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HomeMy WebLinkAboutAPRIL 5, 2016 5:30 PM DELORIS"BOBBIE"PRINCE,MAYOR ,gy 7, BRIAN McDOUGAL KAPRINA FRANK,MAYOR PRO TEM City of - Cis' CITY MANAGER COUNCIL MEMBERS: �j SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY L.HAMILTON ort r t h 1l r MORRIS ALBRIGHT VAL TIZENO STEPHEN A.MOSELY Texas CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI CHARLOTTE MOSES AG E N DA City Council Regular Meeting April 5, 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. 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 April 5, 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) Frederick M. Williams Regarding, "Extending An Olive Branch From The Community To The City Regarding Untapped Resources And Manpower". (2) Alicia Marshall Regarding 61st Street, Canal Street, And Hazel Street Water Sewer Repairs (3) Shawn Skinner Regarding Opposition Of Slaughterhouse/Meat Processing Facility In The Industrial Park AGENDA APRIL 5, 2016 III. PETITIONS & COMMUNICATIONS — CONTINUED (4) Darrell Hulin Regarding Opposition Of Slaughterhouse/Meat Processing Facility In The Industrial Park B. Presentations — None C. Employee Recognition — None D. Correspondence — None IV. PUBLIC HEARING — 6:00 P.M. (1) To Consider And Receive Input And Public Comment As To Whether Or Not To Pass An Ordinance Prohibiting Smoking In Public Places Within The Boundaries Of The City Of Port Arthur 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 (Al) Mayor Deloris Prince: The South East Texas Regional Planning Commission Meeting Beaumont, TX March 16, 2016 $26.35 2 AGENDA APRIL 5, 2016 VI. CONSENT AGENDA — CONTINUED • (A2) Councilmember Raymond Scott: The National League Of Cities Conference Washington, D.C. March 4 — 9, 2016 $2,585.80 • (A3) Councilmember Tiffany Hamilton: The National League Of Cities Conference 3 Washington, D.C. March 4 — 9, 2016 $3,213.87 • (A4) Councilmember Stephen Mosely: The National League Of Cities Conference Washington, D.C. March 4 — 9, 2016 $100.00 (A5) Councilmember Willie Lewis: The National League Of Cities Conference Washington, D.C. March 4 — 9, 2016 $3,103.75 (A6) Councilmember Charlotte Moses: The National League Of Cities Conference Washington, D.C. • March 4 — 9, 2016 $3,426.24 • B. Resolutions — Consent (1) P.R. No. 19143 — A Resolution Authorizing The City Manager To Make Application To The U.S. Department Of Housing And Urban Development For A Community Development Block Grant For An Amount Of $1,018,036.00, And A Grant In The Amount Of $204,536.00 In Home Funds, And Authorizing The City Manager To Execute The City Of Port Arthur's 2016 Consolidated Annual Plan. • The Consolidated Plan Will Be Submitted To The U.S. Department Of Housing And Urban Development si $$f 3 AGENDA APRIL 5, 2016 VI. CONSENT AGENDA — CONTINUED (2) P.R. No. 19196 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $64,882.35 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Property Damage To Fire Ladder Truck #1590 (3) P.R. No. 19197 — A Resolution Authorizing The Purchase Of Commercial Windstorm Coverage, With A Projected Budgetary Impact Of $259,717.51 Per Annum. Proposed Funding By: General Liability Insurance Fund: No. 612-1702-581.52-00 $259,717.51 (4) P.R. No. 19199 — A Resolution Authorizing The Approval Of An Emergency Repair Of Fire Department Vehicle Ladder 1 (1590) To Siddons Martin Emergency Group Of Port Arthur, Texas, In An Amount Estimated To Be $66,382.35, Payable By Texas Municipal League Intergovernmental Risk Pool (TML) Less The City's Deductible In The Amount Of $2,500.00. Funding Available In Account Number 001-1121-522.43.00 (5) P.R. No. 19212 — A Resolution Authorizing The City Manager To Reject The Bids (Bid No. P16-003) For Asbestos Abatement And/Or Demolition Of Six (6) Dangerous Commercial Structures; And Authorizing The Solicitation Of New Bids, To Be Charged To Account No. 001-1052-517.59-00 (6) P.R. No. 19216 — A Resolution Calling For A Public Hearing To Consider A Zoning Change From Single Family And Multiple Family To Light Commercial For Approximately 22.57 Acres Of Land Out Of The W. Kyle Survey, A-414, City Of Port Arthur, Jefferson County, Texas (7) P.R. No. 19319 — A Resolution Authorizing The Purchase Of A 2016 Chevrolet Silverado 1500 Crew Cab Truck From Caldwell Country Chevrolet Of Caldwell, Texas, Through The Buyboard Cooperative Purchasing Program, For The Fire Department In The Amount Of $42,915.00; Funding Available In Account Number 625-1801-522.93-00 4 AGENDA APRIL 5, 2016 VI. CONSENT AGENDA — CONTINUED (8) P.R. No. 19339 — A Resolution Authorizing The City Manager To Reject The Bids (Bid No. P16-002) For The Mowing Of Privately- Owned And City-Owned Developed And Vacant Lots In The City Of Port Arthur (9) P.R. No. 19343 — A Resolution Authorizing The City Manager To Execute A Contract With Agape Cleaning Enterprises, Inc., Of Houston, Texas, For Janitorial Services For City Hall And City Hall Annex, With An Annual Projected Budgetary Impact Of $62,482.20. Funding Available In Public Works — City Hall Account No. 001- 1206-531.32-00 (10) P.R. No. 19344 — A