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HomeMy WebLinkAboutSEPTEMBER 29, 2014 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR JOHN COMEAUX,P.E. DERRICK FREEMAN,MAYOR PRO TEM INTERIM CITY MANAGER Energy COUNCIL MEMBERS: City of can SHERRI BELLARD RAYMOND SCOTT,JR. �141/41 CITY SECRETARY,TRMC TIFFANY L.HAMILTON MORRIS ALBRIGHT,III VALECIA R.TIZENO STEPHEN A.MOSELY Vtl?.t rth u r CITY ATTORNEY WILLIE"BAE"LEWIS,JR. ROBERT E."BOB"WILLIAMSON Texas KAPRINA RICHARDSON FRANK AG E N DA City Council Regular Meeting September 29, 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 (409) 983-8 115• / City Council Meeting City Hall Council Chamber City Of Port Arthur September 29, 2014 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tern Freeman Councilmember Scott, Jr. Councilmember Hamilton Councilmember Albright, III Councilmember Mosely Councilmember Lewis, Jr. Councilmember Williamson Councilmember Frank 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 September 09, 2014 Special Meeting September 16, 2014 Special Executive Meeting September 16, 2014 Regular Meeting September 22, 2014 Special Meeting AGENDA SEPTEMBER 29, 2014 III. PETITIONS & COMMUNICATIONS A. Speakers (1) Fernando R. Ramirez, Regarding October Fiesta Downtown (2) Leon Wright Sr., Regarding Payday Loans / Car Title Loans Predators B. Presentations (1) Assistant City Attorney Sam Shobassy And Police Chief Blanton, Regarding A Potential Gaming Ordinance (2) Lawrence Baker Director Of Code Enforcement, And Shaun Davis Executive Director of South East Texas Regional Planning Commission (SETRPC), Regarding Demolition (3) Fire Chief Richard, Regarding ISO Ratings C. Employee Recognition (1) Third Purchasing Achievement Of Excellence In Procurement Award D. Correspondence — None 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: A. Resolutions (1) P.R. No. 18551 — A Resolution Appointing An Alternate Member To the Construction Board Of Adjustments And Appeals 2 AGENDA SEPTEMBER 29, 2014 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 Report: None Resolutions — Consent (1) P.R. No. 18542 — A Resolution Authorizing The Fourth (4th) And Final Year Renewal Of The Application Services Provider Agreement With Sungard Public Sector, Inc., In A Not-To-Exceed Amount Of $193,700.00 For Fiscal Year 2014-2015. Finance Account No. 001- 1034-515-54.00 (2) P.R. No. 18557 — A Resolution Authorizing The Award Of Bid And The Execution Of A Contract For The 9th Street Paving Improvements Project — Williams Avenue To Duff Drive, And On Duff Drive South Of 9th Street With DBS Constructors, LLC, DBA MK Constructors Of Vidor, Texas, In The Amount Of $679,545.00, GLO Round 2.1 Program; Project No. I219TH, Account No. 144-1201- 532.59-00 (3) P.R. No. 18564 — A Resolution Authorizing An Increase In Blanket Purchase Order No. 181537 For Providing Electrical Repairs And Maintenance At Various City Parks And Facilities With Gulf Coast Electric Co. Inc., By $50,000.00. Parks Account Number 001-1207- 531.39-00 3 AGENDA SEPTEMBER 29, 2014 VI. CONSENT AGENDA — CONTINUED (4) P.R. No. 18569 — A Resolution Accepting A Water Utilities Easement From 501 Procter Street, LLC (Old Port Arthur Savings Building) For The Construction, Installation, Laying, And Maintaining Of Water Utilities On Their Property At 501 Procter Street, Port Arthur, Texas (5) P.R. No. 18570 — A Resolution Authorizing An Increase In Funds For The Emergency Repairs To A 24" Waterline At 18th Street And Woodworth Blvd. For The Utility Operations Department, To ALLCO, LLC, From $200,000.00 To An Amount Not-To-Exceed $280,000.00 Funds Are Available In Account No. 410-1251-532.54- 00 (6) P.R. No. 18572 — A Resolution Approving An Operation Downtown Grant Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And The Port Arthur Rotary Club To Construct A Monument Displaying The American And Numerous Foreign Flags At The Seawall, In The Not-To-Exceed Amount of $110.500.00 (7) P.R. No. 18579 — A Resolution Approving The Renewal Of A Contract For Legal Services