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HomeMy WebLinkAbout(1) SEPTEMBER 24, 2019 REGULAR MEETING REGULAR MEETING — September 24, 2019 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Frank 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, September 24, 2019 at 8:33 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Pro Tern Harold Doucet, Sr.; Councilmembers Thomas Kinlaw, III, Charlotte Moses and Kaprina Frank; Interim City Manager Ron Burton; City Secretary Sherri Bellard; City Attorney Valecia R. Tizeno and Sergeant At Arms Police Chief Tim Duriso. Mayor Thurman "Bill" Bartie joined the Regular Meeting at 10:01 a.m. Councilmember Cal Jones joined the Regular Meeting at 8:43 a.m. Councilmember Raymond Scott was absent from the Regular Meeting. II. PROCLAMATIONS & MINUTES - None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Terry Bates Regarding Vagrancy, Pan Handling and Water Bills Terry Bates, 4427 11th Street, appeared before the City Council to discuss the above- mentioned topic. (2) Jay Hall Regarding Downtown Redevelopment Speaker rescheduled appearance. Not present. (3) Bill Worsham Regarding Pleasure Island Development Bill Worsham, 906 Southwind, appeared before the City Council to discuss the above- mentioned topic. (4) Dr. Levy Q. Barnes, Jr., Regarding Christmas With Dr. Levy At The Pavilion Not present. (5) Fernando R. Ramirez Regarding Fiesta Downtown Speaker rescheduled appearance. Not present. B. Presentations (1) Presentation By Staff Regarding The August Financial Report Interim Finance Director Kandy Daniel gave the above-mentioned presentation. IV. PUBLIC HEARING(S) - 9:00 AM (1) A Public Hearing To Consider Whether To Amend Appendix A, Section 7, Use Of Land And Buildings And Section 13, Mobile Home District Regulations Of The Zoning Ordinance To Remove The Allowance Of Mobile Homes As A Permitted Use Within The City And To Consider Whether To Continue To Make Recreational Vehicle Parks Allowed By Right And/Or To Require Special Use Permits In Fewer Districts The Mayor introduced the above-mentioned Public Hearing at 9:00 a.m. Senior Planner Larry Baton appeared before the City Council and gave an overview of the above-mentioned item. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned item. No one appeared before the City Council to address the above-mentioned item. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Frank and carried unanimously, the City Council closed the Public Hearing at 9:05 a.m. (2) A Public Hearing To Consider Whether To Extend The Existing Section 4A (Type A Economic Development Corporation) Sales And Use Tax Within The City Of Port Arthur For The Cost Of Land, Buildings, Equipment, Facilities, And Improvements Found By The City Of Port Arthur Section 4A Economic Development Corporation Board Of Directors To Be Required Or Suitable For The Promotion Of Development And Expansion Of Affordable Housing, As Described By 42 U.S.C. 12745, With A Project Area Bounded By Atlanta Street On The West, 8th Street On The North, Nashville Street On The East And 5 Street On The South Within The City Of Port Arthur, Texas, Which Is A Category Of Projects Under Section 505.153 Of The Local Government Code (Type B Economic Development Corporation), With The Condition It Will Be Limited To Single Family Dwellings And The Total Annual Spending By The City Of Port Arthur Section 4A Economic Development Corporation Will Not Exceed $300,000.00. **Said Period Of Time Can Be Extended An Additional Three (3) Years By The City Council By A Two-Thirds (2/3) Vote Of The City Council After Reviewing Public Comment On The Proposed Cost And Impact Of The Project (Requested By The EDC Board Of Directors) The Mayor introduced the above-mentioned Public Hearing at 9:06 a.m. The City Attorney gave an overview of the above-mentioned item. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned item. The following citizens appeared before the City Council to address the above-mentioned item: Joann Jones, 640 E. 10th Street City Council Minutes Regular Meeting — September 24, 2019 2 Warren Field, 1147 60th Street Greg Richard, 509 H.O. Mills Upon the motion of Councilmember Moses, seconded by Councilmember Frank and carried unanimously, the City Council closed the Public Hearing at 9:15 a.m. III. PETITIONS & COMMUNICATIONS B. Presentations (2) Presentation By Mickey Moshier, JS Edwards And Sherlock Insurance Consultant Regarding Recommended Changes To The City Of Port Arthur's Major Medical, Dental And Life Insurance Benefits (Blue Cross / Blue Shield) Mickey