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HomeMy WebLinkAboutAPRIL 9, 2019 REGULAR MEETING 8:30 AM DERRICK FORD FREEMAN,MAYOR Energy HARVEY ROBINSON THOMAS.1. KINLAW III,MAYOR PRO TEM City of - cin• INTERIM CITY MANAGER COUNCIL MEMBERS: \ SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. � CITISECRETARY CAL J.JONES ort r t Ir r[r HAROLD DOUCET,SR. VAL TREND CHARLOTTE MOSES ` vas CITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting April 9, 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 April 9, 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 (1) Sherwood Cully Regarding Clean Up And Potholes (2) Pam Trosclair Of The Southeast Texas Arts Council Regarding Thank You For City Support B. Presentations (1) A Presentation By The Hispanic Group Regarding The Evento De Pasua "Easter Event" (2) A Presentation By Kerry LaGrone Regarding Pleasure Island Development 1 AGENDA APRIL 9, 2019 III. PETITIONS & COMMUNICATIONS — CONTINUED (3) A Presentation By Staff Regarding The February 2019 Monthly Financial Report C. Employee Recognition — None D. Correspondence — None E. Discussion (1) Discussion Regarding City Manager Search (Requested By Councilmember Doucet) IV. PUBLIC HEARINGS — 9:00 A.M. — NONE 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Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon.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. Travel Request (A1) Mayor Derrick Freeman: Pre-Approval To Attend The African American Conference Houston, TX April 23 — 25, 2019 (A2) Councilmember Charlotte Moses: Pre-Approval To Attend The National League Of Cities Women In Municipal Government Conference Bridgeport, CT July 24 — 27, 2019 2 AGENDA APRIL 9, 2019 VI. CONSENT AGENDA — CONTINUED B. Expense Reports (B1) City Attorney Val Tizeno: Golden Triangle Days And Legislative Meeting Austin, TX February 11 — 12, 2019 $873.48 (Updated Expense Report) C. Minutes February 26, 2019 Special Executive Meeting February 26, 2019 Regular Meeting February 27, 2019 Special Meeting March 19, 2019 Joint Special Meeting March 19, 2019 Regular Meeting March 26, 2019 Special Executive Meeting March 26, 2019 Regular Meeting D. Resolutions (1) P.R. No. 20720 — A Resolution Ratifying Change Order No. 1 To The Contract Between The City Of Port Arthur And Inland Environments, LTD Of Porter, Texas For The Ike Round 2.2 Demolition Only Project (Demolition Of 2 Dangerous Structures At 540-548 E. Rev. Ransom Howard Street And 1101 E. Procter Street, Increasing The Contract Amount By $2,880.00, To A New Total Of $43,223.00 And Increasing The Contract Term By 54 Days To A New Term Of 68 Days; Account No. 001-1052-517.59-00 (Other Contractual Service, General Fund) (2) P.R. No. 20742 — A Resolution Confirming The Reappointment Of Graciela Alvarez As A Member Of The Civil Service Commission Of The City Of Port Arthur AGENDA APRIL 9, 2019 VI. CONSENT AGENDA — CONTINUED (3) P.R. No. 20751 — A Resolution Authorizing The Execution Of A One Year Contract Between The City Of Port Arthur And Spidle Oil Co. Of Port Arthur, Texas For Dyed, Off-Road Diesel With A Projected Budgetary Impact Of $50,000.00 Per Year. Funding Is Available In Account No. 403-1273-533.24-00, Public Works Department Landfill Division — Fuel And Lubrication And Account No. 450-1293-549- 24.00, Pleasure Island Marina — Fuel And Lubrication (4) P.R. No. 20754 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $21,487.55 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood Damaged Contents At The Port Arthur Public Library As A Result Of Hurricane Harvey (August 30, 2017) (5) P.R. No. 20756 — A Resolution Authorizing The City Manager To Execute A Non-Exclusive Contract To Purchase Road Building Materials With L.D. Construction, Gulf Coast, Martin Marietta, Knife River, All Of Beaumont, Texas, Redwine Enterprises, Inc. Of Port Arthur, Texas And Mid County Land Company, Ltd. Of Nederland, Texas With An Annual Projected Budgetary Impact Amount Of $1,500,000.00. Funding Is Available In The Following Account Numbers: Public Works Department: 001-1203-531.36-00 Streets Division — Streets Maintenance; 001-1204-531.34-00 Drainage Division — Drainage Maintenance; 403-1274-533.36-00 Landfill Division — Street; Water Utilities Department: 410-1253-532.36-00 Water Distribution Division Streets; 307-1601-591.86-00 Captial Projects — Streets (6) P.R. No. 20757 — A Resolution Awarding A Bid And Authorizing The City Manager To Execute A Contract With Excavation And Construction LLC Of Port Arthur, Texas For 8th Avenue Improvements From 32nd Street To The Dead End With A Projected Budgetary Impact Of $881,393.50. Funding Is Available In The Capital Improvement Streets Account Number 307-1601- 591.86-00 4 AGENDA APRIL 9, 2019 VI. CONSENT AGENDA — CONTINUED (7) P.R. No. 20758 — A Resolution Awarding A Bid And Authorizing The City Manager To Execute A Contract With Gulf Coast A CRH Company Of Beaumont, Texas For Nashville Avenue Improvements Form 7th Street (Rev. Dr. Ransom Howard Street) To Procter Street With A Projected Budgetary Impact Of $913,289.50. Funding Is Available In The Capital Improvement Streets Account Number 307-1601-591.86-00 (8) P.R. No. 20761 — A Resolution Calling For A Public Hearing To Consider Granting A Specific Use Permit For Approximately 0.1610- Acre Of Land Consisting Of Lot 12, Block 313 [A.K.A. 1519 El Paso Avenue], City Of Port Arthur, Jefferson County, Texas (9) P.R. No. 20763 — A Resolution Calling For A Public Hearing To Consider Granting A Specific Use Permit For Approximately 5.000- Acre Tract Of Land Out Of 15.985-Acres Of Land Out Of And A Part Of The John McGaffey League, Abstract No. 167 [A.K.A. 11351 South Gulfway Drive], Sabine Pass, Jefferson County, Texas (10) P.R. No. 20768 — A Resolution Calling For A Public Hearing To Consider Granting A Specific Use Permit For Approximately 0.4374- Acre Of Land Consisting Of Tracts 11-A And 13-A, Block 13, Rosemont Park Addition [A.K.A. 4248 9th Avenue / 3701 41st Street], City Of Port Arthur, Jefferson County, Texas (11) P.R. No. 20769 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $8,836.97 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Wastewater Conveyance Units #2069, #2070 And #2174 (12) P.R. No. 20770 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $10,850.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood Damage To The PEG Channel Electronics And Fiber Optic Lines At The Port Arthur Public Library As A Result Of Hurricane Harvey (August 30, 2017) 5 AGENDA APRIL 9, 2019 VI. CONSENT AGENDA — CONTINUED (13) P.R. No. 20776 — A Resolution Authorizing The Purchase Of Commercial Windstorm Coverage In An Amount Not To Exceed $538,727.55 Per Annum. Proposed Funding By: General Liability Insurance Fund 612-1702-581.52-00 ($583,727.55) (14) P.R. No. 20780 — A Resolution Authorizing The City Manager To Enter Into A Communication Facilities Leasing Agreement Between The City Of Port Arthur And GTE Mobilnet Of South Texas Limited Partnership DBA Verizon Wireless Of Basking Ridge, New Jersey To Install, Maintain, And Operate The Radio Communications Equipment, Antennas, And Appurtenances At The Water Tower At 1440 Terminal Road, Providing An Additional Source Of Revenue (15) P.R. No. 20788 — A Resolution Designating The Early Voting Ballot Board, Judges And Alternate Judges, Election Day Presiding Judges And Alternate Judges, As Well As Appointing, The Presiding Judge, Alternate Judge, Tabulation Supervisor, Ballot Production Specialist, Counting Station Manager And Election Records General Custodian Of The Central Counting Station For The May 4, 2019 General/Joint Election Una Resolucion Que Designa A La Junta De Votacion Anticipada, Jueces Y Jueces Alternos, Dia De Las Elecciones Presidiendo Jueces Y Jueces Alternos, Asi Como Nombrar Al Juez Presidente, Juez Alterno, Supervisor De Tabulacion, Especialista En Produccion De Balotas, Administrador De La Estacion Contable Y Registros De Eleccion Custodia General De La Estacion Contable Central Para La Eleccion General/Conjunta Del 4 De Mayo De 2019 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20749 — A Resolution Appointing And / Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Mayor Freeman) 6 AGENDA APRIL 9, 2019 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.R. No. 20759 — A Resolution Amending Resolution No. 19-037 As It Pertains To The Oversite, Removal And Disposal Of Two Aboveground Storage Tanks And Eleven Drums From The Former Port Arthur News Building At 549 4th Street By Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Amend The Environmental Consulting Services Agreement With Baer Engineering And Environmental Consulting, Inc. Of Austin, Texas, Amending