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HomeMy WebLinkAbout05/08/2018 - REGULAR MEETING @ 8:30 A.M. (I/S & O/S) i MAY 1 8 2018 NOTICE otice is hereby given pursuant to Chapter 551 of the Government Code that a Regular Meeting of the City Council of The City of Port Arthur, Texas will be held on Tuesday, May 8, 2018 at 8:30 a.m. in the City Council Chamber, Fifth Floor, City Hall, 444 Fourth Street, Port Arthur, Texas To Consider the following Agenda. CERTIFICATION I certify that a copy of "the May 8 2018 Meeting Agenda was posted this41"d-ayof 2018 in the City Hall Building Lobby (inside/ou ide), Port Arthur, Texas atp.m. Kelly ore Assistant City Secretary I certify that the attached notice and agenda was remov d by me from the City Hall btin board ull insi outside) on the / day of , 2018. Title: , �/ w NOTICE "ED otice is hereby given pursuant to Chapter 551 of the Government Code that a Regular Meeting of the City Council of The City of Port Arthur, Texas will be held on Tuesday, May 8, 2018 at 8:30 a.m. in the City Council Chamber, Fifth Floor, City Hall, 444 Fourth Street, Port Arthur, Texas To Consider the following Agenda. CERTIFICATION I certify that a copy f the May 8,',2018 Meeting Agenda was posted this 441 �ay of 2018 in the City Hall Building Lobby (inside/oust ide), Port Arthur, Texas at '' P.M. Kelly oore Assistant City Secretary I certify that the attached notice and agenda was removed b e from the City Hall bulletin board (inside outside on the day of , 2018. Title: / � ►• C'a'r _ r � DERRICK FORD FREEMAN,MAYOR Sne+gy HARVEY ROBINSON CAL J.JONES,MAYOR PRO TEM City of city INTERIM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY THOMAS J.KINLAW,III t r t h u r HAROLD DOUCET,SR. VAL TIZENO CHARLOTTE MOSES l�aus CITY ATTORNEY KAPRINA FRANK AGENDA City Council Regular Meeting May 8, 2018 8:30 a.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 May 8, 2018 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tem Jones Councilmember Scott, Jr. Councilmember Kinlaw, III Councilmember Doucet, Sr. Councilmember Moses Councilmember Frank Interim City Manager Robinson City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Melvin Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Victoria A. Woody Regarding Victoria's Special Occasions and Parties LLC, (VSOP) Bringing New Business And Jobs To The City (2) Greg Richard Regarding Forensic Audit Workshop Update (3) Allen Valka Of Opies's Towing & Transport Regarding City Ordinance 8-105, Parking Limited To Cars, Pickup Trucks, And Vans i E AGENDA May 8, 2018 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) A Presentation By Darlene Thomas-Pierre, Director Of Inspections And Code Compliance Regarding Tire And Trash Pick-Up (2) A Presentation By Armando Gutierrez, Director Of Public Works Regarding The Streets Program C. Employee Recognition — None D. Correspondence — None E. Discussion (1) A Discussion Regarding City-Owned Properties (Requested by Councilmember Doucet) IV. PUBLIC HEARINGS — 9:00 A.M. (1) A Public Hearing To Consider Z18-03 [Sup# 231] — Specific Use Permit For Approximately 1.873 Acres Of Land, Tract 81, Abstract No. 123 D. Gahagen, Pleasure Island, City Of Port Arthur, Jefferson County, Texas (2) A Public Hearing To Consider A Zoning Change From Multiple Family 'SMF" To Planned Development District — 37 'SPD-37" For Approximately 4.658 Acres Of Land, Lots 3, 4, 5 and 6, Block 12, Range "G", Port Arthur Land company Subdivisions, City of Port Arthur, Jefferson County, Texas E 2 AGENDA MAY 8, 2018 V. UNFINISHED BUSINESS (1) P.R. No. 20155 — A Resolution Authorizing One (1) Year Contracts Between The City Of Port Arthur And Eighteen (18) Vendors: (1) Affordable Lawn Care Of Port Arthur, Texas, (2) All In One Lawn Service Of Port Arthur, Texas, (3) Bladerunners Of Beaumont, Texas, (4) Dee Rite Cut Of Port Arthur, Texas, (5) Derrick And Noah Lawn Service Of Port Arthur, Texas, (6) DMJ Landscaping Of Port Arthur, Texas, (7) Eduardo T.O. Landscaping Of Groves, Texas, (8) Hites Maintenance Of Port Arthur, Texas, (9) Israel Lopez Construction Of Port