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Home My WebLink AboutMARCH 26, 2019 REGULAR MEETING 5:30 PM DERRICK FORD FREEMAN. MAN OR HARVEY ROBINSON THOMAS J. KINLA\Y III, NIA\OR PRO TEM City of INTERIM CITY MANAGER COUNCIL MEMBERS: 411,i SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. �� y CITY SECRETARY CAL J.JONES nr1 rthur HAROLD DOUCET,SR. VAL TIZENO CHARLOTTE MOSES ' CITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting March 26, 2019 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. City Council Meeting City Hall Council Chamber City Of Port Arthur March 26, 2019 5:30 PM 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 (1) James Fedrick, Sr. Regarding Streets (2) Keith Loeffler Regarding Emergency Medical Transportation Insurance (3) Jabriel Muhammad Regarding December Police Shooting B. Presentations (1) A Presentation By Entergy Customer Service Manager Ron Fletcher Regarding Street Light Outages In Port Arthur (Requested By Mayor Pro Tern Kinlaw) i AGENDA MARCH 26, 2019 III. PETITIONS & COMMUNICATIONS — CONTINUED (2) A Presentation By The City Of Port Arthur's Health Department Regarding The Recommended Summary Of Changes To The Ordinance Pertaining To Food Service Licensing (3) A Presentation By The Wanted Riders Trail Rider Social And Civic Organization Regarding The 2019 Zydeco Dance Festival (4) A Presentation By Staff Regarding An Update On The Street Program And The Street And Drainage Project (5) A Presentation By Traylor Associates Regarding The Acquisitions/Buyouts Community Development Block Grant - Disaster Recovery (CDBG-DR) (6) A Presentation By Tony Broussard Of Impact Waste Regarding Recycling And Green Waste Processing At The City Landfill C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 6:00 P.M. (1) A Public Hearing Regarding Z19-01 [SUP# 234] — Specific Use Permit For Approximately 0.2018 Acres Of Land, Consisting Of All Of Lots 5 & 6 Block 1, Armstrong Place [A.K.A. 3301 25th Street], City Of Port Arthur, Jefferson County, Texas For The Operation Of An Auto Storage Or Wrecker Service In A Light Commercial (LC) Zoned District (ABS Towing And Recovery) (2) A Public Hearing Regarding Z19-02 [SUP# 233] — Specific Use Permit For Approximately 0.9693 Acres Of Land, Consisting Of Lots 6, 7, And 9, Block 16, Boulevard Terrance [A.K.A. 3189 25th Street], City Of Port Arthur, Jefferson County, Texas For The Operation Of An Auto Storage Or Wrecker Service In A Light Commercial (LC) Zoned District (Opie's Towing And Transport) AGENDA MARCH 26, 2019 V. UNFINISHED BUSINESS (1) P.R. No. 20676 — A Resolution Authorizing A License For The Construction Of A Recreational Vehicle Park On Approximately 12.024 Acres Of Land Consisting Of Tract I, 7.650 Acres Of Land Out Of Lots 16 And 28, Peek Addition And Tract II, 4.374 Acres Of Land Out Of Lots 41 & 55, Peek Addition (Located South Of F.M. Highway 365 And East Of Davis Avenue), Port Arthur, Jefferson County, Texas (2) P.R. No. 20677 — A Resolution Authorizing A License For The Construction Of A Recreational Vehicle Park On Approximately 9.738 Acres Of Land Consisting Of Tract B-1, Dennis Gahagen League, Abstract No. 123, Pleasure Island (Located At 3890 Martin Luther King, Jr. Drive), Port Arthur, Jefferson County, Texas 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 (B1) Mayor Derrick Freeman: Mayor's Conference Washington, D.C. January 22 — 26, 2019 $3,543.15 (B2) Mayor Pro Tern Thomas Kinlaw, III: National League Of Cities Congressional Cities Conference Washington, D.C. March 9 — 13, 2019 $3,886.86 AGENDA MARCH 26, 2019 VI. CONSENT AGENDA — CONTINUED (B3) Councilmember Raymond Scott, Jr: National League Of Cities Congressional Cities Conference Washington, D.C. March 9 — 13, 2019 $3,699.24 (B4) Councilmember Harold Doucet, Sr: National League Of Cities Congressional Cities Conference Washington, D.C. March 