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HomeMy WebLinkAboutMARCH 31, 2015 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR `Enerc BRIAN McDOUGAL DERRICK FREEMAN,MAYOR PRO TEM City of c'r`' CITY MANAGER COUNCIL MEMBERS: ' , ` i� SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. 01 r t{I u CITY SECRETARY TIFFANY L.HAMILTON MORRIS ALBRIGHT VAL TIZENO STEPHEN A.MOSELY TeXs�S CITY ATTORNEY WILLIE"BAE"LEWIS,JR. ROBERT E.WILLIAMSON KAPRINA RICHARDSON FRANK AGENDA City Council Regular Meeting March 31, 2015 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.0 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 31, 2015 5:30 PM 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 City Manager McDougal City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Blanton Or Designee II. PROCLAMATIONS & MINUTES Proclamations Minutes December 23, 2014 Regular Meeting January 6, 2015 Regular Meeting January 13, 2015 Special Meeting January 20, 2015 Regular Meeting III. PETITIONS & COMMUNICATIONS A. Speakers (1) Warren Field Regarding Protocol And Scheduling Televised Board And City Council Meetings (2) Micah Shanks Regarding Carnival Des Cajuns i AGENDA MARCH 31, 2015 III. PETITIONS & COMMUNICATIONS — CONTINUED (3) Robert Troy Regarding Audio And Video Of Council Meetings On- Line And Government Channel B. Presentations (1) Presentation By Youth Advisory Council Sponsor, Christe Whitley Smith, TRMC, Introducing Members To City Council (2) Presentation By James Gilleylen, Of J-Quad Planning Group, Concerning The City 2015-2019 Consolidation Plan (3) Presentation By Director Of Code Enforcement, Lawrence Baker, Regarding The Commercial Demolition Program 2.2 (4) Presentation By Valero Representatives Regarding Community Garden C. Employee Recognition — None D. Correspondence (1) A Memorandum Regarding Issuance Of A Building Permit Located At 3501 12th Street, City Of Port Arthur, Jefferson County, Texas IV. PUBLIC HEARING — 6:00 P.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: P.O. No. 6444 — An Ordinance Adopting Guidelines For Filming In The City Of Port Arthur And Becoming A Certified "Film Friendly City" (Requested By Mayor Pro Tem Freeman) 2 AGENDA MARCH 31, 2015 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: (1) Mayor Deloris Prince: Attended South East Texas Regional Planning Commission Meeting Beaumont, TX, March 18, 2015 $27.63 (2) Mayor Deloris Prince: Attended Texas Municipal League Meeting Austin, TX, March 26-27, 2015 $631.04 (3) Mayor Pro Tern Derrick Freeman: Attended Film Festival Nacogdoches, TX, February 26-28, 2015 $783.48 (4) Mayor Pro Tern Derrick Freeman: Attended Golden Triangle Days Austin, TX, March 1-3, 2015 $1,208.34 (5) Councilmember Tiffany Hamilton: Attended Golden Triangle Days Austin, TX, March 1-3, 2015 $1,255.61 (6) Councilmember Tiffany Hamilton: Attended National League Of Cities Washington, D.C., March 6-12, 2015 $3,513.60 3 AGENDA MARCH 31, 2015 VI. CONSENT AGENDA — CONTINUED B. Resolutions — Consent (1) P. R. No. 18718 — A Resolution Authorizing The City Manager To Make Application To The U.S. Department Of Housing And Urban Development For A Community Development Block Grant For An Amount Of $1,015,481.00 And A Grant In The Amount Of $192,818.00 In Home Funds And Authorizing The City Manager To Execute The City Of Port Arthur's 2015 Consolidated Annual Plan. The Consolidated Plan Will Be Submitted To The U.S. Department Of Housing And Urban Development (2) P.R. No. 18881 — A Resolution Authorizing The City Manager To Approve A Contract Extension Between The City Of Port Arthur And Arceneaux Wilson & Cole, LLC, Of Port Arthur, Texas, For Professional Services Related To The Design And Construction Phase Services For The Main And Port Acres Wastewater Treatment Plant Upgrades (3) P.R. No. 18895 — A Resolution Authorizing The City Manager To Execute A One-Year Extension Of The Existing Lease Between The City Of Port Arthur And The New Orleans Regional Transit Authority (NORTA) For The Lease Of Ten (10) Buses, In An Amount Not To Exceed $6,000.00. Funds Available In Transit Account No. 401- 1501-561.51-00 (4) P.R. No. 18901 — A Resolution Authorizing The City