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Home My WebLink AboutPOST 09-05-2017 REGULAR MEETING POST AGENDA REPORT Special City Council Meeting City Hall Council Chamber City Of Port Arthur September 5, 2017 10:00 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tern Jones Councilmember Scott, Jr. Councilmember Kinlaw, III Councilmember Doucet, Sr. Councilmember Lewis, Jr. Councilmember Swati Councilmember Moses Councilmember Frank City Manager McDougal City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Melvin Or Designee II. UNFINISHED BUSINESS — TABLED FROM AUGUST 29, 2017 REGULAR CITY COUNCIL MEETING A. PROCLAMATIONS Proclamations B. PETITIONS & COMMUNICATIONS B1. Speakers (1) Jeremy Squiers Regarding Saving Lives Within The City Of Port Arthur i AGENDA SEPTEMBER 5, 2017 B. PETITIONS & COMMUNICATIONS (CONTINUED) B2. Presentations (1) A Presentation By Harriet Mitchell, Director Of Outpatient And Prevention Program For The South East Texas Council On Alcohol And Drug Abuse Regarding Social Hosting (2) A Presentation By Kandace M. Tappen, Assistant City Manager And Ronald McElhose, Transit Manager Regarding The Transit Team Mercer Report B3. Employee Recognition — None B4. Correspondence — None B5. Discussion — None C. PUBLIC HEARINGS — 9:00 A.M. — None D. UNFINISHED BUSINESS Upon the motion of Mayor Freeman, seconded by Councilmember Moses and carried the following agenda items were removed from the agenda: P.R. No. 19777 P.R. No. 19786 P.R. No. 19787 P.R. No. 19776 P.R. No. 19778 P.R. No. 19779 P.R. No. 19780 P.R. No. 19781 P.R. No. 19782 P.R. No. 19783 P.R. No. 19784 P.R. No. 19785 Voting Yes: 7 Voting No. 0 W/O: OS & KF AGENDA SEPTEMBER 5, 2017 E. 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. Motion: WL Second: RS Voting Yes: 7 Voting No: 0 W/O: OS & KF ADOPTED El. Expense Report (1) Mayor Derrick Freeman: To Testify At Senate Bill 6 Hearing Austin, TX July 30-31, 2017 $579.65 (2) Councilmember Harold Doucet: Newly Elected Officials Orientation San Antonio, TX August 2-4, 2017 $1,140.93 (3) City Manager Brian McDougal: Senate Committee Hearing On Annexation Austin, TX July 22-24, 2017 $825.58 (4) City Secretary Sherri Bellard: Texas Municipal Clerks — Legislative Update Seminar San Marcus, TX August 16-18, 2017 $1,008.27 AGENDA SEPTEMBER 5, 2017 E. CONSENT AGENDA — CONTINUED E2. Resolutions — Consent (1) P.R. No. 19777 — A Resolution Authorizing One (1) Year Contracts Between The City Of Port Arthur And (6) Vendors: (1) Affordable Lawn Care Of Port Arthur, Texas; (2) Bladerunners Of Beaumont, Texas; (3) DMJ Landscaping Of Port Arthur, Texas; (4) K&D Affordable Lawn Service Of Port Arthur, Texas; (5) Newcost Company Of Port Arthur, Texas; And (6) South East Texas Lawn & Maintenance Of Beaumont, Texas For Grass Mowing Services Of Privately-Owned And City-Owned Vacant Lots In An Area Of The City Designated As Area A. Funds Are Available In General Fund Account Number 001-1304-541.59-00 (REMOVED) (2) P.R. No. 19786 — A Resolution Authorizing The City Manager To Reject The Bids For Area F (Bid No. P19-786) For The Mowing Of Privately Owned And City Owned Developed Lots In The City Of Port Arthur (REMOVED) (3) P.R. No. 19787 — A Resolution Authorizing The City Manager To Reject The Bids For Area F (Bid No. P19-787) For The Mowing Of Privately Owned And City Owned Vacant Lots In The City Of Port Arthur (REMOVED) (4) P.R. No. 19845 — A Resolution Authorizing The City To Purchase A Litter Vacuum For Parks & Recreation From Tennant Sales And Service Company Of Minneapolis, Minnesota, In The Amount Of $38,442.80. Funding Available In Account