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Home My WebLink AboutPOST: 10-25-2019 REGULAR MEETING POST AGENDA REPORT City Council Meeting City Hall Council Chamber City Of Port Arthur October 22, 2019 8:30 A.M. 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 Sergeant At Arms: Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Joseph Guillory Regarding Local Jobs (2) Silvia Rangel Regarding School Zones Speed Limit (3) John Mafa Regarding Uniform Plumbing And Mechanical Codes (4) Greg Richard Regarding Essau & Edomites i AGENDA OCTOBER 22, 2019 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) Presentation By Staff Regarding The Proposed Renewal Of The City Of Port Arthur's Blue Cross Medicare Advantage PPO And Prescription Drug Plan For Its Medicare Retirees And Eligible Dependents C. Employee Recognition (1) Public Works Department D. Correspondence — None E. Discussion (1) Discussion Regarding The Annual TML Conference Held On October 8-11, 2019 (Requested By Mayor Pro Tern Doucet) IV. PUBLIC HEARINGS — 9:00 A.M. (1) A Public Hearing 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 Twelve (12") And A Sixteen (16") Buried Carbon Steel Pipeline Within The City Of Port Arthur, Texas V. UNFINISHED BUSINESS (1) P.R. No. 21089 — A Resolution Authorizing The City Manager To Enter Into A Contract With IMS Infrastructure Management Services, LLC Of Tempe, Arizona, For The Survey And Analysis Of All City Roadways And The Development Of A Five-Year Roadway Rehabilitation Plan In The Not-To-Exceed Amount Of $98,500.00. Funding Is Available In The Capital Streets Account No. 307-1601- 591.86-00 Motion: HD Second: CM Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Resolution No. 19-459 2 AGENDA OCTOBER 22, 2019 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. Motion: CM Second: HD Voting Yes: 6 Voting No: 0 ADOPTED VI. CONSENT AGENDA — CONTINUED A. Travel Request — None B. Expense Reports — None C. Minutes September 24, 2019 Regular Meeting October 7, 2019 Special Executive Meeting October 7, 2019 Regular Meeting D. Resolutions (1) P.R. No. 20959 — A Resolution Authorizing The Purchase Of A T650 T4 Bobcat Compact Track Loader From Bobcat Of Beaumont Of Beaumont, Texas Through Texas BuyBoard Cooperative Purchasing Program Contract No. 515-16 For The Public Works Drainage Division, In The Amount Of $51,197.66; Funds Are Available In The Capital Reserve Equipment Replacement Fund - Public Works Drainage, 625-1801-531.92.04 Resolution No. 19-460 AGENDA OCTOBER 22, 2019 VI. CONSENT AGENDA — CONTINUED (2) P.R. No. 21036 — A Resolution Authorizing An Excavation Permit To Be Issued Pursuant To Chapter 94, Article VII (Excavations) Of The Code Of Ordinances, For 44.2-Acres Of Land Out Of And Part Of Lots 1-4, Block 13, Range "M", Port Arthur Land Company Subdivision, Port Arthur, Jefferson County, Texas. V. Investments, LLC Resolution No. 19-461 (3) P.R. No. 21080 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Affidavit Of Payments Of Debts And Claims, Contractor's Certificate And Release, Contractor's Certificate Of Guarantee For The 15th Street Reconstruction Project From Vera Drive To Main Avenue And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas; And Authorization Of Release Of Retainage In The Amount Of $14,025.25 With Funds Available In Account No. 307-0000- 205.00.00 Resolution No. 19-462 (4) P.R. No. 21090 — A Resolution Authorizing The City Manager To Execute An Agreement With SCS Engineers Of Bedford, Texas, For The Period From November 2019 To August 2020 For Groundwater, Landfill Gas, And Air Quality Services With A Not To Exceed Amount Of $95,950.00. Funding Is Available In Account No. 403-1274-533.59-01, Public Works Department Landfill Division — Regulatory Fees/Fines Resolution No. 19-463 (5) P.R. No. 21098 — A Resolution Authorizing The Execution Of A Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 1048 6th Street, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program Resolution No. 19-464 4 AGENDA OCTOBER 22, 2019 VI. CONSENT AGENDA — CONTINUED (6) P.R. No. 21099 — A Resolution Authorizing The Execution Of A Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 5941 Texas Avenue, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program Resolution No. 19-465 (7) P.R. No. 21110 — A Resolution Nominating The Premcor Refining Group Inc., To The Office Of The Governor Economic Development And Tourism (OOGEDT) Through The Economic Development Bank For Designation As A Qualified Business And Enterprise Project Under The Texas Enterprise Zone Program Under The Texas Enterprise Zone Act, Chapter 2303, Texas Government Code Resolution No. 19-466 (8) P.R. No. 21111 — A Resolution Authorizing The Purchase Of 4,000 Itron Electronic Meter Transmitters For Water Utilities Department From Republic Meter, Inc., Of Dallas, TX, With A Total Projected Budgetary Impact Of $276,000.00. Funds Are Available In Water