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Home My WebLink AboutPOST: 05-08-2018 REGULAR MEETING POST AGENDA REPORT City Council Meeting City Hall Council Chamber City Of Port Arthur May 8, 2018 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tem Jones Councilmember Scott, Jr. Councilmember Kinlaw, III Councilmember Doucet, Sr. Councilmember Moses Councilmember Frank Interim City Manager Robinson City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Melvin Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Victoria A. Woody Regarding Victoria's Special Occasions and Parties LLC, (VSOP) Bringing New Business And Jobs To The City (2) Greg Richard Regarding Forensic Audit Workshop Update (3) Allen Valka Of Opies's Towing & Transport Regarding City Ordinance 8-105, Parking Limited To Cars, Pickup Trucks, And Vans I AGENDA May 8, 2018 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) A Presentation By Darlene Thomas-Pierre, Director Of Inspections And Code Compliance Regarding Tire And Trash Pick-Up (2) A Presentation By Armando Gutierrez, Director Of Public Works Regarding The Streets Program C. Employee Recognition — None D. Correspondence — None E. Discussion (1) A Discussion Regarding City-Owned Properties (Requested by Councilmember Doucet) IV. PUBLIC HEARINGS — 9:00 A.M. (1) A Public Hearing To Consider Z18-03 [Sup# 231] — Specific Use Permit For Approximately 1.873 Acres Of Land, Tract 81, Abstract No. 123 D. Gahagen, Pleasure Island, City Of Port Arthur, Jefferson County, Texas (2) A Public Hearing To Consider A Zoning Change From Multiple Family "MF" To Planned Development District — 37 "PD-37" For Approximately 4.658 Acres Of Land, Lots 3, 4, 5 and 6, Block 12, Range "G", Port Arthur Land company Subdivisions, City of Port Arthur, Jefferson County, Texas 7 AGENDA MAY 8, 2018 V. UNFINISHED BUSINESS (1) P.R. No. 20155 — A Resolution Authorizing One (1) Year Contracts Between The City Of Port Arthur And Eighteen (18) Vendors: (1) Affordable Lawn Care Of Port Arthur, Texas, (2) All In One Lawn Service Of Port Arthur, Texas, (3) Bladerunners Of Beaumont, Texas, (4) Dee Rite Cut Of Port Arthur, Texas, (5) Derrick And Noah Lawn Service Of Port Arthur, Texas, (6) DMJ Landscaping Of Port Arthur, Texas, (7) Eduardo T.O. Landscaping Of Groves, Texas, (8) Hites Maintenance Of Port Arthur, Texas, (9) Israel Lopez Construction Of Port Arthur, Texas, (10) 1 & J Lawn Service And Landscaping Of Beaumont, Texas, (11) JL Handyman Of Port Arthur, Texas, (12) K & D Affordable Of Port Arthur, Texas, (13) M & J Lawn Services Of Port Arthur, Texas, (14) Myers And Myers Of Port Arthur, Texas, (15) Newcost Company Of Port Arthur, Texas, (16) South East Texas Lawn And Maintenance Of Beaumont, Texas, (17) S-Mo Unlimited Of Port Arthur, Texas And (18) Support Operation Services Of Port Arthur, Texas For Grass Mowing Services Of Privately-Owned And City-Owned Vacant Lots In Areas Of The City Designated As Areas B Through E, With An Annual Projected Budgetary Impact Of $150,000.00. Funds Are Available In Account Number 001-1304-541.59-00 — Other Contractual Services Motion: HD Second: CM Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Resolution No. 18-169 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. 3 AGENDA MAY 8, 2018 VI. CONSENT AGENDA — CONTINUED Motion: HD Second: TK Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED A. Expense Reports — None B. Minutes April 24, 2018 Regular Meeting C. Resolutions (1) P.R. No. 20186 — A Resolution Authorizing The Execution Of A Utilities Relocation Agreement Between The City Of Port Arthur And Port Arthur LNG Holdings, LLC Pertaining To A Public Utility Easement Whereupon A Liquefaction Facility Will Be Erected Located In The City Of Port Arthur Resolution No. 18-170 (2) P.R. No. 20204 — A Resolution Awarding A Bid And Authorizing The City Manager To Execute A Contract With Excavation And Construction, LLC Of Port Arthur, Texas For The Lakeshore Drive Roadway Pavement Replacement Project With A Projected Budgetary Impact Amount Of $560,000.00. Funding Is Available In Account Under The Capital Improvement Account For Street Maintenance 307-1601-591.86-01 Project# EDC002 Resolution No. 18-171 (3) P.R. No. 20226 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Physical Damage Claim In The Amount Of $50,223.24 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To City Hall Annex Building Resolution No. 18-172 4 AGENDA MAY 8, 2018 VI. CONSENT AGENDA — CONTINUED (4) P.R. No. 20227 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Physical Damage Claim In The Amount Of $10,080.40 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Water Distribution Unit #2005 Resolution No. 18-173 (5) P.R. No. 20228 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $2,443,519.75 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood Damages To City Vehicles Due To Hurricane Harvey (August 30, 2017) Resolution No. 18-174 (6) P.R. No. 20242 — A Resolution Authorizing The City Manager To Make A Payment To Texas Commission On Environmental Quality (TCEQ) For The Second Quarter