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HomeMy WebLinkAboutAGENDA - OCTOBER 13, 2015 - REGULAR MEETING jli/;/„ DELORIS"BOBBIE"PRINCE,MAYOR __ Energy BRIAN McDOUGAL KAPRINA FRANK,MAYOR PRO TEM City of cto CITY MANAGER COUNCIL MEMBERS: I rj SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY L.HAMILTON ort r t h u r MORRIS ALBRIGHT VAL TIZENO STEPHEN A.MOSELY Tcxas CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI DERRICK FREEMAN AG E N DA City Council Regular Meeting October 13, 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 City Hall Council Chamber City Of Port Arthur October 13, 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. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) James Fedrick Sr. Regarding Street Repairs (2) Cuevas Peacock Regarding The Westside Neighborhood Association Fall Festival 1 AGENDA OCTOBER 13, 2015 III. PETITIONS & COMMUNICATIONS - CONTINUED B. Presentations (1) Joseph Theall/Lelo Washington Excessive Growth Of Weeds In Vista Village And Potholes Between H.O. Mills And Linkwood On Houston Avenue (2) Councilmember Tiffany Hamilton Recognition Of Volunteers Participating In The Helping Hands Community Clean Up Project And Updates 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: 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) Mayor Deloris Prince: South East Texas Regional Planning Commission Meeting Beaumont, TX, September 16, 2015 $27.63 2 AGENDA OCTOBER 13, 2015 VI. CONSENT AGENDA — CONTINUED (2) Mayor Deloris Prince: Texas Municipal League Annual Conference San Antonio, TX, September 21-25, 2015 $1,433.78 (3) Councilmember Raymond Scott: Texas Municipal League Annual Conference San Antonio, TX, September 22-25, 2015 $1,659.17 (4) Councilmember Willie "Bae" Lewis: Texas Municipal League Annual Conference San Antonio, TX, September 22-25, 2015 $1,641.89 (5) Councilmember Kaprina Frank: Texas Municipal League Annual Conference San Antonio, TX, September 22-25, 2015 $1,613.64 (6) Councilmember Stephen Mosely: Texas Municipal League Annual Conference San Antonio, TX, September 22 — 25, 2015 $1,563.79 (7) City Attorney Valecia Tizeno: Texas Municipal League Annual Conference San Antonio, TX September 23 -25, 2015 $1,588.57 C. Resolutions — Consent (1) P.R. No. 19064 — A Resolution Authorizing The City Manager To Execute A Conservation Easement To "Keep Texas/Port Arthur Beautiful, Inc.", In Order To Preserve A 1.03 Acre Tract Of Land Being Lots A Through F, Block R 17, Reservation For Park Purposes (2) P.R. No. 19094 — A Resolution Approving Water And Sewer Adjustment To Certain Accounts 3 AGENDA OCTOBER 13, 2015 VI. CONSENT AGENDA — CONTINUED (3) P.R. No. 19103 — A Resolution Authorizing The Execution Of A Two (2) Year Contract For Professional Engineering Services Between The City Of Port Arthur And Carroll & Blackman, Inc., For Management Of The Storm Water Pollution Prevention Plan For Transit Facilities In The Amount Of $4,500 Annually. Funds Available In Transit Account 401-1504-561.54-00 (4) P.R. No. 19147 — A Resolution Authorizing A Three Year Supplement To The Application Services Provider Agreement With SunGard Public Sector, Inc. Finance Account No. 001-1034-515- 54.00 (5) P.R. No. 19150 — A Resolution Calling For A Public Hearing To Consider A Proposed Abandonment For 0.6543 Acre Of Land Consisting Of The Unimproved Portion Of The 17th Street Right-Of- Way And Adjacent Alley Right-Of-Way North Of Gulfway Drive [A.K.A. S.H. 87] And West Of 9th Avenue, City Of Port Arthur, Jefferson County, Texas. A15-03 (Magna Properties, LTD./City Of Port Arthur) (6) P.R. No. 19157 — A Resolution Terminating The Contract With Simco Enterprises, Ltd. Of Groves, Texas, And Authorizing The City Manager To Enter Into A Contract With Synagro Of Texas-CDR, Inc., Of Baltimore, Maryland, For Clean Out And Closure Of The Lagoon/ Retention Pond At The Main Wastewater Treatment Plant, In The Amount Of $223,000.00; Funds Available In Sewer Reconstruction Account No. 428-1625-532.83-00 And Other Utility Accounts, Project No. Lagoon (7) P.R. No. 19158 — A Resolution Calling For A Public Hearing To Consider A Proposed Abandonment For 6.651 Acres Of Land Consisting Of The Unimproved Portion Of Taft Avenue Right-Of- Way South Of The Procter Street