Loading...
HomeMy WebLinkAboutFEBRUARY 5, 2019 REGULAR MEETING DERRICK FORD FREEMAN,MAYOR Energy IIARVEY ROBINSON THOMAS J. KINLAW III, MAYOR PRO TEN' City of ary INTERIM CITY MANAGER COUNCIL MEMBERS: 41P> SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. � � CITY SECRETARI CAL J.JONES art r1/1 u HAROLD DOUCET,SR. VAL TREND CHARLOTTE MOSES txCis CITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting February 5, 2019 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 5, 2019 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tern Kinlaw, III Councilmember Scott, Jr. Councilmember Jones Councilmember Doucet, Sr. Councilmember Moses Councilmember Frank Interim City Manager Robinson City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers — None B. Presentations (1) A Presentation By Freese & Nichols Regarding An Update On The Main Waste Water Plant Improvement Project C. Employee Recognition — None D. Correspondence — None E. Discussion — None AGENDA FEBRUARY 5, 2019 IV. PUBLIC HEARINGS — 9:00 A.M. (1) A Public Hearing Regarding The Submission Of An Application To The Texas General Land Office (GLO) For A DR-4332 Community Development Block Grant Disaster Recovery (CDBG-DR Grant) V. UNFINISHED BUSINESS (1) P.R. No. 20657 - A Resolution Appointing A Member Or Members pp 9 To The Port Arthur Downtown Reinvestment Zone Board 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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. Travel Request — None B. Expense Reports — None C. Minutes — None D. Resolutions (1) P.R. No. 20504 — A Resolution Approving The 2019 Revised Purchasing Manual For The City Of Port Arthur (2) P.R. No. 20654 - A Resolution Authorizing The City Manager To Waive All Outstanding Library Late Fees At The Port Arthur Public Library AGENDA FEBRUARY 5, 2019 VI. CONSENT AGENDA — CONTINUED (3) P.R. No. 20660 — A Resolution Authorizing The City Manager To Execute Change Order No. 02 To The Contract Between Crawley's Shoreline Construction Of Baytown, Texas And The City Of Port Arthur, Texas For The Pleasure Island Bulkhead Replacement Project, Increasing The Contract Amount By $52,100.00 To A New Contract Amount Of $405,355.00 And Increasing The Contract Time By 28 Days To A New Term Of 120 Consecutive Calendar Days. Funding Is Available In Account No. 450-1293-549.89-00, Marina Other Structures Account. (Capital Outlay) (4) P.R. No. 20661 — A Resolution Authorizing The City Manager To Enter Into A Contract With Greenscapes Six, LLC Of Baytown, Texas For Repair Of The Parking Lot The Port Arthur Public Library For $133,955.00; Project Will Be Funded With Hurricane Harvey Account No. 147-2300-901.32-00, Project No. 082617 (5) P.R. No. 20665 - A Resolution Authorizing The City Manager To Enter Into A Contract For The Purchase Of Resilient Seat Valves, For The Utility Operations Department With Mid-West Control Products Of Olathe, Kansas, With An Annual Projected Budgetary Impact Of $88,245.64. Funds Are Available In Account No. 410- 1253-532.35-00 & 410-1255-532.33-00. Valves Will Be Purchased As Needed And Stored In Inventory At The Utility Warehouse (6) P.R. No. 20670 — A Resolution Approving The Draft Of The Hurricane Harvey Infrastructure Community Development Block Grant — Disaster Recovery (CDBG-DR) Application With The Texas General Land Office (GLO) In The Amount Of $11,294,842.12 And To Solicit Public Comments On The Draft From February 6, 2019 — March 8, 2019 (7) P.R. No. 20672 - A Resolution Authorizing The City Manager To Execute Three (3) Contracts Between The City Of Port Arthur And The Hughen Center, Inc. For The Use Of The Girls Softball Field, Miguez Field And Pee Wee Field Located At County Park 3 AGENDA FEBRUARY 5, 2019 VI. CONSENT AGENDA — CONTINUED (8) P.R. No. 20673 - A Resolution Authorizing The Submission Of Contract Amendment No. 2 For The Community Development Funds Contract Between The City Of Port Arthur And The Texas General Land Office Contract Number 13-339-000-7653 (Hurricane Ike Recovery Round 2.2) (9) P.R. No. 20674 - A Resolution Authorizing The City Manager To Negotiate A Contract With Stanley Consultants, Inc. Of Coralville, Iowa For Environmental Consultant Services For The Brownfields Grant (10) P.R. No. 20675 — A Resolution Nominating Flint Hills Resources Port Arthur, LLC To The Office Of The Governor Economic Development And Tourism (OOGEDT) Through The Economic Development Bank 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 (11) P.R. No. 20678 - A Resolution Authorizing The Purchase Of Two (2) Ford F-150 Regular Cab Trucks For The Water Utilities Department; One For The Water Distribution Division, And One For The Customer Service Division, From Four Stars Ford, Of Jacksboro, Texas, Through Solicited Bids, In The Total Amount Of $39,918.00. Funds Are Available In Capital Equipment Account No. 625-1801- 532.93-03 (Motor Vehicles-Water Distribution) And No. 625-1801- 532.93-01 (Motor Vehicles-Customer Service) VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20671 — A Resolution Approving Amendment No. 1 To The Economic Incentive Contract & Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And KLV Ventures, Inc. 4 AGENDA FEBRUARY 5, 2019 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT - CONTINUED (2) P.R. No. 20682 — A Resolution Authorizing The March 12, 2019 Regularly Scheduled Council Meeting Date To Be Rescheduled (3) P.R. No. 20684 - A Resolution Supporting The Submission Of An Application By Port Arthur PHV, LP For Housing Tax Credits Or Private Activity Bonds At 934 W. 14th Street (Prince Hall), Authorizing An Allocation Of Housing Tax Credits For The Approval Of The Construction Of The Development And Authorizing A Commitment Of Development Funding In The Form Of A Grant Or Reduced B. Ordinances — Non-Consent (1) P.O. No. 6748 - An Ordinance Providing For The Conduct Of The May 4, 2019 General Election 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 (2) P.O. No. 6752 - An Ordinance Of The City Of Port Arthur, Texas, Closing, Vacating, Abandoning And Conveying Portions Of The 76th Street Right-Of-Way Within The City Of Port Arthur; Authorizing The City Manager To Execute A Deed Without Warranty; Providing That This Ordinance Shall Be Cumulative; Repealing All Ordinance To The Extent They Are In Conflict; Providing For Severability; And Declaring An Effective Date. A18-01 (A&P AMIN, LLC) 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: 5 AGENDA FEBRUARY 5, 2019 VIII. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED "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 And Receive Legal Advice Regarding Pending Litigation/Arbitration And Civil Service Issues (2) Section 551.072 Government Code — To Discuss The Value Of The Land Located Downtown (3) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (4) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (KLV Ventures, Inc.) (5) Section 551.087 Government Code — To Discuss Economic Development Incentives In The Industrial District/ETJ (6) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Manager *The Items In Executive Session May Be Discussed And Acted On In Open Session 6 AGENDA FEBRUARY 5, 2019 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 February 6, 2019. 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 Councit, 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 Aqenda 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.