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HomeMy WebLinkAboutSEPTEMBER 29, 2015 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR Energy BRIAN McDOUGAL KAPRINA FRANK,MAYOR PRO TEM City of _ C,n' CITY MANAGER COUNCIL MEMBERS: �/ SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY L.HAMILTON % Ort rth u r MORRIS ALBRIGHT VAL TIZENO STEPHEN A.MOSELY Texas CITY ATTORNEY WILLIE"BAE" LEWIS,JR. OSMAN SWATI DERRICK FREEMAN AG E N DA City Council Regular Meeting September 29, 2015 8:3o 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 September 29, 2015 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES INVOCATION, PLEDGE & ROLL CALL Mayor Prince • Mayor Pro Tern Frank Councilmember Scott, Jr. Councilmember Hamilton • Councilmember Albright, III Councilmember Mosely Councilmember Lewis, Jr. Councilmember Swati Councilmember Freeman • City Manager McDougal City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Blanton Or Designee II. APPROVAL OF AGENDA M. PROCLAMATIONS& MINUTES Proclamations N. PETITIONS&COMMUNICATIONS A. Speakers (1) Peggy L. Bonin Regarding Environmental Issues At 3723 8th Avenue (2) Lelo Washington/Joseph Theall Excessive Growth Of Weeds In Vista Village And Pot Holes Between H.O. Mills And Linkwood On • Houston Avenue AGENDA SEPTEMBER 29, 2015 IV. PETITIONS&COMMUNICATIONS— CONTINUED B. Presentations (1) Presentation On Gaming Ordinance/Street Crimes Division By Port Arthur Police Officer Mike Hebert (2) Presentation Regarding The Reinstatement Of Business Route Designation For US 96 (BU 96) In Port Arthur C. Employee Recognition Employee Recognition For Utility Operations Crew Stephen Jones, Darrell Jones and James Giron D. Correspondence — None V. PUBLIC HEARINGS—9:00 A.M. To Receive Public Comment As To Whether Or Not Public Convenience And Necessity Require The Operation Of The Proposed Taxi Service (Mid- County Taxi) VI. UNFINISHED BUSINESS - NONE VIE. 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. Minutes August 18, 2015 Special Executive Meeting 2 AGENDA SEPTEMBER 29, 2015 VII. CONSENT AGENDA— CONTINUED B. Resolutions — Consent (1) P.R. No. 19153 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Turf Pros Of Beaumont, Texas, For Grass Cutting Services Of Privately-Owned And City-Owned Vacant And Developed Lots In An Area Of The City Designated As Area C-1, In The Amount Of $6,500.00 To A New Total Of $46,500.00. Funding Available In Environmental Health Account No. 001-1304- 541.59-00 (2) P.R. No. 19154 — A Resolution Requesting Approval Of The Updated Title VI Program 2015-2018 As Required By The Federal Transit Administration (FTA) Regarding Policies And Procedures As Outlined In The Civil Rights Act Of 1964 (3) P.R. No. 19156 — A Resolution Accepting The Engineer's Certificate Of Substantial Completion, And Authorizing Change Order No. 1 To The Contract With L & L General Contractors And GLO Change Order No. 1, Increasing The Contract Amount By $2,000.00 For Additional Work To Complete The Port Acres WWTP Centrifuge Improvements, Project No. I21WWI, 144-1201-532.59-00 (4) P.R. No. 19160 — A Resolution Approving A Technical Assistance Agreement Between The City Of Port Arthur, Texas, The City Of Port Arthur Section 4A Economic Development Corporation And National Development Council For The Period Of October 1, 2015 Through September 30, 2016, In An Amount Not To Exceed $72,000.00; Account No. 120-1429-582.54-11 (5) P.R. No. 19161 — A Resolution Approving The Award Of A Bid By The City Of Port Arthur Section 4A Economic Development Corporation And Authorizing The Execution Of A Contract With Joey's Tractor Service For Grass Cutting Services At The Spur 93 Business Park AGENDA SEPTEMBER 29, 2015 VII. CONSENT AGENDA— CONTINUED (6) P.R. No. 19163 — A Resolution Authorizing The Chief Of Police To Issue A Taxi Business Permit To Mid-County Taxi, Owned By Ernest Michael Tarver And Located At 807 South 141/2 Street, Nederland, Texas (7) P.R. No. 19164 — A Resolution Authorizing The City Manager To Enter Into A Contract For The Purchase Of Badger Meters For The Utility Operations Department With Rural Pipe & Supply Of Jasper, Texas, With An Estimated Budgetary Impact Of $110,000.00. Funds Are Available In Account Nos. 410-1253-532.35-00 & 414-1621- 532.85-00 (8) P.R. No. 19165 — A Resolution Authorizing The City Manager To Enter Into A Contract For The Purchase Of Sensus Meters For The Utility Operations Department With Aqua Metric Sales Company Of Riverside, California, With An Estimated Budgetary Impact Of $200,000.00. Funds Are Available In Utility Operations Account Nos. 410-1253-532.35-00 & 414-1621-532.85-00 (9) P.R. No. 19166 — A Resolution Approving The Renewal Of A Contract For Legal Services With Germer PLLC By The City Of Port Arthur Section 4A Economic Development Corporation Vi. ITEMS REQUIRING INDMDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19144 — A Resolution Authorizing The City Manager To Execute Contracts Between Its Third Party Administrator (Administrative Services Only) For The City Of Port Arthur Group Medical, Dental Insurance, For Basic Life, For Basic Accidental Death And Dismemberment, And Excess Loss Indemnity With Blue Cross And Blue Shield Of Texas, Inc. Fund No. (S): 614-1701- 583.54-00 (Health Insurance Fund) 4 AGENDA SEPTEMBER 29, 2015 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.R. No. 19151 — A Resolution Appointing Members To The Construction Board Of Adjustments And Appeals B. Ordinances (1) P.O. No. 6490 — An Ordinance Amending Section 2 Of The Code Of Ordinances By Deleting Section 2-73 (A) (2) As It Pertains To Approval Of The Agenda (2) P.O. No. 6491 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting Specific Use Permit 225 (SUP #225) For 0.1791 Acre Of Land Consisting Of The W65' Of S120' Of S240' Of Lot 2, Block TR8, Procter Extension [A.K.A. 4115 3rd Street], Port Arthur, Jefferson County, Texas For The Use Of A Garage Apartment As A Second Dwelling In A Single Family 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. (Z15-05 — Norma Alvarenga) SUP #225 5 AGENDA SEPTEMBER 29, 2015 DC *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: "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 551.087 — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (ESP Structure & Piping Solutions, LLC) *The Items In Executive Session May Be Discussed And Acted On In Open Session X. ADJOURNMENT OF MEETING ************************************************************ NOTE: If The Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On September 30, 2015. 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.