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HomeMy WebLinkAboutMINUTES 05/12/2015 REGULAR MEETING REGULAR MEETING — May 12, 2015 I. INVOCATION, PLEDGE & ROLL CALL Mayor Pro Tern Freeman gave the invocation followed with the pledge to the flag. The City Council of the City of Port Arthur met in Regular Session on Tuesday, May 12, 2015 at 8:34 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Deloris "Bobbie" Prince; Councilmembers Raymond Scott, Jr., Morris Albright, III., Stephen A. Mosely, Robert E. ' Bob" Williamson and Kaprina Frank; City Manager Brian McDougal, City Secretary Sherri Bellard, City Attorney Valecia R. Tizeno, and Sergeant At Arms Chief of Police Mark Blanton. Councilmember Willie "Bae" Lewis, Jr. joined the Regular Meeting at 8:41 a.m. Councilmember Tiffany Hamilton joined the Regular Meeting at 8:42 a.m. Mayor Pro Tem Derrick Freeman joined the Regular Meeting at 10:44 a.m. II. Approval of Agenda No items were pulled from the agenda. II. PROCLAMATIONS & MINUTES Proclamations Mayor Prince issued the following Proclamations: May 2015 as "Elder Abuse Prevention Month" Minutes — None III. PETITIONS & COMMUNICATIONS A. Speakers — None B. Presentations (1) Presentation By BASF/Total Petrochemicals (BTP) Regarding The PAR-BB Industrial Expansion Project BASF/Total Petrochemicals Manager of Communities and Government Affairs Carol Hebert, 2415 Canal Avenue, Nederland, Texas, and BASF/Total Representative James Harrison, 7869 Glenbrook, Beaumont, Texas, gave the above-mentioned presentation. (2) Presentation By Pure System International Regarding A Possible Tax Abatement Pure System International Representative Michael Brown, 50 Blue Herring, Irvin, California, Inventor and Patent Holder Joy Nunn, 6712 East Street, Tulsa, Oklahoma, gave the above-mentioned presentation. (3) A Presentation By Total Petrochemicals & Refining USA, Inc. And Total PAR, LLC Regarding The Side Cracker Ethylene Project Total Petrochemicals & Refining USA, Inc. Plant Manager Nigel Tranter gave the above- mentioned presentation. IX. *CLOSED MEETING (EXECUTIVE SESSION) 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) (2) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (En) (BTP) (3) Section 551.087 Government Code — To Discuss Proposed EDC Incentive/Loan Agreement with Pure System International, Ltd. The City Council recessed their meeting at 9:28 a.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 9:53 a.m. with the following members present: Mayor Prince; Councilmembers Scott, Hamilton, Mosely, Lewis, Williamson and Frank; City Manager McDougal; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Blanton. 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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Williamson and seconded by Councilmember Frank that Proposed Resolution No. 18985 be adopted. Councilmember Albright joined the Regular Meeting. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 18985: Councilmember Albright "Yes" Councilmember Frank "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "No" Councilmember Mosely "No" Councilmember Scott "Yes" Councilmember Williamson "Yes" Mayor Prince "Yes" Proposed Resolution No. 18985 was adopted becoming Ordinance No. 15-180. The caption of Ordinance No. 15-180 reads as follows: RESOLUTION NO. 15-180 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") City Council Minutes 2 Regular Meeting — May 12, 2015 Exclusively For The Expansion Of Its Existing Facility For The Construction Of A New Project The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Williamson and seconded by Councilmember Albright that Proposed Resolution No. 18986 be adopted. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 18986: Councilmember Albright "Yes" Councilmember Frank "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "No" Councilmember Mosely "No" Councilmember Scott "Yes" Councilmember Williamson "Yes" Mayor Prince "Yes" Proposed Resolution No. 18986 was adopted becoming Ordinance No. 15-181. The caption of Resolution No. 15-181 reads as follows: RESOLUTION NO. 15-181 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 PROJ ECT B. Ordinances (1) P. O. No. 6453 — An Ordinance Authorizing The Issuance Of City Of Port Arthur, Texas, Combination Tax & Revenue Certificates Of Obligation, Series 2015B The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Frank and seconded by Councilmember Albright that Proposed Ordinance No. 6453 be adopted. First Southwest Representative Joe Morrow, 2922 Forest World, Kingwood, Texas appeared before the City Council to give a presentation and answer questions regarding the above-mentioned certificates of obligation. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 6453: Councilmember Albright "Yes" Councilmember Frank "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "No" Councilmember Mosely "No" Councilmember Scott "Yes" Councilmember Williamson "Yes" Mayor Prince "Yes" Proposed Ordinance No. 6453 was adopted becoming Ordinance No. 15-20. City Council Minutes 3 Regular Meeting — May 12, 2015 The caption of Ordinance No. 15-20 reads as follows: ORDINANCE NO. 15-20 AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF PORT ARTHUR, TEXAS, COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION, SERIES 2015B (2) P. O. No. 6454 — An Ordinance Authorizing The Issuance Of City Of Port Arthur, Texas, Combination Tax & Revenue Certificates Of Obligation, Series 2015A The Mayor introduced the above-mentioned Proposed Ordinance. The motion was made by Mayor Pro Tern Freeman and seconded by Councilmember Hamilton that Proposed Ordinance No. 6454 be adopted. First Southwest Representative Joe Morrow, 2922 Forest World, Kingwood, Texas appeared before the City Council to give a presentation and answer questions regarding the above-mentioned certificates of obligation. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 6454: Councilmember Albright "Yes" Councilmember Frank "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Williamson "Yes" Mayor Prince "Yes" Proposed Ordinance No. 6454 was adopted becoming Ordinance No. 15-21. The caption of Ordinance No. 15-21 reads as follows: ORDINANCE NO. 15-21 AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF PORT ARTHUR, TEXAS, COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION, SERIES 2015A III. PETITIONS & COMMUNICATIONS C. Employee Recognition — None D. Correspondence — None IV. PUBLIC HEARINGS — 9:00 A.M. — NONE V. UNFINISHED BUSINESS (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 The Mayor introduced the above-mentioned Proposed Resolution. Mayor Pro Tern Freeman joined the Regular Meeting. City Council Minutes 4 Regular Meeting — May 12, 2015 The motion was made by Councilmember Albright and seconded by Councilmember Hamilton that Proposed Resolution No. 18975 be adopted. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 18975: Councilmember Albright "Yes" Councilmember Frank "Yes" Mayor Pro Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Williamson "Yes" Mayor Prince "Yes" Proposed Resolution No. 18975 was adopted becoming Resolution No. 15-182. The caption of Resolution No. 15-182 reads as follows: RESOLUTION NO. 15-182 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 VI. CONSENT AGENDA The motion was made by Councilmember Frank seconded by Councilmember Albright that the following Consent Agenda items be adopted with the exception of Resolution Nos. 18950, 18977, 18979 and 18983: The following roll call vote was taken on the motion to adopt the Consent Agenda: Councilmember Albright "Yes" Councilmember Frank "Yes" Mayor Pro Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Williamson "Yes" Mayor Prince "Yes" 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 Proposed Resolution No. 18911 was adopted becoming Resolution No. 15-183. (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 City Council Minutes Regular Meeting — May 12, 2015 Proposed Resolution No. 18976 was adopted becoming Resolution No. 15-184. (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 Proposed Resolution No. 18980 was adopted becoming Resolution No. 15-185. (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 Proposed Resolution No. 18981 was adopted becoming Resolution No. 15-186. (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 Proposed Resolution No. 18982 was adopted becoming Resolution No. 15-187. (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 Proposed Resolution No. 18984 was adopted becoming Resolution No. 15-188. (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 Proposed Resolution No. 18988 was adopted becoming Resolution No. 15-189. (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 Proposed Resolution No. 18990 was adopted becoming Resolution No. 15-190. (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 City Council Minutes 6 Regular Meeting — May 12, 2015 Proposed Resolution No. 18991 was adopted becoming Resolution No. 15-191. (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 Proposed Resolution No. 18992 was adopted becoming Resolution No. 15-192 (15) P. R. No. 18993 — A Resolution Authorizing The Advertisement Of A Request For Qualifications (RFQ) For Forensic Accounting Services Proposed Resolution No. 18993 was adopted becoming Resolution No. 15-193. VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT Consent — Resolutions (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 Party 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) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Mayor Pro Tern Freeman that Proposed Resolution No. 18950 be adopted. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 18950: Councilmember Albright "Yes" Councilmember Frank "Yes" Mayor Pro Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Williamson "Yes" Mayor Prince "Yes" Proposed Resolution No. 18950 was adopted becoming Resolution No. 15-194. The caption of Resolution No. 15-194 reads as follows: RESOLUTION NO. 15-194 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDIRECT SALES CONTRACT WITH ITRON, INC., FOR THE PROVISION OF THIRD PARTY 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) City Council Minutes 7 Regular Meeting — May 12, 2015 (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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Mayor Pro Tern Freeman that Proposed Resolution No. 18977 be adopted. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 18977: Councilmember Albright "Yes" Councilmember Frank "Yes" Mayor Pro Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Williamson "Yes" Mayor Prince "Yes" Proposed Resolution No. 18977 was adopted becoming Resolution No. 15-195. The caption of Resolution No. 15-195 reads as follows: RESOLUTION NO. 15-195 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 Proposed Resolution No. 18979 was held until after the workshop. 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 Development Services Director Ron Burton appeared before the City Council to introduce representatives from Freese and Nichols and Catalyst Commercial. The following Freese and Nichols representatives appeared before the City Council: Shad Comeaux, 11200 Broadway Street, Beaumont, Texas Richard Weatherly, Pearland, Texas Hector Olmos, Houston, Texas The following Catalyst Commercial representatives appeared before the City Council: Jason Clunch, 4307 McKinney, Dallas, Texas Cody Richardson, Fort Worth, Texas G. L. Blackstone and Associates Principle Lamon Blackstone, Mt. Vernon, Texas also appeared before the City Council. Councilmember Albright left the Regular Meeting. City Council Minutes 8 Regular Meeting — May 12, 2015 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT (5) P. R. No. 18979 — A Resolution Authorizing The Fire Chief And Police Chief To Apply For The 2015 Port Security Grant The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tern Freeman and seconded by Councilmember Frank that Proposed Resolution No. 18979 be adopted. Port Arthur Fire Chief Larry Richardson appeared before the City Council to answer inquiries regarding the above-mentioned security grant. The motion was made by Councilmember Hamilton and seconded by Mayor Pro Tern Freeman to call the question. Councilmember Scott call for a Point of Order because Council members lights were still on to speak. The following roll call vote was taken on the motion to continue discussion regarding Proposed Resolution No. 18979: Councilmember Albright "No" Councilmember Frank "No" Mayor Pro Freeman "No" Councilmember Hamilton "No" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Williamson "No" Mayor Prince "No" The following roll call vote was taken on the motion to adopt Proposed Resolution No. 18979: Councilmember Albright "Yes" Councilmember Frank "Yes" Mayor Pro Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Williamson "Yes" Mayor Prince "Yes" Proposed Resolution No. 18979 was adopted becoming Resolution No. 15-196. The caption of Resolution No. 15-196 reads as follows: RESOLUTION NO. 15-196 A RESOLUTION AUTHORIZING THE FIRE CHIEF AND POLICE CHIEF TO APPLY FOR THE 2015 PORT SECURITY GRANT (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 City Council Minutes 9 Regular Meeting — May 12, 2015 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Williamson and seconded by Mayor Pro Tern Freeman that Proposed Resolution No. 18983 be adopted. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 18983: Councilmember Albright "Yes" Councilmember Frank "Yes" Mayor Pro Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Williamson "Yes" Mayor Prince "Yes" Proposed Resolution No. 18983 was adopted becoming Resolution No. 15-197. The caption of Resolution No. 15-197 reads as follows: RESOLUTION NO. 15-197 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 IX. *CLOSED MEETING (EXECUTIVE SESSION) Closed Meeting: (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 The following vote was taken on the motion that, due to lack of information regarding the remaining above-mentioned items, the Closed Meeting Executive Session would not be held: Councilmember Frank "Yes" Mayor Pro Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Williamson "Yes" Mayor Prince "Yes" X. ADJOURNMENT OF MEETING Upon the motion by Mayor Pro Tern Freeman, seconded by Councilmember Hamilton and carried unanimously, the City Council adjourned their meeting 1:00 p.m. City Council Minutes 10 Regular Meeting — May 12, 2015 An audio-tape of this meeting is on file in the office of the City Secretary and is made a part of the official minutes of this meeting. MAYOR DELORIS "BOBBIE" PRINCE ATTEST: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD May 12, 2015. APPROVED City Council Minutes 1 I Regular Meeting — May 12, 2015