Arthur, Texas, (10) J & J Lawn Service And Landscaping Of Beaumont, Texas, (11) JL Handyman Of Port Arthur, Texas, (12) K & D Affordable Of Port Arthur, Texas, (13) M & J Lawn Services Of Port Arthur, Texas, (14) Myers And Myers Of Port Arthur, Texas, (15) Newcost Company Of Port Arthur, Texas, (16) South East Texas Lawn And Maintenance Of Beaumont, Texas, (17) S-Mo Unlimited Of Port Arthur, Texas And (18) Support Operation Services Of Port Arthur, Texas For Grass Mowing Services Of Privately-Owned And City-Owned Vacant Lots In Areas Of The City Designated As Areas B Through E, With An Annual Projected Budgetary Impact Of $150,000.00. Funds Are Available In Account Number 001-1304-541.59-00 — Other Contractual Services 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. Expense Reports — None B. Minutes April 24, 2018 Regular Meeting } AGENDA MAY 8, 2018 VI. CONSENT AGENDA — CONTINUED C. Resolutions (1) P.R. No. 20186 — A Resolution Authorizing The Execution Of A Utilities Relocation Agreement Between The City Of Port Arthur And Port Arthur LNG Holdings, LLC Pertaining To A Public Utility Easement Whereupon A Liquefaction Facility Will Be Erected Located In The City Of Port Arthur (2) P.R. No. 20204 — A Resolution Awarding A Bid And Authorizing The City Manager To Execute A Contract With Excavation And Construction, LLC Of Port Arthur, Texas For The Lakeshore Drive Roadway Pavement Replacement Project With A Projected Budgetary Impact Amount Of $560,000.00. Funding Is Available In Account Under The Capital Improvement Account For Street Maintenance 307-1601-591.86-01 Project# EDC002 (3) P.R. No. 20226 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Physical Damage Claim In The Amount Of $50,223.24 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To City Hall Annex Building (4) P.R. No. 20227 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Physical Damage Claim In The Amount Of $10,080.40 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Water Distribution Unit #2005 (5) P.R. No. 20228 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $2,443,519.75 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood Damages To City Vehicles Due To Hurricane Harvey (August 30, 2017) 4 AGENDA MAY 8, 2018 VI. CONSENT AGENDA — CONTINUED (6) P.R. No. 20242 — A Resolution Authorizing The City Manager To Make A Payment To Texas Commission On Environmental Quality (TCEQ) For The Second Quarter Fee For Landfill Disposal With A Not To Exceed Amount Of $29,566.07. Funding Is Available In Account No. 403-1274-533.59-01, Public Works Department Landfill Division — Regulatory Fees/Fines (7) P.R. No. 20243 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $14,955.90 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood Damages To A Unit Of Mobile Equipment Due To Hurricane Harvey (August 30, 2017) (2016 Gradall Excavator DE) (8) P.R. No. 20244 — A Resolution Authorizing The Third Year And Final Year Of The Contract With Siddons-Martin Emergency Group Of Port Arthur And Houston, Texas, For Preventative Maintenance And Repair To Fire Department Fire Apparatus And Other Special Response Vehicles, With A Projected Budgetary Impact Of $200,000.00; Funding Available In Fire Department Vehicle Maintenance Account No. 001-1121-522.43-00 (9) P.R. No. 20245 — A Resolution Authorizing The Donation Of Ten (10) Outdated Self Contained Breathing Apparatus (SCBAs) To The Lamar Institute Of Technology Fire Academy (10) P.R. No. 20249 — A Resolution Nominating Motiva Enterprises, LLC To The Office Of The Governor Economic Development And Tourism (OOGEDT) Through The Economic Development Band 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 5 AGENDA MAY 8, 2018 VI. CONSENT AGENDA — CONTINUED (11) P.R. No. 20250 — 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 (12) P.R. No. 20252 — A Resolution Authorizing The Purchase Of Sixteen (16) Police Vehicles Via The Texas GoodBuy Cooperative Purchasing Contract From Silsbee Ford Of Silsbee, Texas In The Amount Of $501,032.48; Funding Available In Account Numbers: 147-2300-901.92-00, Project No. 082617; 