Moshier, JS Edwards and Sherlock Insurance Consultant gave the above- mentioned presentation. C. Employee Recognition — None D. Correspondence — None E. Discussion — None VI. CONSENT AGENDA Upon the motion of Councilmember Moses, seconded by Councilmember Frank and carried, the following Consent Agenda items were adopted with the exception of Proposed Resolutions No. 21032, 21061, 21062 and 21070: Voting Yes: Mayor Pro Tern Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. A. Travel Request — None B. Expense Reports — None C. Minutes August 27, 2019 Regular Meeting August 29, 2019 Special Meeting September 3, 2019 Special Meeting September 10, 2019 Special Executive Meeting September 10, 2019 Regular Meeting September 16, 2019 Special Meeting D. Resolutions (1) P.R. No. 20774 — A Resolution Authorizing The City Manager To Enter Into An Interlocal Cooperation Contract With Spindletop Center (MHMR) To Participate In The Mental Health Liaison Program Proposed Resolution No. 20774 was adopted becoming Resolution No. 19-396. (2) P.R. No. 20926 — A Resolution Awarding A Contract To AAR, Inc., In The Amount Of $141,175.00 And Authorizing The Execution Of A Contract By The City Manager For City Council Minutes Regular Meeting — September 24, 2019 3 Asbestos/Lead Abatement And Demolition Of Ten (10) Dangerous Commercial Properties Located Throughout The City, To Be Charged To Account No. 001-1052-517.59-00 (General Fund Other Contractual Service) Proposed Resolution No. 20926 was adopted becoming Resolution No. 19-397. (3) P.R. No. 20927 — A Resolution Awarding A Contract To Lark Group, Inc., In The Amount Of $42,600.00 And Authorizing The Execution Of A Contract By The City Manager For Demolition Of Five (5) Dangerous Commercial Properties Located Throughout The City, To Be Charged To Account No. 001-1052-517.59-00 (General Fund-Other Contractual Service) Proposed Resolution No. 20927 was adopted becoming Resolution No. 19-398. (4) P.R. No. 21002 — A Resolution Authorizing The City Manager To Rent For Up To 18 Months A Filter System With Aqua-Aerobic Systems, Inc. Of Loves Park, Illinois, To Enable Dewatering Of Collection System And Adequate Treatment Of Elevated Flows In Sabine Pass For A Contract Price Of $190,000.00; Funding Is Available In FY2020, Account No. 405-1621-532.83-00, Sewer System Proposed Resolution No. 21002 was adopted becoming Resolution No. 19-399. (5) P.R. No. 21016 — A Resolution Authorizing The Calling Of A Public Hearing On Tuesday, October 22nd At 9:00 A.M., To Consider Whether Or Not To Issue A Major Pipeline Permit To Enterprise TE Products Pipeline Company, LLC Of Houston Texas For The Installation Of A Twelve (12") And Sixteen (16") Inch Buried Carbon Steel Pipeline Within The City Limits Of Port Arthur, Texas Proposed Resolution No. 21016 was adopted becoming Resolution No. 19-400. (6) P.R. No. 21028 — A Resolution Authorizing The Director Of Water Utilities To Purchase Polymers And Delineating Procedures For The Purchase Of Other Chemicals, With An Estimated Combined Budgetary Impact Of $1,645,000.00. Funding Available In Water Utilities Account Nos. 410- 1252-532.29-02, $1,510,000.00, (Water Treatment Chemicals) And 410-1256-532.29-02, $135,000.00 (Wastewater Treatment Chemicals) Proposed Resolution No. 21028 was adopted becoming Resolution No. 19-401. (8) P.R. No. 21037 — A Resolution Authorizing The City Manager To Enter Into The Second Year (First And Final Renewal) Of The Contract With Whit's Grass Cutting Of Port Arthur, Texas For Grass Cutting Services At The Civic Center Department Buildings With A Projected Budgetary Impact Of $38,500.00 Per Year. Funding Available In Civic Center Account Number 001-1061-518.31-00 Proposed Resolution No. 21037 was adopted becoming Resolution No. 19-402. (9) P.R. No. 21041 — A Resolution Authorizing The City Manger To Execute The Second Year (First Renewal) Of The Contract With Civitas, LLC For Environmental Services With City Council Minutes Regular Meeting — September 24, 2019 4 The Option To Renew For One Year With Civitas, LLC, Of Mount Pleasant, South Carolina For Environmental Review Services For The Projected Mount Of $33,500.00. Funds Are Budgeted In The Federal Community Development Block Grant Program, Account Number 105-1431-552-59.00, Project Number C44122, C44144, C45144, And The State Home Investment Partnerships Program Account Number 151-2141-626.59-00 Proposed Resolution No. 21041 was adopted becoming Resolution No. 19-403. (10) P.R. No. 21043 — A Resolution Authorizing The City Manager To Enter Into A Contract With Core & Main