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HomeMy WebLinkAbout(5) JUNE 17, 2019 REGULAR MEETING REGULAR MEETING — June 17, 2019 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Scott gave the invocation followed with the pledge to the flag. The City Council of the City of Port Arthur met in Regular Session on Tuesday, June 11, 2019 at 5:33 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Derrick Freeman; Mayor Pro Tern Harold Doucet, Sr., Councilmembers Raymond Scott, Jr., Cal Jones and Thomas Kinlaw, III.; Interim City Manager Rebecca Underhill, City Secretary Sherri Bellard, City Attorney Valecia R. Tizeno, and Sergeant At Arms Chief of Police Tim Duriso. Councilmembers Charlotte Moses and Kaprina Frank were absent from the Regular Meeting. II. PROCLAMATIONS & MINUTES Proclamations - None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Greg Richard Regarding Texas Commission On Environmental Quality (TCEQ) & Environmental Concern Greg Richard, 509 H.O. Mills, appeared before the City Council to discuss the above- mentioned topic. (2) Fernando R. Ramirez Regarding Permission For Fiesta June 23, 2019 Fernando Ramirez, 2735 Lakeshore, appeared before the City Council to discuss the above-mentioned topic. VII. ITEMS REQUIRING INDIVIDUAL ACTION (1) P.R. No. 20874 — A Resolution Designating And Establishing The 1st International Hispanic Music Festival Entertainment Area, Designating Jose Gutierrez Of Exitos 100.9 Radio Station And Fernado Ramirez As Exclusive Concessionaires And Authorizing The City Manager To Execute Said Agreement The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Jones and carried, Proposed Resolution No. 20874 was adopted becoming Resolution No. 19-246. Voting Yes: Mayor Freeman; Mayor Pro Tem Doucet; Councilmembers Scott, Jones and Kinlaw. Voting No: None. The caption of Resolution No. 19-246 reads as follows: RESOLUTION NO. 19-246 A RESOLUTION DESIGNATING AND ESTABLISHING THE 1ST INTERNATIONAL HISPANIC MUSIC FESTIVAL ENTERTAINMENT AREA, DESIGNATING JOSE GUTIERREZ OF EXITOS 100.9 RADIO STATION AND FERNADO RAMIREZ AS EXCLUSIVE CONCESSIONAIRES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT III. PETITIONS & COMMUNICATIONS B. Presentations (1) A Presentation By Golden Pass LNG Regarding Crime Stoppers Of Southeast Texas Representatives of Golden Pass LNG gave the above-mentioned presentation. (2) A Presentation By Staff Regarding Hurricane Preparedness Police Major John Owens gave the above-mentioned presentation. (3) A Presentation By Staff Regarding Lake View Pool, Splash Pad & Soccer Field Parks and Recreation Director Chandra Alpough gave the above-mentioned presentation VII. ITEMS REQUIRING INDIVIDUAL ACTION (5) P.R. No. 20855 — A Resolution Authorizing The City Manager To Enter Into A Contract With Sigma Engineering, Inc., Of Beaumont, Texas For The Design Of A Splash Pad And Soccer Field At Lakeview Pool In An Amount Not To Exceed $39,360.00 Capital Improvement Fund Account Number 307-1601-591.95-00 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Kinlaw, seconded by Mayor Pro Tem Doucet and carried, Proposed Resolution No. 20855 was adopted becoming Resolution No. 19-247. Voting Yes: Mayor Freeman; Mayor Pro Tem Doucet; Councilmembers Scott, Jones and Kinlaw. Voting No: None. The caption of Resolution No. 19-247 reads as follows: RESOLUTION NO. 19-247 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH SIGMA ENGINEERING, INC., OF BEAUMONT, TEXAS FOR THE DESIGN OF A SPLASH PAD AND SOCCER FIELD AT LAKEVIEW POOL IN AN AMOUNT NOT TO EXCEED $39,360.00 CAPITAL IMPROVEMENT FUND ACCOUNT NUMBER 307- 1601-591.95-00 