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HomeMy WebLinkAbout(03) JULY 21, 2020 REGULAR MEETING REGULAR MEETING — July 21, 2020 I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie gave the invocation followed with the pledge to the flag. The City Council of the City of Port Arthur met in Regular Session on Tuesday, July 21, 2020 at 11:00 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Thurman "Bill" Bartie; Mayor Pro Tem Charlotte Moses; Councilmembers Raymond Scott, Thomas Kinlaw, III, Harold Doucet, Sr. and Kaprina Frank; City Manager Ron Burton; City Secretary Sherri Bellard; City Attorney Valecia R. Tizeno and Sergeant At Arms Police Chief Tim Duriso. Councilmember Cal Jones was absent from the Regular Meeting. II. PROCLAMATIONS — None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Michael Pena Regarding Accountability For Pear Ridge Hall Michael Pena appeared before the City Council to discuss the above-mentioned topic. B. Presentations (1) A Presentation By AT&T Director Of External And Legislative Affairs, Jonathon McClellan, Regarding Updating City Ordinance To Permit Small Cell Nodes In City Right Of Way As Described In Texas Local Government Code Chapter 284 Jacob Smith gave the above-mentioned presentation. (2) A Presentation By The City Manager Regarding Street Lights City Manager Ron Burton gave the above-mentioned presentation. (3) An Update By The City Manager Regarding The 2020 U. S. Census City Manager Ron Burton gave the above-mentioned presentation. C. Employee Recognition D. Correspondence E. Discussion (1) Discussion And Possible Action Regarding The Belinda Baca Monument Parks and Recreation Director Chandra Alpough appeared before the City Council to answer inquiries regarding the above-mentioned topic. IV. PUBLIC HEARING(S) - 9:00 AM (1-A) The Proposed Abandonment Of 0.4072-Acre Portion Of A Dedicated Public Right-Of-Way, Known As Terminal Road, Port Arthur Heights Addition (North Of West 19th Street And East Of State Highway 82 (A.K.A. Dr. Martin Luther King, Jr. Drive) (1-B) The Proposed Abandonment Of 2.042-Acre Portion Of A Dedicated Public Right-Of-Way, Known As Terminal Road, An Extension Of Public Road Shown On Plat As The Port Arthur Heights Addition (South Of West 17t" Street And East Of State Highway 82 (A.K.A. Dr. Martin Luther King, Jr. Drive) (1-C) The Proposed Abandonment Of 4.878-Acre Portion Of A Dedicated Public Right-Of-Way, Known As 25th Street And Being Part Of Block 4 And 5, Ranges "K" And "L", Port Arthur Land Company Subdivision (North Of 19th Street Between Memorial Boulevard And Savannah Avenue) The Mayor introduced the above-mentioned Public Hearing at 11:33 a.m. Director of Development Services Pamela Langford appeared before the City Council and gave an overview of the above-mentioned item. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned item. No one appeared before the City Council to address the above-mentioned item. Upon the motion of Councilmember Doucet, seconded by Councilmember Scott and carried unanimously, the City Council closed the Public Hearing at 11:42 a.m. (2) The Proposed Abandonment Of 1.845-Acre Portion Of A Dedicated Public Right-Of-Way, Known As 53rd Street And Being Part Blocks 8 & 9, Block 8, Range "G" Port Arthur Land Company Subdivision (Property Located North Of State Highway 73 Between Twin City Highway And KCS Railway). Purpose Of Request Is To Abandon Right-Of-Way For Proposed Construction Of A Rail Yard The Mayor introduced the above-mentioned Public Hearing at 11:43 a.m. Director of Development Services appeared before the City Council and gave an overview of the above-mentioned item. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned item. Steve Roth appeared before the City Council to address the above-mentioned abandonment. Upon the motion of Mayor Pro Tem Moses seconded by Councilmember Doucet and carried unanimously, the City Council closed the Public Hearing at 12:01 p.m. VI. CONSENT AGENDA City Council Minutes Regular Meeting —July 21, 2020 2 Upon the motion of Mayor Pro Tern Moses, seconded by Councilmember Frank and carried, the following Consent Agenda items were adopted: Voting Yes: Mayor Bartie; Mayor Pro Tern Moses; Councilmembers Scott, Kinlaw, Doucet and Frank. Voting No: None. A. Travel Request — None B. Expense Reports — None C. Minutes June 9, 2020 Regular Meeting June 23, 2020 Regular Meeting June 30, 2020 Special Meeting July 7, 2020 Special Executive Meeting July 7, 2020 Regular Meeting D. Resolutions (1) P.R. No. 21325 — A Resolution Requesting That City Council Ratify City Manager's Decision For The Emergency Repairs To The Lift Station On West Port Arthur Road For Utilities Operations Department By Shaver Construction & Contracting Services, LLC DBA Silverback Services of Jasper, Texas With A Budgetary Impact Of $171,160.00, Acct No. 405-1621-532.83-00, Sewer System Maintenance Proposed Resolution No. 21325 was adopted becoming Resolution No. 20-226. (2) P.R. No. 21429 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And McInnis Construction, Inc. Of Silsbee, Texas For Phase II Repairs To The Department Club That Increases The Contract Amount By $7,370.00 To A New Contract Amount Of $231,370.00. Funds Available In Account 140-1405-551.59-00 Project M97910 (Hotel Occupancy Tax Funds.) Proposed Resolution No. 21429 was adopted becoming Resolution No. 20-227. (3) P.R. No. 21454 — A Resolution Authorizing The City Manager To Enter Into A Contract For The Purchase Of Sensus Meters For The Water Utilities Operations Department With Aqua-Metric Sales Company Of Selma, Texas In A Not To Exceed Amount Of $280,000.00, Spanning Fiscal Year 2020 And Fiscal Year 2021. Funds Are Available In Water Utilities Operations Account #410- 1253-532.35-00 (Water System Maintenance) Proposed Resolution No. 21454 was adopted becoming Resolution No. 20-228. (4) P.R. No. 21462 — A Resolution Authorizing The City Manager To Purchase An Uninterruptible Power Supply For The Police Department's 9-1-1 Communications Center City Council Minutes Regular Meeting —July 21, 2020 3 From Solid IT Networks Through The BuyBoard Cooperative Purchasing Program In The Amount Of $36,798.94, With Said Purchase To Be Reimbursed By SETRPC 9-1-1 Network. Funding In The Police Department Account No. 001-1101-521.72-00 Proposed Resolution No. 21462 was adopted becoming Resolution No. 20-229. (5) P.R. No. 21477 — A Resolution Pertaining To The Department Of The Army License And The Sabine Neches Waterway Project, Port Arthur Canal Proposed Resolution No. 21477 was adopted becoming Resolution No. 20-230. (6) P.R. No. 21478 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim For Traffic Signal Damage At Jimmy Johnson Blvd. And 9th Avenue In The Amount Of $73,332.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TML-IRP) Proposed Resolution No. 21478 was adopted becoming Resolution No. 20-231. (7) P.R. No. 21483 — A Resolution Authorizing The City Manager To Enter Into Community Development Block Grant — Coronavirus (CDBG-CV) Agreements With The City Of Port Arthur Health Department ($598,123.00), Catholic Charities ($50,000.00) And Nutrition And Services For Seniors ($30,000.00) To Support Public Service Activities That Prevent, Prepare For And Respond To The Coronavirus. The Agreements Total $678,123.00 And Are Funded With CDBG-CV From The Department Of Housing And Urban Development Proposed Resolution No. 21483 was adopted becoming Resolution No. 20-232. (8) P.R. No. 21485 — A Resolution Authorizing The City Manager To Extend The Contract Expiration Date With Proterra, Inc. Of Burlingame, California For The Purchase Of Six (6) Battery Electric Vehicles And Charging Infrastructure For Port Arthur Transit, Until January 31, 2021; Funds Available In Account 401-1509-561.93-00 Proposed Resolution No. 21485 was adopted becoming Resolution No. 20-233. (9) P.R. No. 21486 — A Resolution Authorizing The Purchase Of A 2021 Freightliner M2-106 SRA Trash Truck From Houston Freightliner Of Houston, Texas, Through HGAC Contract No. HT06-20 For The Public Works Solid Waste Trash Division, With A Projected Budgetary Impact Of $188,126.86; Funds Are Available In The Capital Reserve Equipment Replacement Public Works Solid Waste Equipment — Account No. 625-1801-533.92-00 Proposed Resolution No. 21486 was adopted becoming Resolution No. 20-234. (10) P.R. No. 21487 — A Resolution Authorizing The City Manager