HomeMy WebLinkAboutMAY 21, 2019 REGULAR MEETING 5:30 PM DERRICK FORD FREEMAN,MAYOR _ Energy REBECCA UNDERHILL
HAROLD DOUCET,SR.MAYOR PRO TEM City of Ci' INTERIM CITY MANAGER
COUNCIL MEMBERS: 4SHERRI 13ELLARD,TRMC
RAYMOND SCOTT,JR. CITY SECRETARY
CAL J.JONES ort rlhur
THOMAS J. KINLAW III VAL TIZENO
CHARLOTTE MOSES Texas CITY ATTORNEY
KAPRINA FRANK
AG E N DA
City Council
Regular Meeting
May 21, 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
May 21, 2019
5:30 PM
PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES
I. INVOCATION, PLEDGE & ROLL CALL
Mayor Freeman
Mayor Pro Tern Doucet, Sr.
Councilmember Scott, Jr.
Councilmember Jones
Councilmember Kinlaw, III
Councilmember Moses
Councilmember Frank
Interim City Manager Underhill
City Secretary Bellard, TRMC
City Attorney Tizeno
Police Chief Duriso Or Designee
II. PROCLAMATIONS
Proclamations
III. PETITIONS & COMMUNICATIONS
A. Speakers — None
B. Presentations
(1) A Presentation By Whitley Penn Regarding The Comprehensive
Annual Financial Report
C. Employee Recognition — None
D. Correspondence — None
AGENDA
MAY 21, 2019
III. PETITIONS & COMMUNICATIONS — CONTINUED
E. Discussion
(1) A Discussion Regarding Electioneering Outside The 100 Feet
Distance Marker (Requested By Mayor Pro Tern Doucet)
(2) A Discussion Regarding Code Enforcement (Requested By Mayor
Pro Tern Doucet)
IV. PUBLIC HEARINGS — 6:00 P.M.
(1) To Consider Whether Or Not Public Convenience And Necessity
Require The Operation In The City Of The Proposed Wrecker
Company And To Authorize The Chief Of Police To Issue A Wrecker
Permit For The Following Named Business:
ABS Towing & Recovery
Susan Richard, Owner/Operator
3349 25th Street
Port Arthur, TX 77642
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Withdrawn For Individual Consideration In Its Normal Sequence After The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 — None
B. Expense Reports — None
AGENDA
MAY 21, 2019
VI. CONSENT AGENDA — CONTINUED
C. Minutes
April 23, 2019 Special Executive Meeting
D. Resolutions
(1) P.R. No. 20771 — A Resolution Authorizing Change Order No. 01 To
The Contract Between The City Of Port Arthur And SETEX
Construction Corp Of Beaumont, Texas For The Renovation Of The
Equipment Services Building, Decreasing The Contract Amount By
$5,075.42, To A New Contract Total Of $89,399.16, And
Authorizing The Release Of The Retainage In The Amount Of
$4,469.96. Funding Is Available In Hurricane Harvey Account No.
147-2300-909.32-00 Project No. 082617
(2) P.R. No. 20772 — A Resolution Authorizing The City Manager To
Enter Into A Memorandum Of Understanding Between The City Of
Port Arthur And The Texas Artists Museum Society, For The
Management Of The Texas Artists Museum Society (TAMS) Building
(3) P.R. No. 20778 — A Resolution Authorizing The City Manager To
Execute A Loan Agreement Between The City Of Port Arthur And
Chandra Jones For Participation In The City Of Port Arthur's Owner
Occupied Housing Assistance Rehabilitation And Reconstruction
Program
(4) P.R. No. 20793 — A Resolution Designating Areas Of The City Of
Port Arthur As Neighborhood Empowerment Zones #9, #10 And
#11 Pursuant To The Texas Neighborhood Empowerment Zone Act
(Texas Local Government Code, Chapter 378)
(5) P.R. No. 20824 — A Resolution Calling For A Public Hearing To
Consider Granting A Specific Use Permit For Approximately 17.970-
Acres Of Land Called Tract 1-A Out Of A 24.61-Acre Tract Of Land,
Tracts 1-A And 1-B, Block 18, Range "M", Port Arthur Land
Company Subdivision In The William McFaddin Survey, Section No.
