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HomeMy WebLinkAboutFEBRUARY 14, 2017 REGULAR MEETING 8:30 AM V/ , DERRICK FORD FREEMAN,MAYOR Energy --� BRIAN McDOUGAL RAYMOND SCOTT,JR.,MAYOR PRO TEM City of cin. CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC TIFFANY L. HAMILTON CITY SECRETARY MORRIS ALBRIGHT u Y t KEITH RICHARD VAL TIZENO WILLIE"BAE" LEWIS,JR. 7t \us CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AG E N DA City Council Regular Meeting February 14, 2017 8:30 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 February 14, 2017 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: Police Chief Melvin Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Robert Peany Regarding Edison Square Plaza B. Presentations (1) A Presentation By Planning And Zoning Regarding The Use Of The Land On Franklin Campus (Requested By Councilmember Lewis) (2) A Presentation By Public Works Director Armando Gutierrez Regarding Street Capital Improvement Plan AGENDA FEBRUARY 14, 2017 III. PETITIONS & COMMUNICATIONS — CONTINUED C. Employee Recognition — None 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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) Mayor Derrick Freeman: Mayor's Conference Washington, DC January 16 — 19, 2017 $2,330.07 B. Resolutions — Consent (1) P.R. No. 19505 — A Resolution Authorizing The City Manager To Enter Into A Contract Between The City Of Port Arthur And Arceneaux Wilson & Cole LLC, To Provide Additional Construction Phase Engineering Services For Phase I And Phase II Surface Water Treatment Plant Improvements, In The Not To Exceed Amount Of $723,000.00 Account No. 429-1258-532.54-00, Project No. WSI010 4 2 AGENDA FEBRUARY 14, 2017 VI. CONSENT AGENDA — CONTINUED (2) P.R. No. 19578 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $7,940.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Property Damage To Water Distribution Truck #2013 (3) P.R. No. 19659 — A Resolution Requesting City Council Ratify Emergency Repairs To An 18" Sewer Force Main At The West Port Arthur Road Wastewater Lift Station For The Utility Operations Department To Allco, L.L.C., With A Projected Budgetary Impact Of $80,000.00, Funds Are Available In Wastewater Conveyance Account No. 410-1255-532.33-00 (4) P.R. No. 19662 — A Resolution Authorizing The Purchase Of P-25 Compliant Radios And Accessories Through Motorola Solutions Of Houston, Texas, With HGAC Pricing, In The Total Amount Of $52,105.52; Funding Available Through 2016 SHSP Grant Funds, Account No. 107-1118-521.25-00, Project No. R16280 (5) P.R. No. 19669 — A Resolution Calling For A Public Hearing To Consider A Zoning Change From Two Family To Light Commercial For Approximately 0.1607 Acre Of Land Consisting Of All Of Lot 7 And The North 20' Of Lot 8, Block 14, Boulevard Court Addition [A.K.A. 2800 24th Street], City Of Port Arthur, Jefferson County, Texas (6) P.R. No. 19671 — A Resolution Authorizing The City Manager To Execute An Amendment To The FY 2017-2018 Contract Between The City Of Port Arthur And The Department Of State Health Services, WIC Division, Increasing The Funds For FY 2017 And Extending The Contract To September 30, 2018 For A Total Not To Exceed $1,244,768.00 AGENDA FEBRUARY 14, 2017 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 19665 — A Resolution To Support Establishing Police, Fire, And Emergency Medical Services Explorer Programs (Requested By Councilmember Moses) (2) P.R. No. 19666 — A Resolution Amending Resolution 15-219, As It Pertains To The Industrial District Contract Compliance Committee (Requested By Mayor Freeman) (3) P.R. No. 19667 — A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Councilmember Swati) (4) P.R. No. 19678 — A Resolution Authorizing The City Manager To Execute A Lease Renewal Amendment Between The City Of Port Arthur And The State Of Texas On Behalf Of The Texas Parks And Wildlife Department For The Property Located At 601 Channel View Drive, Pleasure Island, Port Arthur, Texas B. Ordinance — Non-Consent (1) P.O. No. 6610 — An Ordinance Continuing The Juvenile Curfew Ordinance As Delineated In Sections 62-101 To 62-106 Of The Code Of Ordinances Of The City Of Port Arthur (2) P.O. No. 6612 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning From Heavy Commercial (HC) To Industrial (I) For Approximately 4.336 Acres Of Land Consisting Of Tract 1-A-B3, Block 3, Range "I", Sabine Pass, 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 Z16-11-Potter Construction Heavy Commercial (HC) To Industrial (I) 4 AGENDA FEBRUARY 14, 2017 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: i "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 Pending Litigation Regarding Cause No. E-194887; Reginald Trainer, Efrain Avendano, Paul Hulin And Herman Levingston v. City of Port Arthur (2) Section 551.072 Government Code — To Discuss The Value Of The Land On Pleasure Island (Cajun Cabins) (3) Section 551.072 Government Code — To Discuss The Value Of The Land For The Property Located At 601 Channel View Drive, Pleasure Island, Port Arthur, Texas (4) Section 551.072 Government Code — To Discuss The Value Of The Land For The Property Located At 701 W. Rev. Dr. Ransom Howard Street (H.O.P.E. Building) (5) Section 551.072 Government Code — To Discuss The Value Of The Land Located at Gulfway Drive and 9th Avenue AGENDA FEBRUARY 14, 2017 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (6) Section 551.087 Government Code — Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Industrial District Agreements) (7) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Seahawk Landing, LLC) (8) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Manager *The Items In Executive Session May Be Discussed And Acted On In Open Session IX. 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 February 15, 2017. 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.