Resolution Authorizing A Two (2) Year Lease Agreement Between The City Of Port Arthur And Acadian Ambulance Service, For The Premises Located At 3400 Memorial Boulevard (11) P.R. No. 19345 — A Resolution Authorizing The Purchase Of A 2017 Freightliner Chasis From Houston Freightliner, Inc., Of Houston, Texas, Under H-GAC Contract No. HT 06-14, For The Public Works Department Drainage Division In The Amount Of $71,132.00. Funding Available In Account Number 625-1801-515.93-00, Project Number FH1601 (12) P.R. No. 19346 — A Resolution Authorizing The Purchase Of 12M3 Motor Grader From Mustang Cat Of Beaumont, Texas, Under The Buyboard Contract No. 424-13, For The Public Works Department Streets Division In The Amount Of $259,800.00. Funding Available In Account Number 625-1801-531.93-00, Project Number FH1601 (13) P.R. No. 19347 — A Resolution Designating Areas Of The City Of Port Arthur As Neighborhood Empowerment Zones #7 And #8 Pursuant To The Texas Neighborhood Empowerment Zone Act (Texas Local Government Code, Chapter 378), Providing Tax Incentives, Adopting Tax Abatement Guidelines And Criteria, And Designating A Liaison To Act On All Matters Pertaining To The Empowerment Zone E 5 AGENDA APRIL 5, 2016 VI. CONSENT AGENDA — CONTINUED (14) P.R. No. 19348 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (15) P.R. No. 19349 — A Resolution Requesting Ratification Of Emergency Repairs To A 24" Sewer Force Main At The North Lift Station, Located At 6439 North Twin City Highway, By ALLCO LLC, Of Beaumont, Texas, With A Projected Budgetary Impact Of $150,000.00. Funds Available In Account No. 410-1251-532.54-00 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19243 — A Resolution Approving Covenants And Restrictions For The Jade Avenue Business Park Of The City Of Port Arthur Section 4A Economic Development Corporation (2) P.R. No. 19329 — A Resolution Approving The 2016 Community Development Block Grant Allocations In The Amount Of $1,018,036.00 For The City Of Port Arthur B. Ordinances (1) P.O. No. 6525 — An Ordinance Amending Chapter 98 Subdivisions Article IV Required Improvements Section 98-251 General Requirements As To Adopt The Texas Department Of Transportation Standard Specifications For Construction And Maintenance Of Highways, Streets, And Bridges — November 2014 Edition For Construction Of The City's Public Works Infrastructure; Providing Certain Amendments Thereto, Repealing Part Of Ordinance In Conflict Therewith (2) P.O. No. 6533 — An Ordinance Enacting A New Chapter 39 Of The Code Of Ordinances Regulating Smoking In Public Places; Creating Offenses; Providing Penalties And Severability (Requested By Councilmember Hamilton, Mayor Pro Tern Frank, And Councilmember Moses) 6 AGENDA APRIL 5, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.O. No. 6536 — An Ordinance Authorizing The Sale Of Surplus Furniture/Minor Equipment, Vehicles, Equipment, Or Heavy Equipment By A Public Online Auction Through Rene Bates Auctioneers, Inc. (4) P.O. No. 6542 — An Ordinance Amending Ordinance No. 16-12 For Purpose Of Cancelling The Conduct Of A Joint Election With The Sabine Pass Independent School District; Providing For The Conduct Of The May 7, 2016 General Election For The Purpose Of Electing A Mayor, In The City Of Port Arthur, Texas; Providing For A Joint Election With The Port Arthur Independent School District, The Port Of Port Arthur Navigation District, And The Sabine Pass Port Authority; And Providing For A Special Election To Submit Propositions In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice Una Ordenanza Que Emenda La Ordenanza No. 16-12 Con Fines De Cancelacion De La Realizacion De Una Eleccion Conjunta Con El Distrito Escolar Independiente De Sabine Pass; Que Preve La Realizacion De La Eleccion General El 7 De Mayo, 2016 Con El Fin De Elegir A Un Alcalde, En La Ciudad De Port Arthur, Texas; Que Preve Una Eleccion Conjunta Con El Distrito Escolar Independiente De Port Arthur, El Puerto De Port Arthur Distrito De Navegacion, Y La Autoridad Portuaria De Sabine Pass; Y Se Establece Una Eleccion Especial Para Someter Propuestas De Acuerdo Al Capitulo 271 Del Codigo De Elecciones De Texas, Y Se Dispone La Publicacion De La Notificacion De La Eleccion (5) P.O. No. 6544 — An Ordinance By The City Of Port Arthur, Texas ("City") Approving The Rate Increase Settlement Of Texas Gas Service Company, Setting Final Rates, Approving A Rate Case Expense Collection Surcharge, Finding That The Meeting Complies With The Open Meetings Act, Making Other Findings And Provisions Related To The Subject, And Declaring An Effective Date AGENDA APRIL 5, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (6) P.O. No. 6545 — An Ordinance Granting An Abandonment Of A 2.5' X 114' Portion Of A 7.5' X 114' Utility Easement Located On Lot 11, Block 31, Lakeside Park Unit 4 [A.K.A. 5408 Prospect Avenue], Port Arthur, Jefferson County, Texas And Depicted On The Display And Providing The Effective Date Of This Ordinance (A16-01 — Kathy White) 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 April 6, 2016. 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.