Of Beaumont, Texas, For The Purchase Of Repair Clamps For The Utility Operations Department, With An Annual Projected Budgetary Impact Of $204,473.78. Funding Is Available In Account Nos. 410-1253-532.35-00 (Water System), & 410-1255-532.33-00, (Sanitary Sewer System) Proposed Resolution No. 21043 was adopted becoming Resolution No. 19-404. (11) P.R. No. 21045 — A Resolution Authorizing The City Manager To Execute A Permanent Easement Agreement With Enterprise TE Products Pipeline Company For The Purpose Of Maintaining Three (3) Existing Pipelines Within The City Limits Of Port Arthur Proposed Resolution No. 21045 was adopted becoming Resolution No. 19-405. (12) P.R. No. 21048 — A Resolution Rescinding Resolution No. 19-360 In Its Entirety As It Pertains To The Approval Of Entering Into A Service Agreement With Classic Forms And Products Of Beaumont For The Printing And Mailout Of The 8th Annual PAEDC Newsletter Proposed Resolution No. 21048 was adopted becoming Resolution No. 19-406. (13) P.R. No. 21049 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Entering Into A Service Agreement With Kirksey's Sprint Printing Of Beaumont For The Printing And Mailout Of The 8th Annual PAEDC Newsletter IN An Amount Not To Exceed $17,000.00 Account No. 120-1429-582.59-06 Proposed Resolution No. 21049 was adopted becoming Resolution No. 19-407. (14) P.R. No. 21055 — A Resolution Authorizing The City Manager To Enter Into A Contract With Spidle & Spidle, Inc. Of Port Arthur, Texas For The Lease Of A 2,000 Gallon Diesel Tank And Purchase The Supplementary Fuel For A 6 Month Term. Not To Exceed Amount of $80,000.00. Funds Are Available In 401-1501-561.24-00 Proposed Resolution No. 21055 was adopted becoming Resolution No. 19-408. (15) P.R. No. 21056 — A Resolution Authorizing The City Manager To Enter Into An Agreement For Independent Professional Services Between The City Of Port Arthur And Laura Kay Emmert, A Medical Laboratory Technologist, To City Council Minutes Regular Meeting — September 24, 2019 5 Provide Contract Services For The City's Laboratory, Account Number 001-1301-541.59-00, Other Contractual Account. Funds In The Amount Of $30,000.00 Were Budgeted In The FY 2020 Budget Proposed Resolution No. 21056 was adopted becoming Resolution No. 19-409. (16) P.R. No. 21057 — A Resolution Authorizing The City Manager To Enter Into A Contract Between The City Of Port Arthur And Southeast Texas Medical Associates (SETMA) For William D. George, MD To Continue To Act As The City's Health Authority And Supervising Physician Of The Employee Health Services Clinic. A Total Of $46,100.00 Was Budgeted In The FY 2020 General Fund Professional Service Account 001-1301-541.54-00 And Employee Health Professional Service Account 001-1303-541.54-00 Proposed Resolution No. 21057 was adopted becoming Resolution No. 19-410. (17) P.R. No. 21059 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Whit's Grass Cutting Of Port Arthur, Texas For Mowing Of Various City Properties, Parks And Right-Of- Ways For Groups 1 And 3C With A Projected Budgetary Impact Of $31,080.00 Per Year. Funding Available In Parks Account No. 001-1207-531.31-00 Proposed Resolution No. 21059 was adopted becoming Resolution No. 19-411. (18) P.R. No. 21060 — A Resolution Awarding A Bid And Authorizing The City Manager To Execute A Contract With Excavation And Construction, LLC Of Port Arthur, Texas For Sunken Court From Twin City To North Park Drive In The Amount Of $2,268,343.13. Funding Is Available In The Capital Improvement Streets Account Number 307-1601- 591.86-00 Proposed Resolution No. 21060 was adopted becoming Resolution No. 19-412. (21) P.R. No. 21063 — A Resolution Authorizing The Purchase Of Skid Steer Loader From Kubota Tractor Corporation Of Grapevine, Texas, For The Parks And Recreation Department Through Texas BuyBoard Cooperative Purchasing In The Amount Of $57,305.15; ($27,305.15 Available In Account Number 001-1207-531.92-00 And $30,000.00 Available In Account Number 001-1304- 541.92-00) Proposed Resolution No. 21063 was adopted becoming Resolution No. 19-413. (22) P.R. No. 21065 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $290,699.87 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) Proposed Resolution No. 21065 was adopted becoming Resolution No. 19-414. City Council Minutes Regular Meeting — September 24, 2019 6 (23) P.R. No. 21068 — A Resolution Authorizing The Acceptance Of A Donation Of A Monument To The City Of Port Arthur From The Port Acres Public Action Group (Requested By Mayor Pro Tem Doucet) Proposed Resolution No. 