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Home My WebLink AboutJANUARY 27, 2020 REGULAR MEETING THURMAN BILL BARTIE,MAYOR RON BURTON HAROLD DOI CET,SR.MAYOR PRO TEM City of --G CITY MANAGER COUNCIL MEMBERS: 0' SHERRI BELLARD,TRMC RAYMOND SCOTT. R. r1, ` / t`�-�� CITY SECRETARY CAL J.JONESur THOMAS J.KINIII VAL TREND CHARLOTTE MOSES ` "�S CITY ATTORNEY KATRINA FRANK AG E N DA City Council Regular Meeting January 27, 2020 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 January 27, 2020 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartle Mayor Pro Tern Doucet, Sr. Councilmember Scott, Jr. Councilmember Jones Councilmember Kinlaw, III Councilmember Moses Councilmember Frank City Manager Burton City Secretary Bellard, TRMC City Attorney Tizeno Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Artemus W. Hancock, Sr. Regarding Sewage Back Up Into Homes And Pipe Busting (2) Greg Richard Regarding "The Big Payback" Genesis 15: 13-14 (3) Rev. Van Jordan Regarding A Motorcycle Rally On Procter Street (4) Anita Sepeda Regarding Homeless Conestoga Huts (5) Jonathan Pressey Regarding Injustice In Port Arthur AGENDA JANUARY 27, 2020 III. PETITIONS & COMMUNICATIONS B. Presentations (1) A Presentation By Ardurra Group Regarding An Update On Disaster Recovery (2) A Presentation By Staff Regarding The Upcoming Drainage and Storm Water Symposium (3) A Presentation By Staff Regarding The December Financial Report And The Quarterly Investment Report (4) A Presentation By The City Attorney Regarding Potential Changes To The City's Gaming Ordinance C. Employee Recognition — None D. Correspondence — None E. Discussion (1) A Discussion Regarding The Port Arthur Business Enterprise (PABE) Criteria (Requested By Councilmember Doucet) IV. PUBLIC HEARINGS — 6:00 P.M. (1) One (1) Of Two (2) Public Hearings To Receive Public Comment As To The Effects In The Community Of The Curfew Ordinance And As To Whether The City Should Continue, Modify Or Abolish The Curfew Ordinance The Second Scheduled Hearing With Be Held On Tuesday, February 4, 2020 At 9:00 A.M. V. UNFINISHED BUSINESS — NONE 2 AGENDA JANUARY 27, 2020 VI. CONSENT AGENDA NOTICE TO THE PUBLIC: The Following Items Are Of A Routine Or Administrative Nature. The Council Has Been Furnished With Background And Support Material On Each Item, And/Or It Has Been Discussed At A Previous Meeting. All Items Will Be Acted Upon By One Vote Without Being Discussed Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Travel Request — None B. Expense Reports — None C. Minutes December 3, 2019 Special Executive Meeting December 3, 2019 Regular Meeting D. Resolutions (1) P.R. No. 21222 — A Resolution Authorizing The City Manager To Apply For Fiscal Year 2020 Law Enforcement Terrorism Prevention Activity Program (LETPA) Funding With No Grant Match Requirement (2) P.R. No. 21231 — A Resolution Authorizing The City Manager To Enter Into A Contract With Greenscapes Six, LLC Of Baytown, Texas For Repair Of The Parking Lot At The Robert A "Bob" Bowers Civic Center In The Amount Of $249,140.00; Project Will Be Funded With Hurricane Harvey Account No. 147-2300-901.32-00, Project No. 082617 (3) P.R. No. 21237 — A Resolution Authorizing The City Manager To Apply For Fiscal Year 2020 State Homeland Security Program (SHSP)Grant Funding With No Grant Match Requirement 3 AGENDA JANUARY 27, 2020 VI. CONSENT AGENDA — CONTINUED (4) P.R. No. 21242 — A Resolution Authorizing The City Of Port Arthur To Participate In An Interlocal Agreement For Cooperative Purchasing With Southeast Texas Purchasing Cooperative Administered By The Region 5 Education Service Center (Region 5 ESC) — Letter In The Annual Amount Of $600.00; Funding Available In Account No. 001-1033-515-21.00 (5) P.R. No. 21245 — A Resolution Authorizing The City Manager To Enter Into An Agreement Between The City Of Port Arthur And Stuart Consulting Group Of Houston, Texas For The Lake Arthur Detention Area For A Design Fee Not To Exceed $700,800.00. Funding Is Available In HMGP Engineering Account No. 154-2300- 901.53-00 And CDBG-DR Engineering Account No. 148-2300- 901.53-00 li Project No. DR1P01. No City Funds (6) P.R. No. 21246 — A Resolution Authorizing The City Manager To Enter Into An Agreement Between The City Of Port Arthur And Stuart Consulting Group Of Houston, Texas For The Babe Zaharias Golf Course Drainage For A Design Fee Not To Exceed $450,789.00. Funding Is Available In CDBG-DR Engineering Account No. 148-2300-901.53-00 Project #DR1PO4. No City Funds (7) P.R. No. 21247 — A Resolution Authorizing The City Manager To Enter Into An Agreement Between The City Of Port Arthur And Arceneaux Wilson And Cole Of Port Arthur, Texas For The El Vista Subdivision Drainage For A Design Fee Not To Exceed $239,375.00. Funding Is Available In HMGP Engineering Account No. 154-2300- 901.53-00 And CDBG-DR Engineering Account No. 148-2300- 901.53-00 Project #DR1P02. No City Funds (8) P.R. No. 21248 — A Resolution Authorizing The City Manager To Enter Into An Agreement Between The City Of Port Arthur And Arceneaux Wilson