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HomeMy WebLinkAbout(8) 04/13/2021 REGULAR MEETING REGULAR MEETING — April 13, 2021 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Marks 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, April 13, 2021 at 5:36 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Thurman "Bill" Bartie; Mayor Pro Tern Charlotte Moses; Councilmembers Cal Jones, Thomas Kinlaw, III, Kenneth Marks, Sr., and Donald Frank; City Manager Ron Burton; City Secretary Sherri Bellard; City Attorney Valecia R. Tizeno and Sergeant At Arms Police Chief Tim Duriso. Councilmember Ingrid Holmes was absent from the Regular Meeting. II. PROCLAMATIONS — None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Jimmy Dike Regarding Trash On Martin Luther King Boulevard Jimmy Dike, 3760 MLK Hwy 82, appeared before the City Council to discuss the above- mentioned topic. B. Presentations (1) Van Shotwell Of Shine On Humanity Regarding Opening A Shine On Humanity Nonprofit Chapter In Port Arthur Van Shotwell gave the above-mentioned presentation. (2) A Presentation By Lithified Technologies (Requested By Councilmember Frank) Bob Lawson and Roy Mullin gave the above-mentioned presentation. (3) A Presentation by Motiva Representative Claire Jackson Regarding A Tree Planting Program Claire Jackson gave the above-mentioned presentation. C. Employee Recognition — None D. Correspondence — None E. Discussion (1) Discussion And Possible Action Regarding Regular City Council Meetings Discussion was held regarding returning to in person council meetings. The City Council directed the City Secretary to prepare a report to be presented at the next regular meeting on April 27, 2021. IV. PUBLIC HEARING(S) (1) To Consider Public Comments, Specifically, The Proposition Will Read: Shall The City Of Port Arthur Type A Economic Development Corporation Sales And Use Tax Funds To Be Used For Enhancements At Adams Park, Rose Hill Park, And The Recreation And Senior Citizens Center Pursuant To 505.152 Of The Texas Local Government Code At A Rate Of $1,000,000.00 Per Year For A Three-Year Period With An Option To Renew For Up To An Additional Three (3) Year Period In The Amount Of $1,000,000.00 Per Year Authorization If Approved By A 2/3 Vote Of The City Council? The Mayor introduced the above-mentioned Public Hearing. Upon the motion by Councilmember Marks, seconded by Councilmember Jones and carried, the above-mentioned Public Hearing began at 6:00 p.m. Voting Yes: Mayor Bartie; Mayor Pro Tem Moses; Councilmembers Jones, Kinlaw, Marks and Frank. Voting No: None. Parks and Recreation Director Chandra Alpough 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 Mayor Pro Tem Moses, seconded by Councilmember Frank and carried unanimously, the City Council closed the Public Hearing at 6:17 p.m. V. UNFINISHED BUSINESS (1) P.R. No. 21855 — A Resolution Approving The 2021 Community Development Block Grant Allocations In The Amount Of $1,122,669.00 For The City Of Port Arthur The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Marks and seconded by Councilmember Jones that Proposed Resolution No. 21855 be adopted. Director of Development Services Pamela Langford appeared before the City Council to answer inquiries regarding the recommended CDBG allocations. Grants Manager Mary Essex appeared before the City Council to answer inquiries regarding the process of recommending CDBG allocations. The motion was made by Councilmember Frank and seconded by Councilmember Jones that the staff allocation recommendations for Proposed Resolution 21855 be amended by allocating $7,500.00 to Grace Hub for lease of office space for their non- profit deducted from the proposed Streets Program allocation. City Council Minutes Regular Meeting —April 13, 2021 2 The following roll call vote was taken on the motion to amend Proposed Resolution No. 21855: Councilmember Frank "Yes" Councilmember Jones "Yes" Councilmember Kinlaw "Yes" Councilmember Marks "No" Mayor Pro Tem Moses "No" Mayor Bartie "Yes" The motion to amend staff allocation recommendations carried. The motion was made by Councilmember Kinlaw and seconded by Councilmember Frank that Proposed Resolution No. 21855 be adopted as amended. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 21855, as amended: Councilmember Frank "Yes" Councilmember Jones "Yes" Councilmember Kinlaw "No" Councilmember Marks "No" Mayor Pro Tem Moses "No" Mayor Bartie "Yes" The motion failed due to a tie vote. The motion was made by Councilmember Jones and seconded by Mayor Pro Tem Moses that Proposed Resolution No. 21855 be reconsidered. Voting Yes: Mayor Bartie; Mayor Pro Tern Moses; Councilmembers Jones, Kinlaw, Marks and Frank. Voting No: None. Proposed Resolution No. 21855 was reconsidered. Upon the motion of Councilmember Frank, seconded by Councilmember Jones and carried, the previously adopted amendment was removed from the Proposed Resolution. Voting Yes: Mayor Bartie; Mayor Pro Tem Moses; Councilmembers Jones, Kinlaw, Marks and Frank. Voting No: None. Upon the motion of Councilmember Jones, seconded by Councilmember Marks and carried, Proposed Resolution No. 21855 was adopted. Voting Yes: Mayor Bartie; Mayor Pro Tern Moses; Councilmembers Jones, Kinlaw, Marks and Frank. Voting No: None. Proposed Resolution No. 21855 was adopted becoming Resolution No. 21-129. The caption of Resolution No. 21-129 reads as follows: City Council Minutes Regular Meeting —April 13, 2021 3 RESOLUTION 21-129 A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT IN THE AMOUNT OF $1,122,669.00 AND A GRANT IN THE AMOUNT OF $276,300.00 IN HOME INVESTMENT PARTNERSHIP (HOME) FUNDS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CITY OF PORT ARTHUR'S 2021 CONSOLIDATED ANNUAL PLAN. THE CONSOLIDATED PLAN WILL BE SUBMITTED TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (2) P.R. No. 21861 — A Resolution Authorizing The City Manager To Apply To The U.S. Department Of Housing And Urban Development For A Community Development Block Grant In The Amount Of $1,122,669.00 And A Grant In The Amount Of $276,300.00 In Home Investment Partnership (HOME) Funds And Authorizing The City Manager To Execute The City Of Port Arthur's 2021 Consolidated Annual Plan. The Consolidated Plan Will Be Submitted To The U.S. Department Of Housing And Urban Development The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Kinlaw, seconded by Mayor Pro Tem Moses Proposed Resolution No. 21861 was adopted becoming Resolution No. 21-130. Voting Yes: Mayor Bartie; Mayor Pro Tern Moses; Councilmembers Jones, Kinlaw, Marks and Frank. Voting No: None. The caption of Resolution No. 21-130 reads as follows: RESOLUTION NO. 21-130 A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT IN THE AMOUNT OF $1,122,669.00 AND A GRANT IN THE AMOUNT OF $276,300.00 IN HOME INVESTMENT PARTNERSHIP (HOME) FUNDS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CITY OF PORT ARTHUR'S 2021 CONSOLIDATED ANNUAL PLAN. THE CONSOLIDATED PLAN WILL BE SUBMITTED TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT VI. CONSENT AGENDA Upon the motion of Councilmember Kinlaw, seconded by Councilmember Marks and carried, the following Consent Agenda items were adopted: City Council Minutes Regular Meeting —April 13, 2021 4 Voting Yes: Mayor Bartie; Mayor Pro Tern Moses; Councilmembers Jones, Kinlaw, Marks and Frank. Voting No: None. A. Travel/Expense Request — None B. Minutes January 5, 2021 Regular Meeting January 19, 2021 Special Meeting (Executive Session) January 19, 2021 Regular Meeting January 28, 2021 Special Meeting (Executive Session) February 2, 2021 Regular Meeting February 18, 2021 Special Meeting February 19, 2021 Special Meeting (Executive Session) February 19, 2021 Regular Meeting February 25, 2021 Special Meeting March 2, 2021 Regular Meeting April 5, 2021 Special Meeting C. Resolutions (1) P.R. No. 21749 — A Resolution Authorizing The Acceptance Of The Completion Of The Relocation And/Or Replacement Of Public Water Infrastructure Project From PALNG Common Facilities Company, LLC/Sempra LNG And Authorizing The City Manager To Execute The Transfer Documents Pursuant To The Asset Relocation