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HomeMy WebLinkAboutDECEMBER 4, 2018 REGULAR MEETING 5:30 PM / DERRICK FORD FREEMAN,MAYOR E„e,g.. HARVEY ROBINSON THOMAS J. KINLAW III,MAYOR PRO TEM City,of cin INTERIM CITY MANAGER r 1 COUNCIL MEMBERS: / SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. '� CITYSECRETARY CAL J.JONES ort r t It u r HAROLD DOUCET,SR. VAL TIZENO CHARLOTTE MOSES re Va_S CITY ATTORNEY KAPRINA FRANK AGENDA City Council Regular Meeting December 4, 2018 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 December 4, 2018 5:30 P.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tern Kinlaw, III Councilmember Scott, Jr. Councilmember Jones Councilmember Doucet, Sr. Councilmember Moses Councilmember Frank Interim City Manager Robinson City Secretary Bellard, TRMC City Attorney Tizeno Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations Trent Johnson III. PETITIONS & COMMUNICATIONS A. Speakers (1) Michael Hargis, Consultant For The Golden Triangle Empowerment Center Regarding Free Workforce Training Program (2) Scarlet McDaniel-Talley Regarding Hurricane Harvey Recovery For Port Arthur Residents (3) Warren A. Field, Community Advocate Regarding Letter Of Appreciation To The City (4) Raymond Perry Regarding Removal / Extension Of Federal Emergency Management Agency (FEMA) Trailers I AGENDA DECEMBER 4, 2018 III. PETITIONS & COMMUNICATIONS — CONTINUED (5) John Beard, Jr. Regarding Hurricane Harvey Recovery, Growth Development And Economics B. Presentations (1) A Presentation By Southeast Texas Riders Car Club Regarding The 2019 Father's Day Car Show And Concert (2) A Presentation By Dr. Levy Q. Barnes, Jr. And Q. Productions, LLC Regarding The 5th Annual Christmas Car Show And Concert (3) A Presentation By Finance Director Andrew Vasquez Regarding The September 2018 Monthly Financial Report (4) A Presentation By Staff Regarding Game Rooms C. Employee Recognition — None D. Correspondence — None E. Discussion (1) To Discuss Proposed Programs And Projects To Be Submitted To The Texas General Land Office In Application For Community Development Block Grant — Disaster Recovery (CDBG-DR) Funding (2) To Discuss The City Manager Search Schedule (Requested By Councilmember Doucet) IV. PUBLIC HEARINGS — 6:00 P.M. — NONE V. UNFINISHED BUSINESS — NONE AGENDA DECEMBER 4, 2018 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. Travel Request — None B. Expense Reports (B1) Mayor Pro Tern Thomas Kinlaw, III: National League Of Cities City Summit Los Angeles, CA November 6 — 10, 2018 $3,002.69 (B2) Councilmember Charlotte Moses: National League Of Cities City Summit Los Angeles, CA November 6 — 10, 2018 $2,711.51 C. Minutes — None D. Resolutions — Consent (1) P.R. No. 20396 — A Resolution Ratifying The Emergency Temporary Fuel Station And Purchase Of Supplementary Fuel From Reladyne, LLC D/B/A Derrick Oil & Supply, Inc. Of Port Arthur, Texas, In The Total Amount Of $52,295.40; Funds Are Available In Transit Account Nos. 401-1501-561.24-00 And 401-1506-561.24-00 (2) P.R. No. 20430 — A Resolution Authorizing The Purchase Of 2,000 Itron Electronic Meter Transmitters For Water Utilities Department With Republic Meter, Inc. Of Dallas, Texas, With A Total Projected Budgetary Impact Of $138,000.00. Funds Are Available In Account No. 410-1253-532.35-00 AGENDA DECEMBER 4, 2018 VI. CONSENT AGENDA — CONTINUED (3) P.R. No. 20520 — A Resolution Approving The Department Of The Army License Renewal No. DACW64-3-18-0076 Pertaining To The Sabine Neches Waterway Project, Sabine Neches Canal (4) P.R. No. 20581 — A Resolution Calling For A Public Hearing To Consider Amending The Zoning Ordinance Of The City Of Port Arthur By Amending Planned Development District — 15 [PD-15] To Include Approximately 0.3375-Acre Of Land Consisting Of All Of Lots 10 & 11, Block 35, Beachway Addition, City Of Port Arthur, Jefferson County, Texas (5) P.R. No. 20584 — A Resolution Authorizing The City Manager To Execute A Written Agreement Between The City Of Port Arthur And Jeanette Jones For Participation In The City Of Port Arthur's Owner Occupied Housing Assistance Rehabilitation And Reconstruction Program (6) P.R. No. 20585 — A Resolution Approving Settlement Of Wind Damage Claims In The Amount Of $56,418.06 Made Against