001-1101-521.11-00; And 001-1101-521.57-00 (13) P.R. No. 20253 — A Resolution Authorizing The City Of Port Arthur To Participate In An Interlocal Agreement For Cooperative Purchasing With GoodBuy Purchasing Cooperative Of The Education Service Center, Region 2 (14) P.R. No. 20255 — A Resolution Authorizing The City Manager To Enter Into A Six (6) Months Lease With Karey Amick Of B&H Enterprises, Inc., For The Property Located At 949 T.B. Ellison Parkway, Also Known As The Pleasure Island Boat Yard (15) P.R. No. 20257 — A Resolution Authorizing The City Manager To Execute Change Order No. 02 To The Contract Between The City Of Port Arthur And Old Castle Materials Gulf Coast, Inc., Of Beaumont, Texas For The West Rev. Dr. Ransom Howard (West 7th) Street Pavement Rehabilitation Project Increasing The Contract Amount By $55,493.82 To A New Total Amount Of $1,443.369.07 And Increasing The Contract Term By 36 Calendar Days To A New Total Of 177 Days. Funding Available In GLO Round 2.2 Program, Project No. 122W7, Account No. 145-1201-532.59-00 ($730,000.00) And Capital Projects Account 307-1601-591.86-00 ($713,369.07) 6 • r i a AGENDA MAY 8, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20183 — A Resolution Rejecting All Request For Qualifications For Engineering Design And Construction Management Services Street Program Year One (2) P.R. No. 20216 — A Resolution Documenting That Pursuant To The Amendment Of Section 9 Of Article II Of The City Charter Approved At The May 2, 1992 City Election In The City Of Port Arthur, Texas, District 3 Councilmember Shall Serve As Mayor Pro Tem And Shall Act As Mayor During The Absence Or Disability Of The Mayor And Shall Serve As Mayor Pro Tem Until May 2019 SWEARING IN OF MAYOR PRO TEM THOMAS KINLAW III (3) P.R. No. 20221 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Arceneaux, Wilson And Cole, LLC Of Port Arthur, Texas For The Roadway Design Of 15th Street With A Projected Budgetary Amount Of $66,111.00. Funding Is Available In Account 307-1601- 591.86.00 Under The Capital Improvements Account For Streets Improvement (4) P.R. No. 20222 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Arceneaux, Wilson And Cole, LLC Of Port Arthur, Texas For The Roadway Design Of Willow Avenue With A Projected Budgetary Amount Of $99,135.00. Funding Is Available In Account 307-1601- 591.86.00 Under The Capital Improvements Account For Streets Improvement (5) P.R. No. 20223 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Arceneaux, Wilson And Cole, LLC Of Port Arthur, Texas For The Roadway Design Of 60th Street With A Projected Budgetary Amount Of $110,703.00. Funding Is Available In Account 307-1601- 591.86.00 Under The Capital Improvements Account For Streets Improvement r AGENDA MAY 8, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (6) P.R. No. 20230 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Action Civil Engineers, PLLC Of Port Arthur, Texas For The Roadway Design Of Sunken Court — Phase I With A Projected Budgetary Amount Of $106,300.00. Funding Is Available In Account 307- 1601-591.86.00 Under The Capital Improvements Account For Street Improvement (7) P.R. No. 20231 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Action Civil Engineers, PLLC Of Port Arthur, Texas For The Roadway Design Of Sunken Court — Phase II With A Projected Budgetary Amount Of $110,500.00. Funding Is Available In Account 307- 1601-591.86.00 Under The Capital Improvements Account For Street Improvement (8) P.R. No. 20232 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Soutex Surveyors And Engineers Of Port Arthur, Texas For The Roadway Design Of Carolina Avenue With A Projected Budgetary Amount Of $106,000.00. Funding Is Available In Account 307- 1601-591.86.00 Under The Capital Improvements Account For Streets Improvement (9) P.R. No. 20233 — A Resolution Authorizing The City Manager To Execute A Professional Services Agreement Between The City Of Port Arthur And Soutex Surveyors And Engineers Of Port Arthur, Texas For The Roadway Design Of 8th Avenue With A Projected Budgetary Amount Of $106,000.00. Funding