Agreement Proposed Resolution No. 21749 was adopted becoming Resolution No. 21-131. (2) P.R. No. 21802 — A Resolution Authorizing The City Manager To Enter Into A Contract With AHC Services Of Beaumont, Texas For Janitorial Services For City Hall And The Annex Building With An Annual Projected Budgetary Impact Of $102,604.92; Funding Available In Account 001-21-059-5312-00-70-000 Building Maintenance Proposed Resolution No. 21802 was adopted becoming Resolution No. 21-132. (3) P.R. No. 21852 — A Resolution Authorizing The City Manager To Enter Into A Contract Between The City Of Port Arthur And BDS Constructors, LLC DBA MK Constructors Of Vidor, Texas For Construction Phase Services Of The Pioneer Park Lift Station, In The Amount Not To Exceed $774,065.00; Funds Are Available In Account No. 405-1621-532.83-00, Sewer System Proposed Resolution No. 21852 was adopted becoming Resolution No. 21-133. (4) P.R. No. 21853 — A Resolution Authorizing The City Manager To Enter Into A Contract Between The City Of Port Arthur And BDS Constructors, LLC DBA MK Constructors Of Vidor, Texas For Construction Phase Services Of The Remediation And Mitigation Of The Twelve (12) Lift Stations Damaged By Hurricane Harvey, For An Amount Not To Exceed $1,278,248.00; Funds Are City Council Minutes Regular Meeting — April 13, 2021 5 Available In Account No. 147-2300-901.83-00, Sewer System Proposed Resolution No. 21853 was adopted becoming Resolution No. 21-134. (5) P.R. No. 21857 — A Resolution Authorizing An Amendment To Resolution No. 20-234 As It Pertains To Replacing The Purchase Of A Freightliner 108SD TRA 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 $198,574.00. Funds Are Available In Capital Reserve Equipment Replacement Public Works Solid Waste Equipment Account No. 625-50-305-8523-00-00-000 Proposed Resolution No. 21857 was adopted becoming Resolution No. 21-135. (6) P.R. No. 21863 — A Resolution Authorizing The City Manager To Enter Into A Contract With Fittz & Shipman, Inc. Of Beaumont, Texas For Professional Engineering Design Services Associated With The Planning And Design Of The Sabine Pass Boat Ramp Rebuild And Area Improvement For The Not To Exceed Amount Of $167,600.00; Funding Is Provided Through A Grant From The Texas Parks And Wildlife Department (TPWD) And Is Available In Account No. 152-60-415-8525-00-00-000 Proposed Resolution No. 21863 was adopted becoming Resolution No. 21-136. (7) P.R. No. 21872 — A Resolution Authorizing The Re- Certification Of Tender Loving Care Center For Children, D/B/A Legacy Community Development Corporation Herein Referred To As TLCCC DBA Legacy CDC, Of Port Arthur, Texas, As A Community Housing Development Organization (CHDO) And Authorizing The City Manager To Execute A Contract With TLCCC DBA Legacy CDC For The Acquire/Rehabilitate/Sale And/Or Provide New Construction And Sale Of Three (3) Homes In The Downtown Affordable Housing Target Area Or City Wide. The Total Amount Provided For Said Activities Is An Amount Not To Exceed $400,000.00 From The Federal Home Program, Account Numbers 108-2141-626.54-00, 108-2141-626.59-00, Project Numbers, HE1901, And HE2001 Proposed Resolution No. 21872 was adopted becoming Resolution No. 21-137. (8) P.R. No. 21874 — A Resolution Authorizing The City Manager To Execute Amendment No. 1 The Contract Between The City Of Port Arthur And Stuart Consulting Group Of Houston, Texas For The Lake Arthur Drainage Improvements By Increasing The Amount By $113,225.00 To A New Contract Amount $814,025.00 And Increasing The Contract Term By 60 Days To A New Contract Term Of 325 Days For The Additional Design Work Mandated By The Texas Division Of Emergency Management (TDEM) And The Federal Emergency Management Agency (FEMA). Funding Is Available In HMGP Engineering Account No. 154-00-000- City Council Minutes Regular Meeting — April 13, 2021 6 8515-00-10-000 And CDBG-DR Engineering Account No. 148-00-000-8515-00-10-000. Project #DR1P01 Proposed Resolution No. 21874 was adopted becoming Resolution No. 21-138. (9) P.R. No. 21875 — A Resolution Authorizing The