Fee For Landfill Disposal With A Not To Exceed Amount Of $29,566.07. Funding Is Available In Account No. 403-1274-533.59-01, Public Works Department Landfill Division — Regulatory Fees/Fines Resolution No. 18-175 (7) P.R. No. 20243 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $14,955.90 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood Damages To A Unit Of Mobile Equipment Due To Hurricane Harvey (August 30, 2017) (2016 Gradall Excavator DE) Resolution No. 18-176 5 AGENDA MAY 8, 2018 VI. CONSENT AGENDA — CONTINUED (8) P.R. No. 20244 — A Resolution Authorizing The Third Year And Final Year Of The Contract With Siddons-Martin Emergency Group Of Port Arthur And Houston, Texas, For Preventative Maintenance And Repair To Fire Department Fire Apparatus And Other Special Response Vehicles, With A Projected Budgetary Impact Of $200,000.00; Funding Available In Fire Department Vehicle Maintenance Account No. 001-1121-522.43-00 Resolution No. 18-177 (9) P.R. No. 20245 — A Resolution Authorizing The Donation Of Ten (10) Outdated Self Contained Breathing Apparatus (SCBAs) To The Lamar Institute Of Technology Fire Academy Resolution No. 18-178 (10) P.R. No. 20249 — A Resolution Nominating Motiva Enterprises, LLC To The Office Of The Governor Economic Development And Tourism (OOGEDT) Through The Economic Development Band For Designation As A Qualified Business And Enterprise Project Under The Texas Enterprise Zone Program Under The Texas Enterprise Zone Act, Chapter 2303, Texas Government Code PULLED Motion: HD Second: CM Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Resolution No. 18-167 • 6 AGENDA MAY 8, 2018 VI. CONSENT AGENDA — CONTINUED (11) P.R. No. 20250 — A Resolution Nominating The Premcor Refining Group Inc., To The Office Of The Governor Economic Development And Tourism (OOGEDT) Through The Economic Development Bank C For Designation As A Qualified Business And Enterprise Project • Under The Texas Enterprise Zone Program Under The Texas Enterprise Zone Act, Chapter 2303, Texas Government Code PULLED Motion: HD Second: TK • Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Resolution No. 18-168 (12) P.R. No. 20252 — A Resolution Authorizing The Purchase Of Sixteen (16) Police Vehicles Via The Texas GoodBuy Cooperative Purchasing Contract From Silsbee Ford Of Silsbee, Texas In The Amount Of $501,032.48; Funding Available In Account Numbers: • 147-2300-901.92-00, Project No. 082617; 001-1101-521.11-00; And 001-1101-521.57-00 • r Resolution No. 18-179 (13) P.R. No. 20253 — A Resolution Authorizing The City Of Port Arthur To Participate In An Interlocal Agreement For Cooperative Purchasing With GoodBuy Purchasing Cooperative Of The Education Service Center, Region 2 Resolution No. 18-180 (14) P.R. No. 20255 — A Resolution Authorizing The City Manager To Enter Into A Six (6) Months Lease With Karey Amick Of B&H Enterprises, Inc., For The Property Located At 949 T.B. Ellison Parkway, Also Known As The Pleasure Island Boat Yard Resolution No. 18-181 AGENDA MAY 8, 2018 VI. CONSENT AGENDA — CONTINUED (15) P.R. No. 20257 — A Resolution Authorizing The City Manager To Execute Change Order No. 02 To The Contract Between The City Of Port Arthur And Old Castle Materials Gulf Coast, Inc., Of Beaumont, Texas For The West Rev. Dr. Ransom Howard (West 7th) Street Pavement Rehabilitation Project Increasing The Contract Amount By $55,493.82 To A New Total Amount Of $1,443.369.07 And Increasing The Contract Term By 36 Calendar Days To A New Total Of 177 Days. Funding Available In GLO Round 2.2 Program, Project No. 122W7, Account No. 145-1201-532.59-00 ($730,000.00) And Capital Projects Account 307-1601-591.86-00 ($713,369.07) Resolution No. 18-182 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20183 — A Resolution Rejecting All Request For Qualifications For Engineering Design And Construction Management Services Street Program Year One Motion: HD Second: CM Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Resolution No. 18-183 8 AGENDA MAY 8, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.R. No. 20216 — A Resolution Documenting That Pursuant To The Amendment Of Section 9 Of Article II Of The City Charter Approved At The May 2, 1992 City Election In The City Of Port Arthur, Texas, District 3 Councilmember Shall Serve As Mayor Pro Tern And Shall Act As Mayor During The Absence Or Disability Of The Mayor And Shall Serve As Mayor Pro Tern Until May 2019 SWEARING IN OF MAYOR PRO TEM THOMAS KINLAW III Motion: HD Second: TK Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Resolution No. 18-192 (3) P.R. No. 20221 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Arceneaux, Wilson And Cole, LLC Of Port Arthur, Texas For The Roadway Design Of 15th Street With A Projected Budgetary Amount Of $66,111.00. Funding Is Available In Account 307-1601- 591.86.00 Under The Capital Improvements Account For Streets Improvement Motion: HD Second: CJ Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Resolution No. 18-184 9 AGENDA MAY 8, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (4) P.R. No. 20222 