III. PETITIONS & COMMUNICATIONS (4) A Presentation By Staff Regarding The FY 2020 — FY 2024 Improvement Plan — Water Utilities Utility Operations Director Donnie Stanton gave the above-mentioned presentation C. Employee Recognition - None D. Correspondence - None City Council Minutes Regular Meeting —June 17, 2019 E. Discussion - None IV. PUBLIC HEARINGS — 6:00 PM - None V. UNFINISHED BUSINESS (1) P.R. No. 20886 — A Resolution Authorizing The Acceptance Of A Donation From Golden Pass LNG In The Amount Of $7,731.02 To Facilitate The City Of Port Arthur's Participation With Crime Stoppers Of Southeast Texas The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Mayor Pro Tem Doucet, seconded by Councilmember Jones and carried, Proposed Resolution No. 20886 was removed from the agenda. Voting Yes: Mayor Freeman; Mayor Pro Tern Doucet; Councilmembers Scott, Jones and Kinlaw. Voting No: None. VI. CONSENT AGENDA The motion was made by Councilmember Scott, seconded by Councilmember Jones the following Consent Agenda items were adopted with the exception of Proposed Resolutions No. 20764, 20765 and 20890: Voting Yes: Mayor Freeman; Mayor Pro Tern Doucet; Councilmembers Scott, Jones and Kinlaw. Voting No: None. A. Travel Request — None B. Expense Reports — None C. Minutes — None D. Resolutions (1) P.R. No. 20714 — A Resolution Authorizing A License For The Construction Of A Recreational Vehicle Park On Approximately 15.0436 Acres Of Land Consisting Of Lots 15, 27, 40 And The North 79' Of Lot 54, Peek Addition (Located At 105 F.M. Highway 365), Port Arthur, Jefferson County, Texas Proposed Resolution No. 20714 was adopted becoming Resolution No. 19-248. (4) P.R. No. 20803 — A Resolution Authorizing The City Manager To Accept Port Arthur Transit's Fiscal Year 2018 Apportionment From The Federal Transit Administration For Capital Improvements And Operating Fund Assistance Proposed Resolution No. 20803 was adopted becoming Resolution No. 19-249. (6) P.R. No. 20883 — A Resolution Authorizing The City Manager To Execute An Addendum Amending The Existing Contract Between Port Arthur Transit (PAT) And Huitt- Zollars Of Houston, Texas, For Additional Professional Architectural And Engineering Services Related To Port Arthur Transit's New Maintenance Facility And Electric Bus Charging Infrastructure, And Increasing The Amount By City Council Minutes 3 Regular Meeting —June 17, 2019 $15,800.00 To A New Total Of $215,800.00. Funds Are Available In Transit Account No. 401-1509-561.82-00 Proposed Resolution No. 20883 was adopted becoming Resolution No. 19-250. (7) P.R. No. 20885 — A Resolution Authorizing The Director Of Water Utilities To Purchase Various Degreasers And Biological Aids, Delineating Procedures For The Purchase Of Such Chemicals, With A Projected Budgetary Impact Of $60,000.00 From Account No. 410-1255-532.29-02, Treatment Chemicals Proposed Resolution No. 20885 was adopted becoming Resolution No. 19-251. (8) P.R. No. 20887 — A Resolution Authorizing The City Manager To Enter Into An Interlocal Agreement With The South East Texas Regional Planning Commission (SETRPC) To Participate In The Regional Emergency Notification Project Utilizing BlackBoard Connect Emergency Notification System Proposed Resolution No. 20887 was adopted becoming Resolution No. 19-252. (10) P.R. No. 20894 — A Resolution Authorizing The Execution And Submittal Of The Project Completion Report To The Texas General Land Office For The Hurricane Ike Round 2.2 Community Development Block Grant — Disaster Recovery (CDBG-DR Grant (Contract DRS220148) Proposed Resolution No. 20894 was adopted becoming Resolution No. 