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HomeMy WebLinkAboutDECEMBER 8, 2015 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYOR �'� BRIAN McDOUGAL KAPRINA FRANK,MAYOR PRO TEM City of G, CITY MANAGER COUNCIL MEMBERS: ' SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY L.HAMILTON ort r t h u r MORRIS ALBRIGHT Ta'as VAL TIZENO STEPHEN A.MOSELY CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI DERRICK FREEMAN AG E N DA City Council Regular Meeting December 8, 2015 5:3o 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 8, 2015 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. 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. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers — None B. Presentations (1) Willie Keith White, Downtown Renovation Control Of The Hotel Sabine And New Financial Infrastructure Along With New Business For Downtown Port Arthur C. Employee Recognition — None D. Correspondence — None AGENDA DECEMBER 8, 2015 IV. PUBLIC HEARING — 6:00 P.M. (1) To Receive Public Comment Regarding Z15-08 [SUP# 226] — 1 Specific Use Permit For Christopher And Leora Jones For The Operation Of A Beauty Salon In A Two Family Zoned District For 0.1492 Acre Of Land Consisting Of Lot 12, Block 17, Pear Ridge [A.K.A. 3025 7th Avenue], Port Arthur, Jefferson County, Texas (2) To Receive Public Comment Regarding Z15-09 [Sup# 227] — Specific Use Permit For William And Rhonda Perez For The Operation Of A Bed And Breakfast In A Single Family Zoned District For 0.2583 Acre Of Land Consisting Of Lot 11, Block 62, Griffing Residential Park [A.K.A. 4621 Evergreen Drive], Port Arthur, Jefferson County, Texas (3) To Receive Public Comment Regarding Amending The Boundary Of Tax Increment Reinvestment Zone Number One (Resolution No. 12-75). This Amendment Will Slightly Reduce The Boundaries Of The TIRZ. The Modification Is Necessary In Order To Remove Certain Property Owned By Lamar State College Port Arthur, Which Will Be Used For Future Development Of The Property V. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: 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. 2 AGENDA DECEMBER 8, 2015 VI. CONSENT AGENDA — CONTINUED A. Minutes November 10, 2015 Special Executive Meeting November 10, 2015 Regular Meeting November 24, 2015 Regular Meeting B. Resolutions — Consent (1) P.R. No. 19137 — A Resolution Authorizing The City Manager To Execute Change Order No. 05 To The Contract Between The City Of Port Arthur And Excavators And Constructors, LTD., Of Port Arthur, Texas, And G.L.O., For The Storm Sewer Improvements Along 5th Street Project Decreasing The Contract Amount By $51,349.39 To A New Contact Amount Of $1,940,493.86. GLO Round 2.1 Program, Project No. I215th, Account# 144-1201- 532.59-00 (2) P.R. No. 19168 — A Resolution Calling For A Public Hearing To Consider A Proposed Abandonment For A 0.4821 Acre Of Land Consisting Of A Portion Of The New Orleans Avenue Right-Of-Way Located Between 5th Street And Procter Street, City Of Port Arthur, Jefferson County, Texas. A15-04 (LSC-PA) (3) P.R. No. 19213 — A Resolution Authorizing The Purchase Of A Commercial Container Garbage Truck From Grande Truck Center Of San Antonio, Texas, Through H-GAC Cooperative Purchasing Program In The Amount Of $140,034.00 And 28 Cubic Yard Front Loader From Heil Of Texas Of Houston, Texas, Through Buyboard Cooperative Purchasing Program In The Amount Of $118,595.00 For Total Cost Of $258,629.00; Funds Are Available In The Public Works Solid Waste Division Equipment Account No. 403-1272- 533.92-00 (4) P.R. No. 19218 — A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur And Jerry Dale To Provide Temporary Contract Services For The City's Finance Department 3 AGENDA DECEMBER 8, 2015 VI. CONSENT AGENDA — CONTINUED (5) P.R. No. 19229 — A Resolution Calling For A Public Hearing To Consider A Fare Increase For Fixed-Route And Paratransit Bus Service (6) P.R. No. 19230 — A Resolution Authorizing Acceptance Of Engineer's Certificates Of Completion, Contractor's Certificate And Release, And Contractor's Certificates Of Guarantee For The Completion Of Public Improvements (Water System) From Warwick Construction, Inc., To Serve The Stripes Convenience Store And Gas Station Project, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (7) P.R. No. 19232 — A Resolution Authorizing The City Manager To Execute A Two (2) Year Contract With Webb Professional Janitorial Of Port Arthur, Texas, For Janitorial Services At The Transit Administration Building, Transit Service, And The Transit Terminal, With An Estimated Budgetary Impact Of $28,800.00. Funding Available In Account No. 401-1501-561.59-00 (8) P.R. No. 19233 — A Resolution Calling For A Public Hearing To Consider A Zoning Change From Two Family To Planned Development District — 14 For Approximately 0.5624 Acre Of Land, Consisting Of All Lots 24-30, Block 25, Rosemont Addition, City Of Port