Certain Underwriters At Lloyd's Of London (Through Agent USI Southwest Inc., El Paso) Due To Hurricane Harvey (August 30, 2017) To Various City Properties (7) P.R. No. 20588 — A Resolution Calling For A Public Hearing To Consider A Proposed Abandonment For 0.2261-Acre Of Land Consisting Of An Improved Portion Of The 76th Street Right-Of-Way Located In The Newport Heights No. 1 Addition, City Of Port Arthur, Jefferson County, Texas A18-01 (City Of Port Arthur) (8) P.R. No. 20589 — A Resolution Designating And Establishing The Father's Day Car Show And Concert Entertainment Area, Designation Southeast Texas Riders Car Club Of Port Arthur As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With Southeast Texas Riders Car Club Of Port Arthur 4 AGENDA DECEMBER 4, 2018 VI. CONSENT AGENDA — CONTINUED (9) P.R. No. 20591 — A Resolution To Accept The Donation Of A 2019 Ford Escape From Texas Department Of Health And Human Services For The City Of Port Arthur WIC Program To Travel For Official WIC Business. All Vehicle Maintenance, Inspections, And Repair Services Will Be Funded By WIC Grant Funds Vehicle Maintenance Account, 101-1331-542.43 (10) P.R. No. 20592 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $17,607.70 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood Damage To The Phone System At The Port Arthur Public Library As Result Of Hurricane Harvey (August 30, 2017) (11) P.R. No. 20593 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Physical Damage Claim In The Amount Of $9,418.70 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Transit Vehicle #2011 (12) P.R. No. 20596 — A Resolution Designating And Establishing The 5th Annual Christmas Car Show And Concert Entertainment Area, Designating Q. Productions, LLC As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With Q. Productions, LLC VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20443 — A Resolution Approving The Sale Of Approximately Twenty-Two (22) Acres Of Land In The City Of Port Arthur Section 4A Economic Development Corporation Business Park To Standard Alloys Incorporated (2) P.R. No. 20560 — A Resolution Approving The Application Of Viking Enterprises Inc., DBA City Ambulance Service For An Ambulance Agreement AGENDA DECEMBER 4, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.R. No. 20567 — A Resolution Authorizing The City Of Port Arthur To Accept A Donation In The Amount Of $15,000.00 From Jack & Jill Of America Foundation (4) P.R. No. 20587 — A Resolution Approving An Economic Incentive Contract & Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Standard Alloys Incorporated B. Ordinances — Non-Consent (1) P.O. No. 6740 — An Ordinance Of The City Of Port Arthur, Texas, Amending Ordinance No. 18-09 As It Pertains To A Waiver For Flood Elevation Requirements In The Code Of Ordinances, Chapter 42: Floods And Zoning Requirements In The Code Of Ordinances, Appendix A: Zoning To Allow For Manufactured Homes, Mobile Housing Units, And Recreational Vehicles In Floodplains, Special Flood Hazard Areas, And To Temporarily Locate In Any Zoning District For Temporary Use To Allow The Federal Emergency Management Agency (FEMA) To Provide Temporary Direct Housing Assistance In The Form Of Manufactured Homes, Mobile Housing Units, Recreational Vehicles, And Other Readily Fabricated Dwellings, In Response To Widespread Damage Caused By Hurricane Harvey; And Providing Findings Of Fact (2) P.O. No. 6742 — An Ordinance Of The City Of Port Arthur, Texas, To Annex Adjacent And Contiguous Territory Into The Incorporated Municipal Boundaries Of The City Of Port Arthur, Texas Including The Following: Findings Of Fact; Effective Date; A Repealer; Severability; And Proper Notice And Meeting (3) P.O. No. 6743 — An Ordinance Amending Sections 114-33 And 114- 42 Of The Code Of Ordinances Of The City Of Port Arthur As It Pertains To Emergency Medical Vehicles; Providing For A Penalty, Effective Date And For Publication 6 AGENDA DECEMBER 4, 2018 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 December 5, 2018. 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 ************************************************************ 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,-sach 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.