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HomeMy WebLinkAboutAPRIL 15, 2014 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR' JOHN A. COMEAUX, P.E. ROBERT E. WILLIAMSON, MAYOR PRO TEM City °f INTERIM CITY MANAGER COUNCIL MEMBERS: �� SHERRI BELLARD, TRMC RAYMOND SCOTT, JR. CITY SECRETARY ELIZABETH "LIZ" SEGLER o r t r t h u r MORRIS ALBRIGHT VAL TIZENO WILLIE "BAE" LEWIS, JR. Texas CITY ATTORNEY DERRICK FREEMAN KERRY "TWIN" THOMAS AG E N DA City Council Regular Meeting April 15, 2014 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. 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 April 15, 2014 8:30 AM 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 Councilmember Freeman Councilmember Thomas Interim City Manager Comeaux, P.E. City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Blanton Or Designee II. PROCLAMATIONS & MINUTES Proclamations Minutes March 18, 2014 Regular Meeting April 1, 2014 Special Meeting April 1, 2014 Regular Meeting April 3, 2014 Special Meeting April 4, 2014 Special Meeting April 7, 2014 Special Meeting April 8, 2014 Special Meeting III. PETITIONS & COMMUNICATIONS A. Speakers (1) Harold L. Doucet Sr., Regarding Use Of And Purpose of City Manager's Contingency Fund AGENDA APRIL 15, 2014 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) Dr. Albert Thigpen, Director of Human Resources, Civil Service, Parks and Recreation And Ms. Christe Smith, TRMC, Regarding The Participants In The 2014 Student Day In Government C. Employee Recognition D. Correspondence — None IV. PUBLIC HEARINGS — 9:00 A.M. (1) 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., Block 12, Town Of Griffing, Port Arthur, Jefferson County, Texas (2) For The Purpose Of Considering The Federal Transit Administration's Proposed Award For Operation And Capital For Fiscal Year 2013 -14 For The Port Arthur Transit (PAT) System 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. 2 AGENDA APRIL 15, 2014 VI. CONSENT AGENDA — CONTINUED Resolutions — Consent (1) P.R. No. 18224 — A Resolution Authorizing The City Manager To Accept The Real Property Donation Located At 3308 12 Street From Be Van Nguyen And Nuoi Tat (2) P. R. No. 18258 — A Resolution Authorizing The City Manager To Enter Into A One Year Contract With Tri City Exterminating Co., Of Nederland, Texas, In An Amount Not To Exceed $1,500.00; Funds Available In Various Transit Accounts (3) P.R. No. 18259 — A Resolution Authorizing The City To Enter Into An Agreement With Freese And Nichols, Inc., For The Development Of A Port Arthur Downtown Revitalization Plan In The Not To Exceed Amount Of $731,000.00. Funding Is Available In Account Numbers 001 -1051- 517.54 -00 And 120 - 1429- 582.59 -05 (4) P.R. No. 18260 — A Resolution Authorizing The City Manager To Execute A Contract Extension For Professional Services Between The City Of Port Arthur And Soutex Surveyors And Engineers Of Port Arthur, Texas, To Provide The Engineering Services For Removal And Replacement Of Approximately 335 Linear Feet Of 66" RCP Stormwater On Shreveport Avenue, From Procter Street To 5 Street For No Additional Cost. Account 001 -1202- 531.54 -00 (5) P.R. No. 18261 — A Resolution Authorizing The Transfer Of Community Development Block Grant (CDBG) Funds From Demolition /Clearance Project #C39120 In The Amount Of $200,000.00 To Community Development Block Grant Streets Reconstruction Project #C39150 (6) P.R. No. 18263 — A Resolution Authorizing The Purchase Of Commercial Windstorm Coverage In An Amount Not To Exceed $477,602.78 Per Annum; Proposed Funding By: General Liability Insurance Fund: 612- 1702 - 581.52 -00 AGENDA APRIL 15, 2014 VI. CONSENT AGENDA — CONTINUED (7) P.R. No. 18264 — A Resolution Authorizing The Release Of Retainage In The Amount Of $24,304.28 For The Contract Between The City Of Port Arthur And N & T Construction Company, Inc., Of Beaumont, Texas, For The Renovation Of The Downtown Pavilion. Funding In Account No. 120 - 1429- 582 -59.03 And 001 -1003- 512.59 -00 (8) P.R. No. 18267 — A Resolution Authorizing The City Manager To Execute An Agreement With