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HomeMy WebLinkAbout01/12/2016 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR _ Energy BRIAN McDOUGAL KAPRINA FRANK,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: 11(!`y,\\ ,,l 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 CHARLOTTE MOSES AG E N DA City Council Regular Meeting January 12, 2016 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 January 12, 2016 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 Moses 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) Ellis Allen, Regarding Beautifying The City (2) Alicia Marshall, Regarding Demolition Of Clinic On 61st And Jade Status (3) Bradford Coleman, Jr. And Brooke Isles Regarding The Honeybees Dance Team Trip To Alabama B. Presentations — None AGENDA JANUARY 12, 2016 III. PETITIONS & COMMUNICATIONS - CONTINUED C. Employee Recognition — None D. Correspondence — None IV. PUBLIC HEARING — 6:00 P.M. (1) To Consider A Proposed Abandonment And Receive Public Comment Regarding A15-04 (LSC-PA) For A 0.4821 Acre Of Land Consisting Of A Portion Of The New Orleans Avenue Right-Of-Way Located Between 5th Street And Procter Street, City Of Port Arthur, Jefferson County, Texas (2) To Consider A Proposed Transit Fare Increase And To Allow The Public The Opportunity To Learn More About The Proposed Fare Increases And The New Implementation Of Passes Being Proposed, And Offer Comments Before The Fare Increase Is Considered By The City Council (3) To Receive Public Comment Regarding Z15-11 [SUP# 228] — Specific Use Permit For Val C. Taylor, Et. Al. For The Operation Of A Commercial Development In A Planned Development District — 14 (PD-14) For 0.9486 Acre Of Land Consisting Of Lot 18-30, Block 25, Griffing Rosemount Addition [Located On The Northeast Corner Of 39th Street And 9th Avenue), 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: (1) P.O. No. 6498 — An Ordinance Amending Chapter 78 (Personnel), Division V (Attendance And Leave), Section 78-184(A) (Holidays) Of The Code Of Ordinances Of The City Of Port Arthur, Texas, By Adding Veterans Day As A Paid Holiday (Requested by Mayor Prince) 2 AGENDA JANUARY 12, 2016 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. Minutes December 08, 2015 Regular Meeting December 10, 2015 Special Meeting December 23, 2015 Special Meeting B. Resolutions — Consent (1) P.R. No. 19208 — A Resolution Authorizing A Two (2) Year Contract Between The City Of Port Arthur And The Municipal Code Corporation/MCCadvantage For The Purpose Of Processing And Mailing Water Billing Statements With A Projected Budgetary Impact Of $50,000.00; Funding Available In Water Billing Account No. 410-1254-532.59-00 (2) P.R. No. 19220 — A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And Mitchell Fontenote, CPA, For The Provision Of Accounting Services For The Finance Department For FY 2016 Funding Available In Account No. 001- 1032-515.54-00 With A Projected Budgetary Impact Of $40,000.00 (3) P.R. No. 19231 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Contract For The Design And Development Of A New PAEDC Website To Cornerstone Ad & Design Of Beaumont, Texas With A Projected Budgetary Impact Of $20,000.00 Account No. 120-1429- 582.59-06 3 AGENDA JANUARY 12, 2016 VI. CONSENT AGENDA — CONTINUED (4) P.R. No. 19235 — A Resolution Authorizing The Execution Of Non- Exclusive Contracts For Road Building Materials With Martin Marietta Materials Of Beaumont, Texas, Martin Marietta Materials Of Uvalde, Texas, Redwine Enterprises, Inc., Of Port Arthur, Texas, APAC — Texas, Of Beaumont, Texas, Knife River Of Beaumont, Texas, Vulcan Materials Of Beaumont, Texas, LD Construction Of Beaumont, Texas, And Mid County Land Company Of Nederland, Texas, For Road Building Materials With A Projected Budgetary Impact Of $1,125,000.00. Funding Available In The Following Divisional Accounts: Public Works Department: 001-1203-531.36 Streets Maintenance, $180,000.00; 001-1203-531.86 City Streets Program, $425,000.00; 001-1203-531.86-01 CDBG Streets Program, $150,000.00; 001-1204-531.34 Drainage Maintenance, $40,000.00; Utilities