9 — 13, 2019 $3,686.56 C. Minutes February 19, 2019 Special Meeting D. Resolutions (1) P.R. No. 20680 — A Resolution Authorizing The City Manager To Execute Settlement Of Rental Fees For An Excavator From Golden Triangle Industries, Inc., In The Amount Of $11,077.50 Made Against Liberty Mutual Insurance As A Result Of Property Damage To Streets Unit #1990 (2) P.R. No. 20683 — A Resolution Adopting The Neighborhood Empowerment Zone (NEZ) Tax Abatement And Basic Incentives Policy For The City Of Port Arthur And To Exercise Certain Municipal Powers In Such; And Providing For The Effective Date Thereof (3) P.R. No. 20697 — A Resolution Authorizing The City Manager To Execute An Interlocal Agreement Between The City Of Port Arthur And Jefferson County Precinct-2 To Rehabilitate Viterbo Road From West Port Arthur Road To The City Limits Of Port Arthur, Texas For All Road Materials Needed For Viterbo Road ($79,000.00). Funding Is Available In The Capital Improvements Account No. 307-1601- 591.86-00 4 AGENDA MARCH 26, 2019 VI. CONSENT AGENDA — CONTINUED (4) P.R. No. 20702 — A Resolution Authorizing The City Manager To Enter Into A Letter Agreement With The Labiche Architectural Group, Inc. Of Beaumont, Texas, And Acceptance Of Its Proposal For The Development Of Professional Plans For Repairs To The Department Club And Submission To The Texas Historical Commission, As Well As Working With The Texas Historical Commission For Approval, In An Amount Not To Exceed $27,000.00 Plus Reimbursables Not To Exceed $2,000.00. Funds Available In Account 140-1405-551.59-00, Project M97910 (Hotel Occupancy Tax Funds) (5) P.R. No. 20716 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Utilize Pre- Employment Workforce Training Funds To Implement A 2019 Summer Youth Employment Program In An Amount Not To Exceed $90,000.00; Funds Available In EDC Account No. 120-1429-582.59- 07 (6) P.R. No. 20717 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Make A Payment To Marsh Waterproofing, Inc. Of Vidor, Texas, For The Parapet Wall Repairs At 501 Procter Street, In An Amount Not To Exceed $5,500.00, EDC Account No. 120-1429-582.53-00 (7) P.R. No. 20737 — A Resolution Authorizing The Purchase Of A Stump Grinder From Vermeer Texas — Louisiana Of Cypress, Texas, For The Parks And Recreation Department Through Texas BuyBoard Cooperative Purchasing Contract No. 515-16, In The Amount Of $57,605.00; Funding Available In Capital Reserve Account No. 625-1801-531.93-07 (8) P.R. No. 20738 — A Resolution Authorizing Filing An Application With The Texas General Land Office In The Amount Of $11,294,842.12 For The Hurricane Harvey Infrastructure Community Development Block Grant — Disaster Recovery (CDBG- DR) Grant 5 AGENDA MARCH 26, 2019 VI. CONSENT AGENDA — CONTINUED (9) P.R. No. 20740 — A Resolution Authorizing An Amendment To The Contract With Architect's Studio Of Port Arthur, Texas, In The Total Amount Of $2,570.00, And Authorizing An Increase To Blanket Purchase Order No. 214887 For Required Additional Services For The Renovation Of The Transit Terminal; Funds Are Available In Account No. 401-1509-561.82-00 (10) P.R. No. 20741 — A Resolution Authorizing The City Manager To File A Grant Application With The Texas General Land Office In The Amount Of $4,142,753.39 For The Hurricane Harvey Acquisitions/Buyouts Community Development Block Grant — Disaster Recovery (CDBG-DR) Grant (11) P.R. No. 20744 — A Resolution Ratifying The Monthly Rental Of Temporary Lights At The Civic Center Parking Lot From United Rentals Of Port Arthur, Texas (Formerly BlueLine Rentals), In The Amount Of $24,436.59, And Authorizing Additional Temporary Lights In The Projected Amount Of $17,000.00 For A Total Projected Budgetary Impact Of $43,000.00. Funds Available In Account 147-2300-901-51-00 Project 082617 (Hurricane Account) (12) P.R. No. 20747 — A Resolution Ratifying