And Cole Of Port Arthur, Texas For The Port Acres Subdivision Drainage For A Design Fee Not To Exceed $685,867.00. Funding Is Available In HMGP Engineering Account No. 154-2300-901.53-00 And CDBG-DR Engineering Account No. 148-2300-901.53-00 Project #DR1P03. No City Funds 4 AGENDA JANUARY 27, 2020 VI. CONSENT AGENDA — CONTINUED (9) P.R. No. 21250 — A Resolution Of The City Council Of The City Of Port Arthur, Texas, Authorizing The Publication Of The Notice Of Intention To Issue City Of Port Arthur, Texas Certificates Of Obligation In A Principal Amount Not To Exceed $60,560,000.00 In One Or More Series For The Construction Of Public Works And Any Items Related Thereto And For The Payment Of Contractual Obligations For Professional Services; And Approving Other Matters Relating Thereto (10) P.R. No. 21254 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Greenscapes 6, LLC Of Baytown, Texas For The Repairs And Restoration Of The Carolina Avenue Pavement Improvement Project North Of Gulfway Drive That Increases The Contract Amount By $20,452.00 From The Original Contract Amount Of $1,211,583.50 To The New Contract Amount Of $1,232,035.00. Funding Is Available In The Capital Improvements Street Account No. 307-1601-591.86-00. Project No. ST1P10 (11) P.R. No. 21255 — A Resolution Authorizing The City Manager To Execute.Change Order No. 1 To The Contract Between The City Of Port Arthur And Excavation & Construction, LLC Of Port Arthur, Texas For The 8th Avenue Improvement Project From 32nd Street To The Dead-End For Additional Paving And Drainage Modifications That Increase The Contract Amount By $23,092.00 From The Original Contract Amount Of $881,393.50 To The New Contract Amount Of $904,485.50. Funding Is Available In The Capital Improvements Street Account No. 307-1601-591.86-00. Project No. ST1P11 AGENDA JANUARY 27, 2020 VI. CONSENT AGENDA — CONTINUED (12) P.R. No. 21256 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Excavation & Construction, LLC Of Port Arthur, Texas For The Sunken Court Roadway Reconstruction Project From Twin City Highway To North Park Drive For The Removal And Replacement Of An Existing Water Line That Increases The Contract Amount By $41,225.48 From The Original Contract Amount Of $2,268,343.13 To The New Contract Amount Of $2,309,568.61. Funding Is Available In The Capital Improvements Street Account No. 307-1601-591.86-00. Project No. ST1P02 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21249 — A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Mayor Pro Tern Doucet) B. Ordinances — Non-Consent • (1) P. 0. No. 6815 An Ordinance Of The City Council Of Port Arthur, Texas, Authorizing Participation With Other Entergy Service Area Cities In Matters Concerning Entergy Texas, Inc. At The Public Utility Commission Of Texas In 2020; Authorizing The Hiring Of Lawyers And Rate Experts; Authorizing The City's Participation To The Full Extent Permitted By Law At The Public Utility Commission Of Texas; Finding That The Meeting Complies With The Open Meetings Act; And Declaring An Effective Date AGENDA JANUARY 27, 2020 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P. 0. No. 6821 — An Ordinance Of The City Of Port Arthur, Texas, Amending Ordinance No. 18-71 As It Pertains To A Waiver For Flood Elevation Requirements In The Code Of Ordinances, Chapter 42: Floods And Zoning Requirements In The Code Of Ordinances, Appendix A: Zoning To Allow For Manufactured Homes, Mobile Housing Units, And Recreational Vehicles In Floodplains, Special Flood Hazard Areas, And To Temporarily Locate In Any Zoning District For Temporary Use To Allow The Federal Emergency Management Agency (FEMA) To Provide Temporary Direct Housing Assistance In The Form Of Manufactured Homes, Mobile Housing Units, Recreational Vehicles, And Other Readily Fabricated Dwellings, In Response To Widespread Damage Caused By Hurricane Harvey; And Providing Findings Of Fact (3) P. 0. No. 6822 — An Ordinance Of The City Of Port Arthur, Texas, Authorizing The Issuance And Sale Of City Of Port Arthur, Texas, Combination Tax And Revenue Certificates Of Obligation, Series 2020A In The Aggregate Principal Amount Of $10,000,000.00; Levying A Tax In Payment Thereof; Awarding The Sale Thereof; Authorizing The Execution And Delivery Of A Paying Agent/Registrar Agreement, Approving The Official Statement; Confirming The Engagement Of Professionals In Connection With The Issuance Of The Certificates Of Obligation; Finding And Determining That The Meeting At Which This Ordinance Is Passed Is Open To The Public As Required By Law; And Enacting Other Provisions Relating Thereto (4) P. 0. No. 6823 — An Ordinance Amending Article II (Personnel Policy), Division 1 (Generally), Section 78-49 (Sexual Harassment) Of The Code Of Ordinances Of The City Of Port Arthur AGENDA JANUARY 27, 2020 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 January 28, 2020. 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 *************************************************** 8 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.