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HomeMy WebLinkAboutFEBRUARY 9, 2016 5:30 PM DELORIS"BOBBIE"PRINCE,MAYORen�.g. BRIAN McDOUGAL KAPRINA FRANK,MAYOR PRO TEM City of CITY MANAGER \ COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY loc TIFFANY L. HAMILTON Ort rthur MORRIS ALBRIGHT VAL TREND STEPHEN A.MOSELY Texas CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWAT! CHARLOTTE MOSES AG E N DA City Council Regular Meeting February 9, 2016 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. P.O BOX 1089•PORT ARTHUR,TEXAS 77641-1089 •409/983-8115 •FAX 409/983-8128• www.portarthur.net City Council Meeting City Hall Council Chamber City Of Port Arthur February 9, 2016 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 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 (1) Ms. Mildred Hayes, Author, Introducing Her Children's Book, "The Color Wees" B. Presentations (1) Christopher Breaux, Engagement Partner, Whitley Penn LLC, Regarding The City's Comprehensive Annual Financial Report FYE 2014 And Letter To Management On Internal Control i AGENDA FEBRUARY 9, 2016 III. PETITIONS & COMMUNICATIONS — CONTINUED (2) Fay Young, CGCIO, Information Technology Manager, Regarding Smoke Alarms Distribution (3) Sherri Bellard, TRMC, City Secretary, Regarding The Cost Of The 2008 Runoff Election For Positions 7 And 8. (Requested By Councilmember Lewis) C. Employee Recognition — None D. Correspondence — None IV. PUBLIC HEARING — 6:00 P.M. — NONE V. UNFINISHED BUSINESS The Following Items Of Business Were Held From The Previous Meeting At Which No Action Was Taken On These Items: (1) 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 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. AGENDA FEBRUARY 9, 2016 VI. CONSENT AGENDA — CONTINUED A. Expense Reports (Al) Mayor Deloris Prince: The United States Conference Of Mayors Washington, D.C. January 19 - 22, 2016 $2,281.00 B. Resolutions — Consent (1) P.R. No. 18834 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And PM Construction & Rehab LLC, Of Pasadena, Texas, For Sanitary Sewer Rehabilitation By Pipe Bursting Methods At Brinkman Drive In The Amount Of $85,890.00. Account No. 427-1626-532.85-00 (2) P.R. No. 19040 — A Resolution Authorizing The Purchase Of Nine (9) Dump Trucks From Chastang Ford Of Houston, Texas, Under H- GAC Contract No. HT 06-14, For The Public Works Department Streets And Drainage Divisions In The Amount Of $677,494.00. Funding Available In Account Number 625-1801-515.93-00, Project Number FH1601 (3) P.R. No. 19273 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Excavation & Construction, LLC, Of Nederland, Texas, For The South Hwy 87 6" Waterline Replacement From South 15th Avenue To Westward 6300 LF, In The Amount Of $296,103.26 Account No. 419-1622-531.85-00 (4) P.R. No. 19275 — A Resolution Authorizing The Purchase Of Various Sanitary Sewer Pumps For The Utility Operations Department From Pump & Power Equipment LLC, Of Houston, Texas, With A Projected Budgetary Impact Of $28,337.00. Funds Are Available In Account No. 410-1255-532.92-00 AGENDA FEBRUARY 9, 2016 VI. CONSENT AGENDA — CONTINUED (5) P.R. No. 19289 — A Resolution Authorizing The Execution Of A Three (3) Year Contract For Contract Laboratory Services For The Wastewater Treatment Plants With KAP Technologies, Inc., Of The Woodlands, Texas, With An Estimated Budgetary Impact Of $26,512.00 Per Year, Funds Are Available In Account No. 410- 1256-532.54-00 (6) P.R. No. 19290 — A Resolution Authorizing The City Manager To Make Application For Fiscal Year 2016 State Homeland Security Program-Law Enforcement Terrorism Prevention (SHSP-LETP) Funding (7) P.R. No. 19291 — A Resolution Authorizing The City Manager To Execute Change Order No. 4 To The Contract Between The City Of Port Arthur And BDS