With Germer PLLC By The City Of Port Arthur Section 4A Economic Development Corporation (8) P.R. No. 18581 — A Resolution Authorizing The City Manager To Execute Change Order No. 5 Between The City Of Port Arthur And ALLCO, LLC, For The 24" Waterline From 19th Street To The Sabine Neches Canal, In An Amount Not-To-Exceed $53,100.00 Increasing The Contract Amount To $3,198,638.00 And A Time Extension Of Three (3) Days, Increasing The Contract Time To 383 Days, Utility Operations Account No. 429-1258-532.59-00, Project No WSI003 (9) P.R. No. 18582 — A Resolution Authorizing The City Manager To Execute Change Order No. 3 To The Contract Between The City Of Port Arthur And ALLCO, LLC, Of Beaumont, Texas, For The Highway 87 Water System Improvements From Keith Lake To Sabine Pass Standpipe, Increasing The Contract Time By 6 Days, To A New Contract Time Of 280 Days. Project No. WSI002, Account No. 429-1258-532.59-00 4 AGENDA SEPTEMBER 29, 2014 VI. CONSENT AGENDA — CONTINUED (10) P.R. No. 18583 — A Resolution Authorizing The City Manager To Enter Into A Three (3) Year Lease Agreement Between The City Of Port Arthur And Michael Manuel, For The Premises Located At 207 S. Spoil Levee Road, Located On Pleasure Island (11) P.R. No. 18584 — A Resolution Authorizing The City Manager To • Extend The Lease Between The City Of Port Arthur And The Port Arthur Yacht Club Until December 31, 2014 (12) P.R. No. 18585 — A Resolution Authorizing The City Manager To Enter Into A Contract With Soutex Surveyors And Engineers Of Port Arthur, Texas, For Engineering Services For The Design And Construction Phase Management Services Of A New Animal Shelter In An Amount Not-To-Exceed $24,700.00; Funding Available In Code Enforcement Account Number 001-1401-551.99-00 (13) P.R. No. 18586 — A Resolution Authorizing The Execution Of A Contact For The Purchase Of Sensus Meters For The Utility Operations Department With Aqua Metric Sales Company Of Riverside, California, In The Not-To-Exceed Amount Of $170,000.00. Funds Are Available In Utility Operations Account No. 410-1253-532.35-00 & 414-1621-532.85-00 (14) P.R. No. 18587 — A Resolution Designating And Establishing The Mardi Gras Entertainment Area For 2015 And Designating Mardi Gras Of Southeast Texas, Inc., As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With Mardi Gras Of Southeast Texas, Inc. (15) P.R. No. 18588 — A Resolution Authorizing The City Of Port Arthur To Accept Additional Grant Funds From The Texas Department Of State Health Services Discretionary Funding Project, In The Not-To- Exceed Amount Of $15,487.00 (16) P.R. No. 18591 — A Resolution Authorizing The City Manager To Execute Change Order No. 3 To The Contract Between The City Of Port Arthur And Gulf Coast Audio Of Beaumont, Texas, For The Installation Of A New Sound System For The Council Chamber Increasing The Contract Time To November 6, 2014 _ m_ , _ w_ . 5 AGENDA SEPTEMBER 29, 2014 VI. CONSENT AGENDA — CONTINUED (17) P.R. No. 18594 — A Resolution Authorizing Emergency Removal, Repair And Installation Of Two Pumps For The Montrose Pump Station By Triangle Rotating Equipment Specialist Of Orange, Texas, In The Not-To-Exceed Amount Of $42,486.00. Funds Are Available In Major Drainage Outfalls, Project No. CIP 804 Account No. 301-1601-591.84-00 (18) P.R. No. 18595 — A Resolution Authorizing The City Manager To Enter Into A Professional Services Contract With J. S. Edwards & Sherlock Insurance Agency For Employee Health Insurance And Benefits Consulting Services, At A Cost Of $2,075.00 Per Month ($24,900.00/Annually); Effective 11/1/2014. Fund No. (S): 614- 1701-583.54-00 Health Insurance Fund (19) P.R. No. 18598 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (20) P.R. No. 18599 — A Resolution Authorizing The City Manager To Accept The FY 2014 Emergency Management Performance Grant In The Amount Of $37,576.83 (21) P.R. No. 18600 — A Resolution Affirming The Investment Policies Of The City Of Port Arthur For The 2014-2015 Fiscal Year (22) P.R. No. 18601 — A Resolution Authorizing