City Manager To Execute Amendment No. 1 To The Contract Between The City Of Port Arthur And Stuart Consulting Group Of Houston, Texas For The Babe Zaharias Golf Course/Stonegate Drainage Improvements By Increasing The Amount By $40,525.00 To A New Contract Amount Of $491,314.00 And Increasing The Contract Term By 60 Days To A New Contract Term Of 330 Days For The Additional Design Work Mandated By The Texas Division Of Emergency Management (TDEM) And The Federal Emergency Management Agency (FEMA). Funding Is Available In HMGP Engineering Account No. 154-00-000-8515-00-10-000 And CDBG-DR Engineering Account No. 148-00-000-8515-00-10-000. Project #DR1PO4 Proposed Resolution No. 21875 was adopted becoming Resolution No. 21-139. (10) P.R. No. 21876 — A Resolution Authorizing The City Manager To Execute Amendment No. 1 The Contract Between The City Of Port Arthur And Arceneaux Wilson And Cole Of Port Arthur, Texas For The Port Acres Subdivision Drainage Improvements By Increasing The Amount By $24,205.00 To A New Contract Amount Of $710,072.00 And Increasing The Contract Term By 60 Days To A New Contract Term Of 330 Days For The Additional Design Work Mandated By The Texas Division Of Emergency Management (TDEM) And The Federal Emergency Management Agency (FEMA). Funding Is Available In HMGP Engineering Account No. 154-00-000- 8515-00-10-000 And CDBG-DR Engineering Account No. 148-00-000-8515-00-10-000. Project #DR1P03 Proposed Resolution No. 21876 was adopted becoming Resolution No. 21-140. (11) P.R. No. 21877 — A Resolution Authorizing The City Manager To Execute Amendment No. 1 To The Contract Between The City Of Port Arthur And Arceneaux Wilson And Cole Of Port Arthur, Texas For The El Vista Subdivision Drainage Improvements By Increasing The Amount By $17,305.00 To A New Contract Amount Of $256,680.00 And Increasing The Contract Term By 60 Days To A New Contract Term Of 305 Days For The Additional Design Work Mandated By The Texas Division Of Emergency Management (TDEM) And The Federal Emergency Management Agency (FEMA). Funding Is Available In HMGP Engineering Account No. 154-00-000- 8515-00-10-000 And CDBG-DR Engineering Account No. 148-00-000-8515-00-10-000. Project #DR1P02 Proposed Resolution No. 21877 was adopted becoming Resolution No. 21-141. (12) P.R. No. 21879 — A Resolution Approving The FY 2022 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 City Council Minutes Regular Meeting —April 13, 2021 7 $10,351.00 And Extending The Contract To End June 30, 2022 Proposed Resolution No. 21879 was adopted becoming Resolution No. 21-142. (13) P.R. No. 21880 — A Resolution Authorizing The City Manager To Execute A Commercial Refuse Disposal Contract Between The City Of Port Arthur, Texas And G & H Solutions, LLC Of Nederland, Texas For The Purpose Of Disposing Of Refuse At The City's Sanitary Landfill Proposed Resolution No. 21880 was adopted becoming Resolution No. 21-143. (14) P.R. No. 21881 — A Resolution Authorizing The City Manager To Execute A Commercial Refuse Disposal Contract Between The City Of Port Arthur, Texas And Galveston Piling, LLC Of Houston, Texas For The Purpose Of Disposing Of Refuse At The City's Sanitary Landfill Proposed Resolution No. 21881 was adopted becoming Resolution No. 21-144. (15) P.R. No. 21883 — A Resolution Authorizing Amendment No. 3 To The Contract Between Texas Department Of State Health Services And The City Of Port Arthur For A Healthy Texas Babies Coalition Grant, To Revise The Budget And Add $117,500.00 In Funds For Fiscal Year 2022 For A Total Not To Exceed $466,875.00 Through August 31, 2022. No Match Required Proposed Resolution No. 21883 was adopted becoming Resolution No. 21-145. (16) P.R. No. 21884 — A Resolution Authorizing The City Manager To Execute Change Order No. 3 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 $2,650.00, Bringing The Total For Phase II Exterior Work To $263,650.00. Funds Available In Hotel Occupancy Tax Fund Account No. 140-15-600-5470-00-20-000 Project #H07908 Proposed Resolution No. 21884 was adopted becoming Resolution No. 