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HomeMy WebLinkAboutAUGUST 13, 2019 REGULAR MEETING 5:30 PM THl'RMAN BILL BARTIE,MAYOR RON BURTON HAROLD DOUCET,SR. MAYOR PRO TEN] City of •yINTERIM CITY MANAGER COUNCIL MEMBERS: � SHERRI BELLARD,TRMC RAYMOND SCOT"I,JR. CITY SECRETARY CAL J.JONES nrt rt{tur I I IOMAS J.KINLAW III VAL TIZENO CHARLOTTE MOSES Trans CITY ATTORNEI' KAPRINA FRANK AGENDA N City Council Regular Meeting August 13, 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 August 13, 2019 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie Mayor Pro Tern Doucet, Sr. Councilmember Scott, Jr. Councilmember Jones Councilmember Kinlaw, III Councilmember Moses Councilmember Frank Interim City Manager Burton City Secretary Bellard, TRMC City Attorney Tizeno Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Greg Richard Regarding The Undisputed Truth (2) Joan Minard Jones Regarding The Hiring Of The City Manager (3) Hilton Kelly, Arthur Charles III, And Leon Wright, Sr. Regarding Creating A Workable Dialogue Between Council Of Governing Body And Renters Impacted By Hurricane Harvey B. Presentations — None C. Employee Recognition — None D. Correspondence — None IiirNvoimmommr omismy AGENDA AUGUST 13, 2019 III. PETITIONS & COMMUNICATIONS E. Discussion (1) Implementation Of A Pilot Program With Regard To Traffic Control Devices On Bernhardt Drive (Requested By Councilmember Kinlaw) IV. PUBLIC HEARINGS — 6:00 P.M. (1) To Consider A Zoning Change From Single Family "SF" To Heavy Commercial "HC". Approximately 8.512 Acres Of Land, Consisting Of Part Of Block 386, And All Of Blocks 387, 402, And 403, Together With Adjacent Alleys And Rights-Of-Way, City Of Port Arthur, Jefferson County, Texas. 1401 19th Street (Former Water Treatment Plant Site) 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 (Al) Mayor Thurman Bill Bartle: Pre-Approval To Attend The Texas Public Policy Foundation Austin, TX August 18 — 20, 2019 B. Expense Reports — None 2 iu AGENDA AUGUST 13, 2019 VI. CONSENT AGENDA — CONTINUED C. Minutes July 3, 2019 Special Meeting July 16, 2019 Special Executive Meeting July 16, 2019 Regular Meeting July 30, 2019 Regular Meeting August 5, 2019 Special Meeting D. Resolutions (1) P.R. No. 20827 — A Resolution Authorizing The City Manager To Reject A Bid From Daniels Building & Construction Inc., Of Beaumont, Texas To Rehabilitate Port Arthur Transit's (PAT) Transit Terminal And Authorize Re-Advertisement For Bids (2) P.R. No. 20893 — A Resolution Authorizing The City Manager To Enter Into A Contract With DNB Enterprises Of Houston, Texas To Furnish And Install A New 10,000 Gallon Split Double Wall Tank With New Piping, Fuel Management System And Single Hose Fuel Dispenser At Port Arthur Transit's (PAT) Propane Station, In The Amount Of $216,500.00. Funds Available In Account 401-1509- 561.82-00 (3) P.R. No. 20901 — A Resolution That Authorizes The City Manager To Provide The 20% Local Match For The Projected Thomas Boulevard Bike/Walking Path And The Seawall Drive Bike/Walking Path Projects Per TXDOT Guidelines With A Projected Budgetary Impact Of $247,998.00. Funds Will Be Included In The FY 2022 Budget (4) P.R. No. 20918 — A Resolution Authorizing The Purchase Of A 2019 Ford F750 8YD Dump Truck From Chastang Ford Of Houston, Texas, Under BuyBoard Contract No. 06-18, For The Public Works Drainage Division, With A Projected Budgetary Impact Of $77,825.00; Funds Are Available In The Capital Reserve Funding Public Works Drainage 625-1801-531.92-04 AGENDA AUGUST 13, 2019 VI. CONSENT AGENDA — CONTINUED (5) P.R. No. 20942 — A Resolution Authorizing The City Manager Purchase A G25N-7LP Fork Lift From Associated Supply Company, Inc. Of Beaumont, Texas Under BuyBoard Contract No. 515-16, For The Public Works Solid Waste Division, With A Projected Budgetary Impact Of $26,768.60; Funds Are Available In The Capital Reserve Funding Public Works Drainage 625-1801-533.92-00 (6) P.R. No. 20946 — A Resolution Authorizing Acceptance Of The Contractor's Certificate Of Completion And The Contractor's Certificate Of Guarantee For Overseeing Street Improvements At The Home Two Suites Plaza And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (7) P.R. No. 20947 — A Resolution Authorizing Acceptance Of The Contractor's Certificate Of Completion And The Contractor's Certificate Of Guarantee For Overseeing Street Construction In The Reserve At Pinewood Subdivision And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas (8) P.R. No. 20961 — A Resolution Authorizing The City Manager To Enter Into A Contract For The Purchase Of Sensus Meters For The Water Utilities Operations Department With Aqua-Metric Sales Company Of Selma, Texas In A Not To Exceed Amount Of $280,000.00. Funds Are Available In Water Utilities Operations Account #410-1253-532.35-00 (Water System Maintenance) (9) P.R. No. 20968 — A Resolution Requesting Authorization Of The City Council Of Port Arthur Transit's Intent To Participate In And Apply For The Texas Department Of Transportation's 2019 Transportation Alternatives Set-Aside (TA) Grant Program (10) P.R. No. 20976 — A Resolution Authorizing The City Manager To Negotiate A Contract With Stuart Consulting Group (SCG) Of Houston, Texas