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HomeMy WebLinkAboutMAY 23, 2017 REGULAR MEETING 5:30 PM DERRICK FORD FREEMAN,MAYOR ee,gy BRIAN McDOUGAL CAL J.JONES,MAYOR PRO TEM City Of CITY MANAGER COUNCIL MEMBERS: /i k AI SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. — CITY SECRET.ARI' THOMAS J.KINLAW,III n r 1 r f{1 tl!- HAROLD HAROLD DOUCET SR. VAL TREND WILLIE"BAE" LEWIS,JR. i`1\ CITY ATTORNEY OSMAN SWATI CHARLOTTE MOSES KAPRINA FRANK AG E N DA City Council Regular Meeting May 23, 2017 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 May 23, 2017 5:30 P.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tern Jones Councilmember Scott, Jr. Councilmember Kinlaw, III Councilmember Doucet, Sr. 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) Ann Douglas Regarding Recognition Of City Of Port Arthur Building Inspector Derek Robinson (2) Keith Richard Regarding Recognition Of City Of Port Arthur Environmental Health Inspector Israel Guidry (3) John Beard Jr. Regarding Protecting Your Citizens, A Call To Action (4) Janice Rogers Regarding German Pellets LLC 1 AGENDA MAY 23, 2017 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) A Presentation By Public Works Director Armando Gutierrez Regarding The Street Program C. Employee Recognition — None D. Correspondence — None IV. PUBLIC HEARINGS — 6:00 P.M. (1) A Public Hearing To Consider Whether Or Not Public Convenience And Necessity Require The Operation Of The Following Proposed Business In The City Of Port Arthur: Ricardo Taxi Service 3445 40th Street Port Arthur, Texas 77642 Owner: Ricardo G. Murillo (2) A Public Hearing To Receive Public Comment Regarding The Application Of Entergy Texas, Inc. To Amend Its Certificate Of Convenience And Necessity To Construct Montgomery County Power Station In Montgomery County In Public Utility Commission Of Texas Docket No. 46416 (3) A Public Hearing To Consider Amending The Zoning Ordinance To Add A Land-Use Description For Gaming Rooms, To Add Definitions For A "Gaming Room" And For A "Gaming Machine", And To Establish An Off-Street Parking Space Requirement (4) A Public Hearing To Consider A Change In Transit Service Levels, Proposing Route Changes To Port Arthur Transit Bus Routes (5) A Public Hearing To Consider The Federal Transit Administration's Award For Operations, Planning, And Capital Projects For Fiscal Years 2013-2017 For Port Arthur Transit, As Reflected In Exhibit „A„ 7 AGENDA MAY 23, 2017 V. UNFINISHED BUSINESS (1) P.R. No. 19746 — A Resolution Of The City Council Of Port Arthur Texas, In Support Of A Proposal By Entergy Texas, Inc., Regarding The Application Of Entergy Texas Inc. To Amend Its Certificate Of Convenience And Necessity To Construct Montgomery County Power Station In Montgomery County In Public Utility Commission Of Texas Docket No. 46416 VI. CONSENT AGENDA NOTICE TO THE PUBLIC: The Following Items Are Of A Routine Or R 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 Report (Al) Mayor Derrick Freeman: Meeting With Sylvester Turner Houston, TX March 29 — 30, 2017 $462.41 B. Resolutions — Consent (1) P.R. No. 19676 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into An Agreement With SETEX Construction Corp. For The Fabrication And Installation Of An Aluminum Movie Screen On The East Wall Of 501 Procter Street In Accordance With The Plans And Specifications Provided By Haddon-Cowan Architects Collaborative At A Price Not To Exceed $80,000.00. PAEDC Funding Account No. 120-1429- 582.82-00 AGENDA MAY 23, 2017 VI. CONSENT AGENDA — CONTINUED (2) P.R. No. 19707 — A Resolution Authorizing An Amendment To The Contract Between The City Of Port Arthur And Aquila Golf, Inc., For The Management Of Babe Didrikson Zaharias Memorial Golf Course As It Pertains To Resident And Non-Resident Fees (3) P.R. No. 19759 — A Resolution Authorizing A Unit Price Increase To The Contract For Brenntag Southwest, For The Purchase Of Liquid Chlorine In The Amount Of $25.00 Per Ton For The Utility Operations Department. Funds Are Available In The Water Purification Division O&M Budget Account No. 410-1252-532.29-02, And In The Wastewater Treatment Division O&M Budget Account No. 410-1256-532.29-00 (4) P.R. No. 19763 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Contribute An Additional $115,000.00 To The Grow America Fund (GAF) To Maintain $4,000,000.00 In Its SBA Grow Port Arthur Loan Portfolio And To Administer The City Of Port Arthur Contribution Of $115,000.00 To GAF Funds For A Small Business Micro-Loan Program. PAEDC Funding Account No. 120-1429-582.59-01 (5) P.R. No. 19764 — A Resolution Approving The Closing Of The Economic Incentive Contract & Loan Agreement Between B&B Ice, Inc., And The City Of Port Arthur Section 4A Economic Development Corporation (6) P.R. No. 19765 — A Resolution Approving The Closing Of The Economic Development Conditional Grant Agreement Between BK PA, LTD. And The City Of Port Arthur Section 4A Economic Development Corporation (7) P.R. No. 19769 — A Resolution Authorizing The City Manager To Transfer Ownership Of Two (2) Zetron Console Chassis And Accessories To Orange County Emergency Services District #2 (OCESD #2) 4 AGENDA MAY 23, 2017 VI. CONSENT AGENDA — CONTINUED (8) P.R. No. 19774 — A Resolution Authorizing The City Manager To Execute A Contract With CMM Construction Co. Inc., Of Beaumont, Texas For Placement Of Hot-Mix Asphaltic Concrete On A Unit Cost Basis With A Projected Budgetary Impact Amount Of $250,000.00. Funding Available In City Streets Accounts 001-1203-531.36-00 Maintenance ($100,000.00), 001-1203-531.86-00 Streets Program (100,000.00), 001-1203-531.86-01 CDBG ($50,000.00) (9) P.R. No. 19789 — A Resolution Authorizing The Calling Of A Public Hearing To Consider Whether Or Not Public Convenience And Necessity Require The Operation Of Proposed Wrecker Business, I.E., Felix MA Auto Salvage (10) P.R. No. 19792 — A Resolution Authorizing The City Manager To Execute An Interlocal Contract Between The City Of Port Arthur And The Jefferson County Sheriff's Office For The Purpose Of Maintaining A Multi-Agency Narcotics Enforcement Unit VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 19788 — A Resolution Authorizing The Chief Of Police To Issue A Taxi Business Permit To Ricardo Taxi Service, Owned By Ricardo G. Murillo And Located At 3445 40th Street, Port Arthur, Texas (2) P.R. No. 19791 — A Resolution Amending The Ceremonial Street Naming Policy For The City Of Port Arthur (Requested By Councilmember Lewis) (3) P.R. No. 19793 — A Resolution Appointing A Member And/Or Members And An Alternate And/Or Alternates To The Industrial District Contract Compliance Committee AGENDA MAY 23, 2017 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinance — Non-Consent (1) P.O. No. 6620 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting Specific Use Permit 230 (Sup #230) For Approximately 18.087 Acres Of Land And Water Out Of The T. & N.O.R.R. Survey [A.K.A. 2350 S. Gulfway Drive], Port Arthur, Jefferson County, Texas For The Construction And Maintenance Of Bulk Petroleum Liquids Handling And Storage/Marine Facilities 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] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date. (Z17-02 — GT Logistics, LLC) SUP # 230 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 May 24, 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.