Number 001-1207- 531.92-00 Motion: HD Second: WL Voting Yes: 7 Voting No: 0 W/O: OS & KF ADOPTED Resolution No. 17-224 4 AGENDA SEPTEMBER 5, 2017 E. CONSENT AGENDA — CONTINUED (5) P.R. No. 19873 — A Resolution Authorizing The City Manager To Execute Amendment No. 4 To The Neighborhood Stabilization Program 1 Program Income, ("NSP1-PI") Reservation System Participation Agreement No. 77090003154 To Provide For The Continuation Of Reimbursements Of Eligible Expenses And Close On Remaining Land Bank Properties Under The Existing Neighborhood Stabilization Program 1 Contract Number 77090000154 Motion: HD Second: WL Voting Yes: 7 Voting No: 0 W/O: OS & KF ADOPTED Resolution No. 17-225 (6) P.R. No. 19881 — A Resolution Accepting A Drainage Easement From Magna Properties Tri-Con, Inc. At The Proposed Convenient Store Located At 3649 Gulfway Drive Resolution No. 17-219 (7) P.R. No. 19884 — A Resolution Rescinding Resolution No. 17-170 In Its Entirety As It Pertains To The Homeowner Written Agreement For The Assumption Of The Property Located At 1938 Thomas `. Boulevard, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program Motion to Remove: HD Second: WL Voting Yes: 7 Voting No: 0 W/O: OS & KF REMOVED 5 AGENDA SEPTEMBER 5, 2017 E. CONSENT AGENDA — CONTINUED (8) P.R. No. 19885 — A Resolution Authorizing The City Manager To Enter Into A Professional Services Agreement With Action Civil Engineers, PLLC Of Port Arthur, Texas, For Design And Construction Phase Services For The Emergency Replacement Of The 12" Sewer Trunk Main And Manholes On Jade Avenue Between Hwy 365 And 63rd Street, With A Projected Budgetary Impact Of $62,750.00, Funding Available In Water And Sewer/Sewer System Account Number 410-1255-532.83-00 Resolution No. 17-220 (9) P.R. No. 19886 — A Resolution Authorizing The Execution Of An Interlocal Agreement Between The City Of Port Arthur And Jefferson County, Texas, For Road Repairs, Shrubbery And Weed Control On Pleasure Island Resolution No. 17-221 (10) P.R. No. 19889 — A Resolution Authorizing The City Manager To Enter Into An Inter-Local Agreement Between Jefferson County And City Of Beaumont For The 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) And Receive Funding In The Amount Of $26,391.00 Resolution No. 17-222 (11) P.R. No. 19890 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 Between The City Of Port Arthur And Allco, LLC Of Beaumont, Texas, For The Port Acres Wastewater Treatment Plant Rehabilitation Project, Decreasing The Contract Amount By $164,456.32 To A New Contract Total Of $2,521,727.43 Resolution No. 17-223 6 AGENDA SEPTEMBER 5, 2017 F. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT Fl. Resolutions — Non-Consent (1) P.R. No. 19776 — A Resolution Authorizing One (1) Year Contracts Between The City Of Port Arthur And (5) Vendors: (1) Derrick & Noah Lawn Service Of Port Arthur, Texas (2) K & D Affordable Lawn Service Of Port Arthur, Texas (3) Newcost Company Of Port Arthur, Texas; (4) RJD Lawn Service Of Port Arthur, Texas; And (5) South East Texas Lawn & Maintenance Of Beaumont, Texas For Grass Mowing Services Of Privately-Owned And City-Owned Developed Lots In An Area Of The City Designated As Area A. Funds Are Available In General Fund Account Number 001-1304- 541.59-00 (REMOVED) (2) P.R. No. 19778 — A Resolution Authorizing One (1) Year Contracts Between The City Of Port Arthur And Six (6) Vendors (1) Bladerunners Of Beaumont, Texas; (2) Derrick & Noah Of Port Arthur, Texas; (3) K & D Affordable Lawn Service Of Port Arthur, Texas; (4) Newcost Company Of Port Arthur, Texas; (5) RDJ Lawn Services Of Port Arthur, Texas; And (6) South East Texas Lawn & Maintenance Of Beaumont, Texas For Grass Mowing Services Of Privately-Owned And City-Owned Developed Lots In An Area Of The City Designated As Area B. Funds Are Available In General Fund Account Number 001-1304-541.59-00 (REMOVED) AGENDA SEPTEMBER 5, 2017 F. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.R. No. 19779 — A Resolution Authorizing One (1) Year Contracts Between The City Of Port Arthur And Fourteen (14) Vendors: (1) Bladerunners Of Beaumont, Texas; (2) Dee Rite Of Port Arthur, Texas; (3) DMJ Landscaping, Port Arthur, Texas; (4) Derrick & Noah Of Port Arthur, Texas; (5) Eduardo T.O. Landscaping Of Groves, Texas; (6) F & L Unlimited Of Port Arthur, Texas; (7) J L Handyman Of Port Arthur, Texas; (8) K & D Affordable Lawn Service Of Port Arthur, Texas; (9) Newcost Company Of Port Arthur, Texas; (10) IUD Lawn Services Of Port Arthur, Texas; (11) South East Texas Lawn & Maintenance Of Beaumont, Texas; (12) S-MO Unlimited Of Port Arthur, Texas; (13) Subsouth Inc. Of Port Neches, Texas; And (14) Torres Landscaping Of Port Arthur, Texas For Grass Mowing Services Of Privately-Owned And City-Owned Vacant Lots In An Area Of The City Designated As Area B. Funds Are Available In General Fund Account Number 001-1304-541.59- 00 (REMOVED) (4) P.R. No. 19780 — A Resolution Authorizing One (1) Year Contracts Between The City Of Port Arthur And (7) Vendors: (1) Bladerunners Of Beaumont, Texas; (2) Derrick & Noah Lawn Service Of Port Arthur, Texas; (3) F & L Unlimited Of Port Arthur, Texas; (4) K & D Affordable Lawn Service Of Port Arthur, Texas; (5) Newcost Company Of Port Arthur, Texas; (6) RID Lawn Services Of Port Arthur, Texas; And (7) South East Texas Lawn & Maintenance Of Beaumont, Texas For Grass Mowing Services Of Privately-Owned And City-Owned Developed Lots In An Area Of The City Designated As Area C. Funds Are Available In General Fund Account Number 001-1304-541.59-00 (REMOVED) 8 AGENDA SEPTEMBER 5, 2017 F. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (5) P.R. No. 19781 — A Resolution Authorizing One (1) Year Contracts Between The City Of Port Arthur And (17) Vendors: (1) Affordable Lawn Care Of Port Arthur, Texas; (2) Bladerunners Of Beaumont, Texas; (3) Dee Rite Cut Of Port Arthur, Texas; (4) Derrick And Noah Lawn Service Of Port Arthur, Texas: (5) DMJ Landscaping Of Port Arthur, Texas; (6) Eagle Precision Lawn Care L.L.C. Of Nederland, Texas; (7) Eduardo T.O. Landscaping Of Groves, Texas; (8) F & L Unlimited Of Port Arthur, Texas; (9) JL's Handyman Of Port Arthur, Texas; (10) K & D Affordable Lawn Service Of Port Arthur, Texas; (11) M & J Lawn Service Of Port Arthur, Texas; (12) Newcost Company Of Port Arthur, Texas; (13) RJD Lawn Services Of Port Arthur, Texas; (14) South East Texas Lawn & Maintenance Of Beaumont, Texas; (15) SMO Unlimited Of Port Arthur, Texas; (16) Sub South Inc. Of Port Neches, Texas; And (17) Torres Landscaping Of Port Arthur, Texas For Grass Mowing Services Of Privately-Owned And City Owned Vacant Lots In An Area Of The City Designated As Area C. Funds Are Available In General Fund Account Number 001-1304-541.59-00 (REMOVED) (6) P.R. No. 19782 — A Resolution Authorizing One (1) Year Contracts Between The City Of Port Arthur And Ten (10) Vendors: (1) Bladerunners Of Beaumont, Texas; (2) Derrick & Noah Lawn Service Of Port Arthur, Texas; (3) Eduardo T.O. Landscaping Of Groves, Texas; (4) F & L Unlimited Of Port Arthur, Texas; (5) K & D Affordable Lawn Service Of Port Arthur, Texas; (6) Newcost Company Of Port Arthur, Texas; (7) RJD Lawn Services Of Port Arthur, Texas; (8) South East Texas Lawn & Maintenance Of Beaumont, Texas; (9) Subsouth Inc., Port Neches, Texas; And (10) Torres Landscaping Of Port Arthur, Texas For Grass Mowing Services Of Privately-Owned And City-Owned Developed Lots In An Area Of The City Designated As Area D. Funds Are Available In General Fund Account Number 001-1304-541.59-00 (REMOVED) 9 AGENDA SEPTEMBER 5, 2017 F. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (7) P.R. No. 19783 — A Resolution Authorizing One (1) Year Contracts Between The City Of Port Arthur And Ten (10) Vendors (1) Bladerunners Of Beaumont, Texas (2) Derrick & Noah Lawn Services Of Port Arthur, Texas (3) DMJ Landscaping Of Port Arthur, Texas (4) Eduardo T.O. Landscaping Of Groves, Texas (5) K&D Affordable Lawn Services Of Port Arthur, Texas (6) Newcost Company Or Port Arthur, Texas (7) South East Texas Lawn & Maintenance Of Beaumont, Texas (8) SMO Unlimited Of Port Arthur, Texas (9) Subsouth Inc. Of Port Neches, Texas And (10) Torres Landscaping Of Port Arthur, Texas For Grass Mowing Services Of Privately-Owned And City-Owned Vacant Lots In An Area Of The City Designated As Area D. Funds Are Available In General Fund Account Number 001-1304-541.59-00 (REMOVED) (8) P.R. No. 19784 — A Resolution Authorizing One (1) Year Contracts Between The City Of Port Arthur And (11) Vendors: (1) Derrick & Noah Lawn Service, Port Arthur, Texas; (2) Eduardo T.O. Landscaping, Groves, Texas; (3) F & L Unlimited, Port Arthur, Texas; (4) JL's Handyman, Port Arthur, Texas; (5) K & D Affordable Lawn Service, Port Arthur, Texas; (6) M & J Lawn Services, Port Arthur, Texas; (7) Newcost Company, Port Arthur, Texas; (8) RJD Lawn Service, Port Arthur, Texas; (9) SMO Unlimited, Port Arthur, Texas; (10) Sub South, Inc., Port Neches, Texas; And (11) Torres Landscaping, Port Arthur, Texas For Grass Mowing Services Of Privately-Owned And City Owned Developed Lots In Area Of The City Designated As Area E. Funds Are Available In General Fund Account Number 001-1304-541.59-00 (REMOVED) 10 AGENDA SEPTEMBER 5, 2017 F. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (9) P.R. No. 19785 — A Resolution Authorizing One (1) Year Contracts Between The City Of Port Arthur And (12) Vendors: (1) Dee Rite Cut Of Port Arthur, Texas; (2) Derrick And Noah Lawn Service Of Port Arthur, Texas; (3) DMJ Landscaping Of Port Arthur, Texas; (4) Eduardo T.O. Landscaping Of Groves, Texas; (5) F & L Unlimited Of Port Arthur, Texas; (6) JL's Handyman Of Port Arthur, Texas; (7) K & D Affordable Lawn Service Of Port Arthur, Texas; (8) Newcost Company Of Port Arthur, Texas; (9) RJD Lawn Services Of Port Arthur, Texas; (10) SMO Unlimited Of Port Arthur, Texas (11) Sub South Inc. Of Port Neches, Texas; And (12) Torres Landscaping Of Port Arthur, Texas For Grass Mowing Services Of Privately-Owned And City Owned Vacant Lots In An Area Of The City Designated As Area E. Funds Are Available In General Fund Account Number 001- 1304-541.59-00 (REMOVED) (10) P.R. No. 19878 — A Resolution Approving Amendment No. 3 To The Economic Incentive Contract & Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And J.Z. Russell Industries, Inc. Motion: CM Second: TK Voting Yes: 7 Voting No: 0 W/O: OS & KF ADOPTED Resolution No. 17-227 (11) P.R. No. 19887 — A Resolution Appointing Or Reappointing A Member To The Planning And Zoning Commission Motion: CM Second: WL Motion to Remove: HD Second: RS Voting Yes: 7 Voting No: 0 W/O: OS & KF REMOVED II AGENDA 1 SEPTEMBER 5, 2017 F. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — I CONTINUED (12) P.R. No. 19891 — A Resolution Authorizing A Public Broadcast Agreement Between Radio Station KSAP-107.1 LPFM "The Breeze" And The City Of Port Arthur, In The Not To Exceed Amount Of $30,000.00; Account No. (Requested By Councilmember Lewis) Motion: HD Second: CJ Voting Yes: 7 Voting No: 0 W/O: OS & KF ADOPTED Resolution No. 17-228 (13) P.R. No. 19893 — A Resolution Requiring Notice To Citizens Regarding Their Responsibilities As It Pertains To Compliance With Litter, Solid Waste And Trash Ordinances (Requested By Councilmember Moses) Motion: CM Second: HD Voting Yes: 7 Voting No: 0 W/O: OS & KF ADOPTED Resolution No. 17-229 fle 12 AGENDA SEPTEMBER 5, 2017 F. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED F2. Ordinance — Non-Consent (1) P.O. No. 6636 — An Ordinance Amending Chapter 38 (Fire Prevention And Protection) Of The Code Of Ordinances Of The City Of Port Arthur In Its' Entirety; Article I (In General), Article II (Standards), And Adopting The International Fire Code, 2015 Edition, Published By The International Code Council, Inc.; Providing Certain Amendments Thereto; Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith; Providing A Penalty For Violations By Fine Not Exceeding Two Thousand Dollars, As Provided In Section 5 Of This Code Or As May Be Otherwise Imposed By State Law; Providing A Savings Clause; And Providing For Publication And An Effective Date Immediately After Publication Motion: CM Second: WL Voting Yes: 7 Voting No: 0 W/O: OS & KF ADOPTED Ordinance No. 17-29 (2) P.O. No. 6637 — An Ordinance Of The City Council Of Port Arthur, Texas, Confirming The Acceptance Of The Agreed Final Judgment Between The City Of Port Arthur, Texas, And The City Of Bridge City, Texas Motion: CM Second: CJ Voting Yes: 7 Voting No: 0 W/O: OS & KF ADOPTED Ordinance No. 17-30 (3) P.O. No. 6638 — An Ordinance Designating A Portion Of Land Located In The City Of Port Arthur's Extraterritorial Jurisdiction (EJT) As An Industrial District Pursuant To 42.044 Of The Texas Local Government Code Motion: CM Second: WL Voting Yes: 7 Voting No: 0 W/O: OS & KF ADOPTED Ordinance No. 17-31 13 AGENDA SEPTEMBER 5, 2017 F. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (4) P.O. No. 6650 — An Ordinance Further Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code Motion: CM Second: WL Voting Yes: 7 Voting No: 0 W/O: OS & KF ADOPTED Ordinance No. 17-31 G. *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 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (2) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Manager (Requested by Councilmember Doucet) 14 AGENDA SEPTEMBER 5, 2017 G. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (3) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Motion Industries, Inc.) (4) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Colonial Pipeline Company) (Requested By Councilmember Lewis) (5) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (6) Section 551.072 Government Code — To Discuss And Receive Legal Advice From The City Attorney Regarding Disaster Recovery Due To Declaration Of Disaster (Requested By The City Attorney) *The Items In Executive Session May Be Discussed And Acted On In Open Session H. WORKSHOP (1) A Presentation By Anne Burger Entrekin, Hilltop Securities, Regarding Update On Bonds For Street Improvements (2) Discussion Regarding The City Streets Program I. ADJOURNMENT OF MEETING ************************************************************ NOTE: If The Meeting Extends Past 11:59 PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30 AM On September 6, 2017. 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 ************************************************************ 15