Extension Intersection, City Of Port Arthur, Jefferson County, Texas. A15-01 (KCS Railway Company) 4 AGENDA OCTOBER 13, 2015 VI. CONSENT AGENDA — CONTINUED (8) P.R. No. 19159 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into An Agreement With The Labiche Architectural Group, Inc., For Architectural Services And Construction Administration Related To The Construction Of A Recreational Area Inside The Spur 93 Business Park At A Cost Not To Exceed $15,000.00 Plus Reimbursable Expenses (9) P.R. No. 19167 — A Resolution Calling For A Public Hearing To Consider A Proposed Abandonment For 0.0459 Acre Of Land, Consisting Of A Utility Easement Located Within Tract 1-A And 1-B, Block 12, Town Of Griffing, City Of Port Arthur, Jefferson County, Texas. A15-02 (The Hughen Center, Inc.) (10) P.R. No. 19171 — A Resolution Authorizing The Purchase Of A Gradall Excavator From Associated Supply Co., Inc., (ASCO) Of Beaumont, Texas, Under Buyboard Contract No. 424-13 For The Public Works Department Drainage Division In The Amount Of $366,656.80. Funding Available In Account Number 625-1801- 515.93-00, Project Number FH1601 (11) P.R. No. 19172 — A Resolution Authorizing The Purchase Of Two Water Trucks From Southwest International Trucks, Inc., Of Arlington, Texas, Under Buyboard Contract No 424-13 For The Public Works Department Streets Division In The Amount Of $207,710.00. Funding Available In Account Number 625-1801- 515.93-00, Project Number FH1601 (12) P.R. No. 19174 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into An On-The-Job Training Contract With Team Fabricators, LLC, For Reimbursement Of 50% Of The Training Cost For Port Arthur Residents, Not To Exceed $12,000.00 5 I III I uI I 1 AGEN OCTOBDA ER 13, 2015 VI. CONSENT AGENDA — CONTINUED (13) P.R. No. 19176 — A Resolution Authorizing The Purchase Of A 600- B203 Asphalt Zipper From Asphalt Zipper Of Salt Lake City, Utah, Through HGAC Contract Pricing, For The Public Works Streets Division, In The Amount Of $167,990.00. Funds Are Available In The Public Works Streets Division Equipment Account No. 001- 1203-531.92-00 (14) P.R. No. 19177 - A Resolution Authorizing The Purchase Of A JCB j 3CX-14 Super Backhoe Loader From Adobe JCB Of Houston, Texas, Through BuyBoard Contract No. 424-13, For The Public Works Streets Division, In The Amount Of $65,730.00. Funds Are Available In The Public Works Streets Division Equipment Account No. 001- 1203-531.92-00 (15) P.R. No. 19178 — A Resolution Authorizing The City Manager To Execute Change Order No. 11 To The Contract Between The City Of Port Arthur And Allco, LLC, Of Beaumont, Texas, For The Highway 87 Water System Improvements From Keith Lake To Sabine Pass Standpipe, For The Removal Of Items Not Used Decreasing The Total Contract Amount By $263,890.00 To A New Contract Amount Of $3,302,418.89 (16) P.R. No. 19179 — A Resolution Authorizing The City Manager To Execute Change Order No. 11 Between The City Of Port Arthur And Allco, LLC, For The 24" Waterline From 19th Street To The Sabine Neches Canal For The Removal Of Items Not Used Decreasing The Total Contract Amount By $127,421.60 To A New Contract Amount Of $3,491,551.80 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19162 — A Resolution Approving An Economic Development Conditional Grant Agreement Between PA69 L.P. And The City Of Port Arthur Section 4A Economic Development Corporation 6 AGENDA OCTOBER 13, 2015 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT- CONTINUED (2) P.R. No. 19169 — A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With Golden Pass LNG Terminal LLC B. Ordinances (1) P.O. No. 6492 — An Ordinance By The City Of Port Arthur, Texas ("City") Denying The Distribution Cost Recovery Factor Rate Increase Request Of Entergy Texas, Inc. Filed On September 4, 2015; Setting Just And Reasonable Rates For Entergy Texas, Inc. For Service Within The Municipal Limits; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings (2) P.O. No. 6494 — An Ordinance Amending Section 25-100 Of Appendix A — Zoning, As It Pertains To The Appointment Of Members To The Board Of Adjustments (Requested By Councilmember Mosely) 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 October 14, 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.