The Not To Exceed Amount To $9,250 And Authorizing Entering Into A Separate Agreement With SWS Environment Services (An NRC Company) Of La Porte, Texas, At A Cost Not To Exceed $35,000 For Total Cost Not To Exceed $46,000; Funding Available In EDC Account No. 305-1606-591.82- 00, Project No. EDC 549 (3) P.R. No. 20760 — A Resolution Authorizing The City Manager To Execute Two (2) Contracts Between The City Of Port Arthur And The Fast Pitch American Softball Association, LLC. — Mid County Mojo 09 For The Use Of Stephen's Field And Eli Stelly Field Located At Cecil Reynolds Park (4) P.R. No. 20767 — A Resolution Designating And Establishing The Evento De Pascua, Also Known As The "Easter Event" Entertainment Area, Designating The Hispanic Group As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With The Hispanic Group (5) P.R. No. 20773 — A Resolution Authorizing The City Manager To Submit An Application To The State Of Texas, Through The Texas Park And Wildlife Department For The State Boating Access Program Grant For Assistance In The Repaving Of A Boat Launch Parking Lot Located At Pleasure Island; With A Grant Match Requirement Of 25% Of A Potential Award Of 75% Of The Project Cost (7) P.R. No. 20789 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Police Chief Advisory Committee (Requested By Councilmember Scott) AGENDA APRIL 9, 2019 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances — Non-Consent (1) P.O. No. 6761 — An Ordinance Delineating The Number Of Authorized Police Officer Positions In The Police Department (2) P.O. No. 6763 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting Specific Use Permit #234 To Allow The Land Use Of An "Auto Storage Or Wrecker Service" On 0.5018-Acre Of Land Consisting Of All Of tots 5 And 6, Block 1, Armstrong Place Subdivision [A.K.A. 3301 25th Street], City Of Port Arthur, Jefferson County, Texas (Violation Of Any Provision Of This Ordinance Shall Be Guilty Of A Misdemeanor And Shall Be Punished By A Fine Not Exceeding $2,000.00, As Provided In Chapter 1, Section 1-13 Of The Code Of Ordinances, And Each Day Which Violation Is Permitted To Exist Shall Constitute A Separate And Distinct Offense.); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date. Z19-01 (Sup #234) ABS Towing And Recovery (3) P.O. No. 6764 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting Specific Use Permit No. 233 To Allow The Land Use Of An "Auto Storage Or Wrecker Service" On 0.9693-Acre Of Land Consisting Of Lots 6, 7 And 9, Block 16, Boulevard Terrace Addition [A.K.A. 3189 25th Street], City Of Port Arthur, Jefferson County, Texas (Violation Of Any Provision Of This Ordinance Shall Be Guilty Of A Misdemeanor And Shall Be Punished By A Fine Not Exceeding $2,000.00, As Provided In Chapter 1, Section 1-13 Of The Code Of Ordinances, And Each Day Which Violation Is Permitted To Exist Shall Constitute A Separate And Distinct Offense.); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date. Z19-02 (Sup #233) Opie's Towing And Transport 8 AGENDA APRIL 9, 2019 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 And Receive Legal Advice Regarding Potential Claims/Lawsuits Initiated By The City Of Port Arthur (2) Section 551.071 Government Code — To Discuss And Receive Legal Advice From The City Attorney/Legal Counsel Regarding Potential Claims/Litigation Filed Against the City of Port Arthur (3) Section 551.072 Government Code — To Discuss The Value Of The Land Located On Cultural Center Drive (Texas Artists Museum Building) (4) Section 551.072 Government Code — To Discuss The Value Of The Land Located In The City's ETJ/Industrial District (5) Section 551.072 Government Code — To Discuss The Value Of The Land Located In Downtown Port Arthur (6) Section 551.087 Government Code — To Discuss Economic Development Incentives In The City's Industrial District/ETJ 9 AGENDA APRIL 9, 2019 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (7) Section 551.074 Government Code — To Discuss And Deliberate The Appointment Of The Position Of City Manager *THE ITEMS IN EXECUTIVE SESSION MAY BE DISCUSSED AND ACTED ON IN OPEN SESSION 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 April 10, 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 *************************************************** 10 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.