Utilities/Water Distribution, Account No. 410-1253-532.35-00, Water System Maintenance, And Harvey 147-2300-901.35-00 Resolution No. 19-467 (9) P.R. No. 21112 — A Resolution Authorizing The City Manager To Amend The Contract Between The City Of Port Arthur And The Center For Transportation And The Environment (CTE) Of Atlanta, Georgia, By Revising The Statement Of Work And Decreasing The Contract Amount By $206,500.00 To A New Contract Total Of $220,000.00. Funds Available In Account No. 401-1509-561.93-00 Resolution No. 19-468 5 AGENDA OCTOBER 22, 2019 VI. CONSENT AGENDA — CONTINUED (10) P.R. No. 21115 — A Resolution Authorizing The City Manager To Accept Funding From The 2019 Law Enforcement Terrorism Prevention Program (LETPP) Grant Award In The Amount Of $55,915.17 With No Cash Match Required Resolution No. 19-469 (11) P.R. No. 21116 — A Resolution Authorizing The City Manager To Execute The First Year Of A Contract Between The City Of Port Arthur And Sprint Waste Services Of Port Arthur, Texas, For Leachate Hauling At The City Landfill For A Fee Of $70.00 Per Hour With A Projected Budgetary Impact Of $70,000.00, With The Subsequent Two-Year Rates Adjusted According To The Consumer Price Index Category "Transportation". Funding Is Available In Account No. 403-1274-533.59-00 — Public Works Department Landfill Division - Other Contractual Services Resolution No. 19-470 (12) P.R. No. 21119 — A Resolution Authorizing The Second Year (First Renewal) Of The Contract For The Purchase Of Liquid Sodium Bisulfite For The Utilities Department With Commercial Chemical Product, Inc. DBA Purify, Of Houston, Texas, With A Projected Budgetary Impact Amount Of $120,600.00. Funds Are Available In Utilities Account No. 410-1256-532.29-02, Treatment Chemicals Resolution No. 19-471 (13) P.R. No. 21120 — A Resolution Authorizing Payment Of Annual Service Fees For Naviline ASP To Superion, LLC In The Amount Of $140,357.07. Account No. 001-1034-515-54.00 Resolution No. 19-472 6 AGENDA OCTOBER 22, 2019 VI. CONSENT AGENDA — CONTINUED (14) P.R. No. 21122 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $30,565.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Traffic Signals Resolution No. 19-473 (15) P.R. No. 21123 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $16,994.31 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Landfill Compactor #1636 Resolution No. 19-474 (16) P.R. No. 21124 — A Resolution Authorizing The City Manager To Execute A Letter Of Engagement With Weaver And Tidwell, LLP, As Independent Auditor For The City Of Port Arthur With A Projected Budgetary Impact Of $132,000.00 For The Fiscal Year Ending September 30, 2019. Funding Is Available In The Finance Department Professional Services Account #001-1031-515.54-00 Resolution No. 19-475 (17) P.R. No. 21125 — A Resolution Calling For A Public Hearing To Consider Granting A Zoning Change From Single Family To Planned Development District — 39 [PD-39] For 8.512-Acres Of Land, Part Of Block 386 And All Of Blocks 387, 402 And 403, With Adjacent Alleys And Rights-Of-Way, City Of Port Arthur, Jefferson County, Texas Resolution No. 19-476 AGENDA OCTOBER 22, 2019 VI. CONSENT AGENDA — CONTINUED (18) P.R. No. 21126 — A Resolution Calling For A Public Hearing To Consider Granting A Zoning Change From Multiple Family To Light Commercial For Approximately 4.429-Acres Of Land, Part Of Tract 20, John McGaffey Survey, Abstract No. 167, Sabine Pass, Jefferson County, Texas Resolution No. 19-477 (19) P.R. No. 21130 — A Resolution Authorizing The City Manager To Execute A Commercial Refuse Disposal Contract Between The City Of Port Arthur, Texas And SRB Enterprises, LLC Of Colmesneil, Texas For The Purpose Of Disposing Of Refuse At The City's Sanitary Landfill Resolution No. 19-478 (20) P.R. No. 21131 — A Resolution Adopting A Utility Box Painting Box Painting Policy For The Painting Of The Traffic Boxes Resolution No. 19-479 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21084 — A Resolution Authorizing The City Manager To Execute The Deed Of Trust, Special Warranty Deed With A Vendor's Lien, And Loan Agreement Between The City Of Port Arthur And Shelia Ardoin For Participation In The City Of Port Arthur's Owner Occupied Housing Assistance Rehabilitation, And Reconstruction Program Motion: CM Second: CJ Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Resolution No. 19-480 8 AGENDA OCTOBER 22, 2019 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.R. No. 21096 — A Resolution Appointing Or Reappointing A Member To The Planning And Zoning Commission Motion: CM Second: RS Motion to Table: TK Second: HD Voting Yes: 6 Voting No: 0 W/O: KF TABLED (3) P.R. No. 21104 — A Resolution Replacing One (1) Regular Board Member (Richard Williams) On The Construction Board Of Adjustment And Appeals And Appointing A New Member To Fill The Resulting Vacancy (Requested By Councilmember Jones) Motion: CM Second: