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HomeMy WebLinkAboutAPRIL 28, 2015 REGULAR MEETING DELORIS"BOBBIE" PRINCE,MAYOR ` e.�,.. BRIAN McDOUGAL DERRICK FREEMAN,MAYOR PRO TEM Cit of CITY MANAGER COUNCIL MEMBERS: 40.1 1 SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY L.HAMILTON O r t r t h u r MORRIS ALBRIGHT Texas VAL TIZENO STEPHEN A.MOSELY CITY ATTORNEY WILLIE"BAE" LEWIS,JR. ROBERT E.WILLIAMSON KAPRINA RICHARDSON FRANK AG E N DA City Council Regular Meeting April 28, 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.O BOX 1089• PORT ARTHUR,TEXAS 77641-1089 •409/983-8115 • FAX 409/983-8128 • www.portarthur.net City Council Meeting 1 City Hall Council Chamber City Of Port Arthur April 28, 2015 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem 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 - None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Zoe Jackson-Jarra Regarding "I Got U" Day, Video Music Recording Shoot And Networking Mixer Highlighting Holistic Health 1 AGENDA APRIL 28, 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 - None 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: (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) 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 28, 2015 VI. CONSENT AGENDA — CONTINUED A. Resolutions — Consent (1) P.R. No. 18888 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Arceneaux Wilson & Cole, LLC, Of Port Arthur, Texas, For Design And Construction Phase Services Of The Main Wastewater Treatment Plant's Stormwater Clarifier Alternative Treatment Unit, Not To Exceed $181,636.00. Account No. 428-1625-532.83-00 (2) P.R. No. 18912 - A Resolution Authorizing The City Manager And Fire Chief To Exchange Used/Surplus Dive Equipment For New Dive Equipment And Training Services With True Blue Watersports Of Lake Charles, Louisiana (3) P.R. No. 18955 — A Resolution Authorizing The City Manager To Execute A Contract Extension Between The City Of Port Arthur And Freese And Nichols, Inc., Of Houston, Texas, For The Development Of The Port Arthur Downtown Revitalization Plan (4) P.R. No. 18956 — A Resolution Rescinding In Its Entirety Resolution No. 15-059 Which Authorized The Award Of Bid And The Execution Of A Contract For The Installation Of A Motor Control Center At The 46th Street Lift Station With Gonzales Electrical Systems, LLC, Of Beaumont, Texas, In An Amount Not To Exceed $31,745.00 (5) P.R. No. 18963 - A Resolution Amending Resolution No. 15-131, As To The 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 Annual Amount Not To Exceed $6,000.00. Funds Available In Transit Account No. 401-1501-561.51-00 3 AGENDA APRIL 28, 2015 VI. CONSENT AGENDA — CONTINUED (6) P.R. No. 18964 - A Resolution Authorizing The City Manager And The City's Health Director To Execute A Memorandum Of Understanding Between The City Of Port Arthur And The City Of Houston Health And Human Services To Share Pulsed-Field Gel Electrophoresis Database Information During Bacteria Outbreaks (7) P.R. No. 18965 - A Resolution Approving An Affiliation Agreement Between The City Of Port Arthur Health Department And Lamar University, Beaumont, Texas, For The Use Of The Facilities For Community Health Interns (8) P.R. No. 18966 — A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts (9) P.R. No. 18967 — A Resolution Authorizing An Amendment To The Contract Between The City Of Port Arthur And Arceneaux Wilson & Cole, LLC, Of Port Arthur, Texas, For Construction Phase Services For The 24 Inch Water Line From 19th Street To Sabine-Neches Canal Increasing The Term By 270 Days (10) P.R. No. 18969 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And ALLCO, Inc., Of Beaumont, Texas, And GLO, For The Construction Of Bluebonnet Avenue Street Improvements, Increasing The Contract Amount By $24,843.78, To A New Contract Amount Of $1,826,453.78. Project No. I2119, GLO Round 2.2 Account No. 145-1201-532.59-00 (11) P.R. No. 18970 — A Resolution Authorizing The City Manager To Execute Change Order No. 4 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 18 Calendar Days Due To Weather Delays, To A New Term Of 220 Calendar Days, At No Additional Cost 4 AGENDA APRIL 28, 2015 VI. CONSENT AGENDA — CONTINUED (12) P.R. No. 18972 — A Resolution Rescinding Resolution No. 14-636 In Its Entirety, Which Authorized The Execution Of A Homebuyer's Written Agreement For The Purchase Of 1947 9th Street, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program (13) P.R. No. 18973 — A Resolution Rescinding Resolution No. 15-068 In Its Entirety As It Pertains To The Mowing Contract Between The City Of Port Arthur And U. S. Lawn Of Beaumont, Texas, For Group 12 (14) P.R. No. 18974 — A Resolution Awarding The Bid And Authorizing The Execution Of A Contract For The Purchase Of A Motor For A Vertical Pump For The Utility Operations Department With Houston Motor & Control, Of Houston, Texas, In The Not-To- Exceed Amount Of $42,459.00. Funds Are Available In Account Number 410-1255-532.42-00 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 18943 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Youth Advisory Council (Requested By Councilmember Mosely) (2) P.R. No. 18962 - A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Mosely) 5 AGENDA APRIL 28, 2015 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT - CONTINUED (3) P. R. No. 18975 - A Resolution Amending Resolution No. 14-112 As It Pertains To A Uniform Tax Abatement Policy For The Term March 9, 2014 Through March 9, 2016 Pursuant To Chapter 312 Of The Texas Property Code B. Ordinances (1) P.O. No. 6457 - 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) P.O. No. 6458 — An Ordinance Amending Ordinance No. 15-07, Which Authorized Special Warranty Deeds For Conveyance Of Property To Low And Moderate Income Residents Of The City Who Are Participating In The Hurricane Ike Housing Reconstruction Program Through The Texas Department Of Housing & Community Affairs (TDHCA) (3) P.O. No. 6459 — An Ordinance Dedicating A 1.03 Acre Tract Of Land For Park Purposes In The City Or Port Arthur, Texas And Providing For The Effective Date Of This Ordinance 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 29, 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 *********************************************************** 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.