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HomeMy WebLinkAbout06/09/2015 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR Energy � BRIAN McDOUGAL KAPRINA FRANK,MAYOR PRO TEM City of city CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY L.HAMILTON Ort r t h u r MORRIS ALBRIGHT Texas VAL TIZENO STEPHEN A.MOSELY CITY ATTORNEY WILLIE"BAE" LEWIS,JR. OSMAN SWATI DERRICK FREEMAN AG E N DA City Council Regular Meeting June 9, 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.portarthur.net City Council Meeting City Hall Council Chamber City Of Port Arthur June 9, 2015 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tern Frank Councilmember Scott, Jr. Councilmember Hamilton Councilmember Albright, III Councilmember Mosely Councilmember Lewis, Jr. Councilmember Swati Councilmember Freeman 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 February 03, 2015 February 09, 2015 IV. PETITIONS & COMMUNICATIONS A. Speakers (1) Gail Pellum And Naomi Bailey Regarding Juneteenth (2) Bill McCoy Regarding An Invitation To A Multi-City Meeting Regarding Economic Development 6 1 AGENDA JUNE 9, 2015 • IV. PETITIONS & COMMUNICATIONS — CONTINUED (3) Gerald Tervalon Regarding Stop The Violence Against Women And Children Campaign (STVAWC) B. Presentations (1) IT Update (2) Quarterly Financial Report C. Employee Recognition — None D. Correspondence — None V. PUBLIC HEARINGS — 9:00 A.M. (1) To Consider A Zoning Change From Two Family "2F" To Light Commercial "LC" At 2100 Bluebonnet Avenue/2101 14th Street, City Of Port Arthur, Jefferson County, Texas (2) To Consider A Zoning Change From Light Commercial "LC" To Planned Development District -33 "PD-33" At 2601 21St Street, City Of Port Arthur, Jefferson County, Texas VI. UNFINISHED BUSINESS — None 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. AGENDA JUNE 9, 2015 VII. CONSENT AGENDA — CONTINUED A. Resolutions — Consent (1) P.R. No. 18894 — A Resolution Authorizing The City Manager To Enter Into A Lease With GoGo, LLC, For An Aviation Tower On Pleasure Island (2) P.R. No. 18989 — A Resolution Authorizing Acceptance Of Engineer's Certificates Of Completion, Contractor's Certificate And Release, Contractor's Certificate Of Guarantee For The Completion Of Public Improvements (Water And Sewer System) To Serve The Royal Oaks Condominium Development Corporation Project, Emerlyn Meadows Subdivision, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (3) P.R. No. 19006 — A Resolution Authorizing The Execution Of Contracts For The Purchase Of Water Treatment Chemicals For The Utility Operations Department With Brenntag Southwest, Inc., TDC, LLC, DXI Industries, Inc., And Therchem Corporation In The Total Amount Not To Exceed $396,559.50 Funds Are Available In Water Purification And Wastewater Division O&M Budget Account Nos. 410-1252-532.29-02 & 410-1256-5325.29-00 (4) P.R. No. 19007 — A Resolution Approving Bylaws For The Paratransit Eligibility Board (5) P.R. No. 19014 — A Resolution Authorizing Acceptance Of Contractor's Certificate And Release And Contractor's Certificate Of Guarantee For The Flexible Base Streets Reconstruction Project And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas, And Approval Of Final Payment In The Amount Of $63,071.25. Funding Being Available In CDBG Streets Program Account 001-1203- 531.86-01 AGENDA JUNE 9, 2015 VII. CONSENT AGENDA — CONTINUED (6) P.R. No. 19015 — A Resolution Authorizing The City Manager To Enter Into A Contract Agreement With Arceneaux Wilson & Cole, LLC, Of Port Arthur, Texas, For Design And Construction Management Services For Parking And Drainage For The New Transit Administration Building, In An Amount Not To Exceed $9,500.00. Funds Are Available In Account 401-1509-561-82.00 And Grant TX90-2015 (7) P.R. No. 19017 — A Resolution Authorizing The City Manager To Execute A Contract Extension For Professional Services Between The City Of Port Arthur And Ergonomics Transportation Solutions, Inc., Of Houston, Texas, To Provide The Engineering Design For A Traffic Signal At 9th Avenue And Lake Arthur Drive For No Additional Cost (8) P.R. No. 19019 — A Resolution Approving A Community Pre- Employment Program Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Port Arthur Manufacturing, Inc., In An Amount Not To Exceed $13,000 For Two (2) Port Arthur Residents. Funding Available In EDC Account No. 120-1429-582.59-07 (9) P.R. No. 19020 — A Resolution Establishing An Industrial District Contract Compliance Committee (Requested By Councilmember Albright) (10) P.R. No. 19022 — A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur And Hassan Shomalzadeh, P.E., To Provide Temporary Contract Services For The City's Engineering Department 4 AGENDA JUNE 9, 2015 VII. CONSENT AGENDA — CONTINUED (11) P.R. No. 19023 - A Resolution Authorizing The City Manager To Execute Change Order No. 4 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 Seventeen (17) Calendar Days, To A New Term Of 308 Calendar Days, At No Additional Cost VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — None B. Ordinances (1) P.O. No. 6446 — An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2014 And Ending September 30, 2015 For The General Fund By $85,000 In Order To Fund Unanticipated Expenditures In The General Fund (2) P.O. No. 6463 — An Ordinance Amending Ordinance Number 98-04, Which Established The Construction Board Of Adjustments And Appeals, And Providing For An Amendment Of Its Rules And Regulations (3) P.O. No. 6466 — An Ordinance Of The City Of Port Arthur, Texas, Adopting An Official Map For The City; Providing For Maintenance And Filing Of The Official Map; And Providing For Related Matters (4) P.O. No. 6467 — An Ordinance Amending The Budget For The City Of Port Arthur Section 4A Economic Development Corporation For Fiscal Year Beginning October 1, 2014 And Ending September 30, 2015 For Professional Services AGENDA JUNE 9, 2015 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 On Pleasure Island (2) Section 551.087 Government Code — To Discuss Incentives/Tax Abatements For Commercial And/Or Industrial Business Prospects 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 June 10, 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.