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HomeMy WebLinkAboutMAY 12, 2015 REGULAR AGENDA DELORIS"BOBBIE" PRINCE,MAYOR Energy � BRIAN McDOUGAL DERRICK FREEMAN,MAYOR PRO TEM City of or, CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY L.HAMILTON O r t r t h u r MORRIS ALBRIGHT Texas VAL TREND STEPHEN A.MOSELY CITY ATTORNEY WILLIE"BAE" LEWIS,JR. ROBERT E.WILLIAMSON KAPRINA RICHARDSON FRANK AG E N DA City Council Regular Meeting May 12, 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. City Council Meeting City Hall Council Chamber City Of Port Arthur May 12, 2015 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 City Manager McDougal City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Blanton Or Designee II. APPROVAL OF AGENDA III. PROCLAMATIONS& MINUTES Proclamations Minutes — None IV. PETITIONS&COMMUNICATIONS A. Speakers — None 1 AGENDA MAY 12, 2015 IV. PETITIONS&COMMUNICATIONS— CONTINUED B. Presentations (1) Presentation By BASF/Total Petrochemicals (BTP) Regarding The PAR-BB Industrial Expansion Project (2) Presentation By Pure System International Regarding A Possible Tax Abatement (3) A Presentation By Total Petrochemicals & Refining USA, Inc. And Total PAR, LLC Regarding The Side Cracker Ethylene Project C. Employee Recognition — None D. Correspondence — None V. PUBLIC HEARINGS— None VI. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: (1) 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 VII. 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. 2 AGENDA MAY 12, 2015 VII. CONSENT AGENDA- CONTINUED A. Resolutions — Consent (1) P.R. No. 18911 — A Resolution Authorizing Revisions To The City's Owner Occupied Housing Assistance Rehabilitation And Reconstruction Program Guidelines (2) P.R. No. 18950 — A Resolution Authorizing The City Manager To Execute An Indirect Sales Contract With Itron, Inc., For The Provision Of Third Parry Software To Perform Meter Reading, Endpoint Maintenance, And Data Reporting In An Amount Not To Exceed $36,008.40 Annually, Account No. 410-1251-532.59-00 (Funds Will Be Allocated For This Expenditure In The FY2015/2016 Budget) (3) P.R. No. 18976 — A Resolution Authorizing The City Manager To Execute Change Order No. 3 To The Contract Between The City Of Port Arthur And Excavators & Constructors, Ltd., Of Port Arthur, Texas, And GLO, For The Construction Of Street Paving And Drainage Improvements Along 5th Street, Increasing The Time Of The Contract By Eleven (11) Calendar Days, To A New Term Of 270 Calendar Days, At No Additional Cost (4) P.R. No. 18977 — A Resolution Approving The 2015 City Streets Program In The City Of Port Arthur, With Funding Available In The Public Works Department Streets Program Account No. 001-1203- 531-86.00 (5) P.R. No. 18979 — A Resolution Authorizing The Fire Chief And Police Chief To Apply For The 2015 Port Security Grant (6) P.R. No. 18980 — A Resolution Authorizing The City Manager To Enter Into An Amended Interlocal Agreement Regarding The South East Texas Regional Radio System AGENDA MAY 12, 2015 VII. CONSENT AGENDA- CONTINUED (7) P.R. No. 18981 — A Resolution Designating The Building Formerly Known As The First National Bank Building, Located At 501 Procter Street, Port Arthur, Jefferson County, Texas, As A Local Historical Landmark. Port Arthur Historical Landmark Commission Case No. H15-01 (8) P.R. No. 18982 — A Resolution Authorizing The City Manager To Execute The Third Amendment To The Water Service Agreement Between Sabine Pass Liquefaction, LLC And The City Of Port Arthur (9) P.R. No. 18983 — A Resolution Authorizing The Second Year (First Renewal) Of The Agreement With Crabtree Barricade Systems, Inc. Of Beaumont, Texas, For The Annual Striping Of City Streets, In An Annual Not To Exceed Amount Of $50,000.00 Contingent On Funding Being Available In Public Works/Other Contractual Services Account No. 001-1205-531.59-00 (10) P.R. No. 18984 — A Resolution Authorizing Re-Certification Of Tender Loving Care Center