Constructors, LLC DBA MK Constructors For The Roadway Rehabilitation & Drainage Improvements Along 9th Street Decreasing The Contract Amount By $2,247.81 To A New Amount Of $769,430.49, GLO Round 2.1 Program, Project No. I2119, Account No. 144-1201-532.59-00 (8) P.R. No. 19292 — A Resolution Authorizing A Non-Exclusive Contract With JBS Packing, Inc., As To Provide Services, Supplies, Or Trucks In The Case Of An Emergency Or Disaster, With The Term Of The Agreement From March 6, 2016 To March 5, 2018 (9) P.R. No. 19293 — A Resolution Cancelling The March 8, 2016 Regularly Scheduled Council Meeting (10) P.R. No. 19296 — A Resolution Authorizing The City Manager To Enter Into An Interlocal Agreement Between The City Of Port Arthur, Texas, And Jefferson County Drainage District No. 7, Relating To The City Of Port Arthur's Downtown Tax Increment Reinvestment Zone No. 1 (11) P.R. No. 19297 — A Resolution Authorizing The City Manager To Enter Into An Interlocal Agreement Between The City Of Port Arthur, Texas, And Sabine-Neches Navigation District, Relating To The City Of Port Arthur's Downtown Tax Increment Reinvestment Zone No. 1 4 IAGENDA FEBRUARY 9, 2016 VI. CONSENT AGENDA — CONTINUED (12) P.R. No. 19298 — A Resolution Authorizing The City Manager To Complete The Application Process For The City Of Port Arthur To Be Designated As A Housing And Urban Development (HUD) Promise Zone For The Purpose Of Partnering With The Federal Government To Create Jobs, Leverage Private Investment, Increase Economic Activity, Expand Educational Activities, And Reduce Crime (13) P.R. No. 19299 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (14) P.R. No. 19300 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 To The Contract For Phase III Of A Performance Contracting Agreement Between The City Of Port Arthur And Siemens Industry, Inc., Building Technologies Division, For Time Extension Of 90 Days, Due To Delays, To A New Contract Term of 540 Days, With A New Contract Completion Date Of May 05, 2016 (15) P.R. No. 19301 — A Resolution Accepting The Street And Drainage System Improvements On Collins Avenue From Highway 365 Southward Approximately 475 Feet, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (16) P.R. No. 19303 — A Resolution Calling For A Public Hearing To Consider A Zoning Change From Single Family To Neighborhood Services For Approximately 0.2009 Acre Of Land Consisting Of All Of Lot 5, Block 19, Beachway Addition, City Of Port Arthur, Jefferson County, Texas (17) P.R. No. 19304 — A Resolution Calling For A Public Hearing To Consider A Proposed Abandonment For 0.0074 Acre Of Land Consisting Of A 2.5' X 114' Portion Of The 7.5' X 114' Utility Easement Located On Lot 11, Block 31, Lakeside Park Unit 4, City Of Port Arthur, Jefferson County, Texas AGENDA FEBRUARY 9, 2016 VI. CONSENT AGENDA — CONTINUED (18) P.R. No. 19305 — A Resolution Authorizing The Purchase Of Various Pumps For The Utility Operations Department From Pump & Power Equipment LLC, Of Houston, Texas, With A Projected Budgetary Impact Of $229,444.00. Funds Are Available In Account Nos. 410- 1255-532.92-00 And 410-1256-532.92-00 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19274 — A Resolution Designating The Early Voting Ballot Board, Judges And Alternate Judges, Election Day Presiding Judges And Alternate Judges, As Well As Appointing The Spanish And Vietnamese Interpreters, The Presiding Judge, Alternate Judge, Tabulation Supervisor, Ballot Production Specialist, Counting Station Manager And Election Records General Custodian Of The Central Counting Station For The April 2, 2016 Special Election Una Resolucion Designando La Junta De Votacion Anticipada De Votos, Jueces Y Jueces Suplentes, Jueces Que Presidiran El Dia De Eleccion Y Jueces Suplentes, Asi Como El Nombramiento De Los