To Enter Into An Agreement For Independent Professional Services Between The City Of Port Arthur And City Council Minutes Regular Meeting —July 21, 2020 4 Laura Kay Emmert, A Medical Laboratory Technologist, To Provide Contract Services For The City's Laboratory, Account Number 001-1301-541.59-00, Other Contractual Account Funds In The Amount Of $30,000.00 Were Budgeted In The FY 2021 Budget Proposed Resolution No. 21487 was adopted becoming Resolution No. 20-235. (11) P.R. No. 21488 — A Resolution Authorizing The City Manager To Enter Into A Contract Between The City Of Port Arthur And Steward Medical Group For Williams D. George, MD To Continue To Act As The City's Health Authority And Supervising Physician Of The Employee Health Services Clinic. A Total Of $46,100.00 Was Budgeted In The FY 2021 General Fund Professional Service Account 001-1301- 541.54-00 And Employee Health Professional Service Account 001-1303-541.54-00 Proposed Resolution No. 21488 was adopted becoming Resolution No. 20-236. (12) P.R. No. 21489 — A Resolution Authorizing The City Manager To Amend The Contract Between The City Of Port Arthur And Sigma Engineering, Inc. Of Beaumont, Texas By Increasing The Contract Amount By $747.50 For Reimbursable Expenses For The Design Of A Splash Pad And Soccer Field At The Lakeview Pool Area For A New Contract Amount Of $40,107.50. Capital Improvement Fund Account Number 307-1601-591.95-00 Project Number PR-003 Proposed Resolution No. 21489 was adopted becoming Resolution No. 20-237. (13) P.R. No. 21490 — A Resolution Authorizing The City Manager To Execute TML Settlement For Damages To Police Units 1893 And 1937 In The Amount Of $16,900.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TML-IRP) Proposed Resolution No. 21490 was adopted becoming Resolution No. 20-238. (14) P.R. No. 21491 - A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim For Damages To Police Units 1998 And 2141 In The Amount Of $13,232.09 Made Against Texas Municipal League Intergovernmental Risk Pool (TML-IRP) Proposed Resolution No. 21491 was adopted becoming Resolution No. 20-239. (15) P.R. No. 21495 — A Resolution Authorizing The City Manager To Execute A Commercial Refuse Disposal Contract Between The City Of Port Arthur, Texas And 2S Roll Off Service LLC Of Beaumont, Texas For The Purpose Of Disposing Of Refuse At The City's Sanitary Landfill Proposed Resolution No. 21495 was adopted becoming Resolution No. 20-240. City Council Minutes Regular Meeting —July 21, 2020 5 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — None A. Ordinances (1) P. O. No. 6840 - An Ordinance Amending The Code Of Ordinances Section 86-113 (Residential Rubbish) By Adding A Fee Of $1.75 Per Month For Residential Customers And Amending Section 86-114 (A)(1) (Commercial Refuse) By Adding A Fee For Extra Commercial Refuse Pick-Up Based Upon Customer Requests, Adding Section 86-114 (A)(9) By Adding A $100 Fee For Extra Commercial Containers And Adjusting Fees For 2 Cy And 4 Cy Containers The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Scott, seconded by Councilmember Doucet and carried, Proposed Ordinance No. 6840 was tabled. Voting Yes: Mayor Bartie; Mayor Pro Tem Moses; Councilmembers Scott, Kinlaw, Doucet and Frank. Voting No: None. (2) P.O. No. 6881 — An Ordinance Amending Ordinance No. 20- 58 As It Pertains To The Developer Participation Agreement Between The City Of Port Arthur And H&P Engineering & Construction, Inc. The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Doucet, seconded by Mayor Pro Tem Moses and carried, Proposed Ordinance No. 6881 was adopted becoming Ordinance No. 20-63. Voting Yes: Mayor Bartle; Mayor Pro Tem Moses; Councilmembers Scott, Kinlaw, Doucet and Frank. Voting No: None. The caption of Ordinance No. 20-63 reads as follows: ORDINANCE NO. 20-63 AN ORDINANCE AMENDING ORDINANCE NO. 20-58 AS IT PERTAINS TO THE DEVELOPER PARTICIPATION AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND H&P ENGINEERING & CONSTRUCTION, INC. (3) P.O. No. 6886 — An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Frank and carried, Proposed Ordinance No. 6886 was adopted becoming Ordinance No. 20-64. City Council Minutes Regular Meeting —July 21, 2020 