The City Manager To Negotiate A Contract Between The City Of Port Arthur And Arceneaux Wilson & Cole LLC, Of Port Arthur, Texas, For The Design Of Waterline Projects Approved By The Texas Water Development Board (23) P.R. No. 18602 — A Resolution Authorizing The City Manager To Execute A One (1) Year Contract Between The City Of Port Arthur And Knife River Corporation Of Beaumont, Texas, For Concrete Building Materials In A Not-To-Exceed Amount Of $500,000.00 Street Account Nos. 001-1203-531.36-00 And 001-1203-531.86-00, And CDBG Project Accounts 6 AGENDA SEPTEMBER 29, 2014 VI. CONSENT AGENDA — CONTINUED (24) P.R. No. 18604 — A Resolution Authorizing The Extension Of A Contract For The Services Of Gayle W. Botley, Certified Public Accountant, As Independent Auditor For The City Of Port Arthur VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 18516 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Extend The On- The-Job-Training Contract With JZ Russell Industries, Inc., For Reimbursement Of 50% Of The Training Cost For Port Arthur Residents By Extending The Contract Through 2014-2015 Fiscal Year, In The Not-To-Exceed Amount Of $16,422.37 (2) P.R. No. 18517 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Extend The Current On-The-Job Training Contract With Brock Services, LLC, For Reimbursement Of Fifty (50%) Percent Of Training Costs For Port Arthur Residents Through The 2014-2015 Fiscal Year, In The Not- To-Exceed Amount Of $24,049.50 (3) P.R. No. 18533 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Arceneaux Wilson & Cole LLC, For Construction Phase Services For The 24" HHD Crossing Of The Sabine Neches Ship Channel, In An Amount Not-To-Exceed $1,920,000.00. Utility Account No. 429-1258- 532.54-00, Project No. WSI004 (4) P.R. No. 18535 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Arceneaux Wilson & Cole LLC, For Construction Phase Services For The 24" Water Main Along State Highway 82 On Pleasure Island In An Amount Not-To-Exceed $1,700,000.00. Utility Account No. 429- 1258-532.54-00, Project No. WSI006 (5) P.R. No. 18550 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Civil Service Commission Of The City Of Port Arthur AGENDA SEPTEMBER 29, 2014 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT CONTINUED (6) P.R. No. 18561 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Renew The Agreement With Jireh World Church / Outreach Ministries, Inc., To Provide Life Skills And Financial Planning Training In An Amount Not-To-Exceed $175,000.00 For Port Arthur Residents (7) P.R. No. 18562 — A Resolution Approving A Technical Assistance Agreement Between The City Of Port Arthur, Texas, The City Of Port Arthur Section 4A Economic Development Corporation And National Development Council For The Period Of October 1, 2014 Through September 30, 2015, In An Amount Not-To-Exceed $72,000.00; Account No. 120-1429-582.54-11 (8) P.R. No. 18563 — A Resolution Approving The Extension Of The Project Management Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And The National Development Council For 501 Procter, At No Additional Cost (9) P.R. No. 18571 — A Resolution Approving An Operation Downtown Grant To The International Longshoreman Association Local 25 For The Renovation Of Its Labor Hall Located At 321 Shreveport, In The Not-To-Exceed Amount Of $37,257.70 (10) P.R. No. 18573 — A Resolution Approving An Entertainment Grant To The City Of Port Arthur For Improvements To The Downtown Pavilion In An Amount Not-To-Exceed $200,000.00 (11) P.R. No. 18574 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Sell 5.1 Acres Of Land In The Spur 93 Business Park To Lockwood Holdings, Inc., For The Sale Price Of $267,750.00 (12) P.R. No. 18577 — A Resolution Approving Closing The Economic Development Conditional Grant Agreement Between PA69 L.P. And The City Of Port Arthur Section 4A Economic Development Corporation 8 AGENDA SEPTEMBER 29, 2014 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT CONTINUED (13) P.R. No. 18578 — A Resolution Approving Closing The