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HomeMy WebLinkAbout(02) SEPTEMBER 20, 2016 REGULAR MEETING REGULAR MEETING — September 20, 2016 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Hamilton gave the invocation followed with the pledge to the flag. The City Council of the City of Port Arthur met in Regular Session on Tuesday, September 20, 2016 at 5:53 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Derrick Freeman; Mayor Pro Tem Raymond Scott, Jr.; Tiffany Hamilton, Morris Albright, III., Keith Richard, Willie "Bae" Lewis, Jr., Charlotte M. Moses and Kaprina Frank; City Manager Brian McDougal, City Secretary Sherri Bellard, City Attorney Valecia R. Tizeno, and Sergeant At Arms Chief of Weldon Dunlap. Councilmember Osman Swati joined the Regular Meeting during open session. II. PROCLAMATIONS & MINUTES Proclamations The Mayor issued the following Proclamations September 2016 as "Ovarian Cancer Awareness Month" IV. PUBLIC HEARINGS — 6:00 PM (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 The Mayor introduced the above-mentioned Public Hearing at 6:04 p.m. Senior Planner Paul Brown appeared before the City Council and gave an overview of the above-mentioned item. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned item. No one appeared before the City Council to address the above-mentioned item. Upon the motion of Councilmember Hamilton, seconded by Councilmember Frank and carried unanimously, the City Council closed the Public Hearing at 6:09 p.m. (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 The Mayor introduced the above-mentioned Public Hearing at 6:09 p.m. The motion was made by Councilmember Frank and seconded by Councilmember Moses that the Public Hearing be open. Finance Jerry Dale appeared before the City Council and gave an overview of the above-mentioned tax rate. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned item. The following citizens appeared before the City Council to discuss the above-mentioned tax rate: Gloria Sanchez, 3631 Lexington Avenue, Port Arthur, Texas Harold Doucet, 5180 Cambridge Avenue, Port Arthur, Texas Upon the motion of Councilmember Hamilton, seconded by Councilmember Swati and carried unanimously, the City Council closed the Public Hearing at 6:39 p.m. III. PETITIONS & COMMUNICATIONS A. Speakers (1) Patricia Parker Regarding Housing And Neighborhood Concerns Patricia Parker cancelled her appearance before the City Council. Cancelled. 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) The City Secretary gave the above-mentioned presentation. (2) Presentation By Dr. Levy Barnes, Steve Turpine And Kirby Vanburch Regarding Downtown Revitalization Cancelled. (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) AWC Ceo Ron Arceneaux and Engineer Joe Wilson gave the above-mentioned presentation. (4) Presentation By Mayor Freeman Regarding Municipal Development Districts May Freeman gave the above-mentioned presentation. C. Employee Recognition - None D. Correspondence - None V. UNFINISHED BUSINESS (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 The Mayor introduced the above-mentioned Proposed Resolution (Ordinance). Upon the motion of Councilmember Moses, seconded by Councilmember Frank and carried, Proposed Resolution No. 19497 was adopted becoming Resolution No. 16-250. Voting Yes: Mayor Freeman; Mayor Pro Tern Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati, Moses and Frank. City Council Minutes 2 Regular Meeting — September 20, 2016 Voting No: None. The caption of Resolution No. 16-250 reads as follows: RESOLUTION NO. 16-250 A RESOLUTION AUTHORIZING A CONTRACT WITH JESSE BRANICK AS THE CITY PROSECUTOR; FUNDING AVAILABLE IN ACCOUNT NO. 001-1021-514.54-02 VI. CONSENT AGENDA Upon the motion of Councilmember Moses, seconded by Councilmember Frank the Consent Agenda was adopted with the exception of Proposed Resolutions No. 19515, 19517, 19520, 19523 and 19524: Voting Yes: Mayor Freeman; Mayor Pro Tern Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati, Moses and Frank. Voting No: None. 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 Proposed Resolution No. 19466 was adopted becoming Resolution No. 16-16-251. (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 Proposed Resolution No. 19512 was adopted becoming Resolution No. 16-16-252. (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 Proposed Resolution No. 19513 was adopted becoming Resolution No. 16-253. (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 City Council Minutes 3 Regular Meeting — September 20, 2016 Proposed Resolution No. 19519 was adopted becoming Resolution No. 16-254. (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 Proposed Resolution No. 19521 was adopted becoming Resolution No. 16-255. (9) P.R. No. 19522 — A Resolution Affirming The Investment Policies Of The City Of Port Arthur For The 2016-2017 Fiscal Year Proposed Resolution No. 19522 was adopted becoming Resolution No. 16-256. (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 Proposed Resolution No. 19526 was adopted becoming Resolution No. 16-257. (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 Proposed Resolution No. 19527 was adopted becoming Resolution No. 16-258. (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 Proposed Resolution No. 19530 was adopted becoming Resolution No. 16-259. VII. ITEMS REQUIRING INDIVIDUAL ACTION Consent - Resolutions (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Frank and carried, Proposed Resolution No. 19515 was adopted becoming Resolution No. 16-260. Voting Yes: Mayor Freeman; Mayor Pro Tern Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati, Moses and Frank. City