For Children D/B/A Legacy Community Development Corporation As A Community Housing Development Organization (CHDO) And Authorizing The City Manager To Execute A Contract With Tender Loving Care Center For Children D/B/A Legacy Community Development Corporation For Site Clearance, Development, New Construction And Sale Of Three (3) Homes. The Total Amount Provided For Said Activities Is $300,000.00, Provided By The Federal Home Program, Account Number 108-2141-626.59- 00, Project Numbers, HE1301, HE1401, HE1501 And Home Program Income Funds (11) P.R. No. 18988 — A Resolution Authorizing The City Manager To Execute Change Order No. 9 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, For Time Extension Of 13 Days, Due To Weather Delays, To A New Contract Completion Date Of May 26, 2015 4 AGENDA MAY 12, 2015 VII. CONSENT AGENDA— CONTINUED (12) P.R. No. 18990 — A Resolution Authorizing The City Manager To Execute Settlement Of The Property Damage Claim In The Amount Of $18,161.11 Made Against Johnie Dixon And Praetorian Insurance Company, As A Result Of Property Damage To City Trash Truck Vehicle #1760 (13) P.R. No. 18991 — A Resolution Calling For A Public Hearing To Consider A Zoning Change From Light Commercial To Planned Development District — 33 For 1.800 Acres Of Land Consisting Of All Of Lots 2 — 6, Block 5 And Lots 1 — 5, Block 6, Gorman Place (A.K.A. 2601 21st Street), City Of Port Arthur, Jefferson County, Texas (14) P.R. No. 18992 — A Resolution Calling For A Public Hearing To Consider A Zoning Change From Two Family To Light Commercial For Approximately 0.1584 Acre Of Land Consisting Of All Of Lot 4, Block 307 (A.K.A. 2100 Bluebonnet Avenue / 2101 14th Street), City Of Port Arthur, Jefferson County, Texas (15) P.R. No. 18993 — A Resolution Authorizing The Advertisement Of A Request For Qualifications (RFQ) For Forensic Accounting Services VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P. R. No. 18985 — A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With Total Petrochemicals & Refining USA, Inc. And Total Par, LLC, Exclusively For The Expansion Of Its Existing Facility For The Construction Of A New Side-Cracker (Ethylene) Project (2) P.R. No. 18986 — A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With BASF Total Petrochemicals LLC, Total Petrochemicals & Refining USA, Inc., And BASF Corporation ("BTP") Exclusively For The Expansion Of Its Existing Facility For The Construction Of A New Project 5 AGENDA MAY 12, 2015 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances (1) P. 0. No. 6453 — An Ordinance Authorizing The Issuance Of City Of Port Arthur, Texas, Combination Tax & Revenue Certificates Of Obligation, Series 2015B (2) P. 0. No. 6454 — An Ordinance Authorizing The Issuance Of City Of Port Arthur, Texas, Combination Tax & Revenue Certificates Of Obligation, Series 2015A IX. *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: (1) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (Total Petrochemicals & Refining USA, Inc. and TOTAL PAR, LLC) 6 AGENDA MAY 12, 2015 DC *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (2) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (BTP) (3) Section 551.087 Government Code — To Discuss Proposed EDC Incentive/Loan Agreement with Pure System International, Ltd. (4) Section 551.074 Government Code — Evaluation Of The Municipal Court Judge (5) Section 551.074 Government Code — Evaluation Of The City Attorney (6) Section 551.074 Government Code — Evaluation Of The City Secretary X. WORKSHOP Freese And Nichols, Inc. And Catalyst Commercial Will Discuss The Downtown Revitalization Plan Recommendations And Market Analysis For The City Of Port Arthur XI. 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 May 13, 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 ************************************************************ 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 Councit,, 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.