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HomeMy WebLinkAboutMARCH 17, 2020 REGULAR MEETING I HURMAN BILL BARTIE,MAYOR E„e,R,. RON BURTON HAROLD DOUCET,SR. MAYOR PRO TEM City of CU) CITY MANAGER COUNCIL MEMBERS: / I ` 400SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY CAL J.JONES n► f ►'t{t tt ►' THOMAS J.KINLAW III VAL TREND CHARLOTTE MOSES f` trtsCITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting March 17, 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 March 17, 2020 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie Mayor Pro Tern Doucet, Sr. Councilmember Scott, Jr. Councilmember Jones Councilmember Kinlaw, III Councilmember Moses Councilmember Frank City Manager Burton City Secretary Bellard, TRMC City Attorney Tizeno Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Greg K. Richard Regarding Situation #9, Part 2 (2) Fernando R. Ramirez, Gil Castro And Pastor Joselo Hernandez Regarding Using Spanish Media For City Announcements B. Presentations (1) A Presentation By The Wanted Riders Trail Rider Social And Civic Organization Regarding The 2020 Zydeco Dance Festival (1) A Presentation By Staff Regarding Traffic Control C. Employee Recognition — None i AGENDA MARCH 17, 2020 III. PETITIONS & COMMUNICATIONS — CONTINUED D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 6:00 P.M. A Public Hearing Regarding An Amendment To Appendix A, Zoning, Section 7, Use Of Land And Buildings And Section 22, Special Conditions To Allow Workforce Housing By Specific Use Permit In Certain Zoning Districts; And Amending Chapter 22, Business Regulations, Creating Requirement For Workforce Housing Within The City Of Port Arthur's Code Of Ordinances V. UNFINISHED BUSINESS — NONE VI. CONSENT AGENDA NOTICE TO THE PUBLIC: The Following Items Are Of A Routine Or Administrative Nature. The Council Has Been Furnished With Background And Support Material On Each Item, And/Or It Has Been Discussed At A Previous Meeting. All Items Will Be Acted Upon By One Vote Without Being Discussed Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Travel Request — None B. Expense Reports (B1) Assistant City Secretary Kelly Moore: Texas Municipal Clerk's Annual Election Law Seminar Frisco, TX January 28 — 31, 2020 $1,440.91 C. Minutes — None 2 AGENDA MARCH 17, 2020 VI. CONSENT AGENDA — CONTINUED D. Resolutions (1) P.R. No. 21215 — A Resolution Authorizing The Execution Of A Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 4248 10th Avenue, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program (2) P.R. No. 21303 — A Resolution Authorizing The Execution Of A Contract For The Purchase Of Fire Hydrants For The Water Utilities Department, Water Distribution Division, With Core & Main Of Beaumont, Texas (Formerly HD Supply Of Beaumont, Texas), With A Not-To-Exceed Amount Of $200,000.00 (Unit Prices As Shown In The Attached Quote). Funds Are Available In Account No. 410- 1253-532.35-00 (3) P.R. No. 21304 — A Resolution Authorizing The City Manager To Amend The Contract Between The City Of Port Arthur And Arceneaux, Wilson & Cole, LLC Of Port Arthur, Texas, For The 120 Omitted Days For The Construction Phase For Pioneer Park Lift Station Project (4) P.R. No. 21305 — A Resolution Authorizing The City Manager Of The City Of Port Arthur To Execute Amendment No. 3 To The Amended And Restated Industrial District Agreement With Motiva Enterprises, LLC (5) P.R. No. 21307 — A Resolution Approving The 2020 Community Development Block Grant Allocations In The Amount Of $1,152,703.00 For The City Of Port Arthur (6) P.R. No. 21313 — A Resolution Authorizing The City Manager To Enter Into A Change Order With The Construction Managers Of Southeast Texas Of Port Arthur, Texas To Construct Port Arthur Transit's New Maintenance Building And Electric Charging Infrastructure, In An Amount Not To Exceed $3,731,600.36; Funds Available In Account 401-1509-561.82-00 AGENDA MARCH 17, 2020 VI. CONSENT AGENDA — CONTINUED (7) P.R. No. 21314 — A Resolution Approving The FY 2021 Contract Amendment Between The City Of Port Arthur And The Department Of State Health Services For The Public Health Emergency Preparedness Program By Adding $103,507.00 In Federal Funding With A 10% City Match Of $10,351.00 And Extending The Contract To End June 30, 2021 (8) P.R. No. 21315 — A Resolution Authorizing The City Manager To Enter Into A Contract Between The City Of Port Arthur And Maguire Iron, Inc. Of Sioux Falls, South Dakota For Construction Phase Services Of The West Port Arthur Road (Hwy 73/Spur 93) Elevated Storage Tank, In The Amount Not To Exceed $605,610.00; Funds Are Available In Account No. 405-1621-532.85-00, Water System (9) P.R. No. 21321 — A Resolution Calling For Public Hearing To Consider Proposed Abandonments For Approximately 7.3272-Acres Of Land Consisting Of Improved Portions Of The Terminal Road And 25th Street Rights-Of-Way Located In The Port Arthur Heights Addition And Port Arthur Land Company Subdivision, City Of Port Arthur, Jefferson County, Texas A20-01 (City Of Port Arthur) (10) P.R. No. 21322 — A Resolution Calling For Public Hearing To Consider Proposed Abandonment For Approximately 1.845-Acres Of Land Consisting Of An Unimproved Portion Of The 53rd Street Right-Of-Way Located In The Port Arthur Land Company Subdivision, City Of Port Arthur, Jefferson County, Texas A20-02 (City Of Port