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HomeMy WebLinkAboutDECEMBER 22, 2020 REGULAR MEETING AGENDA 5:30 PM THURMAN BILL BARTIE,MAYOR F.nery RON BURTON CHARLOTTE MOSES MAYOR PRO TEM City of on CITY MANAGER COUNCIL MEMBERS: \ 40i SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY CAL J.JONES o r l r t h u r THOMAS J. KINLAW III VAL TREND KENNETH MARKS Ti�_trtc CITY ATTORNEY KAPRINA FRANK AG E N DA City Council Regular Meeting December 22, 2020 5:30 PM NOTICE OF MEETING BY TELEPHONIC & VIDEOCONFERENCE In Accordance With Order Of The Office Of The Governor Issued March 16, 2020, The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled At 5:30 P.M. On December 22, 2020 [THERE WILL BE NO PUBLIC ACCESS TO CITY HALL FOR THE MEETING] By Telephonic And Videoconference In Order To Advance The Public Health Goal Of Limiting Face-To-Face Meetings (Also Called "Social Distancing") To Slow The Spread Of The Coronavirus (COVID-19). Any Person May Participate And Address The City Council By Dialing One Of The Following Toll Free Numbers And Entering The Meeting ID: 851-7609-0677 And Passcode: 277513 (877) 853-5247 US Toll Free (888) 788-0099 US Toll Free 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 December 22, 2020 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie Mayor Pro Tern Moses Councilmember Scott, Jr. Councilmember Jones Councilmember Kinlaw, III Councilmember Marks 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 — None B. Presentations (1) A Presentation By Staff Regarding The October Monthly Financial Report C. Employee Recognition — None D. Correspondence — None E. Discussion (1) A Discussion Regarding The Trash Pickup Schedule (Requested By Councilmember Kinlaw) AGENDA December 22, 2020 IV. PUBLIC HEARINGS — 6:00 P.M. (1) The Purpose Of Considering Whether To Amend Chapter 94 — Street, Sidewalks, And Other Public Places, Article VII. — Excavations, Section 94-452(3). — Conditions Required For Granting, Of The City Of Port Arthur Code Of Ordinances To Extend The Boundary For Commercial Excavation Of Earth Materials To Include Approximately 234.050-Acres Of Land Owned By Mary E. Young Properties, Wm. McFaddin Survey, Section 10, Abstract No. 415, And Port Arthur Land Company Subdivision The Item Being Considered In This Public Hearing Is Proposed For FINAL Action By The City Council In P.O. No. 6919 (2) To Consider The Following: Proposed Change: A Zoning Change From Industrial "I" To Planned Development District — 40 "PD-40" Legal Description: Approximately 58.83-Acres Of Land (Called 58.82), Part Of Lots 1,2,3 And 8, Block 14, Range "L" And Part Of Lots 4 And 5, Block 14, Range "K", Port Arthur Land Company Subdivision, Port Arthur, Jefferson County, Texas The Item Being Considered In This Public Hearing Is Proposed For FINAL Action By The City Council In P.O. No. 6920 (3) To Consider The Following: Proposed Change: A Zoning Change From Single Family "SF" To Light Commercial "LC" Legal Description: Approximately 0.6457-Acre Of Land, Lots 1 And 2, Block 22, Griffing Residential Park Subdivision, Port Arthur, Jefferson County, Texas The Item Being Considered In This Public Hearing Is Proposed For FINAL Action By The City Council In P.O. No. 6921 L 2 AGENDA December 22, 2020 IV. PUBLIC HEARINGS — 6:00 P.M. — CONTINUED (4) To Consider The Following: Proposed Change: A Zoning Change From Light Commercial "LC" To Agricultural "A" Legal Description: Approximately 8.948-Acres Of Land, Tract 6, Lot 12, Block 17, Port Acres Addition, Port Arthur, Jefferson County, Texas The Item Being Considered In This Public Hearing Is Proposed For FINAL Action By The City Council In P.O. No. 6922 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 — None C. Minutes — None L _ AGENDA December 22, 2020 VI. CONSENT AGENDA — CONTINUED D. Resolutions (1) P.R. No. 21664 — A Resolution Authorizing The Execution Of A Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 1011 Reverend Dr. Ransom Howard Street, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program (2) P.R. No. 21681 — A Resolution Authorizing The Purchase Of Police Equipment, Accessories And Ammunition From G.T. Distributors Of Austin, Texas, Under BuyBoard Contract With A Projected Budgetary Impact Of $73,000.00. Funds Are Available In Police Minor Equipment Account No. 001-1101-521.25-00 ($43,000.00) And Police Other Supplies — Material Account No. 001-1101-521.29- 00 ($30,000.00) (3) P.R. No. 21685 — A Resolution Authorizing The Execution Of An Encroachment Agreement Between The City Of Port Arthur And EGIA Property Management, LLC Of Port Arthur, Texas For Property Located At 817 Houston Avenue, Port Arthur, Texas (4) P.R. No. 21698 — A Resolution Authorizing The City Manager To Purchase Thirty (30) Commercial Containers From Box Gang Manufacturing Of Houston, Texas With A Projected Budgetary Impact Amount Of $25,650.00. Funding Is Available In The Public Works Container Service (Minor Equipment) Account Number 403- 1272-533.25-00 (5) P.R. No. 21699 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And American Restoration