6 Voting Yes: Mayor Bartie; Mayor Pro Tern Moses; Councilmembers Scott, Kinlaw, Doucet and Frank. Voting No: None. The caption of Ordinance No. 20-64 reads as follows: ORDINANCE NO. 20-64 AN ORDINANCE EXTENDING THE DECLARATION OF DISASTER PURSUANT TO §418.108(B) OF THE TEXAS GOVERNMENT CODE (4) P. O. No. 6884 - An Ordinance Providing For The Conduct Of A Special Election On November 3, 2020, For The Adoption Of An Additional Section 4A Type A (Economic Development Corporation) Sales And Use Tax At The Rate Of One-Eighth (1/8) Of One Percent For The Promotion And Development Of New And Expanded Business Enterprises The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Scott, seconded by Mayor Pro Tem Moses and carried, Proposed Ordinance No. 6884 was adopted becoming Ordinance No. 20-65. Voting Yes: Mayor Bartie; Mayor Pro Tern Moses; Councilmembers Scott, Kinlaw, Doucet and Frank. Voting No: None. Proposed Ordinance No. 6884 was adopted becoming Ordinance No. 20-65. The caption of Ordinance No. 20-65 reads as follows: ORDINANCE NO. 20-65 AN ORDINANCE PROVIDING FOR THE CONDUCT OF A SPECIAL ELECTION ON NOVEMBER 3, 2020, FOR THE ADOPTION OF AN ADDITIONAL SECTION 4A TYPE A (ECONOMIC DEVELOPMENT CORPORATION) SALES AND USE TAX AT THE RATE OF ONE-EIGHTH (1/8) OF ONE PERCENT FOR THE PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED BUSINESS ENTERPRISES VIII. *CLOSED MEETING (EXECUTIVE MEETING) Closed Meeting: (1) Section 551.071 Government Code — To Discuss With The City Attorney Potential Litigation Regarding Potential Debts/Claims Involving The City (2) Section 551.071 Government Code — To Discuss And Receive Legal Advice From The City Attorney Regarding City Council Minutes Regular Meeting — July 21, 2020 7 Potential And/Or Pending Litigation And Other Legal Matters Involving The City Of Port Arthur (3) 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 Negotiations With The Port Arthur Police Association and International Fire Fighter Association Local 397 (4) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property On The Certain Of Land Located On The City's Westside (5) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (USD Group, LLC) (6) Section 551.074 Government Code - To Discuss The Duties And Responsibility Of The Mayor (Requested By Councilmember Doucet) The City Council recessed their meeting at 1:00 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 2:14 p.m. with the following members present: Mayor Bartle; Mayor Pro Tem Moses; Councilmembers Kinlaw and Doucet; City Manager Burton; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Duriso. MOTIONS IN OPEN SESSION The City Attorney read the following motion into the record: MOTION TO RELEASE OUTSTANDING LIENS AGAINST PROPERTY LOCATED AT 3627 AND 3529 9TH AVE TO ENABLE PROPERTY DEVELOPMENT CONSISTENT WITH CHAPTER 34 SECTION 89 OF THE CITY OF PORT ARTHUR'S CODE OF ORDINANCES IN THE AMOUNT OF $1000.00 Upon the motion of Councilmember Doucet, seconded by Mayor Pro Tem Moses and carried, the above-mentioned motion was adopted. Voting Yes: Mayor Bartie; Mayor Pro Tern Moses; Councilmembers Kinlaw and Doucet. Voting No: None. The City Attorney read the following motion into the record: MOTION TO AUTHORIZE THE CITY'S AUTHORIZED BROKER TO SELL CITY OWNED PROPERTY CONSISTENT WITH THE CONTRACT AT 1008 REV. RAYMOND SCOTT AVE IN THE AMOUNT THAT IS CONSISTENT WITH THE BROKER'S PRICE OPINION WITH THE CLOSING COST PAID BY THE BUYER Upon the motion of Councilmember Doucet, seconded by Mayor Pro Tern Moses and carried, the above-mentioned motion was adopted. Voting Yes: Mayor Bartie; Mayor Pro Tern Moses; Councilmembers Kinlaw and Doucet. City Council Minutes Regular Meeting —July 21, 2020 8 Voting No: None. IX. ADJOURNMENT OF MEETING Upon the motion by Councilmember Kinlaw, seconded by Councilmember Doucet and carried unanimously, the City Council adjourned their meeting at 2:23 p.m. An audio-tape of this meeting is on file in the office of the City Secretary and is made a part of the official minutes of this meeting. MAYOR THURMAN "BILL" BARTIE ATTEST: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD July 21, 2020. APPROVED: City Council Minutes Regular Meeting —July 21, 2020 9