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HomeMy WebLinkAbout(0) 03-18-14 REGULAR MEETING \R� 1/// DELORIS "BOBBIE" PRINCE, MAYOR En, •. JOHN A. COMEAUX, P.E. ROBERT E. WILLIAMSON, MAYOR PRO TEM City of .1 INTERIM CITY MANAGER COUNCIL MEMBERS: i '' SHERRI BELLARD RAYMOND SCOTT, JR. CITY SECRETARY ELIZABETH "LIZ" SEGLER o r t r t h rr r MORRIS ALBRIGHT VAL TIZENO WILLIE "BAE" LEWIS, JR. �` \,,, CITY ATTORNEY DERRICK FREEMAN KERRY "TWIN" THOMAS AG E N DA City Council Regular Meeting March i8, 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 (4 9 P.O BOX 1089 • PORT ARTHUR, TEXAS 77641 -1089 • 409/983 -8115 • FAX 409/983 -8128 • www.portarthur.net City Council Meeting City Hall Council Chamber City Of Port Arthur MARCH 18, 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 Lewis, Jr. Councilmember Freeman Councilmember Thomas Interim City Manager Comeaux P.E. City Secretary Bellard City Attorney Tizeno Sergeant At Arms: Police Chief Blanton Or Designee II. PROCLAMATIONS & MINUTES Proclamations Minutes February 4, 2014 Regular Meeting February 18, 2014 Regular Meeting February 20, 2014 Special Executive Meeting February 24, 2014 Special Executive Meeting March 4, 2014 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers — None AGENDA MARCH 18, 2014 III. PETITIONS & COMMUNICATIONS - CONTINUED B. Presentations (1) Valecia Tizeno, City Attorney, On Roundtable Workshop With Companies That Have Industrial District Agreements With The City Of Port Arthur (2) Monthly Crime Report C. Employee Recognition — None D. Correspondence (1) Certification Of Candidates For The Port Arthur General Election, To Be Held On May 10, 2014 IV. PUBLIC HEARINGS — 9:00 A.M. — NONE 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. (A) Expense Reports Municipal Court Judge, Kermit C Morrison, Jr.: Galveston, Texas For The Judges Seminar February 24 — 25, 2014 $386.08 AGENDA MARCH 18, 2014 VI. CONSENT AGENDA — CONTINUED Resolutions — Consent (1) P.R. No. 18094 — A Resolution Amending Resolution No. 13 -612 For Removing Certain Items From The Flexible Base Streets Reconstruction Contract With LD Construction Of Beaumont, Texas, And Decreasing The Contract Amount By $95,508.75 To $396,491.25; Funding Is Available In Account 001 - 1203 - 531.86 -01 (2) P.R. No. 18212 — A Resolution In Support Of The Submission Of An Application By Port Arthur LM, LP, For Housing Tax Credits At 1300 Joe Louis Avenue (3) P.R. No. 18214 — A Resolution Approving An Increase In The Existing Blanket Purchase Order For The First Year By $330.00 For Advanced Systems And Alarm Services Of Beaumont, Texas, For Monitoring Service Of The Transit Service Center; Funds Available In Account No. 401 - 1504 - 561.59 -00 (4) P.R. No. 18220 — A Resolution Authorizing A Two -Year Consulting Contract With Muniservices, LLC, For Local Hotel Occupancy Tax Audit And Administration Services In An Amount Not To Exceed $15,000.00 Per Year Account No. 140- 1405 - 551.59 -00 (5) P.R. No. 18222 — A Resolution Authorizing The City Manager To Execute A Three Year Contract For High Speed Internet Access For Central Fire Station From Time Warner Cable Business Class, For The Fire Department In The Amount Of $169.95 Per Month, Plus A $150.00 One Time Installation Fee; Funding Available In Account Number 001 - 1121- 522.61.03 (6) P.R. No. 18228 — A Resolution Approving A Grant To The Port Arthur Rotary Club To Construct The International Avenue Of Flags Monument To Be Located At The Seawall Under The Operation Downtown Site Improvement Grant Program 3 AGENDA MARCH 18, 2014 VI. CONSENT AGENDA — CONTINUED (7) P.R. No. 18230 — A Resolution Approving Change Order No. 1 To The Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Arceneaux & Gates, A Burrow Global Company, To Develop Preliminary Paving Plans And Utilize That Information To Develop A Grading Plan To Eliminate Water Ponding In The Spur 93 Business Park (8) P.R. No. 18231 — A Resolution Approving Change Order No. 1 To The Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Arceneaux & Gates, A Burrow Global Company, For Certain Technical And Professional Services For Sidewalk Modifications And Utility Tunnel Closure At 501 Procter Street (9) P.R. No. 18233 — A Resolution Amending The FY 2013 -2014 Contract Between The City Of Port Arthur And The Department Of State Health Services, RLSS -Local Public Health System, To Increase The Contract Budget Amount By $39,294.00, Which Increases The Total Contract Award From $167,517.00 To $206,811.00; Funds Will Be Placed In Account Number 101 -1341- 542.11 -00 (10) P.R. No. 18235 — A Resolution Authorizing The May 10, 2014 General Election Support And Services Agreement With Hart Intercivic In An Amount