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HomeMy WebLinkAboutMAY 31, 2016 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR Energy BRIAN McDOUGAL RAYMOND SCOTT,JR.,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC TIFFANY L.HAMILTON SECRETARY MORRIS ALBRIGHT Ort r t h u r KEITH RICHARD VAL TIZENO WILLIE"BAE"LEWIS,JR. Texas CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AG E N DA City Council Regular Meeting May 31, 2016 5:30 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 May 31, 2016 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tern Scott, Jr. Councilmember Hamilton Councilmember Albright, III Councilmember Richard Councilmember Lewis, Jr. Councilmember Swati Councilmember Moses Councilmember Frank City Manager McDougal City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Interim Police Chief Dunlap Or Designee II. PROCLAMATIONS Proclamations III. ITEM REQUIRING INDIVIDUAL ACTION Ordinance: P.O. No. 6555 — An Ordinance Authorizing A One Time Suspension Of The Rules Pursuant To Robert's Rules Of Order, As It Pertains To Section 2- 73(d) Of The Code Of Ordinances, Limiting The Number Of Speakers, To Allow Additional Speakers At The May 31, 2016 City Council Meeting (Requested By Councilmember Lewis) 1 AGENDA MAY 31, 2016 IV. PETITIONS & COMMUNICATIONS A. Speakers (1) Dr. Levy Barnes Regarding Q. Production LLC & GTQ Car Shows (2) Christopher Schell Regarding Non-Smoking Ordinance Private Club Exemption (3) Jeffrey P. Childs Regarding Exemption For Businesses From Smoking Ban (4) Paula Watts Regarding Smoking Ban (Private Clubs) Amendment To Ordinance (5) Christopher Bates, Constable Pct. 2 Regarding Smoking Ordinance / City Empowerment B. Presentations (1) Bria Maczeal, Jerry Saavedra, Sam Waylan, And AJ Turner, Jr. Regarding The Smoke Free Air Ordinance (Requested By Councilmember Hamilton) C. Employee Recognition (1) Citizen Mary Arnold Wants To Recognize Employee Lloyd Douglas D. Correspondence — None V. PUBLIC HEARING — 6:00 P.M. — NONE VI. 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 MAY 31, 2016 VII. WORKSHOPS (1) To Discuss And Possibly Take Action Concerning The City Of Port Arthur Garbage Trucks (Requested By Mayor Prince) (2) To Discuss And Possibly Take Action Concerning Code Enforcement (Requested By Mayor Prince) VIII. 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) City Attorney Valecia Tizeno: Municipal Annexation: Why Cities Need It & How To Do It Right Austin, TX May 11-13, 2016 $1,039.16 B. Resolutions — Consent (1) P.R. No. 19321 — A Resolution Authorizing The Execution Of A One Year Contract Between The City Of Port Arthur And CMM Construction Co., Inc., Of Beaumont, Texas, For Repair Of Utility Cuts On Flexible Base Streets On A Unit Cost Basis, With An Estimated Budgetary Impact Of $140,000.00. Funding Is Available In Account No. 410-1253-532.36-00, Utility Operations Water Distribution Streets, And 410-1256-532.36-00, Utility Operations Wastewater Conveyance, Streets 3 AGENDA MAY 31, 2016 VIII. CONSENT AGENDA — CONTINUED (2) P.R. No. 19373 — A Resolution Authorizing The Purchase Of Sludge Return Pumps With Control Panels Included For The Utility Operations Department From Pump & Power Equipment LLC, Of Houston, Texas, With A Projected Budgetary Impact Of $37,134.00. Funds Are Available In Account No. 410-1256-532.92-00 (3) P.R. No. 19381 — A Resolution Authorizing The City Manager To Execute The Deeds Of Trust And Loan Agreements Between The City And Four (4) Homeowners That Are Certified To Participate In The Rehabilitation And Reconstruction Federal Program (4) P.R. No. 19394 — A Resolution Approving And Adopting A Downtown Revitalization Plan For The City Of Port Arthur, Jefferson County, Texas (5) P.R. No. 19395 — A Resolution Authorizing Repairs To Equipment No. 1954, D7E Caterpillar Dozer, For The Utility Operations Landfill Division From Louisiana CAT Of Lake Charles, Louisiana, With A Projected Budgetary Impact Of $31,972.90. Utility Operations Landfill Division Vehicle Maintenance Account No. 403-1274- 533.43-00 (6) P.R. No. 19396 — A Resolution In Support Of The City's Participation In The Texas Projects For Grant Funding Under The Direct Component (Bucket 