Loading...
HomeMy WebLinkAboutOCTOBER 18, 2016 REGULAR MEETING 5:30 PM DERRICK FORD FREEMAN,MAYOR ,gy BRIAN McDOUGAL RAYMOND SCOTT,JR.,MAYOR PRO TEM City of City CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC TIFFANY L.HAMILTON CITY SECRETARY MORRIS ALBRIGHT or/ Y t jl I[Y KEITH RICHARD VAL TREND WILLIE"BAE" LEWIS,JR. ` ''' CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AG E N DA City Council Regular Meeting October 18, 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 October 18, 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: Police Chief Melvin Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Patricia Parker Regarding Housing And Neighborhood Concerns (2) Alicia Marshall Regarding Demolition Status B. Presentations — None C. Employee Recognition — None D. Correspondence — None t AGENDA OCTOBER 18, 2016 IV. PUBLIC HEARING — 6:00 P.M. — NONE 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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. Minutes 09/20/2016 Special Executive Meeting 09/20/2016 Regular Meeting 09/27/2016 Special Meeting 09/29/2016 Special Meeting B. Expense Reports (B1) Councilmember Willie "Bae" Lewis Jr.: IEDC Conference Cleveland, OH September 24 — 28, 2016 $1,168.74 (B2) Mayor Pro Tern Raymond Scott Jr.: Texas Municipal League Conference Austin, TX October 4 — 7, 2016 $1,454.05 (B3) Councilmember Willie "Bae" Lewis Jr.: Texas Municipal League Conference Austin, TX October 4 — 7, 2016 $1,820.29 2 AGENDA OCTOBER 18, 2016 VI. CONSENT AGENDA — CONTINUED (B4) City Manager Brian McDougal: Texas Municipal League Conference Austin, TX October 4 — 7, 2016 $1,814.95 (B5) City Attorney Valecia Tizeno: Texas Municipal League Conference Austin, TX October 4 — 7, 2016 $1,577.79 C. Resolutions — Consent (1) P.R. No. 19415 — A Resolution Authorizing Filing An Application With The U.S. Environmental Protection Agency (EPA) For A Brownfields Area-Wide Planning Grant In The Amount Of $300,000.00 (2) P.R. No. 19516 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Down Payment Assistance Program Policies And Procedures (3) P.R. No. 19528 — A Resolution Authorizing The City Manager To Make Payments For Quarterly Fees For Landfill Disposal To The Texas Commission On Environmental Quality (TCEQ) With A Projected Budgetary Impact In The Amount Of $140,000.00. Funding Is Available In Account No. 403-1274-533.59-01, Utility Operations Landfill Division — Regulatory Fees/Fines (4) P.R. No. 19533 — A Resolution Authorizing The Police Chief And Fire Chief To Accept The 2016 Port Security Grant Award, Which Is 75% Federally Funded With A Projected Budgetary Match Of $150,000.00. Funding Available In Police Department Equipment Account No. 107-1118-521.92-00 (5) P.R. No. 19541 — A Resolution Confirming The Motion Of The City Council Directing The Planning Department Prepare Service Plans For Industrial District Areas And For Points Of Delivery Of Electricity By Entergy To Industrial Customers In The City's ETJ 3 AGENDA OCTOBER 18, 2016 VI. CONSENT AGENDA — CONTINUED (6) P.R. No. 19542 — A Resolution Authorizing The Assignment Of The Lease At 207 S. Spoil Levee Road, Locally Known As Sharkys' Grill And Bait On Pleasure Island (7) P.R. No. 19543 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into An Agreement With HR Green Development, LLC To Design And Develop Plans For Landscape And Hardscape Improvement Along The Frontage Of Jade Avenue Business Park In An Amount Not To Exceed $18,080.00 Plus Reimbursable In An Amount Not To Exceed $1.000.00 (8) P.R. No. 19544 — A Resolution Approving Change Order No. 3 To The Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And Allco For Site Grading To Serve The Port Arthur Spur 93 Business Park Job No. EDC-220 And Authorizing