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HomeMy WebLinkAboutSEPTEMBER 20, 2016 REGULAR MEETING 5:30 PM DERRICK FORD FREEMAN,MAYOR a -� BRIAN McDOUGAL RAYMOND SCOTT,JR.,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: 49/t SHERRI BELLARD,TRMC TIFFANY L.HAMILTON CITY SECRETARY MORRIS ALBRIGHT ort r t h is r KEITH RICHARD VAL TIZENO WILLIE"BAE" LEWIS,JR. 7i' as CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AG E N DA City Council Regular Meeting September 20, 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 September 20, 2016 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman 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. PETITIONS & COMMUNICATIONS A. Speakers (1) Patricia Parker Regarding Housing And Neighborhood Concerns B. Presentations (1) Presentation By City Secretary Regarding The Cost Of Run-Off Elections For Council District 5, Positions 7 And 8 From 2008 To 2016 (Requested By Councilmember Lewis) (2) Presentation By Dr. Levy Barnes, Steve Turpine And Kirby Vanburch Regarding Downtown Revitalization AGENDA SEPTEMBER 20, 2016 III. PETITIONS & COMMUNICATIONS — CONTINUED (3) Presentation By Ron Arceneaux, Joe Wilson, Ricky McInnis and Kyle Kelly Regarding Update On Bluebonnet And 18th Street Project (Requested By Councilmembers Hamilton, Swati and Moses) (4) Presentation By Mayor Freeman Regarding Municipal Development Districts C. Employee Recognition — None D. Correspondence IV. PUBLIC HEARING — 6:00 P.M. (1) Z16-07 [SUP# 229] To Consider A Specific Use Permit For Approximately 10.000 Acres Of Land Consisting Of Tract 3, Block 10, Port Arthur Economic Development Corporation Business Park [A.K.A. 9655 Richard Wycoff Drive], Port Arthur, Jefferson County, Texas (2) Receive And Hear All Persons Desiring To Be Heard On Proposed Property Tax Rate Of $0.792000 Per $100 Valuation Has Been Proposed For Adoption By The Governing Body Of City Of Port Arthur. This Rate Exceeds The Lower Of The Effective Or Rollback Tax Rate, And State Law Requires That Two Public Hearings Be Held By The Governing Body Before Adopting The Proposed Tax Rate 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.R. No. 19497 — A Resolution Authorizing A Contract With Jesse Branick As The City Prosecutor; Funding Available In Account No. 001-1021-514.54-02 2 AGENDA SEPTEMBER 20, 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 08/23/2016 Special Meeting 08/23/2016 Special Executive Meeting 08/23/2016 Regular Meeting 09/06/2016 Regular Meeting 09/08/2016 Special Meeting 09/15/2016 Special Meeting B. Resolutions — Consent (1) P.R. No. 19466 — A Resolution Authorizing The City Manager To Accept A Special Warranty Deed From Jefferson County, Texas, Donating The Land And The Former County Public Health Building, Located At 246 Dallas Avenue, Port Arthur, Texas, To The City Of Port Arthur; Said Special Warranty Deed Contains The Conditions Which Apply To This Donation (2) P.R. No. 19512 — A Resolution Awarding A Contract To Lark Group, Inc., Of Warren, TX, In The Amount Of $48,700.00, And Authorizing The Execution Of A Contract For Asbestos/Lead Abatement And Demolition Of Six (6) Dangerous Commercial Property Located At Pleasure Island, To Be Charged To Account No. 001-1052-517.59-00 (3) P.R. No. 19513 — A Resolution Authorizing The City Manager To Reject The Bids (Bid No. P16-052) For The Asbestos Abatement & Demolition Of 2 City-Owned Residential Properties Located In The City Of Port Arthur AGENDA SEPTEMBER 20, 2016 VI. CONSENT AGENDA — CONTINUED (4) P.R. No. 19515 — A Resolution Terminating The Contract For Grass Cutting Services With D6AS Of Port Arthur, Texas, And Awarding The Contract To Blade Runner Of Beaumont, Texas, With A Projected Annual Budgetary Impact Of $40,000.00. Funds Are Available In Housing Division Account Nos. 001-1053-517.59-00 And 117-1404-621.59-00, Project Number Hope 3 (5) P.R. No. 19517 — A Resolution Approving A Technical Assistance Agreement Between The City Of Port Arthur, Texas, The City Of Port Arthur Section 4A Economic Development Corporation And National Development Council For The