19-253. (11) P.R. No. 20896 — A Resolution Authorizing The City Manager To Execute An Addendum To The Three-Year Contracts With AT&T Through Texas Department Of Information Resources (TXDIR) For The Provision Of Voice, Data And Internet Communications. The Addendum Adds Advanced 911 Features At A Monthly Rate Of $1.00 Per Telephone Number. Funds For 25 Telephone Numbers At $25 Per Month Are Available In Information Technology Communications Account 001-1034-515.61-03 Proposed Resolution No. 20896 was adopted becoming Resolution No. 19-254. (12) P.R. No. 20902 — A Resolution Authorizing The City Of Port Arthur's City Council To Approve Additional Streets For Remediation In An Amount Not To Exceed $2.2 Million. Funding Is Available In The Capital Projects Street Account No. 307-1601-591.86-00 Proposed Resolution No. 20902 was adopted becoming Resolution No. 19-255. VII. ITEMS REQUIRING INDIVIDUAL ACTION Consent - Resolutions (2) P.R. No. 20764 — A Resolution Authorizing A Non-Exclusive Agreement With Crowder Gulf Of Theodore, Alabama For Debris Removal & Emergency Services For The City Of Port Arthur In The Event Of An Emergency Or Disaster The Mayor introduced the above-mentioned Proposed Resolution. City Council Minutes Regular Meeting —June 17, 2019 The motion was made by Mayor Pro Tern Doucet and seconded by Councilmember Jones that Proposed Resolution No. 20764 be adopted. Police Major John Owens appeared before the City Council to answer inquiries regarding the above-mentioned agreement. Voting Yes: Mayor Freeman; Mayor Pro Tern Doucet; Councilmembers Scott, Jones and Kinlaw. Voting No: None. Proposed Resolution No. 20764 was adopted becoming Resolution No. 19-256 The caption of Resolution No. 19-256 reads as follows: RESOLUTION NO. 19-256 A RESOLUTION AUTHORIZING A NON- EXCLUSIVE AGREEMENT WITH CROWDER GULF OF THEODORE, ALABAMA FOR DEBRIS REMOVAL & EMERGENCY SERVICES FOR THE CITY OF PORT ARTHUR IN THE EVENT OF AN EMERGENCY OR DISASTER (3) P.R. No. 20765 — A Resolution Authorizing A Non-Exclusive Agreement With Witt 0' Brien's Of Houston, Texas, For Debris Monitoring Services In The Event Of An Emergency Or Disaster The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Mayor Pro Tern Doucet, seconded by Councilmember Kinlaw and carried, Proposed Resolution No. 20765 was adopted becoming Resolution No. 19-257. Voting Yes: Mayor Freeman; Mayor Pro Tern Doucet; Councilmembers Scott, Jones and Kinlaw. Voting No: None. The caption of Resolution No. 19-257 reads as follow: RESOLUTION NO. 19-257 A RESOLUTION AUTHORIZING A NON- EXCLUSIVE AGREEMENT WITH WITT 0' BRIEN'S OF HOUSTON, TEXAS, FOR DEBRIS MONITORING SERVICES IN THE EVENT OF AN EMERGENCY OR DISASTER (9) P.R. No. 20890 — A Resolution Authorizing The City Manager To Enter Into A Non-Exclusive Product Sales Agreement With TOTAL Petrochemicals & Refining USA, Inc., To Provide Certain Quantities Of On-Road Diesel At TOTAL's Port Arthur, Texas Refinery In The Case Of An Emergency Or A Disaster With A Term Of The Agreement Form June 25, 2019 To June 25, 2021 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tern Doucet and seconded by Councilmember Scott that Proposed Resolution 20890 be adopted. Police Major John Owens appeared before the City Council to answer inquiries regarding the above-mentioned agreement. City Council Minutes 5 Regular Meeting —June 17, 2019 Upon the motion of Mayor Pro Tern Doucet, seconded by Councilmember Scott and carried, Proposed Resolution No. 20890 was amended by extending the contract until June 25, 2020. Voting Yes: Mayor Freeman; Mayor Pro Tern Doucet; Councilmembers Scott, Jones and