Acceptance Of The Engineer's Certificate Of Completion From Arceneaux Wilson & Cole, The Contractor's Certificate Of Guarantee And Certificate Of Release From Allco For Final Payment And Release Of Retainage (9) P.R. No. 19547 — A Resolution Approving A Contract Between The City Of Port Arthur, Lamar State College-Port Arthur And The Port Arthur Historical Society For The Purpose Of Funding The Museum Of The Gulf Coast For The 2016-2017 Fiscal Year In The Amount Of $246.336.00, Account No. 140-1405-551.59-00, M97904 (10) P.R. No. 19550 — A Resolution Approving An Amendment To The Contract Between The City Of Port Arthur And The Port Arthur Convention And Tourist Association Which Manages And Operates A Convention/Visitors Bureau In Order To Provide Funding Of $625,000.00 For The 2016-2017 Fiscal Year (11) P.R. No. 19553 — A Resolution Authorizing The City Manager To Accept The Fiscal Year 2016 State Homeland Security Program-Law Enforcement Terrorism Prevention (SHSP-LETP) Funding, With No Local Match Required 4 AGENDA OCTOBER 18, 2016 VI. CONSENT AGENDA — CONTINUED (12) P.R. No. 19561 — A Resolution Authorizing The November 15, 2016 Regularly Scheduled Council Meeting Date To Be Rescheduled To November 14, 2016 At 5:30 PM VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 19548 — A Resolution Authorizing The Execution Of An Agreement To Share Operating Expenses Of Rose Hill Between The City Of Port Arthur And The Federated Women's Club Of Port Arthur For The 2016-2017 Fiscal Year, In The Amount Of $153,000.00, Account Nos. 140-1405-551.59-00, M97908 And 001- 1402-551.14-00 (2) P.R. No. 19549 — A Resolution Approving A Contract Between The City Of Port Arthur And The Port Arthur Historical Society For The Purpose Of Funding Of The Pompeiian Villa For The 2016-2017 Fiscal Year In The Amount Of $19,800.00 Hotel Occupancy Tax Account No. 140-1405-551.59-00, M97909 (3) P.R. No. 19554 — A Resolution Authorizing The City Manager To Enter Into An Agreement For The Construction Of Public Improvements With J.G. Realty And Investment, LLC For Upgrades To The Sanitary Sewer And Rehabilitation To The Hillcrest Lift Station (4) P.R. No. 19557 — A Resolution Appointing And/Or Reappointing A Member To The Planning And Zoning Commission 5 AGENDA OCTOBER 18, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances — Non-Consent (1) P.O. No. 6567 — An Ordinance Amending Section 18-35 (Building Permit Fees; Economic Incentive Program) Of The Code Of Ordinances By Deleting Subsection (B) (Reduction Of Permit Fees), And Adding A New Subsection (B) (Waiver Of Building Permit Fees), Relating To The City Of Port Arthur Section 4B Economic Development Corporation's Affordable Housing Program For New Construction Of Single Family Residential Structures. Said Changes Repeal All Or Parts Of Ordinances In Conflict Herewith; And Declaring The Effective Date Hereof (2) P.O. No. 6588 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting Specific Use Permit 229 (Sup #229) For Approximately 10.000 Acres Of Land Consisting Of Tract 3, Block 10, Port Arthur Economic Development Corporation Business Park Subdivision, Port Arthur, Jefferson County, Texas, For The Installation And Maintenance Of An Above-Ground, 2,000 Gallon Diesel Fuel Storage Tank In The Industrial Zoned District (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Section 1-13 Of The Code Of Ordinances As Amended By 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. (Z16-07 — MPW Industrial Water Services) SUP #229 VIII. ADJOURNMENT OF MEETING *************************************************** NOTE: If The Meeting Extends Past 11:59 PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30 AM On October 19, 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.