Interpretes de Espanol Y Vietnamita, El Juez Que Presidira, Juez Suplente, Supervisor De Tabulacion, Especialista De Produccion De Papeleta, Gerente De La Estacion De Contado y Custodio De La Eleccion General De Registros De La Estacion Central De Conten Para La Eleccion Especial En El 2 De Abril, De 2016 (2) P.R. No. 19276 — A Resolution Authorizing The City Manager To Negotiate A Contract With BKD, LLP, Of Houston, Texas, For The Forensic Audit Of The City Of Port Arthur. Funds Are Available In Account No. 001-1402-551.32-00 (3) P.R. No. 19306 — A Resolution Appointing Member(s) To The Zoning Board Of Adjustment (Requested By Councilmember Lewis, Scott And Mosely) 6 AGENDA FEBRUARY 9, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances (1) P.O. No. 6519 — An Ordinance Providing For The Conduct Of A General Election On May 7, 2016, For The Purpose Of Electing A Mayor, In The City Of Port Arthur, Texas; And Providing For A Joint Election With The Port Arthur Independent School District, The Port Of Port Arthur Navigation District, The Sabine Pass Independent School District, And The Sabine Pass Port Authority, In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice Una Ordenanza Que Preve Para Dirigir Una Eleccion General El 7 De Mayo de 2016, Con El Proposito De Elegir A Un Alcalde, En La Ciudad De Port Arthur, Texas; Y Para Dirigir Una Eleccion Conjunta Con El Distrito Independiente Escolar De Port Arthur, El Puerto Del Distrito De Navegacion De Port Arthur, El Distrito Escolar Independiente de Sabine Pass, Y La Autoridad Del Puerto De Sabine Pass, De Acuerdo Con El Capitulo 271 Del Codigo De Elecciones De Texas, Y Proveer La Publicacion Como Anuncio De La Eleccion (2) P.O. No. 6522 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning From Two Family (2F) To Planned Development District — 14 (PD-14) For Approximately 0.5624 Acre Of Land Consisting Of All Of Lots 24 Through 30, Block 25, Rosemont Addition, City Of Port Arthur, Jefferson County, Texas, (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Chapter 1, Section 1-13 Of The Code Of Ordinances, As Amended, By A 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. Z15-10 — Val C. Taylor, ET. AL. Two Family (2F) To Planned Development District — 14 (PD-14) AGENDA FEBRUARY 9, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.O. No. 6523 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting Specific Use Permit 228 (SUP #228) For 0.9486 Acre Of Land Consisting Of Lots 18-30, Block 25, Rosemont Addition, Port Arthur, Jefferson County, Texas, For The Development Of A Department, Variety, Or Discount Store In The Planned Development District — 14 (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- 11 — Val C. Taylor, ET. AL.) SUP #228 (4) P.O. No. 6526 — An Ordinance Authorizing A Special Warranty Deed For Conveyance Of Property To A Low Or Moderate Income Resident Of The City Who Is Participating In The Hurricane Ike Housing Reconstruction Program Though The Texas Department Of Housing & Community Affairs (TDHCA) (5) P.O. No. 6527 — An Ordinance Providing For The Conduct Of A Special Election On May 7, 2016, To Submit A Proposition As To Whether Or Not The City Charter Shall Be Amended In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice (Requested By Councilmember Lewis) (6) P.O. No. 6528 — An Ordinance Amending Ordinance No. 15-57, Which Amended Section 25-100 Of The Code Of Ordinances- Zoning, And The Appointment Of Members To The Zoning Board Of Adjustments (Requested By Councilmembers Mosely, Lewis And Scott) 8 AGENDA FEBRUARY 9, 2016 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 February 10, 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 *************************************************** 9 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.