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HomeMy WebLinkAboutNOVEMBER 10, 2015 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR Energy BRIAN McDOUGAL KAPRINA FRANK,MAYOR PRO TEM City of - Cur CITY MANAGER COUNCIL MEMBERS: 1 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 November 10, 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. City Council Meeting City Hall Council Chamber City Of Port Arthur November 10, 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) Coach Bradford Coleman, Regarding The Port Arthur Junior Bees Football Team And The Port Arthur Honey Bees Dance Team B. Presentations (1) Executive Director Floyd Batiste, Regarding Employment Training Program (Requested By Councilmember Swati) (2) James Mooney, Daniel Sailler And Other Representatives With MRE f SabCapitaline Regarding Re ardin Purchase 0 Sab e Hotel 1 AGENDA NOVEMBER 10, 2015 III. CONTINUED —COMMUNICATIONS&PETITIONS C ED OO U (3) Officer Mike Hebert Regarding Blue Santa Program And Acceptance Of Donation Presented By Mayor Prince C. Employee Recognition — None D. Correspondence — None IV. PUBLIC HEARING — 6:00 P.M. (1) To Receive Public Comment Regarding A15-01 (KCS Railway Company) 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 (2) To Receive Public Comment Regarding A15-02 (The Hughen Center, Inc.) 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 (3) To Receive Public Comment Regarding A15-03 (Magna Properties, LTD./City Of Port Arthur) 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 V. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: None 2 AGENDA NOVEMBER 10, 2015 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 (A1) City Manager Brian McDougal: 2015 Texas Municipal League Convention San Antonio, TX September 22 — 25, 2015 $1,066.38 (A2) City Manager Brian McDougal: International City/County Management Association (ICMA) Seattle, WA September 27 — October 1 , 2015 $2,563.92 (A3) City Manager Brian McDougal: Civil Service Training Austin, TX October 26 — October 28, 2015 $883.50 B. Resolutions — Consent (1) P.R. No. 18932 — A Resolution Authorizing The Purchase Of One (1) Chevrolet Tahoe Police Vehicle From Caldwell Country Chevrolet, Caldwell, Texas, Through Buyboard Cooperative Purchasing Program In The Amount Of $51,079.00; Funding Available In Account No. 115-1101-521.93-00 3 AGENDA NOVEMBER 10, 2015 VI. CONSENT AGENDA — CONTINUED (2) P.R. No. 19068 — A Resolution Authorizing The City Manager And City Attorney To Purchase A 2.543 Acre Tract Or Parcel Of Land Situated In The B.B.B. & C.R.R. Survey, Abstract 93, Located At The Intersection Of State Highway 82 And Terminal Road, For The Construction Of An Elevated Storage Tank, And Execute The Closing Documents (3) P.R. No. 19175 — A Resolution Terminating A Mowing Contract With Turf Pros Of Beaumont, Texas, Of Vacant And Developed Properties For Area C-1 (4) P.R. No. 19180 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract For Phase III Of A Performance Contracting Agreement Between The City Of Port Arthur And Siemens Industry, Inc., Building Technologies Division, For Time Extension Of 90 Days Due To Delays, To A New Contract Term Of 450 Calendar Days, With A New Contract Completion Date Of February 05, 2016 (5) P.R. No. 19188 — A Resolution Approving Payment In The Total Amount Of $90,922.48 For The TCEQ Annual Consolidated Water Quality Assessment Fees For All Three (3) Wastewater Treatment Facilities In The City Of Port Arthur. Utility Operations Department- Wastewater Treatment Division Account No. 410-1256-532.59-01 (6) P.R. No. 19192 — A Resolution Authorizing The Purchase Of One (1) 1/2-Ton Crew Cab Pickup Truck For The Utility Operations Department From Silsbee Ford, Of Silsbee, Texas, In The Total Amount Of $26,204.40. Funds Are Available In Utility Operations Account No. 410-1253-532.59-00 (7) P.R. No. 19193 — A Resolution Approving A Five (5) Year License Agreement Between Kinder Morgan Tejas Pipeline, LLC And The City Of Port Arthur To Permit The Operation And Maintenance Of A Four Inch (4") Natural Gas Line On A Public Right-Of-Way (Old Canal Right-Of-Way) In The City Of Port Arthur, Texas, For The Sum Of $2,912.00 Per Year 4 AGENDA NOVEMBER 10, 2015 VI. CONSENT AGENDA — CONTINUED (8) P.R. No. 19202 — A Resolution Approving An Operation Downtown Grant To Hilton Kelley For The Renovation Of Property Located At 600 Austin Avenue, Port Arthur, Texas (9) P.R. No. 19203 — A Resolution Accepting The Engineer's Certificate Of Completion, Contractor's Certificate Of Guarantee, The GLO Certificate Of Construction Completion, The Contractor's Certificate And Release, And The Final Payment In The Amount Of $28,700.00 With L & L General Contractors And GLO For The Port Acres WWTP Centrifuge Improvements. Project No. I21WWI, 145-1201-532.59- 00 (10) P.R. No. 19204 