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HomeMy WebLinkAboutAPRIL 14, 2015 REGULAR MEETING 8:30 A.M. DELORIS"BOBBIE"PRINCE,MAYOR en„ , - BRIAN McDOUGAL DERRICK FREEMAN,MAYOR PRO TEM City of --'” CITY MANAGER A COUNCIL MEMBERS: 4 . IJ SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY L.HAMILTON Ort r t h to r MORRIS ALBRIGHT VAL TIZENO STEPHEN A.MOSELY TF t`tS CITY ATTORNEY WILLIE"BAE" LEWIS,JR. ROBERT E.WILLIAMSON KAPRINA RICHARDSON FRANK AG E N DA City Council Regular Meeting April 14, 2015 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) 983-8115. P.O BOX 1089• PORT ARTHUR.TEXAS 77641-1089 • 409/983-8115 • FAX 409/983-8128 • WWW.porta2thur.net City Council Meeting City Hall Council Chamber City Of Port Arthur April 14, 2015 [ 8:30 A.M. I 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 I II. PROCLAMATIONS & MINUTES Proclamations - None Minutes — None III. PETITIONS & COMMUNICATIONS A. Speakers - None 1 AGENDA APRIL 14, 2015 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) Presentation By Emerald Biofuels, LLC Regarding A Potential Industrial District Agreement/Incentive C. Employee Recognition — None D. Correspondence Letter From Kirk Vital IV. PUBLIC HEARINGS - None 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Expense Reports: (1) Judge Kermit Morrison: Attended TMCEC Annual Regional Judges Seminar Galveston, TX, February 16-18, 2015 $357.56 AGENDA APRIL 14, 2015 VI. CONSENT AGENDA - CONTINUED B. Resolutions — Consent (1) P.R. No. 18807 — A Resolution Authorizing The City Manager To Enter Into A Contract With Houck Transit Advertising, Of Saint Paul, Minnesota, For Marketing, Accounting And Client Services To Pursue Program Income From Advertising Revenues For Port Arthur Transit (PAT) (2) P.R. No. 18878 - A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Commercial Leasing And Property Management Services Contract With Hayes Real Estate For The Property At 501 Procter Street In Port Arthur, Texas (3) P.R. No. 18891 - A Resolution Authorizing The Utility Operations Division To Fulfill All Legal Requirements For The Abandonment Of The 300' Portion Of The 6" Cast Iron Waterline Located At 548 West 5th Street (4) P.R. No. 18913 - A Resolution Authorizing The City Manager And Fire Chief To Transfer Air Monitoring Equipment To Hardin County And Jefferson County (5) P.R. No. 18925 — A Resolution Authorizing The City Manager To Enter Into A Contract With Mansfield Oil Company Of Gainesville, Inc., Of Gainesville, Georgia, For The Purchase Of Ultra Low Sulfur Diesel Fuel, In An Amount Not To Exceed $350,000.00. Funding Is Available In Transit Account No.(s): 401-1501-561.24-00 And 401- 1506-561.24-00 AGENDA APRIL 14, 2015 VI. CONSENT AGENDA - CONTINUED (6) P.R. No. 18929 — A Resolution Creating An ADA Paratransit Eligibility Board For Appeals Within Sixty (60) Days Of Denial Of Riders' Eligibility, In Compliance With The United States Department Of Transportation (7) P.R. No. 18931 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (8) P.R. No. 18934 — A Resolution Authorizing The Purchase Of Commercial Windstorm Coverage In An Amount Not To Exceed $332,030.00 Per Annum. Proposed Funding By General Liability Insurance Fund 612-1702-581.52-00 (9) P.R. No. 18935 — A Resolution Authorizing The City Manager To Execute Settlement Of A Property Damage Claim In The Amount Of $5,415.00, Made Against Devin Marmon And Allstate Insurance Company, As A Result Of Property Damage To The Fire Station #5 Garage Door (6099 Lewis Drive) (10) P.R. No. 18936 — A Resolution Authorizing The City Manager To Execute Settlement Of The Property Damage Claim In The Amount Of $5,694.75, Made Against Strike, LLC, As A Result Of Property Damage To A Water Line (3401-3801 Redbud Avenue) (11) P.R. No. 18939 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Renew The Contract For Landscaping And Irrigation Maintenance At The Highway 73 Business Park With Affordable Lawn & Tractor Service Of Port Arthur, Texas, In An Amount Not To Exceed $10,000.00. EDC Account No. 120-1429-582-59-02 (12) P.R. No. 18940 - A Resolution Awarding The Bid And Authorizing The Execution Of A Contract For The Purchase Of Meter Boxes And Lids For The Utility Operations Department With ACT Pipe & Supply, Of Beaumont, Texas, In An Annual Not-To-Exceed Amount Of $228,792.25. Funds Are Available In Account No(s). 414-1621- 532.85-00 & 410-1253-532.35-00 4 A APRILGENDA 14, 2015 VI. CONSENT AGENDA - CONTINUED (13) P.R. No. 18944 — A Resolution Authorizing The City Manager To Execute Change Order No. 8 To The Contract Between The City Of Port Arthur And ALLCO, L.L.C., Of Beaumont, Texas, For The Highway 87 Water System Improvements From Keith Lake To Sabine Pass Standpipe, To Modify The Existing Chain Link Fence Around Sabine Pass Standpipe, Increasing The Contract By $10,880.00, To A New Contract Amount Of $3,608,402.89, And For A Time Extension Of Seventeen (17) Days, Due To Weather Delays In The Month Of March, For A New Date Of Completion, May 13, 2015. Funding Available In City Account No. 429-1258-532.59-00, Project No. WSI002 (14) P.R. No. 18945 - A Resolution Approving The Extension Of 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 (15) P.R. No. 18946 - A Resolution Approving A Grant To Annie Mae Stephenson For The Operation Of A Diner, Cost Will Be Attributed To The Exterior Renovation And Electrical Improvements To The Property Located At 520 Houston Avenue Under The Operation Downtown Site Improvement Grant Program (16) P.R. No. 18947 — A Resolution Authorizing The City Of Prot Arthur Section 4A Economic Development Corporation To Award A Bid And Enter Into A Contract With ALLCO, Inc., For Site Grading And Removal Of Dirt In The Spur 93 Business Park In An Amount Not To Exceed $291,615.60 (17) P.R. No. 18948 - A Resolution Of The City Of Port Arthur, Texas, In Opposition To A Revenue Cap And Legislative Interference With Local Services (Requested By Mayor Prince) 5 AGENDA APRIL 14, 2015 VI. CONSENT AGENDA - CONTINUED (18) P.R. No. 18949 - A Resolution Of The City Council Of The City Of Port Arthur, Texas, Opposing Senate Bill 343 And Any Other Legislation Which Would Erode The Authority Of A Home Rule Municipality; Finding Compliance With The Open Meetings Law; And Providing An Effective Date Hereof (Requested By Mayor Prince) (19) P.R. No. 18951 - A Resolution Authorizing The City Manager To Execute A Time And Materials Contract Between The City Of Port Arthur And ALLCO, Inc., Of Beaumont, Texas, For The Emergency Levee Repairs At DeQueen Boulevard And Lakeshore Drive, In The Amount Not To Exceed $475,000.00 Plus Contingency. Funds Are Available In Sewer Reconstruction Account No. 428-1625-532.83- 00, Project No. 428000 And Drainage Capital Improvement Account No. 301-1601-591.84-00, Project No. GO-805 (20) P.R. No. 18952 - A Resolution Authorizing The City Manager To Execute Change Order No. 3 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 202 Calendar Days, At No Additional Cost (21) P.R. No. 18953 - A Resolution Authorizing The City Manager And The City's Health Director To Execute Memorandums Of Understanding Between The City Of Port Arthur And The City Of Port Neches, Texas, Queen Of Vietnam Church, BASF Total Petrochemical, And Port Neches Independent School District To Support Mass Measures Designed To Preserve Health And Prevent The Spread Of Disease During A Public Health Emergency 6 INIMINIIIIIMIIIIMMIIMINNIMINNINIENI AGENDA APRIL 14, 2015 VI. CONSENT AGENDA - CONTINUED (22) P.R. No. 18957 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 (Increasing The Time By 11 Days) And Change Order No. 3 (Increasing The Time By 21 Days) To The Contract Between The City Of Port Arthur And SeTEX Construction Corp. Of Beaumont, Texas, Due To Unforeseen Weather Conditions, To A New Term Of 147 Days, At No Additional Cost And To Accept The Architect's Certificate Of Substantial Completion From The LaBiche Architectural Group, Inc., For The Improvements To Lincoln Park, Montrose Park And Lyon's Park (23) P.R. No. 18958 - A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And The Port Arthur American Little League For Virginia/Sal Grado Field At Pioneer Park (24) P.R. No. 18959 - A Resolution Authorizing The City Manager To Execute Three (3) Contracts Between The City Of Port Arthur And Port Acres Little League Organization For The Use Of Miguez, Girls Softball And Pee Wee Fields At County Park (25) P.R. No. 18960 - A Resolution Authorizing The City Manager To Execute Three (3) Contracts Between The City Of Port Arthur And The Port Arthur Baseball Association, For The Use Of City Baseball Fields At Adams Park (26) P.R. No. 18961 — A Resolution Authorizing The Second Year (First Renewal) Of A Contract Between The City Of Port Arthur And H D Supply Of Beaumont, Texas, For The Purchase Of Repair Clamps, For The Utility Operations Department, In The Total Not-To-Exceed Amount Of $134,112.05 Annually. Funds Are Available In Account No(s). 410-1253-532.35-00 & 410-1255-532.33-00 AGENDA APRIL 14, 2015 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 18938 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Civic & Activity Center Commission (2) P.R. No. 18954 - A Resolution Appointing And/Or Reappointing A Member Or Members To The Pleasure Island Advisory Committee (Requested By Councilmember Hamilton) B. Ordinances (1) P.O. No. 6456 - An Ordinance Amending Section 2 Of The Code Of Ordinances By Adding Section 2-73(A)(2) As It Pertains To Approval Of The Agenda (Requested By Councilmember Williamson) 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 8 AGENDA APRIL 14, 2015 VIII. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED Closed Meeting: (1) Section 551.071 Government Code — To Discuss With The City Attorney Pending Litigation With Daimler Chrysler (2) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Pure System International, Ltd.) (3) Section 551.071 Government Code — To Discuss With The City Attorney Potential Litigation With John Hall Public Affairs IX. WORKSHOP (1) Becoming A Certified "Film-Friendly City" (2) 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) X. 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 15, 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 ************************************************************ tk 9 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.