RS Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Resolution No. 19-481 (4) P.R. No. 21106 — A Resolution Authorizing The Purchase Of A Ferris IS 3200 Commercial Riding Mower From All Terrain Equipment Co. Of Beaumont, Texas By The City Of Port Arthur Section 4A Economic Development Corporation In The Amount Of $11,949.00; Funding Available In PAEDC Account No. 120-1429-582.92-00 Motion: CM Second: CJ Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Resolution No. 19-482 (5) P.R. No. 21107 — A Resolution Approving An Amendment To The Training Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Lamar State College Port Arthur For The Training Of Additional Port Arthur Residents As Class A & B Commercial Drivers In An Amount Not To Exceed $25,000.00; Funds Available In PAEDC Account No. 120-1429- 582.59-07 9 AGENDA OCTOBER 22, 2019 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED Motion: CM Second: HD Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Resolution No. 19-483 (6) P.R. No. 21108 — A Resolution Rescinding Resolution No. 19-210 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 Mid-County Plaza, LLC Motion: CM Second: HD Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Resolution No. 19-484 (7) P.R. No. 21109 — A Resolution Approving The Closing Of The Economic Development Conditional Grant Agreement Between Kemp Corkran, LLC And The City Of Port Arthur Section 4A Economic Development Corporation Motion: CJ Second: CM Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Resolution No. 19-485 (8) P.R. No. 21121 — A Resolution Authorizing The City Manager Of The City Of Port Arthur To Execute Amendment No. 2 To The Amended And Restated Industrial District Agreement With Motiva Enterprises, LLC Motion: HD Second: CM Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Resolution No. 19-487 10 AGENDA OCTOBER 22, 2019 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (9) P.R. No. 21132 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Police Chief Advisory Committee (Requested By Mayor Bartie) Motion: CM Second: 0 Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Resolution No. 19-486 B. Ordinances — Non-Consent (1) P.O. No. 6803 — An Ordinance Authorizing The Sale Of Surplus Furniture/Minor Equipment, Vehicles, Equipment, Or Heavy Equipment By A Public Online Auction Through Rene Bates Auctioneers, Inc. Motion: CM Second: RS Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Ordinance No. 19-52 (2) P.O. No. 6805 — An Ordinance Amending Chapter 18, Article II, Section 18-33, Appendix B Permit Fee Schedule Of The Building Code, Of The Code Of Ordinances Of The City Of Port Arthur, Thereby Revising The Fees State Mandated By The 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 Motion: HD Second: CM Voting Yes: 6 Voting No: 0 W/O: KF ADOPTED Ordinance No. 19-53 AGENDA OCTOBER 22, 2019 IX. *CLOSED MEETING (EXECUTIVE SESSION) In Order To Comply With The Requirements Of Section 551.101 Of Chapter 551 (Open Meetings Law) Of The Texas Government Code [Formerly Article 6252-17, Section 2(a)], Prior To Going Into Closed Meeting The Presiding Officer Of The City Should Make The Following Public Announcement: "A Closed Meeting Or Executive Session Will Now Be Held Pursuant To The Following Sections Of Chapter 551 Texas Government Code": Section 551.071 — Litigation And/Or Legal Advice Section 551.072 — Land Section 551.073 — Negotiated Contracts For Prospective Gifts To The City Section 551.074 — Personnel Section 551.076 — Security Personnel Or Devices Section 551.087 — Deliberations Regarding Economic Development Incentives Closed Meeting: (1) Section 551.071 Government Code — To Discuss And Receive Legal Advice From The City Attorney Regarding Potential And/Or Pending Litigation Involving The City Of Port Arthur (2) Section 551.071 Government Code — To Discuss Legal Issues And To Receive Legal Advice Related To The Impact Of The 2020 U.S. Census And The City's Public Transportation Operations (3) Section 551.071 Government Code — To Receive Legal Advice And Consultation With The City Attorney And Legal Counsel With Regard To Industrial District Contracts And Other Legal Matters/Concerns (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 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Located In Pleasure Island 12 AGENDA OCTOBER 22, 2019 IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (6) 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 (7) Section 551.087 Government Code — To Discuss Economic Development Incentives In The City's Industrial District/ETJ And In Downtown Port Arthur (8) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects: Griffing Plaza and Heraldo Munoz *The Items In Executive Session May Be Discussed And Acted On In Open Session X. 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 October 23, 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 *************************************************** I3