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HomeMy WebLinkAboutJULY 12, 2016 REGULAR MEETING DERRICK FORD FREEMAN,MAYOR Energy BRIAN McDOUGAL RAYMOND SCOTT,JR.,MAYOR PRO TEM City of ay CITY MANAGER COUNCIL MEMBERS: AO/ SHERRI BELLARD,TRMC TIFFANY L.HAMILTON c�t� CITY 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 July 12, 2016 8:3o a.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 July 12, 2016 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tem 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. PETITIONS & COMMUNICATIONS A. Speakers (1) Greg Richard And Biblical Interpreter Eddie Levy Regarding Current State Of Port Arthur Compared To The Biblical Prophecy Foretold By The Ancient Hebrew Israelites (2) Eddie Levy Regarding State Of The State Of Port Arthur (3) Jeremy Squiers Regarding Safety And Efficiency In The City And On The Streets Of Port Arthur (4) Bernadine Tyler Regarding Re-Zoning Of Palomar Addition i AGENDA JULY 12, 2016 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) Ron Arceneaux Regarding An American Public Works Association (APWA) Award From The Texas Public Works Association C. Employee Recognition D. Correspondence — None IV. PUBLIC HEARINGS — 9:00 A.M. — NONE V. UNFINISHED BUSINESS — 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 (A1) City Manager Brian McDougal: Texas City Managers Association Annual Conference South Padre Island, TX, June 9-12, 2016 $1,301.95 (A2) City Manager Brian McDougal: Texas Public Works Association Annual Conference McAllen, TX, June 16-18, 2016 $1,156.21 (A3) City Attorney Valecia R. Tizeno: Texas City Attorneys Association Summer Conference Lost Pines, TX, June 14-16, 2016 $1,471.11 AGENDA JULY 12, 2016 VI. CONSENT AGENDA — CONTINUED B. Resolutions — Consent (1) P.R. No. 19429 — A Resolution Authorizing The City Manager To Enter Into A Preventative Maintenance And Repair Agreement With GENRG Power Solutions, LLC DBA Generators Of Houston For Generator Maintenance And Repair At All Utility Operations Sites, With A Projected Budgetary Impact Of $30,000.00. Funding Available In Account Numbers 410-1252-532.42-00, 410-1255- 532.54-00, And 410-1256-532.42-00 (2) P.R. No. 19430 — A Resolution Authorizing The Second And Final Year Contracts For The Purchase Of Water Treatment Chemicals For The Utility Operations Department With Brenntag Southwest, Inc., DXI Industries, Inc. And Therchem Corporation For The Same Unit Prices Currently Paid. Funds Are Available In Water Purification And Wastewater Division O&M Budget Account Nos. 410-1252- 532.29-02 & 410-1256-532.29-00 (3) P.R. No. 19437 — A Resolution Amending The FY 2015-2016 Contract Between The City Of Port Arthur And The Department Of State Health Services Public Health Preparedness Program To Extend The Contract Period To June 30, 2017, Increasing Funds In The Amount Of $100,296.00 (4) P.R. No. 19438 — A Resolution Authorizing The City Manager To Enter Into A Contract With Joey's Tractor Service Of Port Arthur, Texas, For The Mowing Of Pleasure Island, With A Projected Annual Budgetary Impact Of $139,800.00. Funding Available In Pleasure Island Accounts 450-1291-549.59-00, 450-1292-549.59- 00, 450-1293-549.59-00, And 450-1294-549.59-00 (5) P.R. No. 19439 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (6) P.R. No. 19443 — A Resolution Authorizing The City Manager To Accept Real Property Donations From Jonathan Dixxon, John Syers, Jr., And Barbara Raymond, Continent Upon A Clear Title AGENDA JULY 12, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19442 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Richard) B. Ordinances (1) P.O. No. 6561 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning From Single Family (SF) And Multiple Family (MF) To Light Commercial (LC) For A 22.57 Acre Tract Or Parcel Of Land, Being All Of Lots 10-25, Block 27, A Portion Of Blocks 25 And 26, And All Of Blocks 14, 15, And 16 Or The Palomar Addition, Section One, City Of Port Arthur, Jefferson County, Texas (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Chapter 1, Section 1-13 Of The Code Of Ordinances, As Amended, By A Fine Not Exceeding Two Thousand [$2,00.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date. Z16-03 — Blaze Holdings, LLC, Single Family (SF) And Multiple Family (MF) To Light Commercial (LC) (2) P.O. No. 6562 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning From Two Family (2F) To Light Commercial (LC) For Approximately 0.5625 Acre Tract Or Parcel Of Land Out Of And Part Of Lot 4, Block 3, Range "G", Port Arthur Land Company Subdivision, Volume 1, Page 22, Map Records, City Of Port Arthur, Jefferson County, Texas (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Chapter 1, Section 1-13 Of The Code Of Ordinances, As Amended, By A Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date. Z16-06 — Olive Packing Company, Inc. Two Family (2F) To Light Commercial (LC) 4 AGENDA JULY 12, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.O. No. 6564 — An Ordinance As It Pertains To The Fire Department Staffing Levels VIII. *CLOSED MEETING (EXECUTIVE SESSION) In Order To Comply With The Requirements Of Section 551.101 Of Chapter 551 (Open Meetings Law) Of The Texas Government Code [Formerly Article 6252-17, Section 2(a)], Prior To Going Into Closed Meeting The Presiding Officer Of The City Should Make The Following Public Announcement: "A Closed Meeting Or Executive Session Will Now Be Held Pursuant To The Following Sections Of Chapter 551 Texas Government Code": Section 551.071 — Litigation And/Or Legal Advice Section 551.072 — Land Section 551.073 — Negotiated Contracts For Prospective Gifts To The City Section 551.074 — Personnel Section 551.076 — Security Personnel Or Devices Section 551.087 — Deliberations Regarding Economic Development Incentives Closed Meeting: (1) Section 551.071 Government Code — To Discuss With The City Attorney And Legal Consultation Regarding A Grievance That Has Been Filed By The International Association Of Fire Fighters Local 397 (2) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (3) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (GT Logistics) 5 AGENDA JULY 12, 2016 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (4) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Howard Energy Partners) (5) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (Zeo Gas) (6) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Project Condor) (7) Section 551.072 Government Code — To Discuss Value Of Land In The 400 Block Of Fourth Street IX. WORK SESSION (1) Jeri Wechsler And Ken Brown Regarding Zeo Gas (2) Bart Owens Regarding Howard Energy Partners 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 July 13, 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 ************************************************************ 6 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.