Of Wylie, Texas For Phase II Repairs To Rosehill That Increases The Contract Term By Four Days To A New Completion Date Of May 18, 2021 At No Additional Cost 4 AGENDA December 22, 2020 VI. CONSENT AGENDA — CONTINUED (6) P.R. No. 21700 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 To The Contract Between The City Of Port Arthur And American Restoration Of Wylie, Texas For Phase II Repairs To The Rosehill Manor That Increases The Contract Amount By $50,100.00, Bringing The Total For Phase II Exterior Work To $261,100.00. Funds Available In Hotel Occupancy Tax Fund Account No. 140-1405-551.59-00 Project #M97908 (7) P.R. No. 21702 — A Resolution Authorizing The City Manager To Execute A Contract With Paramount Design & Development Of Beaumont, Texas For Demolition, Site Preparation, And Reconstruction Of Four (4) Homes In The Amount Of $658,725.80 Which Includes A Contingency In The Amount Of $15,000.00 From Account No. 105-1431-552.59-00 Project No. C45115 And The Texas Department Of Housing And Community Affairs Home Disaster Program (8) P.R. No. 21704 — A Resolution Authorizing The City Of Port Arthur To Enter Into An Agreement With The Workforce Solutions Southeast Texas Board Of Beaumont, Texas, To Provide Expenditure Data That The Workforce Solutions Southeast Texas Board Can Use As A Match For Additional Child Care Funds Through A Child Care Local Match Contribution Agreement (9) P.R. No. 21705 — A Resolution Authorizing The City Manager To Purchase Two (2) 2020 Ford F-150 Crew Cab Trucks Through GoodBuy Cooperative Purchasing Program Product Pricing No. 20 8F000 Vehicles Form Silsbee Ford Of Silsbee, Texas In The Total Amount Of $58,300.00; Funding Is Available In Public Works Engineering Account No. 625-1801-531.93-05 (10) P.R. No. 21706 — A Resolution Authorizing The 2020-2021 Jefferson Central Appraisal District (JCAD) Funding Allocation In An Amount Of $226,030.37 From Account No. 001-1031-515.54-00 (11) P.R. No. 21707 — 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 ParFab Field Service 5 AGENDA December 22, 2020 VI. CONSENT AGENDA — CONTINUED (12) P.R. No. 21708 — A Resolution Approving A Pre-Employment Workforce Training Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Lamar Institute Of Technology (LIT) For The Training Of Port Arthur Residents In The Police Academy In An Amount Of $2,600.00 Per Resident And A Total Amount Not To Exceed $23,400; Funds Available In EDC Account No. 120-1429-582.59-07 (13) P.R. No. 21709 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Tuition Assistance Agreement For Port Arthur Resident Trainees Selected For Enrollment Into Lamar Institute Of Technology Police Academy At A Cost Of $1,400.00 Per Resident And A Total Amount Not To Exceed $12,600; Funded From Account No. 120-1429- 582.59-07 (14) P.R. No. 21710 — A Resolution Approving A Pre-Employment Workforce Training Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Lamar State College Port Arthur For The Training Of Port Arthur Residents As Class A & B Commercial Drivers In An Amount Not To Exceed $75,000.00; Funds Available In EDC Acct. #120-1429-582.59-07 (15) P.R. No. 21711 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Utilize Pre- Employment Workforce Training Funds To Implement A 2021 Summer Youth Employment Program In An Amount Not Exceed $90,000.00; Funds Available In EDC Account No. 120-1429-582.59- 14 (16) P.R. No. 21712 — A Resolution Approving A Training Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Lamar State College Port Arthur For Tuition Reimbursement For Five (5) Port Arthur Resident High School Graduates Attending A 2-Year Associate Degree Program; Funds In EDC Account No. 120-1429-582.59-07 6 AGENDA December 22, 2020 VI. CONSENT AGENDA — CONTINUED (17) P.R. No. 21713 — A Resolution Authorizing The Replacement Of A Clarifier Control System With Champion Technology Services Of Port Arthur, Texas Due To An Aging Control System At The Water Purification Plant In The Amount Of $35,998.00; Funding Is Available In Water Utilities Account No. 410-1252-532.92-00, Equipment (18) P.R. No. 21716 — A Resolution Authorizing The Replacement Of A Fairbanks Morse Pump At West Port Arthur Road For The Utilities Department From JDC Fluid Equipment, LLC Of Houston, Texas, With A Total Projected Budgetary Impact Of $40,000.00. Funds Are Available In Water Utilities Account No. 410-1255-532.33-00, Sewer System Maintenance (19) P.R. No. 21717 — A Resolution Authorizing The City Manager To Enter Into An Agreement With Whit's Grass Cutting Of Port Arthur, Texas For Grass Cutting Services At The Civic Center Department Buildings With A Projected Budgetary Impact Of $32,900.00 Per Year. Funding Available In Civic Center Account Number 001-1061- 518.31-00 (20) P.R. No. 21718 — A Resolution Authorizing The 2020-2021 Orange County Appraisal District (OCAD) Funding Allocation In An Amount Of $21,105.00 From Account No. 001-1031-515.54-00 (21) P.R. No. 21720 — A Resolution To Approve Terminating The Contract Between The City Of Port Arthur And Steward Medical Group To Discontinue The Service