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HomeMy WebLinkAboutMINUTES 10/13/2015 REGULAR MEETING REGULAR MEETING — October 13, 2015 I. INVOCATION, PLEDGE & ROLL CALL Councilmember 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, October 13, 2015 at 5:42 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tem Kaprina Frank; Councilmembers Raymond Scott, Jr., Tiffany Hamilton, Morris Albright, III., Stephen A. Mosely, Willie "Bae" Lewis, Jr., Osman Swati and Derrick Freeman; City Manager Brian McDougal, City Secretary Sherri Bellard, City Attorney Valecia R. Tizeno, and Sergeant At Arms Chief of Police Mark Blanton. II. PROCLAMATIONS The Mayor issued the following: October 15, as "Harvest of Hope Day" III. PETITIONS AND COMMUNICATIONS A. Speakers (1) James Fedrick Sr. Regarding Street Repairs James Fedrick, Sr., 819 East 18th Street, appeared before the City Council to address the above-mentioned street repairs. (2) Cuevas Peacock Regarding The Westside Neighborhood Association Fall Festival Cuevas Peacock, 1549 Joe Lewis, appeared before the City Council to discuss the above-mentioned fall festival. 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 Joseph Theall, 324 Drummond Street, gave the above-mentioned presentation. (2) Councilmember Tiffany Hamilton Recognition Of Volunteers Participating In The Helping Hands Community Clean Up Project And Updates Councilmember Hamilton gave the above-mentioned presentation. C. Employee Recognition - None D. Correspondence — None V. PUBLIC HEARING — 6:00 P.M. - None VI. UNFINISHED BUSINESS - None VII. CONSENT AGENDA The motion was made by Councilmember Freeman seconded by Mayor Pro Tem Frank that the following Consent Agenda items be adopted with the exception of Consent Item 1; Proposed Resolutions No. 19094, 19157, 19158, 19178 and 19179 : The following roll call vote was taken on the motion to adopt the Consent Agenda: Councilmember Albright "Yes" Mayor Pro Tem Frank "Yes" Councilmember Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" A. Expense Reports: (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 Proposed Resolution No. 19064 was adopted becoming Resolution No. 15-351. (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 Proposed Resolution No. 19103 was adopted becoming Resolution No. 15-352. (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 City Council Minutes 2 Regular Meeting — October 13, 2015 Proposed Resolution No. 19147 was adopted becoming Resolution No. 15-353. (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) Proposed Resolution No. 19150 was adopted becoming Resolution No. 15-354. (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 Proposed Resolution No. 19159 was adopted becoming Resolution No. 15-355. (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.) Proposed Resolution No. 19167 was adopted becoming Resolution No. 15-356. (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 Proposed Resolution No. 19171 was adopted becoming Resolution No. 15-357. (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 Proposed Resolution No. 19171 was adopted becoming Resolution No. 15-358. (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 Proposed Resolution No. 19174 was adopted becoming Resolution No. 15-359. (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 City Council Minutes 3 Regular Meeting — October 13, 2015 $167,990.00. Funds Are Available In The Public Works Streets Division Equipment Account No. 001-1203-531.92- 00 Proposed Resolution No. 19176 was adopted becoming Resolution No. 15-360. (14) P.R. No. 19177 - A Resolution Authorizing The Purchase Of A JCB 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 Proposed Resolution No. 19177 was adopted becoming Resolution No. 15-361. VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT Consent - Item (1) Mayor Deloris Prince: South East Texas Regional Planning Commission Meeting Beaumont, TX, September 16, 2015 $27.63 The Mayor introduced the above-mentioned Proposed Item. The motion was made by Councilmember Freeman and seconded by Mayor Pro Tem Frank that Proposed Item (1) be adopted. The following roll call vote was taken on the motion to adopt Proposed Item (1): Councilmember Albright "Yes" Mayor Pro Tem Frank "Yes" Councilmember Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" Proposed Item (1) was adopted. Consent — Resolution (2) P.R. No. 19094 — A Resolution Approving Water And Sewer Adjustment To Certain Accounts The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Mosely and seconded by Councilmember Freeman that Proposed Resolution No. 19094 be adopted. Utilities Operation Director Dr. Jimmy Johnson appeared before the City Council to answer inquiries regarding the above-mentioned adjustments. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 19094: Councilmember Albright "Yes" Mayor Pro Tern Frank "Yes" Councilmember Freeman "Yes" Councilmember Hamilton "Yes" City Council Minutes 4 Regular Meeting — October 13, 2015 Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" Proposed Resolution No. 19094 was adopted becoming Resolution No. 15-362. The caption of Resolution No. 15-362 reads as follows: RESOLUTION NO. 15-362 A RESOLUTION APPROVING WATER AND SEWER ADJUSTMENT TO CERTAIN ACCOUNTS Consent — Resolution (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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Mosely and seconded by Councilmember Swati that Proposed Resolution No. 19157 be adopted. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 19157: Councilmember Albright "Yes" Mayor Pro Tem Frank "Yes" Councilmember Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" Proposed Resolution No. 19157 was adopted becoming Resolution No. 15-364. The caption of Resolution No. 15-364 reads as follows: RESOLUTION NO. 15-364 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 City Council Minutes 5 Regular Meeting — October 13, 2015 (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) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tern Frank and seconded by Councilmember Albright that Proposed Resolution No. 19158 be adopted. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 19158: Councilmember Albright "Yes" Mayor Pro Tem Frank "Yes" Councilmember Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" Proposed Resolution No. 19158 was adopted becoming Resolution No. 15-365. The caption of Resolution No. 15-365 reads as follows: RESOLUTION NO. 15-365 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) (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 AIIco, 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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Lewis and seconded by Councilmember Freeman that Proposed Resolution No. 19178 be adopted. Utilities Operations Director Dr. Jimmy Johnson appeared before the City Council to answer inquiries regarding the above-mentioned change order. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 19178: Councilmember Albright "Yes" Mayor Pro Tem Frank "Yes" Councilmember Freeman "Yes" City Council Minutes 6 Regular Meeting — October 13, 2015 Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" Proposed Resolution No. 19178 was adopted becoming Resolution No. 15-366. The caption of Resolution No. 15-366 reads as follows: RESOLUTION NO. 15-366 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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Lewis and seconded by Councilmember Swati that Proposed Resolution No. 19179 be adopted. Utilities Operations Director Dr. Jimmy Johnson appeared before the City Council to answer inquiries regarding the above-mentioned change order. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 19179: Councilmember Albright "Yes" Mayor Pro Tern Frank "Yes" Councilmember Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" Proposed Resolution No. 19179 was adopted becoming Resolution No. 15-377. The caption of Resolution No. 15-377 reads as follows: RESOLUTION NO. 15-377 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 City Council Minutes 7 Regular Meeting — October 13, 2015 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 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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tern Frank and seconded by Councilmember Freeman that Proposed Resolution No. 19162 be adopted. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 19162: Councilmember Albright "Yes" Mayor Pro Tern Frank "Yes" Councilmember Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" Proposed Resolution No. 19162 was adopted becoming Resolution No. 15-368. The caption of Resolution No. 15-368 reads as follows: RESOLUTION NO. 15-368 A RESOLUTION APPROVING AN ECONOMIC DEVELOPMENT CONDITIONAL GRANT AGREEMENT BETWEEN PA69 L.P. AND THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION 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 The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Freeman and seconded by Mayor Pro Tern Frank that Proposed Ordinance No. 6492 be adopted. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 6492: Councilmember Albright "Yes" Mayor Pro Tem Frank "Yes" Councilmember Freeman "Yes" City Council Minutes 8 Regular Meeting — October 13, 2015 Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" Proposed Ordinance No. 6492 was adopted becoming Ordinance No. 15-49. The caption of Ordinance No. 15-49 reads as follows: ORDINANCE NO. 15-49 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) The Mayor introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Freeman and seconded by Mayor Pro Tem Frank that Proposed Ordinance No. 6494 be adopted. Community and Development Services Director Ron Burton appeared before the City Council to answer inquiries regarding the above-mentioned board. The motion was made by Councilmember Albright and seconded by Councilmember Freeman that Proposed Ordinance No. 6494 be removed from the agenda. The following roll call vote was taken on the motion to remove Proposed Ordinance No. 6494 from the agenda: Councilmember Albright "Yes" Mayor Pro Tem Frank "Yes" Councilmember Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" Proposed Ordinance No. 6492 was removed from the agenda. IX. ADJOURNMENT OF MEETING Upon the motion by Mayor Pro Tern Frank, seconded by Councilmember Freeman and carried unanimously, the City Council adjourned their meeting 7:46 p.m. 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. City Council Minutes 9 Regular Meeting — October 13, 2015 MAYOR DELORIS "BOBBIE" PRINCE ATTEST: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD October 13, 2015. APPROVED . City Council Minutes 10 Regular Meeting —October 13, 2015