21068 was adopted becoming Resolution No. 19-415. (24) P.R. No. 21069 — A Resolution Authorizing The City Manager Through The Information Technology Department To Accept Donations From Vendors In The Form Of Funds, Goods And Services, For The Support Of Cyber Security Awareness Activities Proposed Resolution No. 21069 was adopted becoming Resolution No. 19-416. (26) P.R. No. 21072 — A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With Veolia ES Technical Solutions, L.L.C. Proposed Resolution No. 21072 was adopted becoming Resolution No. 19-417. (27) P.R. No. 21074 — A Resolution Authorizing A Grant Application To The Hogg Foundation For Mental Health's 80th Anniversary Initiative For A Complete 2020 Census Count In Texas Proposed Resolution No. 21074 was adopted becoming Resolution No. 19-418. (28) P.R. No. 21078 — A Resolution Authorizing The City Manager To Execute Permanent Easements With Air Liquide Large Industries U.S. LP, For The Construction And Installation Of A Twelve (12) Inch Hydrogen Gas Pipeline Within The City Limits Of Port Arthur, Texas Proposed Resolution No. 21078 was adopted becoming Resolution No. 19-419. VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT Consent - Resolutions (7) P.R. No. 21032 — A Resolution Ratifying The Hauling Of Waste From The Main Wastewater Treatment Plant To The Port Acres Wastewater Treatment Plant By Sprint Waste Services Of Port Arthur, Texas, Due To Equipment Failure In The Amount Of $32,108.63. Funds Available In Account #410-1256- 532.54-00 (Professional Services) Mayor Pro Tem Doucet introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Jones and carried, Proposed Resolution No. 21032 was adopted becoming Resolution No. 19-420. Voting Yes: Mayor Pro Tem Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Resolution No. 19-420 reads as follows: City Council Minutes Regular Meeting — September 24, 2019 7 RESOLUTION NO. 19-420 A RESOLUTION RATIFYING THE HAULING OF WASTE FROM THE MAIN WASTEWATER TREATMENT PLANT TO THE PORT ACRES WASTEWATER TREATMENT PLANT BY SPRINT WASTE SERVICES OF PORT ARTHUR, TEXAS, DUE TO EQUIPMENT FAILURE IN THE AMOUNT OF $32,108.63. FUNDS AVAILABLE IN ACCOUNT #410-1256- 532.54-00 (PROFESSIONAL SERVICES) (19) P.R. No. 21061 — A Resolution Authorizing The City Manager To Enter Into An Agreement With Trace Infrared Asphalt Restoration, LLC Of Eunice, Louisiana For The Purchase Of A Pot Hole Patching Truck And A Contract For A Patching Crew For Six (6) Months With A Projected Budgetary Impact Of $410,554.00. Funding Is Available In The Street Account Under Equipment And Other Contractual Service 001-1203-531.92-00 ($230,554.00) And 001-1203-531.59-08 ($180,000.00) Respectively Mayor Pro Tern Doucet introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Jones and seconded by Councilmember Frank that Proposed Resolution No. 21061 be adopted. Public Works Director Alberto Elefano appeared before the City Council to answer inquiries regarding the above-mentioned topic. Voting Yes: Mayor Pro Tem Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. Proposed Resolution No. 21061 was adopted becoming Resolution No. 19-421. The caption of Resolution No. 19-421 reads as follows: RESOLUTION NO. 19-421 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH TRACE INFRARED ASPHALT RESTORATION, LLC OF EUNICE, LOUISIANA FOR THE PURCHASE OF A POT HOLE PATCHING TRUCK AND A CONTRACT FOR A PATCHING CREW FOR SIX (6) MONTHS WITH A PROJECTED BUDGETARY IMPACT OF $410,554.00. FUNDING IS AVAILABLE IN THE STREET ACCOUNT UNDER EQUIPMENT AND OTHER CONTRACTUAL SERVICE 001-1203- 531.92-00 ($230,554.00) AND 001-1203- 531.59-08 ($180,000.00) RESPECTIVELY (20) P.R. No. 21062 — A Resolution Authorizing The Second And Final Renewal Of The Contract With McCreary, Veselka, Bragg & Allen, P.C., Of Round Rock, Texas, For Collection Of Municipal Court Fines City Council Minutes Regular Meeting — September 24, 2019 8 Mayor Pro Tern Doucet introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Kinlaw and carried, Proposed Resolution No. 21062 was adopted becoming Resolution No. 19-422. Voting Yes: Mayor Pro Tern Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Resolution No. 19-422 reads as follows: RESOLUTION NO. 19-422 A RESOLUTION AUTHORIZING THE SECOND AND FINAL RENEWAL OF THE CONTRACT WITH MCCREARY, VESELKA, BRAGG & ALLEN, P.C., OF ROUND ROCK, TEXAS, FOR COLLECTION OF MUNICIPAL COURT FINES (25) P.R. No. 21070 — A Resolution Approving Water And Sewer Adjustments Over $5,000.00 To Certain Utility Accounts Due To Equipment Malfunction Mayor Pro Tern Doucet introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Kinlaw and seconded by Councilmember Frank that Proposed Resolution No. 21070 be adopted. Water Utilities Supervisor Rhonda Stansberry appeared before the City Council to answer inquiries regarding the above-mentioned topic. Voting Yes: Mayor Pro Tern Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. Proposed Resolution No. 21070 was adopted becoming Resolution No. 19-423. The caption of Resolution No. 19-423 reads as follows: RESOLUTION NO. 19-423 A RESOLUTION APPROVING WATER AND SEWER ADJUSTMENTS OVER $5,000.00 TO CERTAIN UTILITY ACCOUNTS DUE TO EQUIPMENT MALFUNCTION A. Resolutions (1) P.R. No. 21042 — A Resolution Authorizing The City Manager To Execute Contracts Between Its Third Party Administrator (Administrative Services Only) For The City Of Port Arthur Group Medical, Dental Insurance, Basic Life, Basic Accidental Death And Dismemberment, And Excess Loss Indemnity With Blue Cross And Blue Shield Of Texas, Inc. Fund No. (s): 614-1701-583.53-00 Health Insurance Fund) Mayor Pro Tern Doucet introduced the above-mentioned Proposed Resolution. City Council Minutes Regular Meeting — September 24, 2019 9 Upon the motion of Councilmember Moses, seconded by Councilmember Frank and carried, Proposed Resolution No. 21042 was adopted becoming Resolution No. 19-424. Voting Yes: Mayor Pro Tern Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Resolution No. 19-424 reads as follows: RESOLUTION NO. 19-424 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS BETWEEN ITS THIRD PARTY ADMINISTRATOR (ADMINISTRATIVE SERVICES ONLY) FOR THE CITY OF PORT ARTHUR GROUP MEDICAL, DENTAL INSURANCE, BASIC LIFE, BASIC ACCIDENTAL DEATH AND DISMEMBERMENT, AND EXCESS LOSS INDEMNITY WITH BLUE CROSS AND BLUE SHIELD OF TEXAS, INC. FUND NO. (5): 614-1701-583.53-00 HEALTH INSURANCE FUND) (2) P.R. No. 21046 — A Resolution Amending Resolution No. 19-212 For The Sale Of Land Between The City Of Port Arthur Section 4A Economic Development Corporation And B&B Ice, Inc. In The Spur 93 Business Park From Two (2) Acres To 2.454 Acres At A Cost Of $57,500 Per Acre Mayor Pro Tern Doucet introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Frank and carried, Proposed Resolution No. 21046 was adopted becoming Resolution No, 19-425. Voting Yes: Mayor Pro Tern Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Resolution No. 19-425 reads as follows: RESOLUTION NO. 19-425 A RESOLUTION AMENDING RESOLUTION NO. 19-212 FOR THE SALE OF LAND BETWEEN THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND B&B ICE, INC. IN THE SPUR 93 BUSINESS PARK FROM TWO (2) ACRES TO 2.454 ACRES AT A COST OF $57,500 PER ACRE (3) P.R. No. 21047 — A Resolution Approving The First Renewal Of An Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And S&S Investigations & Security, Inc., Of Groves, Texas For Security Guard Services To Serve The Spur 93 Business Park For An Amount Not To Exceed $96,624.00; Funding Available In EDC Account No. 120-1429-582.59-02 Mayor Pro Tern Doucet introduced the above-mentioned Proposed Resolution. City Council Minutes Regular Meeting — September 24, 2019 10 Upon the motion of Councilmember Jones, seconded by Councilmember Moses and carried, Proposed Resolution No. 21047 was adopted becoming Resolution No. 19-426. Voting Yes: Mayor Pro Tem Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Resolution No. 19-426 reads as follows: RESOLUTION NO. 19-426 A RESOLUTION APPROVING THE FIRST RENEWAL OF AN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND S&S INVESTIGATIONS & SECURITY, INC., OF GROVES, TEXAS FOR SECURITY GUARD SERVICES TO SERVE THE SPUR 93 BUSINESS PARK FOR AN AMOUNT NOT TO EXCEED $96,624.00; FUNDING AVAILABLE IN EDC ACCOUNT NO. 120-1429-582.59-02 (4) P.R. No. 21050 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Entering Into A Standard Form Of Agreement With SETEX Facilities & Maintenance For Construction Of The 2nd Floor Build-Out At 501 Procter Street At A Cost Not To Exceed $185,000.00 Funds Available In EDC Account # 120-1429- 582.59-01 Mayor Pro Tern Doucet introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Jones and carried, Proposed Resolution No. 21050 was adopted becoming Resolution No. 19-427. Voting Yes: Mayor Pro Tern Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Resolution No. 19-427 reads as follows: RESOLUTION NO. 19-427 A RESOLUTION APPROVING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION ENTERING INTO A STANDARD FORM OF AGREEMENT WITH SETEX FACILITIES & MAINTENANCE FOR CONSTRUCTION OF THE 2ND FLOOR BUILD- OUT AT 