Manager To Execute Change Order No. 10 Between The City Of Port Arthur And Allco, LLC, For The 24" Waterline From 19th Street To The Sabine Neches Canal, For A Time Extension Of Eight (8) Days Due To Weather Delays During The Month Of February, To A New Contract Time Of 437 Days 4 AGENDA MARCH 31, 2015 VI. CONSENT AGENDA — CONTINUED (5) P.R. No. 18909 — A Resolution Authorizing The City Manager To Execute Amendment No. 2 To The Neighborhood Stabilization Program 1, (NSP 1) Program Income Reservation System Participation Agreement No. 770900033154 To Provide For The Continuation Of Reimbursements Of Eligible Expenses And Close On Remaining Land Bank Properties Under The Existing NSP 1, Contract Number 77090000154 (6) P. R. No. 18914 — A Resolution Authorizing The Second Year (First Renewal) Of The Contract With American Facility Services Of Alpharetta, Georgia, For Janitorial Services For The Police Department, Fire Administration And Municipal Court, In An Annual Not-To-Exceed Amount Of $46,800.00. Police Building Maintenance Account No. 001-1101-521.32-00 (7) P.R. No. 18915 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 To The Contract Between The City Of Port Arthur And APAC-Texas, Inc., Of Beaumont, Texas, And GLO, For The 10th Street Paving Improvements, Increasing The Time Of The Contract By 11 Calendar Days Due To Weather Delays, To A New Term Of 191 Calendar Days, At No Additional Cost (8) P.R. No. 18916 — A Resolution Authorizing The City Manager To Execute Change Order No. 3 To The Contract Between The City Of Port Arthur And ALLCO, Inc., Of Beaumont, Texas, And GLO, For The 19th Street Paving Improvements, Increasing The Contract Amount By $23,533.63 To A New Contract Amount Of $687,046.69. Project No. I2119, GLO Round 2.2 Account No. 145- 1201-532.59-00 5 AGENDA MARCH 31, 2015 VI. CONSENT AGENDA — CONTINUED (9) P.R. No. 18917 — A Resolution Authorizing The City Manager To Execute A Letter Of Engagement With Whitley Penn, LLP, As Independent Auditor For The City Of Port Arthur In An Amount Not To Exceed $94,775.00 For The Year Ending September 30, 2014. Finance Department Account #001-1031-515.54-00 (10) P. R. No. 18918 — A Resolution Authorizing The City Manager To Execute A Sixty (60) Day Extension To The Lease Between The City Of Port Arthur And The Port Arthur Yacht Club (11) P.R. No.18919 — A Resolution Authorizing An Increase In Blanket Order No. 186250 By $60,000.00 For Bracewell & Giuliani, LLP, Of Houston, Texas, For Professional Services Regarding Annexation And Boundary Issues. Account No. 001-1003-512-59.00, Project No. M07004 (12) P.R. No. 18920 — A Resolution Authorizing The Award Of Bid And The Execution Of A Contract For The Installation Of A Centrifuge Control System Upgrades Motor Control Center At The Main Wastewater Treatment Plant (WWTP) With Andritz Separation, Inc., Of Arlington, Texas, In An Amount Not To Exceed $429,081.00. Funds Are Available In Utility Operations Account No. 428-1625-532.83-00, Project No. 428000 (13) P.R. No. 18921 — A Resolution Authorizing The Award Of Bid And The Execution Of A Contract For The Repair Of DS-706 Decanter At The Main Water Purification Plant With Vision Machine Inc., Of Spring, Texas, In An Amount Not To Exceed $44,240.00, Funds Are Available In Utility Operations Account No. 410-1252-532.42- 00 6 AGENDA MARCH 31, 2015 VI. CONSENT AGENDA — CONTINUED (14) P.R. No. 18923 - A Resolution Authorizing The City Manager To Execute The Third And Final Year Of A Contract Between The City Of Port Arthur And Hollier Construction Of Groves, Texas, For Slip- Form Placement Of Concrete On A Unit Cost Basis For The Not-To- Exceed Amount Of $100,000.00. Public Works Streets Division Account Nos. 001-1203-531.36/51/86 And CDBG Street Project Accounts (15) P.R. No. 18926 — A Resolution Authorizing Publication Of Notice Of Intention To Issue Certificates Of Obligation In The Principal Amount Of $2,250,000.00 For The Purpose Of Indebtedness Of The City Of Port Arthur For All Or Any Part Of The Costs Of Water And Sewer Improvements, Including The Planning, Acquisition And Design Of Water Line Improvements And The Cost Of Professional Services Incurred In Connection