Period Of October 1, 2016 Through September 30, 2017 In An Amount Not Exceed $72,000.00; Account No. 120-1429-582.54-11 (6) P.R. No. 19519 — A Resolution Authorizing The City Manager To Execute The Deeds Of Trust And Loan Agreements Between The City And Two (2) Homeowners That Are Certified To Participate In The Rehabilitation And Reconstruction Federal Program (7) P.R. No. 19520 — 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 With A Projected Budgetary Impact Of $35,000.00; Funding Available In The Finance Department's Professional Service Account No. 001-1032-515.54-00 (8) P.R. No. 19521 — A Resolution Approving A Professional Service Agreement With Aftermath Advisory Group LLC To Perform Hurricane Ike Closeout Procedures With A Projected Budgetary Impact Of $25,000.00; Funding Available In The Finance Department's Professional Service Account No. 001-1031-515.54-00 (9) P.R. No. 19522 — A Resolution Affirming The Investment Policies Of The City Of Port Arthur For The 2016-2017 Fiscal Year 4 AGENDA SEPTEMBER 20, 2016 VI. CONSENT AGENDA — CONTINUED (10) P.R. No. 19523 — A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And Wayne Outlaw, CPA For The Provision Of Accounting Services For The Finance Department With A Budgetary Impact Of $72,800.00; Funding Available In The Finance Department's Professional Service Account No. 001-1032-515.54-00 (11) P.R. No. 19524 — A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And Kandi Daniel For The Provision Of Accounting Services For The Finance Department With A Budgetary Impact Of $72,800.00; Funding Available In The Finance Department's Professional Service Account No. 001-1032- 515.59-00 (12) P.R. No. 19526 — A Resolution Authorizing The City Manager To Execute A Written Agreement Between The City Of Port Arthur And Joyce Hayes For Participation In The City Of Port Arthur's Owner Occupied Housing Assistance Rehabilitation And Reconstruction Program (13) P.R. No. 19527 — A Resolution Authorizing The City Manager To Execute A Written Agreement Between The City Of Port Arthur And Anh Pham For Participation In The City Of Port Arthur's Owner Occupied Housing Assistance Rehabilitation And Reconstruction Program (14) P.R. No. 19530 — A Resolution Awarding A Contract To R.L. Abatement, Inc., Of Weslaco, TX, In The Amount Of $27,900.00, And Authorizing The Execution Of A Contract For Asbestos Abatement Of The Old Probation Building Located At 246 Dallas Avenue, To Be Charged To Account No. 001-1052-517.59-00 AGENDA SEPTEMBER 20, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 19482 — A Resolution Approving An Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Jireh World Church / Outreach Ministries, Inc., For A Cost Not To Exceed $100,000.00 (2) P.R. No. 19514 — A Resolution Authorizing The City Manager To Commence The Application Process For A Section 108 Project Loan Program With The U.S. Department Of Housing And Urban Development For The Rehabilitation Of Rose Hill (Requested By Councilmember Lewis) (3) P.R. No. 19529 — A Resolution Authorizing The October 4, 2016 Regularly Scheduled Council Meeting Date To Be Rescheduled Or Cancelled (4) P.R. No. 19532 — A Resolution Authoring The Adoption Of A New Logo And Slogan For The City Of Port Arthur (Requested By Councilmember Hamilton) B. Ordinances — Non-Consent (1) P.O. No. 6583 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning From Single-Family Residential To Planned Development District No. 36 For 3248 Procter Street. (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 IMMO 6 AGENDA SEPTEMBER 20, 2016 VIII. ADJOURNMENT OF MEETING *************************************************** I NOTE: If The Meeting Extends Past 11:59PM, The City Council May Elect 1 To Recess The Meeting And Reconvene At 8:30AM On September 21, 1 2016. During The Recess, No Action Will Be Taken On Any Item Of i Remaining Business And No Executive Sessions Will Be Held To Discuss Any Matters, All In Accordance With The Open Meetings Law *************************************************** F 7 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.