501 PROCTER STREET AT A COST NOT TO EXCEED $185,000.00 FUNDS AVAILABLE IN EDC ACCOUNT # 120-1429-582.59-01 (5) P.R. No. 21051 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Invest An Additional $1,625,000.00 For The Retrofitting Of The Property Located At 549 4th Street (Former Port City Council Minutes Regular Meeting - September 24, 2019 11 Arthur News Building) Funding Available In EDC Account No. 305-1606-591.82-00 Mayor Pro Tern Doucet introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Frank and carried, Proposed Resolution No. 21051 was adopted becoming Resolution No. 19-428. Voting Yes: Mayor Pro Tern Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Resolution No. 19-428 reads as follows: RESOLUTION NO. 19-428 A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO INVEST AN ADDITIONAL $1,625,000.00 FOR THE RETROFITTING OF THE PROPERTY LOCATED AT 549 4TH STREET (FORMER PORT ARTHUR NEWS BUILDING) FUNDING AVAILABLE IN EDC ACCOUNT NO. 305-1606-591.82-00 (6) P.R. No. 21052 — A Resolution Amending The Professional Service Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And Architect's Studio PLLC Of Port Arthur, Texas, In An Amount Not To Exceed $200,000.00 Making The Contract A Lump Sum Fee Of $500,000.00 And The Reimbursable Expenses Not To Exceed $50,000.00 Funding Available In EDC Account No. 305-1606-591.82-00 Mayor Pro Tern Doucet introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Jones and carried, Proposed Resolution No. 21052 was adopted becoming Resolution No. 19-429. Voting Yes: Mayor Pro Tem Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Resolution No. 19-429 reads as follows: RESOLUTION NO. 19-429 A RESOLUTION AMENDING THE PROFESSIONAL SERVICE CONTRACT BETWEEN THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND ARCHITECT'S STUDIO PLLC OF PORT ARTHUR, TEXAS, IN AN AMOUNT NOT TO EXCEED $200,000.00 MAKING THE CONTRACT A LUMP SUM FEE OF $500,000.00 AND THE REIMBURSABLE EXPENSES NOT TO EXCEED $50,000.00 FUNDING AVAILABLE IN EDC ACCOUNT NO. 305-1606-591.82-00 City Council Minutes Regular Meeting — September 24, 2019 12 (7) P.R. No. 21053 — A Resolution Rescinding Resolution No. 19-160 In Its Entirety As It Pertains To The Sale Of Three Acres Of Land In The Spur 93 Business Park By The City Of Port Arthur Section 4A Economic Development Corporation To KLV Ventures, Inc. Mayor Pro Tern Doucet introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Frank and carried, Proposed Resolution No. 21053 was adopted becoming Resolution No. 19-430. Voting Yes: Mayor Pro Tern Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Resolution No. 19-430 reads as follows: RESOLUTION NO. 19-430 A RESOLUTION RESCINDING RESOLUTION NO. 19-160 IN ITS ENTIRETY AS IT PERTAINS TO THE SALE OF THREE ACRES OF LAND IN THE SPUR 93 BUSINESS PARK BY THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO KLV VENTURES, INC. (8) P.R. No. 21054 — A Resolution Rescinding Resolution No. 18-413 In Its Entirety As It Pertains To The Approval Of A Purchase Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And NDC Housing And Economic Development Corporation, Inc. Mayor Pro Tern Doucet introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried, Proposed Resolution No. 21054 was adopted becoming Resolution No. 19-431. Voting Yes: Mayor Pro Tern Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Resolution No. 19-431 reads as follows: RESOLUTION NO. 19-431 A RESOLUTION RESCINDING RESOLUTION NO. 18-413 IN ITS ENTIRETY AS IT PERTAINS TO THE APPROVAL OF A PURCHASE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND NDC HOUSING AND ECONOMIC DEVELOPMENT CORPORATION, INC. (9) P.R. No. 21058 — A Resolution Appointing A Charter Advisory Committee And Setting Forth Procedural Guidelines For Said Committee City Council Minutes Regular Meeting — September 24, 2019 13 Mayor Pro Tern Doucet introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Frank and seconded by Councilmember Moses that Proposed Resolution No. 21058 be adopted. The following appointments were made: Joseph Johnson Donald Ray Frank John Beard Warren Field Langston Adams Willie "Bae" Lewis, Jr. Beverly Raymond Kenneth Marks Alvin Frazier Judge Donald Floyd James Green Dallas Smith Ingrid Holmes Deloris "Bobbie" Prince Voting Yes: Mayor Pro Tern Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. Proposed Resolution No. 21058 was adopted becoming Resolution No. 19-432. The caption of Resolution No. 19-432 reads as follows: RESOLUTION NO. 19-432 A Resolution Appointing A Charter Advisory Committee And Setting Forth Procedural Guidelines