Is Available In Account 307-1601-591.86.00 Under The Capital Improvements Account For Streets Improvement (10) P.R. No. 20238 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Action Civil Engineers, PLLC Of Port Arthur, Texas For The Roadway Design Of Nashville Avenue With A Projected Budgetary Amount Of $109,500.00. Funding Is Available In Account 307-1601-591.86.00 Under The Capital Improvements Account For Streets Improvement AGENDA MAY 8, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances — Non-Consent (1) P.O. No. 6690 — An Ordinance Authorizing The City Manager To Execute The Settlement Of Mobile Equipment Physical Damage In The Amount Of $275,000.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Landfill Compactor #1636 (2) P.O. No. 6693 — An Ordinance Of The City Of Port Arthur, Texas Approval To Implement The Rates For A New Federal Tax Credit Rider ("FTCCR") Proposed By Aqua Texas, Inc. Aqua Utilities, Inc. (Including Its Subsidiaries Harper Water Company, Inc., And Kerrville South Water Company, Inc.) And Aqua Development, Inc. D/B/A Aqua Texas Filing Made With The City On April 4, 2018; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject, And Declaring An Effective Date (3) P.O. No. 6694 — An Ordinance Amending Chapter 34, Article II, Sections 54 — 64 To The City Of Port Arthur Code Of Ordinances, To Include Regulations For The Proper Disposal Of Tires And The Registration Of Certain Tire Businesses And Tire Haulers Within The City Of Port Arthur; Providing For A Penalty Of $50.00 For Each Separate Offense; And Providing For Publication Thereof 9 Y AGENDA MAY 8, 2018 VIII. *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 – Attorney Consultation To Provide Advice And Counsel In Connection With The City's Rights, Duties, Privileges, And Obligations In Connection With Pending Litigation And Negotiations With The Port Arthur Police Association (2) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) IX. 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 May 9, 2018. 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 ************************************************************ 10 ;v f 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 Councit 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 goad 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. A" N w NOTICE 6�' � X, E D otice is hereby given pursuant to Chapter 551 of the Government Code that a Regular Meeting of the City Council of The City of Port Arthur, Texas will be held on Tuesday, May 8, 2018 at 8:30 a.m. in the City Council Chamber, Fifth Floor, City Hall, 444 Fourth Street, Port Arthur, Texas To Consider the following Agenda. CERTIFICATION I certify that a copy f the May 8, 2018 Meeting was g pA enda osted this �ayof �' �►� 2018 in the City Hall Building Lobby (inside/out ide), Port Arthur, Texas at ' p.m. J Kelly oore Assistant City Secretary I certify that the attached notice and agenda was removed b e from the City Hall bul etm board (inside outside on the day of , 2018. #A� Title: i � ►• �� t � • DERRICK FORD FREEMAN,MAYOR HARVEY ROBINSON CAL J.JONES,MAYOR PRO TEM City Of INTERIM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY THOMAS J.KINLAW,III n r t r t h u r HAROLD DOUCET,SR. VAL TIZENO CHARLOTTE MOSES T`.ra'c CITY ATTORNEY KAPRINA FRANK AGENDA City Council Regular Meeting May 8, 2018 8:30 a.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 May 8, 2018 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Freeman Mayor Pro Tem Jones Councilmember Scott, Jr. Councilmember Kinlaw, III Councilmember Doucet, Sr. Councilmember Moses Councilmember Frank Interim City Manager Robinson City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Melvin Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Victoria A. Woody Regarding Victoria's Special Occasions and Parties LLC, (VSOP) Bringing New Business And Jobs To The City (2) Greg Richard Regarding Forensic Audit Workshop Update (3) Allen Valka Of Opies's Towing & Transport Regarding City Ordinance 8-105, Parking Limited To Cars, Pickup Trucks, And Vans AGENDA May 8, 2018 