Arthur) (11) P.R. No. 21323 — A Resolution Designating Capital One Bank, N.A., As The Depository Bank For The City Of Port Arthur And Authorizing The City Manager To Execute All Documents Necessary To Implement The Contract Renewal To Be Effective April 1, 2020 4 AGENDA MARCH 17, 2020 VI. CONSENT AGENDA — CONTINUED (12) P.R. No. 21324 — A Resolution Authorizing The City Manager To Enter Into Contracts With Southern Tire Mart And The Goodyear Tire And Rubber Company Of Beaumont, Texas, Through The Buyboard Cooperative Purchasing Program, Contract No. 553-18, For The Purchase Of Tires And Tubes, In A Total Not To Exceed Amount Of $400,000.00; Funding Available In Departmental Accounts Delineated In The Resolution (13) P.R. No. 21329 — A Resolution Affirming The City Manager's Actions In Accepting A $25,000.00 Grant From "The Texas Counts Pooled Fund" To Fund Activities Of Texas Census 2020 Education And Engagement Activities VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21236 — A Resolution Authorizing The Lease Of Office Space Located Within 501 Procter Street By The City Of Port Arthur Section 4A Economic Development Corporation To The Port Arthur Greater Minority Chamber Of Commerce (2) P.R. No. 21261 — A Resolution Reappointing Members To The Port Arthur Library Board With Staggered Terms Pursuant To Ordinance 20-19 (3) P.R. No. 21306 — A Resolution Rescinding Resolution No. 19-528 In Its Entirety As It Pertains To The Approval Of Entering Into An Agreement With Americom Marketing In Order To Implement A Corporate Target Market Branding Strategy To Recruit/Market Human Population To Port Arthur, Texas Who Are Willing To Relocate To An Income Tax Free State With Good Paying Jobs Ranging From $60,000.00 — $80,000.00 Due To A Surplus In Jobs Which Require A High Level Of Skillset And A Great Way To Build, Ship And Rail In An Amount Not To Exceed $36,850.00 5 AGENDA MARCH 17, 2020 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (4) P.R. No. 21308 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Contract For Grass Cutting Services At The Spur 93 Business Park With Joey's Tractor Service Of Port Arthur Texas At A Cost Not To Exceed $15,400.00, Funds Available In EDC Account Number 120- 1429-582.59-02 (5) P.R. No. 21310 — A Resolution Approving An Economic Development Conditional Grant Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And I&C Entertainment II, LLC For An Amount Of $415,000.00; Funds Available In EDC Account No. 120-1429-582.59.01 (6) P.R. No. 21311 — A Resolution Authorizing The Second Year (First Renewal) Of The Contract With Southeast Texas Building Services Of Nederland, Texas, For Janitorial Services At 501 Procter With A Projected Budgetary Impact Of $20,000.00; EDC Building Account No. 120-1429-582.32-00 (7) P.R. No. 21312 — A Resolution Approving Funding Of $5,144.85 From The City Of Port Arthur Section 4A Economic Development Corporation To Chmura Economics & Analytics For The Availability And Tracking Of The Following Trending Analytics: Demographics, Employment Trends, Wage Trends, Cost Of Living Index, Industry Snapshot, Industry Cluster, Educational Levels And Region Definition Regarding Economic Impact In Its Entirety For Port Arthur, Texas Account No. 120-1429-582.59-05 (8) P.R. No. 21316 — A Resolution Designation And Establishing The Annual Zydeco Dance Festival Entertainment Area For 2020, Designating Wanted Riders Trail Ride Social And Civic Organization As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement Thereof 6 AGENDA MARCH 17, 2020 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (9) P.R. No. 21327 — A Resolution Authorizing A One Year Extension Of The Contract With Ardurra Group, LLC For Disaster Recovery Grant Management And Administration Services And Providing Additional Contract Funding Of $1.05 Million; Fund Availability Is Subject To Reimbursement From FEMA And/Or Other Sources; To Be Paid From Hurricane Harvey Account #147-2300-901.54-00 B. Ordinances — Non-Consent (1) P. 0. No. 6829 — An Ordinance Amending Chapter 14, Article XI (Historical Landmark Commission), Sections 14-351 And 14-353 Of The Code Of Ordinances Of The City Of Port Arthur, Texas (2) P.O. No. 6835 — An Ordinance Amending Ordinance No. 20-10 For The Purpose Of Cancelling The Conduct Of A Joint Election With The Sabine Pass Independent School District And The Sabine Pass Port Authority; Providing For The Conduct Of A General Election On May 2, 2020, For The Purpose Of Electing Six (6) Councilmembers, In The City Of Port Arthur, Texas, In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice Una Ordenanza Que Enmienda Ordenanza No. 20-10 Para El Proposito De Cancelar La Conducta De Una Eleccion Conjunta Con El Distrito Escolar Independiente De Sabine Pass Y La Autoridad Portuaria De Sabine Pass; Proporcionando La Realizacion De Una Eleccion General El 2 De Mayo De 2020, Para El Proposito De Elegir A Seis (6) Consejeros, En La Ciudad De Port Arthur, Texas, De Acuerdo Con El Capitulo 271 Del Codigo De Eleccion De Texas, Y Proporcionando La Publicacion Del Aviso De Eleccion AGENDA MARCH 17, 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 March 18, 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 *************************************************** 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 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.