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HomeMy WebLinkAboutJANUARY 26, 2016 REGULAR MEETING 8:30 A.M. DELORIS"BOBBIE"PRINCE,MAYOR BRIAN McDOUGAL KAPRINA FRANK,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: dif& SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY L.HAMILTON Ort r t h u r MORRIS ALBRIGHT VAL TREND STEPHEN A.MOSELY Te.wis CITY ATTORNEY WILLIE"BAE" LEWIS,JR. OSMAN SWATI CHARLOTTE MOSES AG E N DA City Council Regular Meeting January 26, 2016 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 January 26, 2016 8:30 A.M. 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 Moses 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 — None C. Citizen Recognition — None D. Correspondence — None AGENDA JANUARY 26, 2016 IV. PUBLIC HEARINGS — 9:00 A.M. (1) To Consider A Zoning Change From Two Family "2F" To Planned Development District — 14 "PD-14" 0.5624 Acres Of Land Consisting Of Lots 24 — 30, Block 25, Rosemont Addition (Located North Of 39th Street And South East Of 9th Avenue), City Of Port Arthur, Jefferson County, Texas (2) To Consider Z15-11 [Sup# 228] — Specific Use Permit For Val C. Taylor, Et. Al. For The Operation Of A Commercial Development In A Planned Development District — 14 (PD-14) For 0.9486 Acre Of Land Consisting Of Lot 18-30, Block 25, Griffing Rosemount Addition [Located On The Northeast Corner Of 39th Street And 9th Avenue), Port Arthur, Jefferson County, Texas V. UNFINISHED BUSINESS — 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. A. Minutes January 12, 2016 Special Meeting January 12, 2016 Special Executive Meeting January 12, 2016 Regular Meeting 2 AGENDA JANUARY 26, 2016 VI. CONSENT AGENDA— CONTINUED B. Resolutions — Consent (1) P.R. No. 19247 — 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 And Sewer System) From Construction & Maintenance Service Co., To Serve The Tractor Supply Project, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (2) P.R. No. 19258 — A Resolution Rejecting The Bids For The Construction Of A Parking Pad And Drain System For The New Transit Administration Building, And Authorizing Re-Advertisement With Revised Specifications (3) P.R. No. 19272 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release And Contractor's Certificate Of Guarantee For The 5th Street Paving And Drainage Improvements Project And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas, And Approval Of Final Payment In The Amount Of $97,024.69; GLO Round 2.1 Program, Project No. 12110T, Account No. 144-1201-532.59-00 (4) P.R. No. 19277 — A Resolution Authorizing First Renewal Of The Contract With Southeast Texas Building Services Of Nederland, Texas, For Janitorial Services At 501 Procter With A Projected Budgetary Impact Of $20,160.00 (5) P.R. No. 19278 — A Resolution Approving The First Renewal Of An Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And S&S Investigations And Security For Security Guard Services To Serve The Spur 93 Business Park 3 AGENDA JANUARY 26, 2016 VI. CONSENT AGENDA— CONTINUED (6) P.R. No. 19281 — A Resolution Approving A Change Order No. 1 As It Pertains To A Six Month Extension To The Contract With Allco, Inc., For Construction Of Site Grading To Serve The Port Arthur Spur 93 Business Park As Approved By The City Of Port Arthur Section 4A Economic Development Corporation (7) P.R. No. 19285 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $5,578.63 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To Police Vehicle #1796 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19282 — A Resolution Adopting Public Agency Services (PARS) Post-Retirement Health Care Plan Trust, And Appointing The City Manager As The City's Plan Administrator (2) P.R. No. 19288 — A Resolution As It Pertains To Authorizing The City Manager Of The City Of Port Arthur To Execute A Tax Abatement Agreement With Seahawk Landing, LLC B. Ordinances (1) P.O. No. 6516 — An Ordinance Closing To Vehicular Traffic The Alley Behind The Port Arthur Transit Terminal (322 Procter) And The Administration Building (344 Procter) And Providing For The Effective Date Of This Ordinance (2) P.O. No. 6518 — An Ordinance Amending Section 86-114 (Commercial Refuse) Of The Code Of Ordinances, City Of Port Arthur, Texas, By Increasing The Commercial Container Service Rates By Twenty Five Percent; And Providing For An Effective Date 4 AGENDA JANUARY 26, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.O. No. 6520 — An Ordinance Granting An Abandonment Of A Seventy Feet (70') Wide Portion Of The New Orleans Avenue, Street Right-Of-Way Located Between Procter Street And Fifth Street In Port Arthur, Jefferson County, Texas, And Depicted On The Display And Providing The Effective Date Of This Ordinance (A15-04 — Lamar State College — Port Arthur) (4) P.O. No. 6521 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting Specific Use Permit 226 (SUP #226) 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, For The Operation Of A Beauty Salon In A Two 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 [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date (Z15-08 — Christopher And Leora Jones) SUP #226 5 AGENDA JANUARY 26, 2016 VIII. *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 551.071 Government Code — To Discuss With The City Attorney Potential Litigation With 9th Avenue Station Apartments (2) Section 551.072 Government Code — To Discuss The Value Of The Land Located In The 600 Block Of Procter Street (Sabine Hotel) (3) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (4) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (ETJ) (5) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Seahawk Landing, LLC) 6 AGENDA JANUARY 26, 2016 IX. 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 January 27, 2016. 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 ************************************************************ I 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.