Department: 403-1274-533.36 Solid Waste, $230,000.00; 410-1253-532.36 Water And Sewer/Streets, $60,000.00; 410-1253-532.86 Water And Sewer/Streets, $40,000.00 (5) P.R. No. 19242 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Agreement Between The City Of Port Arthur And Andritz Separation, Inc., Of Arlington, Texas, For Time Extension Of 90 Days, Due To Delays In Materials, To A New Contract Completion Date Of April 29, 2016. Account No. 428-1625-532.83-00 (6) P.R. No. 19248 — A Resolution Authorizing The City Manager To Execute A Six (6) Month Contract Extension Between The City Of Port Arthur And Arceneaux Wilson & Cole, LLC, Of Port Arthur, Texas, For The Design And Construction Management Services For Parking And Drain System For The New Transit Administration Building At No Additional Cost To The City Or The Federal Transit Administration 4 AGENDA JANUARY 12, 2016 VI. CONSENT AGENDA— CONTINUED (7) P.R. No. 19249 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Contracting The Service Of A Printing Business Enterprise For The Printing And Mail Out Of A PAEDC Spring Newsletter, With A Projected Budgetary Impact Of $19,000.00; PAEDC Account No. 120-1429-582.59-06 (8) P.R. No. 19250 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Purchase Agreement With Gerald Condon Properties, Ltd. For The Purchase Of A Vacant 141 Acre Tract On Jade Avenue North Of FM 365 (9) P.R. No. 19251 — A Resolution Approving An Economic Incentive Contract & Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Pure Renewables Port Arthur, LLC (10) P.R. No. 19252 — A Resolution Authorizing The Second And Final Renewal Of A Contract For Landscaping And Irrigation Maintenance At The Spur 93 Business Park Between The City Of Port Arthur Section 4A Economic Development Corporation And Affordable Lawn & Tractor Services Of Port Arthur, Texas, With A Projected Budgetary Impact Of $28,500.00; PAEDC Account No. 120-1429- 582.59-02 (11) P.R. No. 19253 — A Resolution Approving A Pre-Employment Workforce Training Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Lamar State College Port Arthur For The Training Of Forty (40) Port Arthur Residents For The Commercial Driver Certification Program In The Amount Of $72,800.00; PAEDC Account No. 120-1429-582.59-07 (12) P.R. No. 19254 — A Resolution Approving A Memorandum Of Understanding Between The Southeast Texas Workforce Development Board And The City Of Port Arthur Section 4A Economic Development Corporation To Create An Occupational Job Training Program To Improve The Welding Skill Sets Of Individuals For Jobs In A High-Demand Occupation 5 AGENDA JANUARY 12, 2016 VI. CONSENT AGENDA — CONTINUED (13) P.R. No. 19256 — A Resolution Authorizing The 2015-2016 Jefferson County Appraisal District Funding Allocation In An Amount Of $159,505.68. Account No. 001-1031-515.54-00 (14) P.R. No. 19257 — A Resolution Authorizing The 2015-2016 Orange County Appraisal District Funding Allocation In An Amount Of $20,275.96. Account No. 001-1031-515.54-00 (15) P.R. No. 19259 — A Resolution To Approve The FY 2016 Contract Between The City Of Port Arthur And The Department Of State Health Services, WIC Division In The Amount Of $627,070.00 (16) P.R. No. 19260 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (17) P.R. No. 19261 — A Resolution Authorizing A Contract Between The City Of Port Arthur And The Department Of State Health Services For Funds In The Amount Of $19,046.00 For Tuberculosis Prevention And Control (18) P.R. No. 19264 — A Resolution Authorizing The City Manager To Execute Change Order No. 04 To The Contract Between The City Of Port Arthur And Allco, Inc., For The Bluebonnet Avenue Street Improvements Project, Increasing The Contract Amount By $59,338.56, To A New Contract Amount Of $2,206,962.84, Increasing The Contract Term By 30 Days To A New Term Of 425 Days. GLO Round 2.2 Program, Project No. I22BB, Account #145- 1201-532.59-00 (19) P.R. No. 19267 — A Resolution Authorizing The City Manager To Execute A Letter Of Engagement With Whitley Penn, LLP, As Independent Auditor For The City Of Port Arthur With A Projected Budgetary Impact Of $88,700.00 For The Year Ending September 30, 2015. Finance Department Account #001-1031-515.54-00 6 Al AGENDA JANUARY 12, 2016 VI. CONSENT AGENDA — CONTINUED (20) P.R. No. 19268 — A Resolution Authorizing The Execution Of A Contract For Wastewater Laboratory Non-Biomonitoring Services For The Utility Operations Department With KAP Technologies, Inc., With A Projected Budgetary Impact Of $26,512.00, Funds Are Available In Account No. 410-1256-532.54-00 (21) P.R. No. 19270 — A Resolution Authorizing The Execution Of An Encroachment Agreement Between City Of Port Arthur And GSSW 9th Avenue Station, LLC (22) P.R. No. 19271 — A Resolution Authorizing The City Manager To Execute An Amendment To The Contract Between The City Of Port Arthur And Mitchell Fontenote, CPA For The Provision Of Professional Accounting Services For The Finance Department Related To Preparation Of The Comprehensive Annual Financial Report For Fiscal Year Ending September 30, 2014. In The Amount Of $15,300.00 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19244 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Mayor Prince) (2) P.R. No. 19245 — A Resolution Awarding A Contract In The Amount Of $19,200.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group B), To Be Charged To Account No. 001-1052-517.59-00, General Fund (3) P.R. No. 19246 — A Resolution Appointing And/Or Reappointing Member(s) And Alternates To The Zoning Board Of Adjustment And Prescribing The Term Of Office (Requested By Councilmembers Lewis And Scott) AGENDA JANUARY 12, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (4) P.R. No. 19269 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Pleasure Island Metering Station Contract Agreement Between The City Of Port Arthur And BDS Constructors DBA MK Constructors Of Vidor, Texas, For Time Extension Of 80 Days, Due To Delays In Weather And Materials, To A New Contract Completion Date Of April 01, 2016. Account No. 429-1258-532.59-00, Project No. WSI002 B. Ordinances (1) P.O. No. 6511 — An Ordinance Providing For The Conduct Of A Special Election On April 2, 2016, In Order To Fill A Vacancy In District Four (4) Pursuant To Article 11, Section 11 Of The Texas Constitution And In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice Una Ordenanza Que Preve La Realizacion De Una Eleccion Especial El 2 De Abril De 2016, A Fin De Ocupar Una Vacancia En El Distrito Cuatro (4) De Conformidad Con el Articulo 11, Seccion 11 De La Constitucion De Texas Y De Acuerdo Con El Capitulo 271 Del Codigo Electoral de Texas, Y Que Preve La PublicaciOn Del Anuncio De La Eleccion (2) P.O. No. 6512 — An Ordinance Authorizing A Special Warranty Deed For Conveyance Of Property To A Low And Moderate Income Resident Of The City Who Is Participating In The Hurricane Ike Housing Reconstruction Program Through The Texas Department Of Housing & Community Affairs (TDHCA) 8 AGENDA JANUARY 12, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.O. No. 6513 — An Ordinance Of The City Of Port Arthur, Texas Authorizing The Hiring Of Lawyers And Rate Experts; Authorizing The City's Participation To The Full Extent Permitted By Law At The Railroad 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 (Texas Gas Service) (4) P.O. No. 6514 — An Ordinance Amending Chapter 86, Section 79 (c) And (d) As It Pertains To The Collection And Disposition Of Refuse And The Refuse Disposal Rate Schedule (5) P.O. No. 6515 — An Ordinance Of The City Council Of Port Arthur, Texas, Authorizing Participation With Other Entergy Service Area Cities In Matters Concerning Entergy Texas, Inc., At The Public Utility Commission Of Texas And The Federal Energy Regulatory Commission In 2016 (6) P.O. No. 6517 — An Ordinance Amending Chapter 62, Section 62 Of The City Of Port Arthur Code Of Ordinances Providing A Policy As It Pertains To Handguns As Required By Sections 30.06 And 30.07 Of The Texas Penal Code 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 January 13, 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 *************************************************** 9 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.