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (1) A Presentation By Darlene Thomas-Pierre, Director Of Inspections And Code Compliance Regarding Tire And Trash Pick-Up (2) A Presentation By Armando Gutierrez, Director Of Public Works Regarding The Streets Program C. Employee Recognition — None D. Correspondence — None E. Discussion (1) A Discussion Regarding City-Owned Properties (Requested by Councilmember Doucet) IV. PUBLIC HEARINGS — 9:00 A.M. (1) A Public Hearing To Consider Z18-03 [Sup# 231] — Specific Use Permit For Approximately 1.873 Acres Of Land, Tract 81, Abstract No. 123 D. Gahagen, Pleasure Island, City Of Port Arthur, Jefferson County, Texas (2) A Public Hearing To Consider A Zoning Change From Multiple Family "MF" To Planned Development District — 37 'SPD-37" For Approximately 4.658 Acres Of Land, Lots 3, 4, 5 and 6, Block 12, Range "G", Port Arthur Land company Subdivisions, City of Port Arthur, Jefferson County, Texas 2 AGENDA MAY 8, 2018 V. UNFINISHED BUSINESS (1) P.R. No. 20155 — A Resolution Authorizing One (1) Year Contracts Between The City Of Port Arthur And Eighteen (18) Vendors: (1) Affordable Lawn Care Of Port Arthur, Texas, (2) All In One Lawn Service Of Port Arthur, Texas, (3) Bladerunners Of Beaumont, Texas, (4) Dee Rite Cut Of Port Arthur, Texas, (5) Derrick And Noah Lawn Service Of Port Arthur, Texas, (6) DMJ Landscaping Of Port Arthur, Texas, (7) Eduardo T.O. Landscaping Of Groves, Texas, (8) Hites Maintenance Of Port Arthur, Texas, (9) Israel Lopez Construction Of Port Arthur, Texas, (10) J & J Lawn Service And Landscaping Of Beaumont, Texas, (11) JL Handyman Of Port Arthur, Texas, (12) K & D Affordable Of Port Arthur, Texas, (13) M & J Lawn Services Of Port Arthur, Texas, (14) Myers And Myers Of Port Arthur, Texas, (15) Newcost Company Of Port Arthur, Texas, (16) South East Texas Lawn And Maintenance Of Beaumont, Texas, (17) S-Mo Unlimited Of Port Arthur, Texas And (18) Support Operation Services Of Port Arthur, Texas For Grass Mowing Services Of Privately-Owned And City-Owned Vacant Lots In Areas Of The City Designated As Areas B Through E, With An Annual Projected Budgetary Impact Of $150,000.00. Funds Are Available In Account Number 001-1304-541.59-00 — Other Contractual Services 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. Expense Reports — None B. Minutes April 24, 2018 Regular Meeting AGENDA MAY 8, 2018 VI. CONSENT AGENDA — CONTINUED C. Resolutions (1) P.R. No. 20186 — A Resolution Authorizing The Execution Of A Utilities Relocation Agreement Between The City Of Port Arthur And Port Arthur LNG Holdings, LLC Pertaining To A Public Utility Easement Whereupon A Liquefaction Facility Will Be Erected Located In The City Of Port Arthur (2) P.R. No. 20204 — A Resolution Awarding A Bid And Authorizing The City Manager To Execute A Contract With Excavation And Construction, LLC Of Port Arthur, Texas For The Lakeshore Drive Roadway Pavement Replacement Project With A Projected Budgetary Impact Amount Of $560,000.00. Funding Is Available In Account Under The Capital Improvement Account For Street Maintenance 307-1601-591.86-01 Project# EDC002 (3) P.R. No. 20226 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Physical Damage Claim In The Amount Of $50,223.24 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To City Hall Annex Building (4) P.R. No. 20227 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Physical Damage Claim In The Amount Of $10,080.40 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Water Distribution Unit #2005 (5) P.R. No. 20228 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $2,443,519.75 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood Damages To City Vehicles Due To Hurricane Harvey (August 30, 2017) •. 