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Home My WebLink About(02) OCTOBER 18, 2016 REGULAR MEETING REGULAR MEETING — October 18, 2016 I. INVOCATION, PLEDGE & ROLL CALL Mayor Pro Tern Scott 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, October 18, 2016 at 5:48 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., 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 Patrick Melvin. Councilmembers Keith Richard and Osman Swati joined the Regular Meeting during open session. II. PROCLAMATIONS - None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Patricia Parker Regarding Housing And Neighborhood Concerns Patricia Parker, 2638 15th Street, appeared before the City Council to discuss the above-mentioned topic. (2) Alicia Marshall Regarding Demolition Status Alicia Marshall, 2913 13th Street, appeared before the City Council to discuss the above-mentioned topic. B. Presentations - None C. Employee Recognition - None D. Correspondence - None IV. PUBLIC HEARINGS — 6:00 PM - None V. UNFINISHED BUSINESS - None VI. CONSENT AGENDA Upon the motion of Councilmember Hamilton, seconded by Councilmember Moses and carried, the following Consent Agenda items were adopted with the exception of Proposed Resolutions No. 19415, 19516, 19533, 19542, 19547, 19550 and 19553: Voting Yes: Mayor Freeman; Mayor Pro Tern Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati, Moses and Frank. Voting No: None. 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 (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 (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 Proposed Resolution No. 19528 was adopted becoming Resolution No. 16-270. (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 ET] Proposed Resolution No. 19541 was adopted becoming Resolution No. 16-271. (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 Proposed Resolution No. 19543 was adopted becoming Resolution No. 16-272. (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 AlIco 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 City Council Minutes 2 Regular Meeting — October 18, 2016 And Certificate Of Release From Allco For Final Payment And Release Of Retainage Proposed Resolution No. 19544 was adopted becoming Resolution No. 16-273. (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 Proposed Resolution No. 19561 was adopted becoming Resolution No. 16-274. VII. ITEMS REQUIRING INDIVIDUAL ACTION Consent - Resolutions (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Lewis, seconded by Councilmember Frank and carried, Proposed Resolution No. 19415 was adopted becoming Resolution No. 16-275. Community and Development Services Director Ron Burton appeared before the City Council to answer inquiries regarding the above-mentioned application. 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. 16-275 reads as follows: RESOLUTION NO. 16-275 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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Swati, seconded by Councilmember Hamilton and carried, Proposed Resolution No. 19516 was adopted becoming Resolution No. 16-276. EDC Director Floyd Batiste appeared before the City Council to answer inquiries regarding the above-mentioned policies. 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. 16-276 reads as follows: City Council Minutes 3 Regular Meeting — October 18, 2016 RESOLUTION NO. 16-275 A RESOLUTION APPROVING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION DOWN PAYMENT ASSISTANCE PROGRAM POLICIES AND PROCEDURES (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried, Proposed Resolution No. 19533 was adopted becoming Resolution No. 16-277. Police Department Head Patrick Melvin, Fire Chief Larry Richards and Deputy Police Chief John Owens appeared before the City Council to answer inquiries regarding the above-mentioned grant. 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. 16-277 reads as follows: RESOLUTION NO. 16-277 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 (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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Frank and seconded by Councilmember Moses that Proposed Resolution No. 19542 be adopted. Upon the motion of Councilmember Albright, seconded by Councilmember Swati and carried, Proposed Resolution No. 195422 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. (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 City Council Minutes 4 Regular Meeting — October 18, 2016 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Hamilton and carried, Proposed Resolution No. 19547 was adopted becoming Resolution No. 16-278. Convention and Visitors Bureau Director Tammy Kotzur appeared before the City Council to answer inquiries regarding the above-mentioned contract. Councilmember Hamilton made the following statement for the record: I will ask again, we did this time last year, when we previously awarded almost a quarter of a million dollars, please express to them how important it is to us to be involved in the marketing of this organization. If we are going to provide tax payers dollars to support this we have to make sure that it's adequately being marketed. So that our citizens can be aware of what is going on in the museum and the other organizations that we are funding-- that we are providing funding to. Even to the point, to where, someone from this board can be appointed to that board. So that decisions that are being made -- that we are not aware of. It's very very important that we be involved. I am not suggesting that we table or withhold this funding. We want them to be supported. But we need to make sure that we are first hand involved in the marketing and programming that is going to be available there. 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. 16-278 reads as follows: RESOLUTION NO. 16-278 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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Mayor Pro Tern Scott, seconded by Councilmember Frank and carried, Proposed Resolution No. 19550 was adopted becoming Resolution No. 16-279. 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. 16-279 reads as follows: City Council Minutes 5 Regular Meeting — October 18, 2016 RESOLUTION NO. 16-279 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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried, Proposed Resolution No. 19553 was adopted becoming Resolution No. 16-280. 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. 16-280 reads as follows: RESOLUTION NO. 16-280 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 A. Resolutions (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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Frank and seconded by Councilmember Moses that Proposed Resolution No. 19548 be adopted. Upon the motion of Councilmember Lewis, seconded by Councilmember Moses and carried, Proposed Resolution No. 19548 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. (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 City Council Minutes 6 Regular Meeting — October 18, 2016 Amount Of $19,800.00 Hotel Occupancy Tax Account No. 140-1405-551.59-00, M97909 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried, Proposed Resolution No. 19549 was adopted becoming Resolution No. 16-281. 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. 16-281 reads as follows: RESOLUTION NO. 16-281 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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Hamilton, seconded by Councilmember Moses and carried, Proposed Resolution No. 19554 was adopted becoming Resolution No. 16-282. 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. 16-282 reads as follows: RESOLUTION NO. 16-282 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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Swati and carried, Proposed Resolution No. 19557 was adopted, with the name of Inell Moore being inserted, becoming Resolution No. 16-283. City Council Minutes 7 Regular Meeting — October 18, 2016 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. 16-283 reads as follows: RESOLUTION NO. 16-283 A RESOLUTION APPOINTING AND/OR REAPPOINTING A MEMBER TO THE PLANNING AND ZONING COMMISSION B. Ordinances (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 The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried, Proposed Ordinance No. 6567 was adopted becoming Ordinance No. 16-64. 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. 16-64 reads as follows: ORDINANCE NO. 16-64 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 City Council Minutes 8 Regular Meeting — October 18, 2016 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 The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried, Proposed Ordinance No. 6588 was adopted becoming Ordinance No. 16-65. Voting Yes: Mayor Freeman; Mayor Pro Tern Scott; Councilmembers Hamilton, Albright, Richard, Lewis, Swati, Moses and Frank. Voting No: None. The caption of Ordinance No. 16-65 reads as follows: ORDINANCE NO. 16-65 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 Upon the motion by Councilmember Hamilton, seconded by Councilmember Swati and carried unanimously, the City Council adjourned their meeting 6:58 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 City Council Minutes 9 Regular Meeting — October 18, 2016 END OF REGULAR MEETING HELD October 18, 2016. APPROVED City Council Minutes 10 Regular Meeting — October 18, 2016