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Home My WebLink AboutMINUTES 05/23/2017 REGULAR MEETING REGULAR MEETING — May 23, 2017 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Moses 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, May 23, 2017 at 5:33 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Derrick Freeman; Mayor Pro Tem Cal Jones; Councilmembers Raymond Scott, Jr., Thomas Kinlaw, III, Harold Doucet, Willie "Bae" Lewis, Jr., Osman Swati, 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 Police Patrick Melvin. II. PROCLAMATIONS & MINUTES Proclamations The Mayor issued the following Proclamations June 2017 as "Men's Health Month" May 23, 2017 as "Gift of Life Program Men's Health Awareness Day" III. PETITIONS & COMMUNICATIONS A. Speakers (1) Ann Douglas Regarding Recognition Of City Of Port Arthur Building Inspector Derek Robinson Ann Douglas, 1849 Gulfway Drive, appeared before the City Council to discuss the above-mentioned topic. (2) Keith Richard Regarding Recognition Of City Of Port Arthur Environmental Health Inspector Israel Guidry Not present. (3) John Beard Jr. Regarding Protecting Your Citizens, A Call To Action John Beard, 501 W. 15th Street, appeared before the City Council to discuss the above- mentioned topic. (4) Janice Rogers Regarding German Pellets LLC Janice Rogers, 1300 Joe Lewis Avenue, appeared before the City Council to discuss the above-mentioned topic. IV. PUBLIC HEARINGS — 6:00 PM (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 The Mayor introduced the above-mentioned Public Hearing at 6:06 p.m. Entergy Representative Ron Fletcher 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. The following citizen's appeared to discuss the above-mentioned power station: Warren Field, 1147 60th Street John Beard, 501 W 15th Street Marvin Smith, 6517 W. Port Arthur Road Upon the motion of Councilmember Swati, seconded by Councilmember Moses and carried unanimously, the City Council closed the Public Hearing at 6:21 p.m. 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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Swati, seconded by Councilmember Moses and carried, Proposed Resolution No. 19746 was adopted becoming Resolution No. 17-125. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Kinlaw, Doucet, Lewis, Swati, Moses and Frank. Voting No: None. The caption of Resolution No. 17-125 reads as follows: RESOLUTION NO. 17-125 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 VII. ITEMS REQUIRING INDIVIDUAL ACTION (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Swati and carried, Proposed Resolution No. 19788 was adopted becoming Resolution No. 17-126. Voting Yes: Mayor Freeman; Mayor Pro Tem Jones; Councilmembers Kinlaw, Doucet, Lewis, Swati, Moses and Frank. Voting No: None. City Council Minutes 2 Regular Meeting — May 23, 2017 The caption of Resolution No. 17-126 reads as follows: RESOLUTION NO. 17-126 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 (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 The Mayor introduced the above-mentioned Public Hearing at 6:24 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. DeDe Pelletier, 4609 Alamosa Gloria Sanchez, 3631 Lexington Avenue Marvin Smith, 6517 W. Port Arthur Road Upon the motion of Councilmember Doucet, seconded by Councilmember Scott and carried unanimously, the City Council closed the Public Hearing at 6:41 p.m. VII. ITEMS REQUIRING INDIVIDUAL ACTION (2) P.R. No. 19791 — A Resolution Amending The Ceremonial Street Naming Policy For The City Of Port Arthur (Requested By Councilmember Lewis) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Swati and seconded by Councilmember Lewis that Proposed Resolution No. 19791 be adopted. Councilmember Kinlaw left the Regular Meeting. Edgar Wise appeared before the City Council to answer inquiries regarding the above- mentioned street naming policy. Proposed Resolution No. 19791 was adopted becoming Resolution No. 17-127. Voting Yes: Mayor Freeman; Mayor Pro Tem Jones; Councilmembers Doucet, Lewis, Swati, Moses and Frank. Voting No: None. The caption of Resolution No. 17-127 reads as follows: RESOLUTION NO. 17-127 A RESOLUTION AMENDING THE CEREMONIAL STREET NAMING POLICY FOR THE CITY OF PORT ARTHUR (REQUESTED BY COUNCILMEMBER LEWIS) City Council Minutes Regular Meeting — May 23, 2017 IV. PUBLIC HEARINGS — 6:00 PM (4) A Public Hearing To Consider A Change In Transit Service Levels, Proposing Route Changes To Port Arthur Transit Bus Routes The Mayor introduced the above-mentioned Public Hearing at 6:49 p.m. Councilmember Kinlaw returned to the Regular Meeting. Transit Director Ron McElhose 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. Tanisha Wilson, 1300 Joe Lewis Avenue, appeared before the City Council to discuss the above-mentioned item. