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Home My WebLink AboutPOST 09.29.14 REGULAR MEETING Post Agenda Report 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 - APPROVED September 16, 2014 Special Executive Meeting - APPROVED September 16, 2014 Regular Meeting - APPROVED September 22, 2014 Special Meeting - APPROVED 1 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 Motion: RW Second: SM Motion To Removed: RW Seconded: DF Voting Yes: 6 Voting No: 2 (RS & SM) W/O: MA REMOVED 2 AGENDA SEPTEMBER 29, 2014 VI. CONSENT AGENDA Motion: DF Second: RW Voting Yes: 8 Voting No: 0 W/O: MA ADOPTED (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 Resolution No. 14-442 (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 Resolution No. 14-443 (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 Resolution No. 14-444 / 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 Resolution No. 14-445 (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 Resolution No. 14-446 (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 Resolution No. 14-447 (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 Resolution No. 14-448 4 AGENDA SEPTEMBER 29, 2014 VI. CONSENT AGENDA — CONTINUED (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 Resolution No. 14-449 (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 Resolution No. 14-450 (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 Resolution No. 14-451 (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 Resolution No. 14-452 5 AGENDA SEPTEMBER 29, 2014 VI. CONSENT AGENDA — CONTINUED (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 Resolution No. 14-453 (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 Resolution No. 14-454 (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. PULLED Motion: DF Second: RW Voting Yes: 8 Voting No: 0 W/O: MA Resolution No. 14-465 (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 Resolution No. 14-455 6 N AGENDA SEPTEMBER 29, 2014 VI. CONSENT AGENDA — CONTINUED (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 Resolution No. 14-456 (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 Resolution No. 14-457 (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 Resolution No. 14-458 (19) P.R. No. 18598 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts Resolution No. 14-459 (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 Resolution No. 14-460 AGENDA SEPTEMBER 29, 2014 VI. CONSENT AGENDA — CONTINUED (21) P.R. No. 18600 — A Resolution Affirming The Investment Policies Of The City Of Port Arthur For The 2014-2015 Fiscal Year Resolution No. 14-461 (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 Resolution No. 14-462 (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 Resolution No. 14-463 (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 Resolution No. 14-464 / 8 AGENDA SEPTEMBER 29, 2014 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 Motion: RW Second: KF Voting Yes: 7 Voting No: 0 W/O: MA & DF ADOPTED Resolution No. 14-466 (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 Motion: RW Second: KF Voting Yes: 7 Voting No: 0 W/O: MA & DF ADOPTED Resolution No. 14-467 (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 Motion: RW Second: KF Voting Yes: 7 Voting No: 0 W/O: MA & DF ADOPTED Resolution No. 14-468 9 AGENDA SEPTEMBER 29, 2014 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT CONTINUED (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 Motion: RW Second: KF Voting Yes: 7 Voting No: 0 W/O: MA & DF ADOPTED Resolution No. 14-469 (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 Motion: KF Second: RW Voting Yes: 7 Voting No: 0 W/O: MA & DF ADOPTED Resolution No. 14-470 (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 Motion: KF Second: WL Voting Yes: 7 Voting No: 0 W/O: MA & DF ADOPTED Resolution No. 14-471 10 AGENDA SEPTEMBER 29, 2014 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT CONTINUED (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 Motion: KF Second: RW Voting Yes: 7 Voting No: 0 W/O: MA & DF ADOPTED Resolution No. 14-472 (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 Motion: KF Second: RS Voting Yes: 7 Voting No: 0 W/O: MA & DF ADOPTED Resolution No. 14-473 (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 Motion: KF Second: TH Voting Yes: 7 Voting No: 0 W/O: MA & DF ADOPTED Resolution No. 14-474 (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 Motion: KF Second: RW Voting Yes: 7 Voting No: 0 W/O: MA & DF ADOPTED Resolution No. 14-475 11 AGENDA SEPTEMBER 29, 2014 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT CONTINUED (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 Motion: RW Second: KF Voting Yes: 7 Voting No: 0 W/O: MA & DF ADOPTED Resolution No. 14-476 (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 Motion: RW Second: KF Voting Yes: 7 Voting No: 0 W/O: MA & DF ADOPTED Resolution No. 14-477 (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 Motion: RW Second: KF Voting Yes: 7 Voting No: 0 W/O: MA & DF ADOPTED Resolution No. 14-478 (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) Motion: TH Second: RS Voting Yes: 7 Voting No: 0 W/O: MA & DF ADOPTED Resolution No. 14-479 12 N / AGENDA SEPTEMBER 29, 2014 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT CONTINUED (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) Motion: RW Second: KF Voting Yes: 7 Voting No: 0 W/O: MA & DF ADOPTED Resolution No. 14-480 (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 Motion: KF Second: RW Voting Yes: 7 Voting No: 0 W/O: MA & DF ADOPTED Resolution No. 14-481 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 Motion: RW Second: KF Voting Yes: 7 Voting No: 0 W/O: MA & DF ADOPTED Ordinance No. 14-40 13 / AGENDA SEPTEMBER 29, 2014 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT CONTINUED (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.) Motion: RW Second: KF Voting Yes: 7 Voting No: 0 W/O: MA & DF ADOPTED Ordinance No. 14-41 (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 Motion: RW Second: KF Voting Yes: 7 Voting No: 0 W/O: MA & DF ADOPTED Ordinance No. 14-42 14 AGENDA SEPTEMBER 29, 2014 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT CONTINUED (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 Motion: KF Second: RW Voting Yes: 5 Voting No: 2 ( RS & SM) W/O: MA & DF ADOPTED Ordinance No. 14-43 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 15 AGENDA SEPTEMBER 29, 2014 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (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 (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 (ET)) (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 ************************************************************ 16