Kinlaw. Voting No: None. Proposed Resolution No. 20890 was adopted, as amended, becoming Resolution No. 19-258. The caption of Resolution No. 19-258 reads as follows: RESOLUTION NO. 19-258 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A NON-EXCLUSIVE PRODUCT SALES AGREEMENT WITH TOTAL PETROCHEMICALS & REFINING USA, INC., TO PROVIDE CERTAIN QUANTITIES OF ON-ROAD DIESEL AT TOTAL'S PORT ARTHUR, TEXAS REFINERY IN THE CASE OF AN EMERGENCY OR A DISASTER WITH A TERM OF THE AGREEMENT FORM JUNE 25, 2019 TO JUNE 25, 2021 A. Resolutions (2) P.R. No. 20900 — A Resolution Approving An Economic Incentive Contract And, Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Tony & Anne Nguyen D/B/A Rai's Bakery. Funding Available In PAEDC Account No. 120-1429-582.59- 10 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Mayor Pro Tern Doucet, seconded by Councilmember Kinlaw and carried, Proposed Resolution No. 20900 was adopted becoming Resolution No. 19-259. Voting Yes: Mayor Freeman; Mayor Pro Tern Doucet; Councilmembers Scott, Jones and Kinlaw. Voting No: None. Proposed Resolution No. 20900 was adopted becoming Resolution No. 19-259. The caption of Resolution No. 19-259 reads as follows: RESOLUTION NO. 19-259 A RESOLUTION APPROVING AN ECONOMIC INCENTIVE CONTRACT AND, LOAN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND TONY & ANNE NGUYEN D/B/A RAI'S BAKERY. FUNDING AVAILABLE IN PAEDC ACCOUNT NO. 120-1429-582.59-10 City Council Minutes a Regular Meeting — June 17, 2019 B. Ordinances (1) P.O. No. 6782 — An Ordinance Repealing And Replacing Chapter 18, Article II Section 18-33 Permit Schedule Of The Building Code, Of The Code Of Ordinances Of The City Of Port Arthur, Thereby Adopting The State Mandated Requirements Of HB-852; Providing Certain Amendments Thereto; Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith; Providing A Penalty For Violation By Fine Not Exceeding Two Thousand Dollars ($2,000.00), As Provided In Section 18-43 Of The Code Or As Otherwise Imposed By State Law; And Providing For Publication And An Effective Date Immediately After Publication The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Kinlaw, seconded by Mayor Pro Tem Doucet and carried, Proposed Ordinance No. 6782 was adopted becoming Ordinance No. 19-29. Voting Yes: Mayor Freeman; Mayor Pro Tem Doucet; Councilmembers Scott, Jones and Kinlaw. Voting No: None. The caption of Ordinance No. 6782 reads as follows: ORDINANCE NO. 19-29 AN ORDINANCE REPEALING AND REPLACING CHAPTER 18, ARTICLE II SECTION 18-33 PERMIT SCHEDULE OF THE BUILDING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR, THEREBY ADOPTING THE STATE MANDATED REQUIREMENTS OF HB-852; PROVIDING CERTAIN AMENDMENTS THERETO; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING A PENALTY FOR VIOLATION BY FINE NOT EXCEEDING TWO THOUSAND DOLLARS ($2,000.00), AS PROVIDED IN SECTION 18-43 OF THE CODE OR AS OTHERWISE IMPOSED BY STATE LAW; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE IMMEDIATELY AFTER PUBLICATION (2) P.O. No. 6783 — An Ordinance Amending Chapter 18, Article VI -Mechanical Code, Of The Code Of Ordinances Of The City Of Port Arthur, Thereby Adopting The Revisions Required To Comply With HB-852; Providing Certain Amendments Thereto; Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith; Providing A Penalty For Violation By Fine Not Exceeding Two Thousand Dollars ($2,000.00), As Provided In Section 18-43 Of The Code Or As Otherwise Imposed By State Law; And Providing For Publication And An Effective Date Immediately After Publication The Mayor introduced the above-mentioned Proposed Ordinance. City Council Minutes