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract For The Water Storage Standpipe On 61st Street With BDS Constructors, DBA MK Constructors, Of Vidor, Texas, And GLO, For Time Extension Of 146 Days Due To Delays, To A New Contract Term Of 511 Calendar Days, With A New Contact Completion Date Of March 20, 2016. Project No. I22SPW, 145-1201-532.59-00 (11) P.R. No. 19205 — A Resolution Authorizing The City Of Port Arthur To Accept A One Time Discretionary Additional Grant Funds From The Texas Department Of State Health Services Public Health Preparedness Section In The Amount Of $38,717.00 (12) P.R. No. 19206 — A Resolution Designating And Establishing The Mardi Gras Entertainment Area For 2016, Designating Mardi Gras Of Southeast Texas, Inc., As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With Mardi Gras Of Southeast Texas, Inc. (13) P.R. No. 19207 — A Resolution Authorizing The City Manager To Terminate The Contract With W & W Construction Of Port Arthur, Texas, For The Annual Utility Cut Repair For Concrete Slabs For The Water And Sanitary Sewer Department 5 AGENDA NOVEMBER 10, 2015 VI. CONSENT AGENDA — CONTINUED (14) P.R. No. 19209 — A Resolution Calling For A Public Hearing To Consider Granting A Specific Use Permit For 0.1492 Acre Of Land Consisting Of Lot 12, Block 17, Pear Ridge [A.K.A. 3025 7th Avenue], Port Arthur, Jefferson County, Texas, For The Operation Of A Beauty Salon In A Two Family Zoned District. Z15-08 [SUP# 226] (15) P.R. No. 19210 — A Resolution Calling For A Public Hearing To Consider Granting A Specific Use Permit For 0.2583 Acre Of Land, Consisting Of Lot 11, Block 62, Griffing Residential Park [A.K.A. 4621 Evergreen Drive], Port Arthur, Jefferson County, Texas, For The Operation Of A Bed And Breakfast In A Single Family Zoned District. Z15-09 [SUP# 227] (16) P.R. No. 19211 — A Resolution Amending The Contract 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 Increasing The Contract By $8,790.81, To A New Amount Total Of $48,429.53. Funding Available In Professional Services Account 001-1202- 531.54-00 (17) P.R. No. 19215 — A Resolution Approving An Extension To The Operation Downtown Grant Agreement Between The Port Arthur Section 4A Economic Development Corporation And Annie Mae Stephenson For Exterior Renovation And Electrical Improvements To The Property Located At 520 Houston Avenue (18) P.R. No. 19217 — A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts 6 AGENDA NOVEMBER 10, 2015 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 18997 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Solicit Proposals For The Installation Of A Projection Screen On The East Wall Of The 501 Procter Building At A Price Not To Exceed $50,000.00 (2) P.R. No. 19170 — A Resolution Authorizing The Purchase Of Twelve (12) Chevrolet Tahoe Police Vehicles From Caldwell Country Chevrolet, Caldwell, Texas, Through Buyboard Cooperative Purchasing Program In The Amount Of $561,628.00; Account No. 625-1801-521.93-00 (3) P.R. No. 19219 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Youth Advisory Council B. Ordinances (1) P.O. No. 6468 — An Ordinance Designating Friday, December 24, 2015, As A Legal Holiday (2) P.O. No. 6479 — An Ordinance Amending Chapter 38 (Fire Prevention And Protection) Of The Code Of Ordinances By Amending Or Adding Subsections To Chapter 1, Scope And Administration, Chapter 5, Fire Service Features, And Chapter 9, Fire Protection Systems, Chapter 34, Tire Rebuilding And Tire Storage, Chapter 50 Hazardous Materials — General Provisions, Through The 2012 International Fire Code And This Ordinance; Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith; Providing A Penalty For Violations By A Fine Not Exceeding Two Thousand Dollars, As Provided In Section 5 Of This Code, Or As May Be Otherwise Imposed By State Law, Providing A Savings Clause, And Providing For Publication And An Effective Date Immediately After Publication AGENDA NOVEMBER 10, 2015 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.O. No. 6495 — An Appropriation Ordinance Amending The Budget For The City Of Port Arthur Section 4A Economic Development Corporation For Fiscal Year Beginning October 1, 2015 And Ending September 30, 2016 By $5,063,916.00 To Fund Salary Increase Of 3% For PAEDC Staff And Obligated Funds From Fiscal Year 2014 — 2015 (4) P.O. No. 6496 — An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2015, And Ending September 30, 2016, For The Equipment Replacement Fund By $561,628.00, In Order To Fund The Capital Vehicle Equipment Purchase Of Twelve (12) Chevrolet Tahoes For The Police Department 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 November 11, 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 *************************************************** 8 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.