4, Abstract No. 420, City Of Port Arthur, Jefferson County, Texas
AGENDA
MAY 21, 2019
VI. CONSENT AGENDA — CONTINUED
(6) P.R. No. 20825 — A Resolution Authorizing The City Manager To
Terminate A Professional Services 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 From Twin
City Highway To Tyrrell Parkway And Sunken Court — Phase II
From Tyrrell Parkway To North Park Drive
(7) P.R. No. 20841 — A Resolution Authorizing The City Manager To
Negotiate A Contract With Tyler Technologies Of Dallas, Texas For
The Purchase And Implementation Of An Enterprise Resource
Planning (ERP) System And Municipal Court System
(8) P.R. No. 20842 — A Resolution Approving The FY 2019-2020
Contract Amendment Between The City Of Port Arthur And The
Department Of State Health Services, Immunization Branch-Local
To Extend The Contract Period Through August 31, 2020 And Add
Funding In The Amount Of $162,300.00. The Total Amount Of This
Contract Will Not Exceed $325,260.00. No Cash Match Is Required
(9) P.R. No. 20844 — A Resolution Authorizing The City Manager To
Execute A Contract With M & R's Elite Janitorial Solutions Of
Houston, Texas, For Janitorial Services For City Hall And City Hall
Annex, With An Annual Projected Budgetary Impact Of $39,960.00.
Funding Available In Public Works — Building Maintenance Account
No. 001-1206-531.59-00
(10) P.R. No. 20845 — A Resolution Authorizing The City Manager To
Execute An Agreement Between The City Of Port Arthur And Briggs
Equipment Of Beaumont, Texas For Rental Of The Temporary Light
Towers For The Civic Center And Library Parking Lots In The
Amount Of $275.00 Per Unit Per Month Plus Additional Fees, With A
Projected Monthly Cost Of $5,644.00, Not To Exceed $67,728.00.
Funds Available In Account 147-2300-901-51-00 Project 082617
(Hurricane Account)
4
AGENDA
MAY 21, 2019
VI. CONSENT AGENDA — CONTINUED
(11) P.R. No. 20846 — A Resolution Approving The Contract Between
The City Of Port Arthur And The Department Of State Health
Services In The Not To Exceed Amount Of $25,278.00 With A 20%
Cash City Match Of $5,056.00. This Is Contingent On The
$5,056.00 Being Budgeted In The City's General Fund For FY 2019-
2020. The Contract Period Is From September 1, 2019 Through
August 31, 2020
(12) P.R. No. 20848 — A Resolution Authorizing The City Manager To
Purchase Traffic Control Products For Cubic Trafficware Of
Sugarland, Texas Under The BuyBoard Contract #534-17 For The
Replacement, Repair And Maintenance Of Traffic Signals
Throughout The City With A Budgetary Impact Of $86,345.00;
Funding Is Available In Public Works Traffic Maintenance Signal
Systems Account 001-1205-531.45-00
(13) P.R. No. 20852 — A Resolution Amending Resolution No. 18-385 As
It Pertains To The Amount Requested For Financial Assistance
From The Texas Water Development Board And Authorizing The
Filing Of An Amended Application For Assistance From The Clean
Water State Revolving Fund
(14) P.R. No. 20856 — A Resolution Authorizing The City Manager To
Enter Into An Interlocal Agreement Between The City Of Port
Arthur And Jefferson County Precinct-3 To Cut The Grass For The
North And South Levees Of Pleasure Island, Repair A Portion Of S.