Of William D. George, MD As Health Authority And Supervising Physician For The Employee Health Services Clinic Upon Dr. George's Retirement Effective December 31, 2020 AGENDA December 22, 2020 VI. CONSENT AGENDA — CONTINUED (22) P.R. No. 21721 — A Resolution Approving The Contract Between The City Of Port Arthur And Oscar Enriquez, MD To Act As The City's Health Authority And Supervising Physician For The Employee Health Services Clinic. Funds Are Budgeted In The FY 2021 General Fund Professional Service Account 001-1301-541.54-00, Employee Health Professional Service Account 001-1303-541.54-00 And Fire Department Professional Service Account No. 001-1121-522.54-00 For A Total Of $60,000.00 (23) P.R. No. 21722 — 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 $136,000.00 For The Year Ending September 30, 2020. Finance Department Account #001-1031-515.54-00 (24) P.R. No. 21723 — A Resolution Authorizing The City Manager To Amend The Payment Schedule Of The Contract With Adurra Group, Inc. Of Houston, Texas For Professional Services Associated With The Management And Administration Of The City Of Port Arthur's Community Development Block Grant Mitigation Program (CDBG- MIT). Funds Are Available In The CDBG Mitigation Account No. 148-2300-901.60-00 (25) P.R. No. 21725 — A Resolution Authorizing The City Manager To Negotiate A Contract With Ardurra Group, Inc., Of Houston, Texas For Disaster Recovery Grant Management And Administration Services (26) P.R. No. 21726 — A Resolution Of The City Council Of The City Of Port Arthur, Texas Designating Authorized Signatories For Contractual Documents And Documents For Requesting Funds Pertaining To The Texas General Land Office DR-4332 Community Development Block Grant — Disaster Recovery Program (CDBG-DR) Local Acquisition Contract Number 20-066-034-C232 8 AGENDA December 22, 2020 VI. CONSENT AGENDA — CONTINUED (27) P.R. No. 21727 — A Resolution Authorizing The Purchase Of Kitchen Equipment From ISI Commercial Refrigeration, LLC Of Houston, Texas By The City Of Port Arthur Section 4A Economic Development Corporation For The Press Building In The Amount Of $148,391.23; Funding Available In EDC Account No. 120-1429- 582.53-00 (28) P.R. No. 21728 — A Resolution Affirming Policies And Procedures In Compliance With Federal Rules And Regulations Governing Citizen Participation And Civil Rights Protection VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21732 — A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With Diamond Green Diesel, LLC B. Ordinances — Non-Consent (1) P.O. No. 6918 — An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code (2) P.O. No. 6919 — An Ordinance Amending Chapter 94 "Streets, Sidewalks, And Other Public Places" Article VII "Excavations," Section 94-452(3) Of The City Of Port Arthur Code Of Ordinances As It Pertain To Excavations; Punishable As Provided In Section 1- 13 Of The Code Of Ordinances, As Amended, By Fine Not Exceeding Two Thousand Dollars (2,000.00); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur Effective Immediately After Publication Date 020-01 9 AGENDA December 22, 2020 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.O. No. 6920 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Creating Planned Development District — 40 On Approximately 58.83-Acres Of Land (Called 58.82), Part Of Lots 1, 2, 3 & 8, Block 14, Range "L", And Part Of Lots 4 & 5, Block 14, Range "K", Port Arthur Land Company Subdivision, Port Arthur, Jefferson County, Texas (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Section 1-13 Of The Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur Effective Immediately After Publication Date Z20-01 — Community RV — Port Arthur, LLC (4) P.O. No. 6921 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning On Approximately 0.6457-Acre Of Land, Lots 1 & 2, Block 33, Griffing Residential Park, Port Arthur, Jefferson County, Texas (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Section 1-13 Of The Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur Effective Immediately After Publication Date Z20-02 — Steven Vu Trieu & Thai Sophia ..v..rvv.rw.. _-.,.... arx...u.r«e..aa.�.......... .. ..auffi....... .»..........,.... .W..__.........�.......—.........,. ...,..,...«a....L.....a....o....... _.............._....,._:.__ O AGENDA December 22, 2020 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (5) P.O. No. 6922 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning On Approximately 8.948-Acres Of Land, Tract 6, Lot 12, Block 17, Port Acres Addition, Port Arthur, Jefferson County, Texas (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Section 1-13 Of The Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur Effective Immediately After Publication Date Z20-04 — Susan Rising & Johnathan Morfin 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 December 23, 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 *************************************************** 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. 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.