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HomeMy WebLinkAboutJUNE 23, 2015 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR BRIAN McDOUGAL KAPRINA FRANK,MAYOR PRO TEM C' 'of �. CITY MANAGER COUNCIL MEMBERS: I' + / SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. -- CITY SECRETARY TIFFANY L.HAMILTON ort rill ft u r MORRIS ALBRIGHT VAL TIZENO STEPHEN A.MOSELY Tr'.tus CITY ATTORNEY WILLIE"BAE" LEWIS,JR. OSMAN SWATI DERRICK FREEMAN AG E N DA City Council Regular Meeting June 23, 2015 5:30 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, (409) 983-8115. P.O BOX 1089•PORT ARTHUR,TEXAS 77641-1089 • 409/983-8115 • FAX 409/983-8128 • www.portarthur.net f f City Council Meeting City Hall Council Chamber City Of Port Arthur June 23, 2015 5:30 PM 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 — None IV. PETITIONS & COMMUNICATIONS A. Speakers (1) James Federick Regarding Water Billing And Water Utilities (2) Mary T. Doucet Regarding Environmental Concerns — Residential B. Presentations 3rd Annual "Bullying Stops Here Rally" By Darnetta Antoine and Brenda Milo n AGENDA JUNE 23, 2015 IV. PETITIONS & COMMUNICATIONS — CONTINUED C. Employee Recognition — None D. Correspondence — None V. PUBLIC HEARING — 6:00 P.M. NONE VI. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Expense Reports Mayor Deloris Prince: Use Of Personal Auto For City Business SETX Regional Planning, June 17, 2015 $27.63 B. Resolutions — Consent (1) P.R. No. 18933 — A Resolution Authorizing An Increase To Blanket Purchase Order No. 182400 By $50,000.00 For Evoqua Water Technologies LLC (Formerly Siemens Water Technologies LLC) For The Purchase Of Sodium Chlorite For The Utility Operations Department. Funds Are Available In Account No. 410-1252-532.29-02 (2) P.R. No. 18941 — A Resolution Authorizing Acceptance Of Engineer's Certificates Of Completion, Contractor's Certificate And Release, And Contractor's Certificates Of Guarantee For The Completion Of Public Improvements (Water And Sewer System) To Serve Icon Builders, LLC Project, Port Arthur Housing Authority's Park Central Apartments And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas -1I AGENDA JUNE 23, 2015 VII. CONSENT AGENDA — CONTINUED (3) P.R. No. 18971 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts. (4) P.R. No. 18994 — A Resolution Authorizing Acceptance Of Engineer's Certificate Of Completion, Contractor's Certificate And Release, Contractor's Certificate Of Guarantee, And The Developer's Bond Submittal For The Williamson Industrial Park Subdivision And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (5) P.R. No. 19002 — A Resolution Authorizing The City Manager To Execute A Lease Agreement Between The City Of Port Arthur And The Port Arthur Yacht Club (6) P.R. No. 19018 — A Resolution Authorizing The Execution Of A Contract For The Purchase Of Fire Hydrants For The Utility Operations Department With HD Supply Of Beaumont, Texas, In The Total Not To Exceed Amount Of $173,694.70 (Unit Prices As Shown In The Attached Bid Tabulation). Funds Are Available In Account No. 410-1253-532.35-00 (7) P.R. No. 19024 — A Resolution Authorizing The City Manager To Make Application And Receive Funding Through The 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) Program In The Amount Of $28,337.00 (8) P.R. No. 19025 — A Resolution Authorizing An Increase To Blanket Purchase Order No. 183019 To The Amount Of $80,301.00 And Authorizing The City Manager To Enter Into An Agreement With Cell More Communications Of Houston, Texas, For The Annual Software Service For City Equipment/Vehicles GPS At $5,550.00 Per Month To An Amount Not-To-Exceed $66,600.00. Funds Are Available In The Public Works Administration Motor Vehicle Maintenance GPS Service Cost Account No. 001-1201-531.43-01 (9) P.R. No. 19026 — A Resolution Approving An Amendment To Pipeline Right Of Way And Easement With PI Dock Facilities, LLC, Of San Antonio, Texas, For The Construction Of A Proposed 36 Inch Crude Oil Pipeline Within The Corporate Limits Of The City Of Port Arthur (10) P.R. No. 19027 — A Resolution Authorizing The City Manager And City's Health Director To Execute A Memorandum Of Understanding Between The City Of Port Arthur And The Port Neches Chamber Of Commerce To Support Mass Preventative Measures That Preserve Health And Prevent The Spread Of Disease During A Public Health Emergency n 3 _ ' I AGENDA JUNE 23, 2015 VII. CONSENT AGENDA — CONTINUED (11) P.R. No. 19029 — A Resolution Authorizing The City Manager To Enter Into An Agreement With The Labiche Architectural Group, Inc., For The Provision Of Professional Architectural Services For Renovation Of The Downtown Pavilion And Peoples Park In An Amount Not To Exceed Amount Of $54,000.00. Funding Available In Account No(s). 001-1207-531.54-00 ($20,000.00), 120- 1429-582.59-05 ($24,000.00), External Grant To Labiche Architectural Group [Previously Received] ($10,000.00) VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions P.R. No. 19030 — A Resolution Authorizing The Execution Of A Contract For The Purchase Of Two (2) 24 Inch EZ2 Valve Installations For The Utility Operations Department With McCain Water Works Marketing Of San Antonio, Texas, In The Total Not To Exceed Amount Of $100,000.00. Funds Are Available In Account No. 410-1251-532.54-00 B. Ordinances (1) P.O. No. 6469 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Creating Planned Development District-33 [PD-33] On Lots 2 — 6, Block 5 And Lots 1 — 5, Block 6, Gorman Place, Port Arthur, Jefferson County, Texas (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Section 1-13 Of The Code Of Ordinances As Amended By A Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date. (Z14-11) Dhanpaul & Brahaspati Persaud (2) P.O. No. 6470 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning From Two Family (2F) To Light Commercial (LC) For 0.1584 Acre Of Land Consisting Of All Of Lot 4, Block 307, City Of Port Arthur, Jefferson County, Texas (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Chapter 1, Section 1-13 Of The Code Of Ordinances, As Amended, By A Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date. Z15-04 — Bluebonnet Grocery. Two Family (2F) To Light Commercial (LC) AGENDA JUNE 23, 2015 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.O. No. 6471 — An Ordinance Of The City Of Port Arthur, Texas, Authorizing The Suspension Of The Effective Date For An Additional Ninety (90) Days Beyond The July 17, 2015, Effective Date Proposed By Entergy Texas, Inc., In Connection With Its Rate Increase Application Entitled "Application Of Entergy Texas, Inc. For Authority To Change Rates", Filed On June 12, 2015; Authorizing The Hiring Of Lawyers And Rate Experts; Authorizing The City's Participation To The Full Extent Permitted By Law At The Public Utility Commission Of Texas, Requiring Reimbursement Of Municipal Rate Case Expenses; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject, And Declaring An Effective Date (4) P.O. No. 6472 — An Ordinance Authorizing A Special Warranty Deed For Conveyance Of Property To Low To Moderate Income Resident Of The City Who Is Participating In The Hurricane Ike Round Two Housing Reconstruction Program Through The Texas Department Of Housing & Community Affairs (TDHCA) (5) P.O. No. 6473 — An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2014 And Ending September 30, 2015 For The Water And Sewer Fund By $220,500.00 In Order To Fund Operating Costs IX. 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 24, 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 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.