Economic Incentive Contract & Loan Agreement Between Reliable Polymer Services (Ravago) And The City Of Port Arthur Section 4A Economic Development Corporation (14) P.R. No. 18580 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Pleasure Island Advisory Committee (Requested By Councilmember Frank) (15) P. R. No. 18589 — A Resolution In Support Of The Fourth (4th) Annual Trunk Or Treat Event, In An Amount Not To Exceed $1,000.00; Funding Available In Account No. 001-1003-512.59-00 M14002 (Requested By Mayor Prince) (16) P.R. No. 18590 — A Resolution Confirming The Assignment Of All Active Contracts Under The Name Arceneaux & Gates Consulting Engineers, Inc., To Arceneaux Wilson & Cole LLC B. Ordinances (1) P.O. No. 6412 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting Specific Use Permit For A Daycare Nursery/Kindergarten In Single Family District On Lot 31, Block 9, Park Place 2 Addition, Port Arthur, Jefferson County, Texas. (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Section 1-13 Of The Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date. (Z14-04 — Nichole Perez) 3011 Keystone Avenue, SUP #222 (2) P.O. No. 6413 — An Ordinance Granting Abandonments Of Alley And Street Rights-Of-Way In Port Arthur, Jefferson County, Texas, For The Hughen Center, Inc., Providing The Effective Date Of This Ordinance. (A14-03 —The Hughen Center, Inc.) 9 \ / AGENDA SEPTEMBER 29, 2014 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT CONTINUED (3) P.O. No. 6414 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting Specific Use Permit 223 (SUP #223) To Allow For The Construction And Operation Of New Diesel And Crude Tank Storage Facilities In An Industrial On About 108.00 Acres Of Land Out Of A 1,364-Acre Tract Called Tract 8, Abstract No. 954, Pleasure Island, Port Arthur, Jefferson County, Texas. (Violation Of This Ordinance Or The Zoning Ordinance Of The City Or Port Arthur Is Punishable As Provided In Section 1-13 Of The Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date. (Z14-05 — P.I. Dock Facilities, LLC) 2500 South Dr. Martin Luther King, Jr. Drive. SUP #223 (4) P.O. No. 6415 — An Ordinance Amending Article II (Water), Division 3 (Service Charges And Billings), Sections 110-91 And 110-92 Of Chapter 110 (Utilities) And Article IV (Fees, Charges And Billing Procedures), Section 86-112 (Residential Garbage) Of The Code Of Ordinances, City Of Port Arthur; Said Amendments Increasing Readiness To Serve Charges, And Additional Totter Fee Charges, Repealing All Ordinances And Parts Of Ordinances In Conflict Herewith; And Declaring The Effective Date Thereof / v 10 AGENDA SEPTEMBER 29, 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: *The Items In Executive Session May Be Discussed And Acted Upon In Open Session (1) Section 551.071 Government Code — To Discuss With The City Attorney Potential Litigation As It Pertains To Jail Costs And The Housing Of Prisoners (2) Section 551.071 Government Code — To Discuss With The City Attorney Potential Litigation As It Pertains To Industrial District Agreements (3) Section 551.071 Government Code — To Discuss With The City Attorney Legal Issues Regarding The Contract Between The City Of Port Arthur And Sabine Pass Liquefaction And To Receive Legal Advice Regarding Potential Litigation And Liablities (4) Section 551.071 Government Code — To Discuss With The City Attorney Pending Litigation Regarding Candace Ann Grimm, as Next Friend of Louvenia Teller Gipson Vs. The City of Port Arthur 11 AGENDA SEPTEMBER 29, 2014 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (5) Section 551.072 Government Code — To Discuss The Value Of The Land On The Westside (6) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (Orange County) (7) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects 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 September 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 ************************************************************ 12 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.