Regular Meeting — June 17, 2019 Upon the motion of Councilmember Kinlaw, seconded by Mayor Pro Tern Doucet and carried, Proposed Ordinance No. 6783 was adopted becoming Ordinance No. 19-30. Voting Yes: Mayor Freeman; Mayor Pro Tern Doucet; Councilmembers Scott, Jones and Kinlaw. Voting No: None. The caption of Ordinance No. 19-30 reads as follows: ORDINANCE NO. 19-30 AN ORDINANCE AMENDING CHAPTER 18, ARTICLE VI -MECHANICAL CODE, OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR, THEREBY ADOPTING THE REVISIONS REQUIRED TO COMPLY WITH HB-852; PROVIDING CERTAIN AMENDMENTS THERETO; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING A PENALTY FOR VIOLATION BY FINE NOT EXCEEDING TWO THOUSAND DOLLARS ($2,000.00), AS PROVIDED IN SECTION 18-43 OF THE CODE OR AS OTHERWISE IMPOSED BY STATE LAW; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE IMMEDIATELY AFTER PUBLICATION (3) P.O. No. 6784 — An Ordinance Of The City Of Port Arthur, Texas Denying The Statement Of Intent Of Texas Gas Service Company, A Division Of One Gas Inc., To Increase Rates To Recover Hurricane Harvey Response Costs Within The Gulf Coast Service Area; Requiring Reimbursement Of Municipal Rate Case Expenses; Finding That The Meeting Complies With The Open Meetings Act; And Declaring An Effective Date For This Ordinance The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Kinlaw, seconded by Mayor Pro Tern Doucet and carried, Proposed Ordinance No. 6784 was adopted becoming Ordinance No. 19-31. Voting Yes: Mayor Freeman; Mayor Pro Tern Doucet; Councilmembers Scott, Jones and Kinlaw. Voting No: None. The caption of Ordinance No. 19-31 reads as follows: ORDINANCE NO. 19-31 AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS DENYING THE STATEMENT OF INTENT OF TEXAS GAS SERVICE COMPANY, A DIVISION OF ONE GAS INC., TO INCREASE RATES TO RECOVER HURRICANE HARVEY RESPONSE COSTS WITHIN THE GULF COAST SERVICE AREA; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE FOR THIS ORDINANCE City Council Minutes ti Regular Meeting — June 17, 2019 (4) P.O. No. 6785 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2018 And Ending September 30, 2019 By $126,500.00 For The General Fund, $200,000.00 For The Solid Waste Fund, $2,346,000.00 For The Capital Improvement Fund, And $15,000.00 For The Library Special Fund The Mayor introduced the above-mentioned Proposed Ordinance. 1 The motion was made by Councilmember Jones and seconded by Mayor Pro Tern Doucet that Proposed Ordinance No. 6785 be adopted. Fire Chief Larry Richard appeared before the City Council to answer inquiries regarding the above-mentioned budget. Voting Yes: Mayor Freeman; Mayor Pro Tern Doucet; Councilmembers Scott, Jones and Kinlaw. Voting No: None. Proposed Ordinance No. 6785 was adopted becoming Ordinance No. 19-32. The caption of Ordinance No. 19-32 reads as follows: ORDINANCE NO. 19-32 AN APPROPRIATION ORDINANCE AMENDING THE CITY OF PORT ARTHUR BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019 BY $126,500.00 FOR THE GENERAL FUND, $200,000.00 FOR THE SOLID WASTE FUND, $2,346,000.00 FOR THE CAPITAL IMPROVEMENT FUND, AND $15,000.00 FOR THE LIBRARY SPECIAL FUND VIII. ADJOURNMENT OF MEETING Upon the motion by Mayor Pro Tern Doucet, seconded by Councilmember Doucet and carried unanimously, the City Council adjourned their meeting 7:40 p.m. An audio-tape of this meeting is on file in the office of the City Secretary and is made a part of the official minutes of this meeting. MAYOR PRO TEM DOUCET ATTEST: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD June 17, 2019. APPROVED • City Council Minutes 9 Regular Meeting — June 17, 2019