4 AGENDA MAY 8, 2018 VI. CONSENT AGENDA — CONTINUED (6) P.R. No. 20242 — A Resolution Authorizing The City Manager To Make A Payment To Texas Commission On Environmental Quality (TCEQ) For The Second Quarter Fee For Landfill Disposal With A Not To Exceed Amount Of $29,566.07. Funding Is Available In Account No. 403-1274-533.59-01, Public Works Department Landfill Division — Regulatory Fees/Fines (7) P.R. No. 20243 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $14,955.90 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of The Flood Damages To A Unit Of Mobile Equipment Due To Hurricane Harvey (August 30, 2017) (2016 Gradall Excavator DE) (8) P.R. No. 20244 — A Resolution Authorizing The Third Year And Final Year Of The Contract With Siddons-Martin Emergency Group Of Port Arthur And Houston, Texas, For Preventative Maintenance And Repair To Fire Department Fire Apparatus And Other Special Response Vehicles, With A Projected Budgetary Impact Of $200,000.00; Funding Available In Fire Department Vehicle Maintenance Account No. 001-1121-522.43-00 (9) P.R. No. 20245 — A Resolution Authorizing The Donation Of Ten (10) Outdated Self Contained Breathing Apparatus (SCBAs) To The Lamar Institute Of Technology Fire Academy (10) P.R. No. 20249 — A Resolution Nominating Motiva Enterprises, LLC To The Office Of The Governor Economic Development And Tourism (OOGEDT) Through The Economic Development Band 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 AGENDA MAY 8, 2018 VI. CONSENT AGENDA — CONTINUED (11) P.R. No. 20250 — 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 (12) P.R. No. 20252 — A Resolution Authorizing The Purchase Of Sixteen (16) Police Vehicles Via The Texas GoodBuy Cooperative Purchasing Contract From Silsbee Ford Of Silsbee, Texas In The Amount Of $501,032.48; Funding Available In Account Numbers: 147-2300-901.92-00, Project No. 082617; 001-1101-521.11-00; And 001-1101-521.57-00 (13) P.R. No. 20253 — A Resolution Authorizing The City Of Port Arthur To Participate In An Interlocal Agreement For Cooperative Purchasing With GoodBuy Purchasing Cooperative Of The Education Service Center, Region 2 (14) P.R. No. 20255 — A Resolution Authorizing The City Manager To Enter Into A Six (6) Months Lease With Karey Amick Of B&H Enterprises, Inc., For The Property Located At 949 T.B. Ellison Parkway, Also Known As The Pleasure Island Boat Yard (15) P.R. No. 20257 — A Resolution Authorizing The City Manager To Execute Change Order No. 02 To The Contract Between The City Of Port Arthur And Old Castle Materials Gulf Coast, Inc., Of Beaumont, Texas For The West Rev. Dr. Ransom Howard (West 7th) Street Pavement Rehabilitation Project Increasing The Contract Amount By $55,493.82 To A New Total Amount Of $1,443.369.07 And Increasing The Contract Term By 36 Calendar Days To A New Total Of 177 Days. Funding Available In GLO Round 2.2 Program, Project No. I22W7, Account No. 145-1201-532.59-00 ($730,000.00) And Capital Projects Account 307-1601-591.86-00 ($713,369.07) 6 ,• r � P AGENDA MAY 8, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20183 — A Resolution Rejecting All Request For Qualifications For Engineering Design And Construction Management Services Street Program Year One (2) P.R. No. 20216 — A Resolution Documenting That Pursuant To The Amendment Of Section 9 Of Article II Of The City Charter Approved At The May 2, 1992 City Election In The City Of Port Arthur, Texas, District 3 Councilmember Shall Serve As Mayor Pro Tem And Shall Act As Mayor During The Absence Or Disability Of The Mayor And Shall Serve As Mayor Pro Tem Until May 2019 SWEARING IN OF MAYOR PRO TEM THOMAS KINLAW III (3) P.R. No. 20221 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Arceneaux, Wilson And Cole, LLC Of Port Arthur, Texas For The Roadway Design Of 15th Street With A Projected Budgetary Amount Of $66,111.00. Funding Is Available In Account 307-1601- 591.86.00 Under The Capital Improvements Account For Streets Improvement (4) P.R. No. 20222 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Arceneaux, Wilson And Cole, LLC Of Port Arthur, Texas For The Roadway Design Of Willow Avenue With A Projected Budgetary Amount Of $99,135.00. Funding Is Available In Account 307-1601- 591.86.00 Under The Capital Improvements Account For Streets Improvement (5) P.R. No. 20223 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Arceneaux, Wilson And Cole, LLC Of Port Arthur, Texas For The Roadway Design