Therewith (16) P.R. No. 18927 — A Resolution Authorizing Publication Of Notice Of Intention To Issue Certificates Of Obligation In The Principal Amount Of $7,200,000.00 For The Purpose Of Indebtedness Of The City Of Port Arthur For All Or Any Part Of The Costs Of Water And Sewer Improvements, Including The Planning, Acquisition And Design Of A New Wastewater Treatment Plant And The Cost Of Professional Services Incurred In Connection Therewith (17) P.R. No. 18928 — A Resolution Authorizing An Increase To Blanket Purchase Order No. 183019 By $6,856.00 For Cell More Communications Of Houston, Texas, For The Monthly Monitoring Of The City's GPS Fleet Tracking. Funds Are Available In The Public Works Account No. 001-1201-531.43-01 (18) P.R. No. 18937 — A Resolution Designating And Establishing The Carnival Des Cajuns Entertainment Area For 2015, Designating The Southeast Texas Arts Council As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With The Southeast Texas Arts Council A MGENDAARCH 31, 2015 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 18910 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Mayor Pro Tern Freeman) (2) P.R. No. 18922 — A Resolution Authorizing The Submission Of An Initiated Ordinance To A Vote Of The Qualified Voters Of The City At A Special Election To Be Held On November 3, 2015, Pursuant To Article IV Of The Charter Of The City Of Port Arthur, And Authorizing The City Secretary To Prepare An Ordinance Calling For The Conduct Of Said Special Election Pursuant To The Deadlines Set Forth In Chapter 41 Of The Texas Election Code (3) P.R. No. 18930 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Pleasure Island Advisory Committee (Requested By The City Manager) B. Ordinances (1) P.O. No. 6355 - An Ordinance Of The City Of Port Arthur Amending "Chapter 22 — Businesses" Of The Port Arthur Code Of Ordinances By Adding "Division XI -- Gaming Sites And Gaming Machines" To Provide For Regulation Of The Operation Of Amusement Gaming Machines Within City Limits (2) P.O. No. 6447 — An Ordinance Authorizing The Adoption Of An Initiated Ordinance Requesting A Forensic Audit Pursuant To Article IV Of The Charter Of The City Of Port Arthur 8 AGENDA MARCH 31, 2015 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.O. No. 6448 — An Ordinance Amending Ordinance No. 15-06 For Purpose Of Declaring An Unopposed Candidate Elected For District 6 And Cancelling The Conduct Of A Joint Election With The Sabine Pass Independent School District And The Port Of Port Arthur Navigation District; Providing For The Conduct Of The May 9, 2015 General Election For The Purpose Of Electing Two (2) Councilmember In The City Of Port Arthur, Texas; And Providing For A Joint Election With The Port Arthur Independent School District And The Sabine Pass Port Authority In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice Una Ordenanza Que Rectifica La Ordenanza No. 15-06 Para Fines De Declarar Un Candidato Sin Oposicion Elegido Por El Distrito 6 Y Cancelacion De La Realizacion De Una Eleccion Conjunta Con El Distrito Escolar Independiente De Sabine Pass Y El Puerto de Port Arthur Distrito De Navegacion; Proporcionando La Realizacion de Mayo 9, 2015 Eleccion General Para El Proposito De Elegir A Dos (2) Concejal En La Ciudad De Port Arthur, Texas; Y Proporcionando Para Una Eleccion Conjunta Con El Distrito Escolar Independiente de Port Arthur Y La Autoridad del Puerto De Sabine Pass En Conformidad Con El Capitulo 271 Del Codigo Electoral De Texas, Y Proporcionando La Publicacion Del Anuncio De Elecciones (4) P.O. No. 6455 — An Ordinance Rescinding Ordinance 13-32 As It Pertains To The Changing Of The Zoning From Two-Family Residential (2F) To Planned Development District No. 36 (PD-36) For A 15.25 Acre Tract Of Land Out Of The Lambert Addition Subdivision, Volume 5, Page 28, M.R.J.C., City Of Port Arthur, Jefferson County (Requested By Councilmember Lewis) 9 AGENDA MARCH 31, 2015 VIII. 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 1, 2015. 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 *********************************************************** io 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.