Cell More Communications Of Houston, Texas, For The Annual Software Service For 220 Vehicular GPS At $5,500.00; Per Month, For A Total Amount Of $66,000.00; Funds Are Available In Account No. 001 -1201- 531.43 -01 (9) P.R. No. 18268 — A Resolution Authorizing The City Manager To Enter Into A Contract With Petroleum Traders Corporation Of Fort Wayne, Indiana, For The Purchase Of Ultra Low Sulfur Diesel Fuel In An Amount Not To Exceed $400,000.00; Funding Is Available In Transit Account Numbers: 401 - 1501 - 561.24 -00 And 401 -5606- 561.24 -00 (10) P.R. No. 18269 — A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts (11) P.R. No. 18271 — A Resolution Appointing A Negotiating Team Under Chapter 174 Of The Texas Local Government Code Annotated, To Conduct Collective Bargaining With The Bargaining Agent Of The International Association Of Fire Fighters Local 397 Of The City Of Port Arthur Fire Department (12) P.R. No. 18272 — A Resolution Appointing A Negotiating Team Under Chapter 174 Of The Texas Local Government Code Annotated, To Conduct Collective Bargaining With The Bargaining Agent Of The Port Arthur Police Association Of The City Of Port Arthur Police Department 4 AGENDA APRIL 15, 2014 VI. CONSENT AGENDA — CONTINUED (13) P.R. No. 18273 — A Resolution Authorizing The City Council To Request That The Texas Department Of Public Safety (TXDOT) Perform A Feasibility Study On The Cost And Construction Of A Pedestrian Crosswalk Over Highway 69 At The Central Mall And Walmart Area (Requested By Councilmember Thomas) (14) P.R. No. 18275 — A Resolution Authorizing The City Manager To Enter Into A Three -Year Enterprise Enrollment Agreement Covering Email And Desktop /Server Client Access Licenses With Microsoft For An Annual Amount Of $13,996.00; Funding Available In Account 001 - 1034 - 515.54 -00 (15) P.R. No. 18276 — A Resolution Authorizing An Increase In The Existing Blanket Order For Ultra Low Sulfur Diesel Fuel From Petroleum Traders Corporation; Funds Available In Account 401- 000- 142.10.00 (16) P.R. No. 18277 — A Resolution Authorizing The Execution Of A Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 2024 S Street, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program (17) P.R. No. 18280 — A Resolution Approving An Increase In The Existing Blanket Order By $2,750.00; For Affordable Lawn And Tractor Service Of Port Arthur, Texas, For Grass Cutting And Lawn Maintenance Services For The West Side Community Complex, To Be Charged To Account No. 001 -1061- 518.31.00 (18) P.R. No. 18281 — A Resolution For City Council To Authorize The Amendment Of Resolution No. 12 -031 That Authorized The Fair Housing Activity Statement -Texas (FHAST) Form For The Disaster Recovery Program For Round 2.2 Funding (19) P.R. No. 18282 — A Resolution Authorizing A Ten (10) Month Extension To Civil Concepts, Inc., Of Pasadena, Texas, For The Design And Oversight Of Concrete Slabs For Bus Shelters 5 AGENDA APRIL 15, 2014 VI. CONSENT AGENDA — CONTINUED (20) P.R. No. 18283 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Modify The Language In The Specifications For Security Guard Services Of Resolution 13 -501 For Services At The Spur 93 Business Park (21) P.R. No. 18286 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Contract For Landscaping And Irrigation Maintenance At The Highway 73 Business Park With Affordable Lawn And Tractor Service Of Port Arthur, Texas (22) P.R. No. 18289 — A Resolution Authorizing The City Manager To Execute A Contract With The Labiche Architectural Group, Inc., Of Beaumont, Texas, For The Architectural Repair And Restoration Assessment Of Rose Hill Manor Historic Structure, For A Period Of 90 Days In An Amount Not To Exceed $11,000.00; Funds Available In Account No. 001 -1402- 551.54 -00 (23) P.R. No. 18292 — A Resolution Awarding A Contract To Lark Group Inc., In The Amount Of $19,000.00; And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group A -T), To Be Charged To Account No. 120 -1429- 582.59 -05 (EDC) (24) P.R. No. 18293 — A Resolution Awarding A Contract To Clean Air Remediation Environmental