Not To Exceed $8,100.00; Funding Is Available In Account No. 001 -1013- 513.54 -00 (11) P.R. No. 18237 — A Resolution Authorizing The City Manager To Execute The Deeds Of Trust And Loan Agreements Between The City And Four (4) Homeowners That Are Certified To Participate In The Rehabilitation And Reconstruction Federal Program (12) P.R. No. 18238 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts 4 AGENDA MARCH 18, 2014 VI. CONSENT AGENDA — CONTINUED (13) P.R. No. 18239 — A Resolution Authorizing The Final Payment In The Amount Of $4,170.50 For The Contract Between The City Of Port Arthur And D & R Commercial Construction Of Lumberton, Texas, And Releasing The Retainage In The Amount Of $4,693.25 For The Installation Of A Test Facility At The Port Arthur Armory (Phase I). Funding In Account No. 306 - 1606- 591.59 -00 (14) P.R. No. 18240 — A Resolution Authorizing The City Manager To Execute A Contract Extension With Brown, Reynolds, Watford Architects, Inc., Of College Station, Texas, For Design Of The Renovations And Improvements To The Property Located At 3451 57 Street In Port Arthur, Texas, For No Additional Cost (15) P.R. No. 18242 — A Resolution Authorizing The Final Payment In The Amount Of $87,296.81 For The Contract Between The City Of Port Arthur And LDF Construction Of Spring, Texas, For The Construction Of A Fire Station And Apparatus Garage In The Sabine Pass Area Of Port Arthur. Funding In Account No. 121 -2300- 901.82 -00, Project No. IKEFS4 (16) P.R. No. 18243 — A Resolution Calling For A Public Hearing To Consider A Proposed Abandonment Of A 20' Wide And A 10' Wide Alley R.O.W., Located Within And Adjacent To The Old Interurban R.O.W., Port Arthur, Jefferson County, Texas, A14 -01 — The Hughen Center, Inc. (17) P.R. No. 18244 — A Resolution Calling For A Public Hearing To Consider A Proposed Abandonment Of A Portion Of Shreveport Avenue Right -Of -Way, Port Arthur, Jefferson County, Texas, A14- 02 — Jefferson County (18) P.R. No. 18245 — A Resolution Authorizing The Payment Of Invoices To Arceneaux & Gates Of Port Arthur, Texas, For Payment Of Engineering Services And Related Expenditures For Pleasure Island Marina Boat Slip Covers And Pleasure Island Recreation Corridor Trail Section 2 5 AGENDA MARCH 18, 2014 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT A. Resolutions (1) P.R. No. 18227 — A Resolution Amending Resolution 14 -054 Approving Additional Funding In An Amount Not To Exceed One Hundred And Ten Thousand Dollars ($110,000.00) For City Park Improvement Projects At Lions Park And Lakeside Park By The City Of Port Arthur Section 4A Economic Development Corporation (2) P.R. No. 18229 — A Resolution Authorizing The City Of Port Arthur Section 4a Economic Development Corporation To Enter Into A Economic Incentive Contract And Loan Agreement With KT Holdings, Inc. (3) P.R. No. 18232 — A Resolution Authorizing The City Manager To Enter Into An Agreement With Labiche Architectural Group, Inc., And Further Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Provide Funding For Said Project In The Amount Of $52,000.00 For The Design, Construction Management, And Provision Of Cost Estimates For Park Improvement Projects At Lions, Lakeside, Lincoln, Montrose And Rose Hill Parks (4) P.R. No. 18241 — A Resolution Authorizing The City Manager To Enter Into A Master Service Agreement With Liftoff, LLC, For The Deployment Of Office 365 Microsoft Exchange And Training Of The Information Technology Staff (5) P.R. No. 18249 — A Resolution To Pay John Hall Public Affairs For Consulting Services For January 1, 2014 Through February 9, 2014; Account No. 001 - 1003 - 512.59 -00 M97903 B. Ordinances (1) P.O. No. 6374 — An Ordinance Amending Section 7.04 Of The City Of Port Arthur Section 4A Economic Development Corporation's Bylaws 6 AGENDA MARCH 18, 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 551.072 Government Code — To Discuss The Value Of The Land in the City's Extraterritorial Jurisdiction (ETJ) (2) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And /Or Industrial Business Prospects (KT Holdings, Inc.) *The Items In Executive Session May Be Discussed And Acted Upon In Open Session IX. DISCUSSION (1) Discussion Regarding The Preparation Of A Hiring Matrix For The Position Of City Manager AGENDA MARCH 18, 2014 X. 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 March 19, 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, All In Accordance With The Open Meetings Law ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 8 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 CounciP 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 Aqenda 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.