For Said Committee (10) P.R. No. 21064 — A Resolution Authorizing The October 8, 2019 Regularly Scheduled Council Meeting Date To Be Rescheduled Mayor Pro Tern Doucet introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Frank and seconded by Councilmember Jones that Proposed Resolution No. 21064 be adopted. Upon the motion of Councilmember Frank, seconded by Councilmember Moses the October 8, 2019 regularly scheduled meeting was rescheduled to October 7, 2019. Voting Yes: Mayor Pro Tern Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. Proposed Resolution No. 21064 was adopted becoming Resolution No. 19-433. The caption of Resolution No. 19-433 reads as follows: City Council Minutes Regular Meeting — September 24, 2019 14 RESOLUTION NO. 19-433 A RESOLUTION AUTHORIZING THE OCTOBER 8, 2019 REGULARLY SCHEDULED COUNCIL MEETING DATE TO BE RESCHEDULED (11) P.R. No. 21066 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Moses) Mayor Pro Tern Doucet introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Frank and carried, Proposed Resolution No. 21066 was adopted becoming Resolution No. 19-434. Voting Yes: Mayor Pro Tern Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Resolution No. 19-434 reads as follows: RESOLUTION NO. 19-434 A RESOLUTION APPOINTING AND/OR REAPPOINTING A MEMBER OR MEMBERS TO THE BEAUTIFICATION COMMISSION (REQUESTED BY COUNCILMEMBER MOSES) (12) P.R. No. 21067 — A Resolution Authorizing The City Manager To Enter Into A Sale And Purchase Agreement Between The City Of Port Arthur And Texas 4L Properties, LP On Behalf Of Aurora Capital Holdings, LLC., For The Purchase Of City Owned Vacant Lots Within The Boundaries Of The Downtown Tax Reinvestment Zone Mayor Pro Tern Doucet introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried, Proposed Resolution No. 21067 was adopted becoming Resolution No. 19-435. Voting Yes: Mayor Pro Tern Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Resolution No. 19-435 reads as follows: RESOLUTION NO. 19-435 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A SALE AND PURCHASE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND TEXAS 4L PROPERTIES, LP ON BEHALF OF AURORA CAPITAL HOLDINGS, LLC., FOR THE PURCHASE OF CITY OWNED VACANT LOTS WITHIN THE BOUNDARIES OF THE DOWNTOWN TAX REINVESTMENT ZONE (13) P.R. No. 21073 — A Resolution Approving The Continued Use Of Section 4A Sales And Use Tax Within The City Of City Council Minutes Regular Meeting — September 24, 2019 15 Port Arthur For The Cost Of Land, Buildings, Equipment, Facilities, And Improvements Found By The City Of Port Arthur Section 4A Economic Development Corporation Board Of Directors To Be Required Or Suitable For The Promotion Of Development And Expansion Of Affordable Housing, As Described By 42 U.S.C. 12745, With A Project Area Bounded By Atlanta Street On The West, 8th Street On The North, Nashville Street On The East And 5th Street On The South Within The City Of Port Arthur, Texas, Which Is A Category Of Projects Under Section 505.153 Of The Local Government Code (Type B Economic Development Corporation), With The Condition It Will Be Limited To Single Family Dwellings And The Total Annual Spending By The City Of Port Arthur Section 4A Economic Development Corporation Will Not Exceed $300,000.00 Mayor Pro Tern Doucet introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Frank and seconded by Councilmember Moses that Proposed Resolution No. 21073 be adopted. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 21073: MAYOR PRO TEM DOUCET "YES" COUNCILMEMBER FRANK "YES" COUNCILMEMBER JONES "YES" COUNCILMEMBER KINLAW "YES" COUNCILMEMBER MOSES "YES" Proposed Resolution No. 21073 was adopted becoming Resolution No. 19-436. The caption of Resolution No. 19-436 reads as follows: RESOLUTION NO. 19-436 A RESOLUTION APPROVING THE CONTINUED USE OF SECTION 4A SALES AND USE TAX WITHIN THE CITY OF PORT ARTHUR FOR THE COST OF LAND, BUILDINGS, EQUIPMENT, FACILITIES, AND IMPROVEMENTS FOUND BY THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS TO BE REQUIRED OR SUITABLE FOR THE PROMOTION OF DEVELOPMENT AND EXPANSION OF AFFORDABLE HOUSING, AS DESCRIBED BY 42 U.S.C. 12745, WITH A PROJECT AREA BOUNDED BY ATLANTA STREET ON THE WEST, 8TH STREET ON THE NORTH, NASHVILLE STREET ON THE EAST AND 5TH STREET ON THE SOUTH WITHIN THE CITY OF PORT ARTHUR, TEXAS, WHICH IS A CATEGORY OF PROJECTS UNDER SECTION 505.153 OF THE LOCAL GOVERNMENT CODE (TYPE B ECONOMIC DEVELOPMENT CORPORATION), WITH THE CONDITION IT WILL BE LIMITED TO SINGLE FAMILY DWELLINGS AND THE TOTAL ANNUAL SPENDING BY THE CITY