1st Street From The Port Authority Gate To The End Of The Street
(Boat Launch) (2800'), Repair Backridge Road From The County
Line To The State Line (5000') In Sabine Pass, And Permission To
Use Property ID 137914 (Tracts 47 And 48, 167 John McGaffey 6,
Lots 47 And 48) Cemetery Lot, With A Projected Budgetary Impact
Of $77,117.57. Funding Is Available In The Public Works
Maintenance Account No. 001-1203-531.36-00
5
AGENDA
MAY 21, 2019
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions — Non-Consent
(1) P.R. No. 20813 — A Resolution Authorizing The Chief Of Police To
Issue A Wrecker Business Permit To ABS Towing & Recovery
Located At 3349 25th Street, Port Arthur, Texas
(2) P.R. No. 20830 — A Resolution Approving An Economic
Development Conditional Grant Agreement Between MP1
Construction, LLC And The City Of Port Arthur Section 4A Economic
Development Corporation For An Amount Of $166,680.00; Funding
Available In EDC Account No. 120-1429-582.59.01
(3) P.R. No. 20831 — A Resolution Approving An Economic
Development Conditional Grant Agreement Between The City Of
Port Arthur Section 4A Economic Development Corporation And
Max Holdings, LLC For An Amount Of $118,800.00; Funds Available
In EDC Account No. 120-1429-582.59.01
(4) P.R. No. 20832 — A Resolution Authorizing The City Of Port Arthur
Section 4A Economic Development Corporation To Enter Into A
Micro-Loan Agreement With Angel Forrest For The Amount Of
$15,000.00 For A New Business Known As HAIMA Professional
Training Center, LLC; Funds Available In PAEDC Account Number
119-1426-554.54-00
(5) P.R. No. 20833 — A Resolution Approving The Sale Of Land In The
City Of Port Arthur Section 4A Economic Development Corporation's
Spur 93 Business Park To Mid-County Plaza, LLC
(6) P.R. No. 20834 — A Resolution Approving The Sale Of Land In The
City Of Port Arthur Section 4A Economic Development Corporation's
Spur 93 Business Park To Rustin Penland
(7) P.R. No. 20835 — A Resolution Approving The Sale Of Land In The
City Of Port Arthur Section 4A Economic Development Corporation's
Spur 93 Business Park To B&B Ice, Inc.
6
AGENDA
MAY 21, 2019
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
(8) P.R. No. 20836 — A Resolution Approving The Closing Of The
Economic Development Conditional Grant Agreement Between The
City Of Port Arthur Section 4A Economic Development Corporation
And Joe's Shopping Plaza, LLC
(9) P.R. No. 20837 — A Resolution Approving The Award Of A Contract
By The City Of Port Arthur Section 4A Economic Development
Corporation To Sitek Omni Services, LLC For Asbestos, Lead And
Mold Abatement And Interior Demolition At The Former Port Arthur
News Building Located 549 4th Street, Port Arthur, Texas In An
Amount Not To Exceed $293,400.00; Funds Available In EDC
Account No. 305-1606-591.82.00
(10) P.R. No. 20838 — A Resolution Approving The City Of Port Arthur
Section 4A Economic Development Corporation Entering Into An
Agreement With Total Safety For The Management And Monitoring
Services Over The Abatement Contractor For The Removal Of
Asbestos, Lead And Mold And Interior Demolition At The Former
Port Arthur News Building Located 549 4th Street, Port Arthur,
Texas For A Cost Not To Exceed $47,900.00; Funds Available In
EDC Account No. 305-1606-591.82.01
(11) P.R. No. 20839 — A Resolution Authorizing A One-Year Renewal Of
The City Of Port Arthur Section 4A Economic Development
Corporation Agreement With Tender Loving Care Center For
Children (TLCCC) DBA Legacy Community Development
Corporation (Legacy CDC) To Manage Its Affordable Housing
Program At A Cost Not To Exceed $35,000.00; (PAEDC Funding
Account No. 120-1429-582.54 -11 — Consultant)