For The Engineering And Design Of Four (4) Drainage Projects Funded By The Hazard Mitigation Grant Program (HMGP) And The Community Development Block Grant — Disaster Recovery (CDBG-DR) 4 AGENDA AUGUST 13, 2019 VI. CONSENT AGENDA — CONTINUED (11) P.R. No. 20983 — A Resolution Authorizing The City Manager To Enter Into A Contract For One Year For The Utilities Department With Evoqua Water Technologies Of Sarasota, Florida, With A Projected Budgetary Impact Of $351,600.00. Funding Is Available In Account No. 410-1252-532.29-02 (Treatment Chemicals) (12) P.R. No. 20984 — A Resolution Authorizing The City Manager To Enter Into A Janitorial Services Contract For The Utility Service Center With Acire Enterprise, LLC Of Beaumont, Texas With An Annual Projected Budgetary Impact Of $20,800.00, Funding Is Available In Account No. 410-1253-532.59-00, Other Contractual Services (13) P.R. No. 20985 — A Resolution Authorizing The City Manager To Execute An Agreement With ICM Of Beaumont, Texas For Removal Of HVAC Controls And Replacement Of New Standard HVAC Controls At The Civic Center, Library, Recreation Center, City Hall And Annex And Water Plant For An Amount Of $45,145.00. Funds Are Available In Accounts 001-1061-518-32-00 (Civic Center), 001- 1403-551.32-00 (Library), 001-1402-551.32-00 (Parks & Recreation) And 001-1206-531.32-00 (Public Works) (14) P.R. No. 20986 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Gulf Coast Electric Co., Inc. Of Beaumont, Texas, For Repairs To The Parking Lot Lights At The Port Arthur Civic Center And Public Library, In The Total Not To Exceed Amount Of $400,620.00. Funds Are Available In The Hurricane Account 147-2300-901-51-00, Project 082617 (15) P.R. No. 20987 — A Resolution Authorizing The City Manager To Make A Payment To The Texas Commission On Environmental Quality (TCEQ) For The Third Quarter Fee For Landfill Disposal With A Not To Exceed Amount Of $36,485.42. Funding Is Available In Account No. 403-1274-533.59-01, Public Works Department Landfill Division - Regulatory Fees/Fines AGENDA AUGUST 13, 2019 VI. CONSENT AGENDA — CONTINUED (16) P.R. No. 20988 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Excavation And Construction, LLC Of Port Arthur, Texas For 15th Street Improvements From Vera Drive To Main Avenue Increasing The Contract Completion Term By 27 Calendar Days To A New Term Of 177 Calendar Days With No Change To The Contract Amount Of $289,350.70. Funding Is Available In The Capital Improvement Streets Account Number 307-1601-591.86-00. Project No. ST1PO4 (17) P.R. No. 20989 — A Resolution Awarding A Bid And Authorizing The City Manager To Execute A Contract With Elite Contractors And Equipment Of Kirbyville, Texas For Willow Avenue Paving Improvements In The Amount Of $603,530.00 And 60th Street Paving Improvements In The Amount Of $775,500.00; For The Total Amount Of $1,379,030.00; Funding Is Available In The Capital Improvement Streets Account Number 307-1601-591.86-00 (18) P.R. No. 20990 — A Resolution Awarding A Bid And Authorizing The City Manager To Execute A Contract With Greenscapes Six, LLC Of Baytown, Texas For Carolina Avenue Paving Improvements In The Amount Of $1,211,583.50. Funding Is Available In The Capital Improvement Streets Account Number 307-1601-591.86-00 (19) P.R. No. 20995 — A Resolution Authorizing The City Manager To Negotiate A Contract Between The City Of Port Arthur And BKD, LLP As Independent Auditor For The City Of Port Arthur For Fiscal Year 2019 With The Option To Renew For Four Subsequent Years (20) P.R. No. 21005 — A Resolution Authorizing The City Manager To Execute The Memorandum Of Understanding With The Port Arthur Independent School District As It Pertains To The Responsibilities Of The Agencies During Hurricane Evacuation (21) P.R. No. 21010 — A Resolution Authorizing The City To Enter Into A Long Term Temporary Street Closure Agreement With Spawglass Construction Corporation For The Construction And Remodeling Of The Federal And Adams Buildings, From May 15, 2019 Through December 31, 2021 6 AGENDA AUGUST 13, 2019 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20750 — A Resolution Amending The Certification Process Of The Port Arthur Business Enterprise (PABE) By Adding The Tier II Certification (2) P.R. No. 20895 — A Resolution Authorizing The City Manager To Enter Into A Sale And Purchase Agreement Between The City Of Port Arthur And On Behalf Of Aurora Capital Holdings, LLC., For The Purchase Of The Sabine Hotel (600 Procter) And The Adjacent Sabine Parking Lot Tracts (612, 618, 630, 638 And 648 Procter) (3) P.R. No. 20991 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Jones) B. Ordinances — Non-Consent (1) P.O. No. 6794 — An Ordinance Approving The Appraisal Rolls For The Year 2019 And Receiving Determinations From The Tax Assessors Under Section 26.04 Of The Texas Property Tax Code (2) P.O. No. 6795 — An Ordinance Authorizing The Retirement Of Police Canine "Taz" And Transferring The Ownership Of The Canine To The Personal Care Of Elite Protective Services, LLC 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 August 14, 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 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.