Arthur, Jefferson County, Texas (9) P.R. No. 19234 — A Resolution Authorizing The City Manager To Execute The Second Year (1St Renewal) Of The Contracts With J. M. Kaufman And Redwine Enterprises, Of Port Arthur, Texas, And Mid County Materials & Construction Of Nederland, Texas, For The Hauling Of Materials With The Option Of Renewal For One Additional Year With Prices Being Adjusted According To The Transportation Consumer Price Index, With A Projected Budgetary Impact Of $950,000.00 Per Year. Funding Available Landfill Construction Account 403-1274-533.59-02 4 AGENDA DECEMBER 8, 2015 VI. CONSENT AGENDA— CONTINUED (10) P.R. No. 19236 — A Resolution Calling For A Public Hearing To Consider Granting A Specific Use Permit For 0.9486 Acre Of Land, Consisting Of Lots 18 Thru 30, Block 25, Rosemont Addition, Port Arthur, Jefferson County, Texas, For Commercial Development Z15- 11 [SUP# 228] (11) P.R. No. 19237 — A Resolution Authorizing The City Manager To Execute An Agreement Extension For Independent Professional Services Between The City Of Port Arthur And Hassan Shomalzadeh, P.E. To Provide Temporary Contract Services For The City's Engineering Department (12) P.R. No. 19238 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (13) P.R. No. 19239 — A Resolution Authorizing The City Manager To Enter Into A Contract With Jelco Of Austin, Texas, For Replacement Of The Damaged Gym Floor At The Amos Evans Building Using Buyboard Contract. Funds Are Available In Account No. 001-1402- 551.32-00 (14) P.R. No. 19240 — A Resolution Cancelling The December 22, 2015 Regularly Scheduled Council Meeting VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19241 — A Resolution Reconsidering The Approval Of An Operation Downtown Grant To Hilton Kelley For The Renovation Of Property Located At 600 Austin Avenue, Port Arthur, Texas, (Requested By Councilmember Lewis) 5 AGENDA DECEMBER 8, 2015 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances (1) P.O. No. 6476 — An Ordinance Reducing The Boundaries Of Tax Increment Reinvestment Zone Number One (TIRZ No. 1) (Downtown TIF), City Of Port Arthur, Texas; And Containing Other Matters Related To TIRZ No. 1 (Downtown TIF) (2) P.O. No. 6498 — An Ordinance Amending Chapter 78 (Personnel), Division V (Attendance And Leave), Section 78-184(A) (Holidays) Of The Code Of Ordinances Of The City Of Port Arthur, Texas, By Adding Veterans Day As A Paid Holiday (3) P.O. No. 6500 — An Ordinance Amending Section 25-100 Of The Code Of Ordinances — Zoning, As It Pertains To The Appointment Of Members To The Zoning Board Of Adjustments (Requested By Councilmember Mosely) (4) P.O. No. 6501 — An Ordinance Amending Section 2-75 (A) Of The Code Of Ordinances As It Pertains To Persons Addressing Council By Adding A Subsection That Addresses Presentations (Requested By Councilmember Swati) (5) P.O. No. 6502 — An Ordinance Granting An Abandonment Of A Portion Of Taft Avenue Right-Of-Way In Port Arthur, Jefferson County, Texas, And Depicted On The Display And Providing The Effective Date Of This Ordinance (A15-01 — KCS Railway Company) (6) P.O. No. 6503 — An Ordinance Granting An Abandonment Of A Twenty Feet (20') Wide Utility Easement Located Within Tracts 1-A And 1-B, Block 12, Town Of Griffing, In Port Arthur, Jefferson County, Texas, And Depicted On The Display And Providing The Effective Date Of This Ordinance (A15-02 — The Hughen Center, Inc.) AGENDA DECEMBER 8, 2015 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (7) P.O. No. 6504 — An Ordinance Granting An Abandonment Of A Sixty Feet (60') Wide Portion Of The 17th Street Right-Of-Way And A Twenty Feet (20') Wide Alley Right Of Way Located Between Gulfway Drive [A.K.A. S.H. 87] And Dryden Road Extension, West Of 9th Avenue In Port Arthur, Jefferson County, Texas, And Depicted On The Display And Providing The Effective Date Of This Ordinance (A15-03 — Magna Properties, LTD) (8) P.O. No. 6507 — An Ordinance Authorizing A Special Warranty Deed For Conveyance Of Property To Low And Moderate Income Resident Of The City Who Is Participating In The Hurricane Ike Housing Reconstruction Program Through The Texas Department Of Housing & Community Affairs (TDHCA) (9) P.O. No. 6508 — An Ordinance Of The City Of Port Arthur, Texas, Approving The Texas Gas Service Company's Request That The Operation Of The Texas Gas Service Company's Gas Reliability Infrastructure Program ("GRIP") Rates Be Suspended Because A Rate Case Will Be Filed With The City Later This Year; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject (10) P.O. No. 6509 — An Ordinance Designating A Tax Abatement Reinvestment Zone For The Downtown Reinvestment Zone No. 1 / Lamar State College Area VIII. 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 December 9, 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 *************************************************** 7 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.