Of 60th Street With A Projected Budgetary Amount Of $110,703.00. Funding Is Available In Account 307-1601- 591.86.00 Under The Capital Improvements Account For Streets Improvement V r AGENDA MAY 8, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (6) P.R. No. 20230 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Action Civil Engineers, PLLC Of Port Arthur, Texas For The Roadway Design Of Sunken Court — Phase I With A Projected Budgetary Amount Of $106,300.00. Funding Is Available In Account 307- 1601-591.86.00 Under The Capital Improvements Account For Street Improvement (7) P.R. No. 20231 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Action Civil Engineers, PLLC Of Port Arthur, Texas For The Roadway Design Of Sunken Court — Phase II With A Projected Budgetary Amount Of $110,500.00. Funding Is Available In Account 307- 1601-591.86.00 Under The Capital Improvements Account For Street Improvement (8) P.R. No. 20232 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Soutex Surveyors And Engineers Of Port Arthur, Texas For The Roadway Design Of Carolina Avenue With A Projected Budgetary Amount Of $106,000.00. Funding Is Available In Account 307- 1601-591.86.00 Under The Capital Improvements Account For Streets Improvement (9) P.R. No. 20233 — A Resolution Authorizing The City Manager To Execute A Professional Services Agreement Between The City Of Port Arthur And Soutex Surveyors And Engineers Of Port Arthur, Texas For The Roadway Design Of 8th Avenue With A Projected Budgetary Amount Of $106,000.00. Funding Is Available In Account 307-1601-591.86.00 Under The Capital Improvements Account For Streets Improvement (10) P.R. No. 20238 — A Resolution Authorizing The City Manager To Execute An Agreement Between The City Of Port Arthur And Action Civil Engineers, PLLC Of Port Arthur, Texas For The Roadway Design Of Nashville Avenue With A Projected Budgetary Amount Of $109,500.00. Funding Is Available In Account 307-1601-591.86.00 Under The Capital Improvements Account For Streets Improvement 8 r AGENDA MAY 8, 2018 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances — Non-Consent (1) P.O. No. 6690 — An Ordinance Authorizing The City Manager To Execute The Settlement Of Mobile Equipment Physical Damage In The Amount Of $275,000.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Landfill Compactor #1636 (2) P.O. No. 6693 — An Ordinance Of The City Of Port Arthur, Texas Approval To Implement The Rates For A New Federal Tax Credit Rider ("FTCCR") Proposed By Aqua Texas, Inc. Aqua Utilities, Inc. (Including Its Subsidiaries Harper Water Company, Inc., And Kerrville South Water Company, Inc.) And Aqua Development, Inc. D/B/A Aqua Texas Filing Made With The City On April 4, 2018; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject, And Declaring An Effective Date (3) P.O. No. 6694 — An Ordinance Amending Chapter 34, Article II, Sections 54 — 64 To The City Of Port Arthur Code Of Ordinances, To Include Regulations For The Proper Disposal Of Tires And The Registration Of Certain Tire Businesses And Tire Haulers Within The City Of Port Arthur; Providing For A Penalty Of $50.00 For Each Separate Offense; And Providing For Publication Thereof 9 r AGENDA MAY 8, 2018 VIII. *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 – Attorney Consultation To Provide Advice And Counsel In Connection With The City's Rights, Duties, Privileges, And Obligations In Connection With Pending Litigation And Negotiations With The Port Arthur Police Association (2) Section 551.072 Government Code — To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) IX. 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 May 9, 2018. 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 ************************************************************ 10 1 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. S. 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 goad 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. S. Persons Having Complaints, Allegations, or Charges Against Individual City Employee. 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.