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Home My WebLink AboutFEBRUARY 23, 2016 8:30 AM DELORIS"BOBBIE"PRINCE,MAYOR BRIAN McDOUGAL KAPRINA FRANK,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: .i SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY L.HAMILTON ort r t h u r MORRIS ALBRIGHT VAL TIZENO STEPHEN A.MOSELY 7i' a CITY ATTORNEY WILLIE"BAE" LEWIS,JR. OSMAN SWATI CHARLOTTE MOSES AG E N DA City Council Regular Meeting February 23, 2016 8:30 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 February 23, 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 (1) Annual Crime Report C. Citizen Recognition — None D. Correspondence — None i AGENDA FEBRUARY 23, 2016 IV. PUBLIC HEARINGS — 9:00 A.M. (1) To Consider 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 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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 February 02, 2016 Special Meeting February 09, 2016 Regular Meeting February 09, 2016 Special Executive Meeting February 09, 2016 Special/Joint Meeting February 16, 2016 Special Meeting B. Expense Reports (B1) Judge Kermit C. Morrison, Jr.: TMCEC Annual Regional Judges Seminar Galveston, TX February 7 - 9, 2016 $376.86 (B2) Mayor Deloris Prince: South East Texas Regional Planning Commission Meeting Beaumont, TX February 17, 2016 $26.65 AGENDA FEBRUARY 23, 2016 VI. CONSENT AGENDA — CONTINUED C. Resolutions — Consent (1) P.R. No. 19142 — A Resolution Authorizing The City Manager To Execute A Contract Between The City And Imani Quality Concepts, LLC, Of Beaumont, Texas, For Site Preparation And Reconstruction Of Four (4) Homes In The Amount Of $396,355.55. Account Number 108-2141-626.59-00, Project #HE1402, And 105-1431- 552.59-00 Project #C40115 (2) P.R. No. 19152 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $30,620.72 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To Police Vehicle #2045 (3) P.R. No. 19187 — A Resolution Authorizing The Purchase Of Six (6) 2016 Ford F-150 Police Vehicles From Silsbee Ford, Silsbee, Texas, Through HGAC Cooperative Purchasing Program In The Total Amount Of $130,119.55; Funding For This Purchase Is Available In Account No. 625-1801-521.93-00 (4) P.R. No. 19308 — A Resolution Authorizing The City Manager To Execute A Contract With Casco Industries Of Houston, Texas, For Firefighting Protective Coats And Trousers With A Projected Budgetary Impact Of $55,875.00. Funding From Account #001- 1121-522.26-00 (5) P.R. No. 19311 — A Resolution Authorizing The City Manager To Execute Settlement Of The Property Damage Claim In The Amount Of $6,118.11 Made Against Balsas Directional Drilling, LLC, As A Result Of Property Damage To A City Water Line (2450 South Gulfway Drive) (6) P.R. No. 19312 — A Resolution In Support Of The City Of Port Arthur's Cultural Diversity By Sponsoring An Annual International Festival (Requested By Councilmember Hamilton And Moses) (7) P.R. No. 19313 — A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts IAGENDA FEBRUARY 23, 2016 VI. CONSENT AGENDA — CONTINUED (8) P.R. No. 19314 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 To The Contract Between The City Of Port Arthur And Allco, L.L.C., Of Beaumont, Texas, For Project 4, Phase I Surface Water Treatment Plant Improvements, In An Amount Of $186,301.64, Increasing The Contract Amount To $12,604,187.64, And The Contract Time By 56 Days For Weather Delays And To Provide Additional Materials And Install Additional Equipment, To A New Contract Date Of April 15, 2017, Account No. 429-1258-532.59-00, Project No. WSI008 (9) P.R. No. 19316 — A Resolution Calling A Public Hearing To Consider Prohibiting Smoking In Public Places In The City Of Port Arthur (Requested By Councilmember Hamilton) VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19283 — A Resolution Authorizing The City Manager To Execute An Amendment To The Professional Service Contract Between The City Of Port Arthur And Arceneaux Wilson & Cole LLC, Of Port Arthur, Texas, For Construction Phase Services Of An Elevated Storage Tank, Increasing The Term Of The Contract By 270 Days, With A New Completion Date To November 4, 2017, And Increasing The Contract Price By $560,000.00, To A New Total Amount Of $1,400,000.00; Account No. 429-1258-532.59-00 (2) P.R. No. 19295 — A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And Landmark Structures I, LP Of Fort Worth, Texas, For The Construction Of The Terminal Road Elevated Water Storage Tank And Pump Station, In The Amount Of $7,564,000.00; Account No. 429-1258-532.59-00, Project No. WSI011 (3) P.R. No. 19310 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Planning And Zoning Commission 4 AGENDA FEBRUARY 23, 2016 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (4) P.R. No. 19315 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Mayor Prince) B. Ordinances (1) P.O. No. 6524 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting Specific Use Permit 227 (SUP #227) 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, For The Use Of A Bed And Breakfast, Private Home 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 A 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. (Z15-09 — William And Rhonda Perez) SUP #227 (2) P.O. No. 6534 — 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 Through The Texas Department Of Housing & Community Affairs (TDHCA) 5 AGENDA FEBRUARY 23, 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 John Hall Public Affairs (2) Section 551.071 Government Code — Attorney Consultation To Provide Advice And Counsel In Connection With The City's Rights, Duties, Privileges, And Obligations In Connection With Pending Litigation And Negotiations With The Port Arthur Police Association (3) Section 551.072 Government Code — To Discuss The Value Of Land At 441 Austin Avenue (4) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The Chief of Police (5) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Manager (6) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Secretary 6 AGENDA FEBRUARY 23, 2016 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (7) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Attorney 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 February 24, 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 ************************************************************ 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. S. 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.