1) Of The Federal Restore Act Administered By The U.S. Department Of The Treasury (7) P.R. No. 19397 — A Resolution Requesting City Council Approve The Payment Of Two (2) Invoices For The Emergency Repairs To A 36" Water Transmission Main On Savannah Avenue For The Utility Operations Department To Allco, L.L.C., In The Total Amount Of $87,212.38. Funds Are Available In Account No. 410-1251-532.54- 00 (8) P.R. No. 19398 — A Resolution Calling For A Public Hearing To Consider A Zoning Change From Two Family To Light Commercial For Approximately 0.5625 Acre Of Land Consisting Of Lot 4, Block 3, Range "G", Port Arthur Land Company Subdivision, City Of Port Arthur, Jefferson County, Texas 4 4 AGENDA MAY 31, 2016 VIII. CONSENT AGENDA — CONTINUED (9) P.R. No. 19400 — A Resolution Authorizing The City Manager To Execute An Agreement With Bruce's General Construction, Inc., Of Beaumont, Texas, For The Annual Contract For Utility Cut Repairs For Concrete Slabs At Various Locations Throughout The City For The Water And Sanitary Sewer Department, With A Projected Budgetary Impact Of $90,000.00. Funding Available In Utility Streets Program Account Number 401-1253-532.86-00 (10) P.R. No. 19401 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (11) P.R. No. 19402 — A Resolution Authorizing The City Manager To Execute A Contract Between The City And Imani Quality Concepts, LLC Of Beaumont, Texas, For Site Preparation And Reconstruction Of Two (2) Homes In The Amount Of $219,716.46, Which Includes A $5,000.00 Contingency. Account Number 108-2141-626.59-00, Project #HE1402 & #HE1502 And 105-1431-552.59-00 Project #C41115 • (12) P.R. No. 19403 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release And Contractor's Certificate Of Guarantee For The 24" Waterline From 19th Street To The Sabine Neches Canal Project, • And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas, And Approval Of Final Payment To Alico, L.L.C. Of Beaumont, Texas, In The Amount Of $169,577.63. Account No. 429-1258-532.59-00, Project No. WSI003 (13) P.R. No. 19404 — A Resolution Authorizing The City Manager To Enter Into A Contract With E. Sullivan Advertising Of Port Neches, Texas, To Create A New City Logo, With A Projected Budgetary Impact Of $6,950.00; Funds Are Available In The Hotel Occupancy Tax Fund Account 5 AGENDA MAY 31, 2016 IX. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19384 — A Resolution Authorizing Acceptance Of Engineer's Certificate Of Completion, Contractor's Certificate And Release, Contractor's Certificate Of Guarantee, For The Development At 3501 12th Street (Edison Square) And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (2) P.R. No. 19399 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release And Contractor's Certificate Of Guarantee For The Sabine Neches Waterway Direct Pipe Project To Serve The City Of Port Arthur And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas, And Approval Of Final Payment In The Amount Of $820,741.40 To Strike, LLC; Project No. WSI004, Account No. 429-1258-532.59-00 (3) P.R. No. 19405 — A Resolution Appointing And/Or Reappointing A Member or Members To The Library Board (4) P.R. No. 19407 — A Resolution For City Council Consideration Of A Permit Application Submitted By Circus Alegria And For Consideration Of Whether To Hold A Public Hearing Pursuant To Chapter 22, Article 3, Division 2, Of The City Of Port Arthur Code Of Ordinances B. Ordinances (1) P.O. No. 6541 — An Ordinance Amending Chapter 110 (Utilities), Sections 110-61, 110-66, 110-70, 110-91, 110-92, 110-94, 110-95, 110-98, 110-99, 110-252 And 110-254 Of The Code Of Ordinances Of The City Of Port Arthur, As It Pertains To Rates, Billing And Collection Procedures For Residential And Commercial Customers, And Providing For Publication (2) P.O. No. 6556 — An Ordinance Amending Chapter 39 Of The Code Of Ordinances As It Pertains To Regulating Smoking In Public Places (Requested By Councilmember Swati) 6 AGENDA MAY 31, 2016 X. 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 June 1, 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 *************************************************** 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.