OF PORT ARTHUR City Council Minutes Regular Meeting — September 24, 2019 16 SECTION 4A ECONOMIC DEVELOPMENT CORPORATION WILL NOT EXCEED $300,000.00. ORDINANCES (14) P.R. No. 21075 — A Resolution Appointing And/Or Reappointing Member(s) To The Zoning Board Of Adjustment Mayor Pro Tern Doucet introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried, Proposed Resolution No. 21075 was adopted becoming Resolution No. 19-437. Voting Yes: Mayor Pro Tern Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Resolution No. 19-437 reads as follows: RESOLUTION NO. 19-437 A RESOLUTION APPOINTING AND/OR REAPPOINTING MEMBER(S) TO THE ZONING BOARD OF ADJUSTMENT B. ORDINANCES (1) P.O. No. 6798 — An Ordinance Authorizing A Special Warranty Deed For Conveyance Of Property To An Eligible Homeowner Participation In The Neighborhood Stabilization Program 1 (NSP1) Side Lot Disposition Program The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried, Proposed Ordinance No. 6798 was adopted becoming Ordinance No. 19-50. Voting Yes: Mayor Pro Tern Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Ordinance No. 19-50 reads as follows: ORDINANCE NO. 19-50 AN ORDINANCE AUTHORIZING A SPECIAL WARRANTY DEED FOR CONVEYANCE OF PROPERTY TO AN ELIGIBLE HOMEOWNER PARTICIPATION IN THE NEIGHBORHOOD STABILIZATION PROGRAM 1 (NSP1) SIDE LOT DISPOSITION PROGRAM VIII. *CLOSED MEETING (EXECUTIVE MEETING) City Council Minutes Regular Meeting - September 24, 2019 17 Closed Meeting: (1) Section 551.071 Government Code — To Discuss And Receive Legal Advice From The City Attorney Regarding Potential And/Or Pending Litigation Involving The City Of Port Arthur (2) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located In The City's Industrial District/ETJ (3) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located In The Spur 93 Business Park (4) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located In Downtown Port Arthur (5) Section 551.087 Government Code — To Discuss Economic Development Incentives In The City's Industrial District/ET] (6) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects: (The King Crawfish Distributors LLC) The City Council recessed their meeting at 10:03 a.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 10:36 a.m. with the following members present: Mayor Bartie; Mayor Pro Tem Doucet; Councilmembers Jones, Kinlaw, Moses and Frank; Interim City Manager Burton; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Duriso. VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT B. ORDINANCES (23) P.R. No. 21068 — A Resolution Authorizing The Acceptance Of A Donation Of A Monument To The City Of Port Arthur From The Port Acres Public Action Group (Requested By Mayor Pro Tem Doucet) Proposed Resolution No. 21068 was adopted becoming Resolution No. 19-415. Mayor Pro Tem Doucet introduced Proposed Ordinance No. 6798 for reconsideration to allow correspondence to be read into the minutes. Upon the motion of Councilmember Moses, seconded by Councilmember Jones and carried, Proposed Resolution No. 21068 was reconsidered to allow correspondence to be read into the record. Voting Yes: Mayor Bartle; Mayor Pro Tem Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. City Council Minutes Regular Meeting — September 24, 2019 18 Bob Petisca appeared before the City Council and read the following correspondence into the record: September 23, 2019 To The City Of Port Arthur The Port Acres Public Action Group (Papa) Group authorized transfer of ownership of the monument of Dick Dowling and tribute to Balinda Kay Baca granddaughter of Jonny Alford to the City of Port Arthur to be moved and placed at Eagles Park, 59 the Street and Hazel Avenue as a tribute to Johnny Alford (Papa John) The Papa Group and citizens of Port Acres are excited that the City of Port Arthur has agreed to move the monument to Eagles Park to keep the tribute and memory alive. Respectfully, /s/ Bob Petisca Chairman, Papa Group Upon the motion of Councilmember Jones, seconded by Councilmember Moses and carried, the correspondence was made a part the record. Voting Yes: Mayor Bartle; Mayor Pro Tern Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. IX. ADJOURNMENT OF MEETING Upon the motion by Councilmember Jones, seconded by Councilmember Moses and carried unanimously, the City Council adjourned their meeting at 10:39 a.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 THURMAN "BILL" BARTIE ATTEST: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD September 24, 2019. APPROVED: . City Council Minutes Regular Meeting — September 24, 2019 19