The Repairs To Unit Number 1990, Excavator, For The Public Works Department, Streets Division From Waukesha-Pearce Industries, LLC, Houston, Texas, In The Amount Of $66,984.59. Funding Available In Account No. 001-1203-531.43-00 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20648 — A Resolution Rescinding Resolution No. 18-398 In Its Entirety As It Pertains To Entering Into A Purchase Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And KLV Ventures, Inc. 6 AGENDA MARCH 26, 2019 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.R. No. 20658 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Police Chief Advisory Committee (Requested By Councilmember Moses And Mayor Pro Tern Kinlaw) (3) P.R. No. 20711 — A Resolution Approving An Economic Development Conditional Grant Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Aref I, Ltd, In An Amount Not To Exceed $368,760,00, EDC Account No. 120-1429-582.59-01 (4) P.R. No. 20712 — A Resolution Approving An Economic Development Conditional Grant Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Kemp Corkran, LLC, For Infrastructure Improvements In An Amount Not To Exceed $302,434.00, EDC Account No. 120-1429- 582.59-01 (5) P.R. No. 20723 — A Resolution Approving Change Order No. 1 To The Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And Dean Builders, Inc. Of Spring, Texas For Construction Of Entry Monuments & Landscaping For The Jade Avenue Business Park. Increasing The Contract Amount By $7,500.00 To A New Total Of $369,623.00, And Increasing The Contract Term By 143 Days To A New Total Of 263 Days. EDC Account No. 120-1429-582.59-02 (6) P.R. No. 20745 — A Resolution Designating And Establishing The Annual Zydeco Dance Festival Entertainment Area For 2019, Designating Wanted Riders Trail Ride Social And Civic Organization As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With Wanted Riders Trail Ride Social And Civic Organization (7) P.R. No. 20748 — A Resolution Appointing A Chairman Of The Board Of Director To The Downtown Tax Increment Reinvestment Zone TIRZ #1 Board AGENDA MARCH 26, 2019 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances — Non-Consent (1) P.O. No. 6759 — An Ordinance Authorizing The Sale Of Approximately 0.5172 Acres Of Commercial Property Located In The 3500 Block Of Jimmy Johnson Boulevard (2) P.O. No. 6760 — An Ordinance Authorizing The Issuance Of The City Of Port Arthur, Texas, General Obligation Refunding Bonds, Series 2019 In One Or More Series Or Subseries As May Be Further Designated; Authorizing Each Of The Mayor, The Interim City Manager And The City Acting Director Of Finance To Approve The Amounts, Interest Rates, Prices, And Terms Thereof And Certain Other Matters Relating Thereto; Providing For The Payment Thereof; Making Other Provisions Regarding Such Bonds Including Authorizing The Preparation And Distribution Of One Or More Preliminary Official Statements And Authorizing The Preparation And Distribution Of One Or More Official Statements And Matters Incident Thereto; Awarding The Sale Of The Bonds; Authorizing The Execution And Delivery Of One Or More Bond Purchase Agreements; Authorizing The Defeasance, Final Payment, And Discharge Of Certain Outstanding Obligations; Authorizing The Execution And Delivery Of One Or More Escrow Agreements; Authorizing The Purchase Of And Subscription For Certain Escrowed Securities; Authorizing Escrow Verification And Engagement Of An Escrow Agent; Authorizing Bond Insurance; Authorizing The Execution And Delivery Of A Paying Agent/Registrar Agreement And Other Related Documents; And Making Other Provisions Regarding Such Bonds VIII. 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 March 27, 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 *************************************************** 8 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.