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried unanimously, the City Council closed the Public Hearing at 7:04 p.m. (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" The Mayor introduced the above-mentioned Public Hearing at 7:05 p.m. Transit Director Ron McElhose 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. Warren Field, 1147 60th Street Upon the motion of Councilmember Swati, seconded by Councilmember Frank and carried unanimously, the City Council closed the Public Hearing at 7:26 p.m. III. PETITIONS & COMMUNICATIONS B. Presentations (1) A Presentation By Public Works Director Armando Gutierrez Regarding The Street Program Public Works Director Armando Gutierrez gave the above-mentioned presentation. C. Employee Recognition - None D. Correspondence - None VI. CONSENT AGENDA Upon the motion of Councilmember Swati, seconded by Councilmember Moses and carried, the following Consent Agenda was adopted with the exception of Proposed Resolutions No. 19769 and 19774: Voting Yes: Mayor Freeman; Mayor Pro Tem Jones; Councilmembers Kinlaw, Doucet, Lewis, Swati, Moses and Frank. Voting No: None. City Council Minutes 4 Regular Meeting — May 23, 2017 A. Expense Report (A1) 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 Proposed Resolution No. 19676 was adopted becoming Resolution No. 17-123. (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 Proposed Resolution No. 19707 was adopted becoming Resolution No. 17-129. (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 Proposed Resolution No. 19759 was adopted becoming Resolution No. 17-130. (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 Proposed Resolution No. 19763 was adopted becoming Resolution No. 17-131. (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 Proposed Resolution No. 19764 was adopted becoming Resolution No. 17-132. (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 Proposed Resolution No. 19765 was adopted becoming Resolution No. 17-133. City Council Minutes Regular Meeting — May 23, 2017 (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 AAA Auto Salvage Proposed Resolution No. 19789 was adopted becoming Resolution No. 17-134. (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 Proposed Resolution No. 19792 was adopted becoming Resolution No. 17-135. VII. ITEMS REQUIRING INDIVIDUAL ACTION Consent - Resolutions (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) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Swati and seconded by Councilmember Moses that Proposed Resolution No. 19769 be adopted. Deputy Chief Michael Fratus appeared before the City Council to answer inquiries regarding the above-mentioned item. Proposed Resolution No. 19769 was adopted becoming Resolution No. 17-136. The caption of Resolution No. 17-136 reads as follows: RESOLUTION NO. 17-136 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) (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) The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried, Proposed Resolution No. 19774 was adopted becoming Resolution No. 17-137. The caption of Resolution No. 17-137 reads as follows: City Council Minutes 6 Regular Meeting — May 23, 2017 RESOLUTION NO. 17-137 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) A. Resolutions (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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Frank and seconded by Councilmember Moses that Proposed Resolution No. 19793 be adopted. The motion was made by Councilmember Moses and seconded by Councilmember Doucet be amended by appointing Councilmember Moses as a member to the Industrial District Contract Compliance Committee. The motion was made by Councilmember Swati and seconded by Councilmember Doucet be amended by appointing Councilmember Kinlaw and Doucet as Alternates to the Industrial District Contract Compliance Committee. The above-mentioned motions to amend carried. Voting Yes: Mayor Freeman; Mayor Pro Tem Jones; Councilmembers Kinlaw, Doucet, Lewis, Swati, Moses and Frank. Voting No: None. Proposed Resolution No. 19793 was adopted, as amended, becoming Resolution No. 17-138. The caption of Resolution No. 17-138 reads as follows: RESOLUTION NO. 17-138 A RESOLUTION APPOINTING A MEMBER AND/OR MEMBERS AND AN ALTERNATE AND/OR ALTERNATES TO THE INDUSTRIAL DISTRICT CONTRACT COMPLIANCE COMMITTEE B. Ordinances (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 City Council Minutes 7 Regular Meeting — May 23, 2017 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 The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Frank, seconded by Councilmember Swati and carried, Proposed Ordinance No. 6620 was adopted becoming Ordinance No. 17-17. Voting Yes: Mayor Freeman; Mayor Pro Tem Jones; Councilmembers Kinlaw, Doucet, Lewis, Swati, Moses and Frank. Voting No: None. The caption of Ordinance No. 17-17 reads as follows: ORDINANCE NO. 17-17 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 IX. ADJOURNMENT OF MEETING Upon the motion by Councilmember Swati, seconded by Councilmember Frank and carried unanimously, the City Council adjourned their meeting 8:22 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 May 23, 2017. APPROVED • City Council Minutes 8 Regular Meeting — May 23, 2017