(12) P.R. No. 20840 — A Resolution Naming The New Courtyard At The
Port Arthur Public Library "The Ray Cline Courtyard"
(13) P.R. No. 20847 — A Resolution Authorizing The Submission Of
Federal Home Loan Application For The Port Arthur Housing
Authority Application Federal Home Loan Bank Board (FHLBB)
AGENDA
MAY 21, 2019
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
B. Ordinances — Non-Consent
(1) P.O. No. 6771 — An Ordinance Amending Article III (Recreational
Vehicle Parks) Of Chapter 58 (Manufactured Homes, Mobile Homes,
Recreational Vehicles And Parks) Of The City Of Port Arthur Code
Of Ordinances; Violation Of This Ordinance Are Punishable As
Provided In Section 1-8 Of The City Code Of Ordinances As
Amended By Fine Not Exceeding Two Thousand [$2,000.00]
Dollars); And Providing For Publications In The Official Newspaper
Of The City Of Port Arthur And Effective Date
Recreational Vehicle Parks
(2) P.O. No. 6773 — An Ordinance Amending The Zoning Ordinance Of
The City Of Port Arthur By Granting Specific Use Permit No. 235
(SUP #235) To Allow For The Operation Of A Beauty Shop In A
Two-Family Zoned District On 0.1607 Acre Of Land Consisting Of
Lot 12, Block 313 City Of Port Arthur Addition [A.K.A. 1519 El Paso
Avenue], Port Arthur, Jefferson County, Texas (Violation Of This
Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is
Punishable As Provided In Section 1-13 Of The Code Of Ordinances
As Amended By Fine Not Exceeding Two Thousand [$2,000.00]
Dollars); And Providing For Publications In The Official Newspaper
Of The City Of Port Arthur And Effective Date
(Z19-03 — Amanda Vincent)
1519 El Paso Avenue
SUP #235
8
AGENDA
MAY 21, 2019
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT —
CONTINUED
(3) P.O. No. 6774 — An Ordinance Amending The Zoning Ordinance Of
The City Of Port Arthur By Granting Specific Use Permit No. 236
(SUP #236) To Allow For The Construction And Operation Of A
Recreational Vehicle (RV) Park In An Agricultural Zoned District On
A 5.00-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
(Violation Of This Ordinance Or The Zoning Ordinance Of The City
Of Port Arthur Is Punishable As Provided In Section 1-13 Of The
Code Of Ordinances As Amended By Fine Not Exceeding Two
Thousand [$2,000.00] Dollars); And Providing For Publications In
The Official Newspaper Of The City Of Port Arthur And Effective
Date
(Z19-04 — David & Carolyn Crain)
11351 South Gulfway Drive
SUP #236
(4) P.O. No. 6775 — An Ordinance Amending The Zoning Ordinance Of
The City Of Port Arthur By Granting Specific Use Permit No. 237
(SUP# 237) In Planned Development District — 14 (PD-14) To Allow
For The Development Of A Retail Strip Center On 0.2960-Acre Of
Land Consisting Of Tract 13-A Replat Of Lots 13-16, Block 13,
Rosemont Park Addition [A.K.A. 3701 41St Street] And Commercial
Office Space Or Restaurant On 0.1414-Acre Of Land Consisting Of
Tract 11-A Replat Of Lots 11 & 12, Block 13, Rosemont Park
Addition [A.K.A. 4248 9th Avenue], Port Arthur, Jefferson County,
Texas (Violation Of This Ordinance Or The Zoning Ordinance Of
The City Of Port Arthur Is Punishable As Provided In Section 1-13
Of The Code Of Ordinances As Amended By Fine Not Exceeding
Two Thousand [$2,000.00] Dollars); And Providing For Publications
In The Official Newspaper Of The City Of Port Arthur And Effective
Date
(Z18-04 — Heraldo Munoz)
3701 41st Street/4248 9th Avenue
SUP #237
9
AGENDA
MAY 21, 2019
VIII. ADJOURNMENT OF MEETING
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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 22, 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
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In
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.