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Arceneaux, Wilson And Cole, LLC Of Port Arthur, Texas For The Roadway Design Of Willow Avenue With A Projected Budgetary Amount Of $99,135.00. Funding Is Available In Account 307-1601- 591.86.00 Under The Capital Improvements Account For Streets Improvement Motion: RS Second: CJ Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Resolution No. 18-185 (5) P.R. No. 20223 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Arceneaux, Wilson And Cole, LLC Of Port Arthur, Texas For The Roadway Design Of 60th Street With A Projected Budgetary Amount Of $110,703.00. Funding Is Available In Account 307-1601- 591.86.00 Under The Capital Improvements Account For Streets Improvement Motion: TK Second: HD Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Resolution No. 18-186 (6) P.R. No. 20230 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Action Civil Engineers, PLLC Of Port Arthur, Texas For The Roadway Design Of Sunken Court — Phase I With A Projected Budgetary Amount Of $106,300.00. Funding Is Available In Account 307- 1601-591.86.00 Under The Capital Improvements Account For Street Improvement Motion: TK Second: 0 Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Resolution No. 18-187 10 AGENDA MAY 8, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (7) P.R. No. 20231 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Action Civil Engineers, PLLC Of Port Arthur, Texas For The Roadway Design Of Sunken Court — Phase II With A Projected Budgetary Amount Of $110,500.00. Funding Is Available In Account 307- 1601-591.86.00 Under The Capital Improvements Account For Street Improvement Motion: TK Second: CJ Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Resolution No. 18-188 (8) P.R. No. 20232 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Soutex Surveyors And Engineers Of Port Arthur, Texas For The Roadway Design Of Carolina Avenue With A Projected Budgetary Amount Of $106,000.00. Funding Is Available In Account 307- 1601-591.86.00 Under The Capital Improvements Account For Streets Improvement Motion: CJ Second: RS Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Resolution No. 18-189 (9) P.R. No. 20233 — A Resolution Authorizing The City Manager To Execute A Professional Services Agreement Between The City Of Port Arthur And Soutex Surveyors And Engineers Of Port Arthur, Texas For The Roadway Design Of 8th Avenue With A Projected Budgetary Amount Of $106,000.00. Funding Is Available In Account 307-1601-591.86.00 Under The Capital Improvements Account For Streets Improvement Motion: CM Second: HD Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Resolution No. 18-190 11 AGENDA MAY 8, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (10) P.R. No. 20238 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Action Civil Engineers, PLLC Of Port Arthur, Texas For The Roadway Design Of Nashville Avenue With A Projected Budgetary Amount Of $109,500.00. Funding Is Available In Account 307-1601-591.86.00 Under The Capital Improvements Account For Streets Improvement Motion: HD Second: TK Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Resolution No. 18-191 B. Ordinances — Non-Consent (1) P.O. No. 6690 — An Ordinance Authorizing The City Manager To Execute The Settlement Of Mobile Equipment Physical Damage In The Amount Of $275,000.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Landfill Compactor #1636 Motion: CM Second: HD Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Ordinance No. 18-18 (2) P.O. No. 6693 — An Ordinance Of The City Of Port Arthur, Texas Approval To Implement The Rates For A New Federal Tax Credit Rider ("FTCCR") Proposed By Aqua Texas, Inc. Aqua Utilities, Inc. (Including Its Subsidiaries Harper Water Company, Inc., And Kerrville South Water Company, Inc.) And Aqua Development, Inc. D/B/A Aqua Texas Filing Made With The City On April 4, 2018; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject, And Declaring An Effective Date Motion: CJ Second: HD Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Ordinance No. 18-19 12 AGENDA MAY 8, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.O. No. 6694 — An Ordinance Amending Chapter 34, Article II, Sections 54 — 64 To The City Of Port Arthur Code Of Ordinances, To Include Regulations For The Proper Disposal Of Tires And The Registration Of Certain Tire Businesses And Tire Haulers Within The City Of Port Arthur; Providing For A Penalty Of $50.00 For Each Separate Offense; And Providing For Publication Thereof Motion: RS Second: CM Motion To Amend: CM Second: TK Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED AS AMENDED Ordinance No. 18-20 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 AGENDA MAY 8, 2018 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED Closed Meeting: (1) 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 (2) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) IX. 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 May 9, 2018. 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 ************************************************************ 14