caption of Resolution No. 18-477 reads as follows: RESOLUTION NO. 18-477 A RESOLUTION APPOINTING AND/OR REAPPOINTING A MEMBER OR MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS VIII. ADJOURNMENT OF MEETING Upon the motion by Councilmember Frank, seconded by Councilmember Jones and carried unanimously, the City Council adjourned their meeting 6:35 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 DERRICK FREEMAN ATTEST: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD November 6, 2018. APPROVED City Council Minutes 10 Regular Meeting — November 6, 2018