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HomeMy WebLinkAbout04-29-14 REGULAR MEETING DELORIS "BOBBIE" PRINCE, MAYOR Energy -�- JOHN A. COMEAUX, P.E. ROBERT E. WILLIAMSON, MAYOR PRO TEM City of City INTERIM CITY MANAGER COUNCIL MEMBERS: 4./ SHERRI BELLARD, TRMC RAYMOND SCOTT, JR. CITY SECRETARY ELIZABETH "LIZ" SEGLER 2-t r t h u r MORRIS ALBRIGHT Texas VAL TIZENO WILLIE "BAE" LEWIS, JR. CITY ATTORNEY DERRICK FREEMAN KERRY "TWIN" THOMAS AG EN DA City Council Regular Meeting April 29, 2014 5:3o p.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 29, 2014 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES 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, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Blanton Or Designee II. PROCLAMATIONS & MINUTES Proclamations Minutes — None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Ruenette C. Bolden, Regarding The Port Arthur Beautification Commission Upcoming Events (2) Clover C. Bolden, Regarding Friends Of The Library Update And Book Sale (3) Joseph Theall, Regarding The Negative Image Of City Council During Open Meetings / AGENDA APRIL 29, 2014 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) Chris Miller, Regarding Total Petrochemicals & Refining USA, Inc. C. Employee Recognition — None D. Correspondence — None IV. PUBLIC HEARING — 6:00 P.M. (1) To Consider Z14 -02 (Sup #221) — Specific Use Permit For Lenin Ruiz For The Operation Of An Auto Wrecker /Storage Facility On 0.41546 Acre Of Land Consisting Of All Of Lots 26, 27 And 28, Block 27, Griffing Addition, (A.K.A. 3517 25 Street), Port Arthur, Jefferson County, Texas V. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: (1) 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) 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. AGENDA APRIL 29, 2014 VI. CONSENT AGENDA — CONTINUED (A) Expense Reports Mayor, Deloris Prince: Meeting At The South East Texas Regional Planning Commission — April 16, 2014 Fair Housing Conference — April 24, 2014 Beaumont, TX $58.20 Resolutions — Consent (1) P.R. No. 18204 — A Resolution Authorizing The Execution Of An Amended Industrial District Agreement With Oxbow Calcining, LLC (2) P.R. No. 18223 — A Resolution Authorizing Revisions To The City's Housing Assistance Program Guidelines For Homebuyer Activities (3) P.R. No. 18274 — A Resolution Authorizing The Execution Of A Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 4512 Aspen Lane, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program (4) P.R. No. 18291 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 Between The City Of Port Arthur And Placo, LTD, For The Sabine Pass Metering Facility, Increasing The Contract Time By Eleven (11) Days, Due To Inclement Weather Conditions, To A New Term Of 123 Days (5) P.R. No. 18298 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (6) P.R. No. 18299 — A Resolution Authorizing The Acceptance And Execution Of A Federal Transit Administration (FTA) Grant For Funding Assistance For Fiscal Year 2014 For The Port Arthur Transit System 1 AGENDA ..•■•=mmom••■••■7 APRIL 29, 2014 VI. CONSENT AGENDA — CONTINUED (7) P.R. No. 18300 — A Resolution Authorizing The City Manager To Enter Into A Contract With L & L General Contractors, Of Beaumont, Texas, For Tunnel Demolition And Backfill Adjacent To 501 Procter Street, In An Amount Not To Exceed $45,000.00; Funding Available In Account No. 120- 1429 - 582 -59 -05 (8) P.R. No. 18301 — A Resolution Authorizing The City Manager To Execute Change Order 01 To The Contract Between The City Of Port Arthur And Texcavation Company Of Fresno, Texas, For The Installation Of Nine (9) Bus Shelter Slabs, Increasing The Contract Time By Ninety (90) Calendar Days (9) P.R. No. 18302 — A Resolution Authorizing The City Of Port Arthur To Support A "Click It Or Ticket" Selective Traffic Enforcement Program (S.T.E.P.) Grant In The Amount Of $4,947.46 (10) P.R. No. 18303 — A Resolution Authorizing The City Manager To Execute Change Order No. 3 Between The City Of Port Arthur And Placo, LTD, For The Sabine Pass Metering Facility, For Coating Of • Existing Pipe And Re- Routing Electrical Service, Increasing The Contract Amount By $5,248.83 To A New Contract Amount Of $120,248.83; Account No. 429 -1258- 532.59 -00. Project No. WSI001 (11) P.R. No. 18304 — A Resolution Authorizing The City Manager To Execute Change Order No. 1, Between The City Of Port Arthur And Allco, L.L.C., For The Waterline From 19 Street To The Sabine Neches Canal, For Storm Water Pollution Prevention Measures, Increasing The Contract Amount By $40,486.00, To A New Total Of $3,155,446.00; Account No. 429 -1258- 532.59 -00, Project No. WSI003 (12) P.R. No. 18305 — A Resolution Rescinding Resolution No. 14 -024 And Authorizing The City Manager To Submit To The Texas Department Of Transportation (TXDOT) For Fiscal Year 2013/2014 Bus And Bus Facility Program (FTA § 5339) Funding Application For The Purchase Of Two (2) Paratransit Buses For Port Arthur Transit 4 AGENDA APRIL 29, 2014 VI. CONSENT AGENDA — CONTINUED (13) P.R. No. 18306 — A Resolution Authorizing The City Manager To Execute An Amendment To The Application Services Provider Agreement With Sungard Public Sector, For Custom Development Fee In An Amount Not To Exceed $1,600.00; Funding In Account No. 001 - 1033 - 515.92 -00 (14) P.R. No. 18308 — A Resolution Authorizing The City Manger To Execute An Agreement With Crabtree Barricade Systems, Inc., Of Beaumont, Texas, For The Annual Striping Of City Streets For The Not To Exceed Amount Of $50,000.00; Funding Is Available In Account 001 -1205- 531.59 -00 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT A. Resolutions (1) P.R. No. 18290 — A Resolution Approving The 2014 City Streets Program In The City Of Port Arthur With Funding To Be Available In Accounts 001- 1203 - 531.86 -00 (2) P.R. No. 18307 — A Resolution Appointing Members To The Historical Landmark Commission B. Ordinances (1) P.O. No. 6378 — An Ordinance Adding Chapter 14, Article I Through I -E, Section 14 -1 Through 14 -28, To The Code Of Ordinances As It Pertains To Boards, Authorities, Commissions And Committees (Requested By Mayor Pro Tem Williamson) (2) P.O. NO. 6380 — An Ordinance Adding Sections 34 -90 Through 34- 92 To The Code Of Ordinance As It Pertains To The Issuance Of Citations And Penalties; Providing For A Penalty And Providing For Publication Thereof 5 AGENDA APRIL 29, 2014 VIII. ADJOURNMENT OF MEETING ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** NOTE: If The Meeting Extends Past 11:59PM, The City Council February Elect To Recess The Meeting And Reconvene At 8:30AM On April 30, 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 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 6 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. 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.