Service In The Amount Of $15,534.00; And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group A), To Be Charged To Account No. 120- 1429 - 582.59 -05 (EDC) (25) P.R. No. 18294 — A Resolution Awarding A Contract To Lark Group Inc., In The Amount Of $17,000.00; And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group B), To Be Charged To Account No. 120 -1429- € 582.59 -05 (EDC) 6 4 AGENDA APRIL 15, 2014 VI. CONSENT AGENDA — CONTINUED (26) P.R. No. 18295 — A Resolution Awarding A Contract To Lark Group, Inc., In The Amount Of $20,500.00; And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group C), To Be Charged To Account No. 120 -1429- 582.59 -05 (EDC) (27) P.R. No. 18296 — A Resolution Awarding A Contract To Lark Group, Inc., In The Amount Of $20,400.00; And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group D), To Be Charged To Account No. 120 -1429- 582.59 -05 (EDC) VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT A. Resolutions (1) P.R. No. 18278 — A Resolution Appointing And /Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmembers Scott And Lewis) (2) P.R. No. 18284 — A Resolution Approving An Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Jireh World Church / Outreach Ministries, Inc., In An Amount Not To Exceed $110,000.00 (3) P.R. No. 18285 — A Resolution Approving An Amendment To The Performance Milestones Of The Economic Incentive Contract & Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Climate Controlled Containers Manufacturing, LLC (4) P.R. No. 18287 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Professional Service Contract With Haddon + Cowan Architects Collaborative Of Austin, Texas, With Vince Hauser As The Design Team Manager, In An Amount Not To Exceed $21,000.00; With A Reimbursable Expense Fee Not To Exceed $1,500.00 AGENDA APRIL 15, 2014 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT (5) P.R. No. 18288 — A Resolution Approving The 2014 Community Development Block Grant Allocations In The Amount Of $1,043,729.00 For The City Of Port Arthur (6) P.R. No. 18297 — A Resolution Requesting Reconsideration Of Resolution 13 -499 Authorizing The Port Arthur Section 4A Economic Development Corporation To Terminate The Operation Downtown Contract With Kilgore Construction, L.L.C., For Exterior Renovation To The Property Located At 1347 Procter Street Under The Operation Downtown Site Improvement Grant Program (Requested By Councilmember Thomas) B. Ordinances (1) P.O. No. 6375 — An Ordinance Amending Division 2 (Junked And Abandoned Vehicles) Of Article IV (Junked And Abandoned Property) Of Chapter 34 (Environment) Of The Code Of Ordinances Of The City Of Port Arthur (2) P.O. No. 6379 — An Ordinance Of The City Council Of The City Of Port Arthur, Texas, Amending Chapter 106 — Traffic, Article III — Specific Street Regulations, Division 4 — Speed, Section 106 -143 — Speed On State And Federal Highways Of The Code Of Ordinances Of The City Of Port Arthur, Texas, To Establish The Maximum Prima Facie Speed Limit For State Highway 82 From A Point South Of The Martin Luther King Bridge Southward To The Texas /Louisiana State Line; Authorizing The Posting Of Proper Signs; Repealing Conflicting Ordinances; Containing A Savings Clause; Prescribing A Penalty Of Not Less One Dollar ($1.00) Nor More Than Five Hundred Dollars ($500.00) For Each Violation Thereof; And Providing For The Publication And Effective Date Thereof 8 AGENDA APRIL 15, 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 As It Pertains To Industrial District Agreements And Legal Issues Related To Potential Tax Abatements (2) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (3) Section 551.072 Government Code — To Discuss The Value Of The Land Located At 441 Austin Avenue *The Items In Executive Session May Be Discussed And Acted Upon In Open Session 9 AGENDA APRIL 15, 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 April 16, 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 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 10 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.