Council Minutes 4 Regular Meeting — September 20, 2016 Voting No: None. The caption of Resolution No. 16-260 reads as follows: RESOLUTION NO. 16-260 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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Lewis, seconded by Mayor Pro Tern Scott and carried, Proposed Resolution No. 19517 was adopted becoming Resolution No. 16-261. Voting Yes: Mayor Freeman; Mayor Pro Tern Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati, Moses and Frank. Voting No: None. The caption of Resolution No. 16-261 reads as follows: RESOLUTION NO. 16-261 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 (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried, Proposed Resolution No. 19520 was adopted becoming Resolution No. 16-262. Voting Yes: Mayor Freeman; Mayor Pro Tern Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati, Moses and Frank. City Council Minutes 5 Regular Meeting — September 20, 2016 Voting No: None. The caption of Resolution No. 16-262 reads as follows: RESOLUTION NO. 16-262 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 (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Swati and carried, Proposed Resolution No. 19523 was adopted becoming Resolution No. 16-263. Voting Yes: Mayor Freeman; Mayor Pro Tern Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati, Moses and Frank. Voting No: None. The caption of Resolution No. 16-263 reads as follows: RESOLUTION NO. 16-263 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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Frank and carried, Proposed Resolution No. 19524 was adopted becoming Resolution No. 16-264. Voting Yes: Mayor Freeman; Mayor Pro Tern Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati, Moses and Frank. City Council Minutes 6 Regular Meeting — September 20, 2016 Voting No: None. The caption of Resolution No. 16-264 reads as follows: RESOLUTION NO. 16-264 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 A. Resolutions (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) The Mayor introduced the above-mentioned Proposed Resolution. E Sullivan Advertising appeared before the City Council to answer inquiries regarding the above-mentioned logo. Upon the motion of Councilmember Albright, seconded by Councilmember Hamilton and carried, Proposed Resolution No. 19532 was removed from the agenda. Voting Yes: Mayor Freeman; Mayor Pro Tem Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati, Moses and Frank. Voting No: None. (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Lewis, seconded by Councilmember Moses and carried, Proposed Resolution No. 19482 was adopted becoming Resolution No. 16-265. Voting Yes: Mayor Freeman; Mayor Pro Tem Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati, Moses and Frank. Voting No: None. The caption of Resolution No. 16-265 reads as follows: RESOLUTION NO. 16-265 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. City Council Minutes 7 Regular Meeting — September 20, 2016 Department Of Housing And Urban Development For The Rehabilitation Of Rose Hill (Requested By Councilmember Lewis) The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried, Proposed Resolution No. 19514 was adopted becoming Resolution No. 16-266. Voting Yes: Mayor Freeman; Mayor Pro Tern Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati, Moses and Frank. Voting No: None. The caption of Resolution No. 16-266 reads as follows: RESOLUTION NO. 16-266 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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Frank and seconded by Councilmember Hamilton that Proposed Resolution No. 19529 be adopted. Upon the motion of Councilmember Hamilton, seconded by Councilmember Swati and carried, Proposed Resolution No. 19529 was amended as follows: That the October 4, 2016 regularly scheduled council meeting be rescheduled to Monday, October 3, 2016 at 8:30 a.m. Voting Yes: Mayor Freeman; Mayor Pro Tern Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati, Moses and Frank. Voting No: None. The motion to amend Proposed Resolution No. 19529 carried. Proposed Resolution No. 19529 was adopted as amended becoming Resolution No. 16- 267. Voting Yes: Mayor Freeman; Mayor Pro Tern Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati, Moses and Frank. Voting No: None. The caption of Resolution No. 16-267 reads as follows: RESOLUTION NO. 16-267 A RESOLUTION AUTHORIZING THE OCTOBER 4, 2016 REGULARLY SCHEDULED COUNCIL MEETING DATE TO BE RESCHEDULED OR CANCELLED City Council Minutes 8 Regular Meeting — September 20, 2016 B. Ordinances (1) P.O. No. 6583 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing T h e 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 The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried, Proposed Ordinance No. 6583 was adopted becoming Ordinance No. 16-29. Voting Yes: Mayor Freeman; Mayor Pro Tem Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati, Moses and Frank. Voting No: None. The caption of Ordinance No. 16-59 reads as follows: ORDINANCE NO. 16-59 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 VIII. ADJOURNMENT OF MEETING Upon the motion by Councilmember Swati, seconded by Mayor Pro Tem Scott and carried unanimously, the City Council adjourned their meeting 8:28 p.m. An audio-tape of this meeting is on file in the office of the City Secretary and is made a part of the official minutes of this meeting. MAYOR DERRICK FREEMAN ATTEST: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD September 20, 2016. City Council Minutes 9 Regular Meeting — September 20, 2016 APPROVED . City Council Minutes 10 Regular Meeting — September 20, 2016