21-146. (17) P.R. No. 21885 — A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With GT Logistics, LLC Proposed Resolution No. 21885 was adopted becoming Resolution No. 21-147. (18) P.R. No. 21892 — A Resolution Authorizing The City Manager To Execute An Amendment No. 2 To The Software As A Service Agreement With Tyler Technologies To Replace The SAAS Fees Payment Schedule Included In The Agreement Approved Via Resolution 19-392 Proposed Resolution No. 21892 was adopted becoming Resolution No. 21-148. City Council Minutes Regular Meeting —April 13, 2021 8 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — None B. Ordinances (1) P.O. No. 6951 — 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 Mayor Pro Tern Moses, seconded by Councilmember Frank and carried, Proposed Ordinance No. 6951 was adopted becoming Ordinance No. 21-28. Voting Yes: Mayor Bartie; Mayor Pro Tern Moses; Councilmembers Jones, Kinlaw, Marks and Frank. Voting No: None. The caption of Ordinance No. 21-28 reads as follows: ORDINANCE NO. 21-28 AN ORDINANCE EXTENDING THE DECLARATION OF DISASTER PURSUANT TO §418.108(B) OF THE TEXAS GOVERNMENT CODE (2) P.O. No. 6952 — An Ordinance Of The City Of Port Arthur, Texas, Authorizing The Issuance And Sale Of City Of Port Arthur, Texas, General Obligation Refunding Bonds, Series 2021, In The Aggregate Principal Amount Not To Exceed $2,000,000.00 For The Refunding Of Certain Bonds; Levying A Tax In Payment Thereof; Making Other Provisions Regarding Such Bonds, Including Authorizing The Preparation And Distribution Of One Or More Preliminary Official Statements, One Or More Official Statements And Matters Incident Thereto; Awarding The Sale Of The Bonds; Authorizing The Execution And Delivery Of One Or More Purchase Agreements; Authorizing The Execution And Delivery Of A Paying Agent/Registrar Agreement; Authorizing And Confirming The Engagement Of Certain Professionals In Connection With The Issuance Of The Bonds; Finding And Determining That The Meeting At Which This Ordinance Is Passed Is Open To The Public As Required By Law; And Enacting Other Provisions Relating Thereto The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Marks, seconded by Councilmember Kinlaw and carried, Proposed Ordinance No. 6952 was adopted becoming Ordinance No. 21-29. Voting Yes: Mayor Bartie; Mayor Pro Tern Moses; Councilmembers Jones, Kinlaw, Marks and Frank. Voting No: None. City Council Minutes Regular Meeting —April 13, 2021 9 The caption of Ordinance No. 21-29 reads as follows: ORDINANCE NO. 21-29 AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS, AUTHORIZING THE ISSUANCE AND SALE OF CITY OF PORT ARTHUR, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2021, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000.00 FOR THE REFUNDING OF CERTAIN BONDS; LEVYING A TAX IN PAYMENT THEREOF; MAKING OTHER PROVISIONS REGARDING SUCH BONDS, INCLUDING AUTHORIZING THE PREPARATION AND DISTRIBUTION OF ONE OR MORE PRELIMINARY OFFICIAL STATEMENTS, ONE OR MORE OFFICIAL STATEMENTS AND MATTERS INCIDENT THERETO; AWARDING THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE PURCHASE AGREEMENTS; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT; AUTHORIZING AND CONFIRMING THE ENGAGEMENT OF CERTAIN PROFESSIONALS IN CONNECTION WITH THE ISSUANCE OF THE BONDS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND ENACTING OTHER PROVISIONS RELATING THERETO (3) P.O. No. 6953 — An Ordinance Authorizing The Sale Of City Owned Property Legally Described As Lot 44, Marina Colony Subdivision In Pleasure Island, Commonly Known As 400 Island Way And Execution Of A Special Warranty Deed For Conveyance Thereof The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Frank, seconded by Councilmember Kinlaw and carried, Proposed Ordinance No. 6953 was adopted becoming Ordinance No. 21-30. Voting Yes: Mayor Bartie; Mayor Pro Tern Moses; Councilmembers Jones, Kinlaw, Marks and Frank. Voting No: None. The caption of Ordinance No. 21-30 reads as follows: ORDINANCE NO. 21-30 AN ORDINANCE AUTHORIZING THE SALE OF CITY OWNED PROPERTY LEGALLY DESCRIBED AS LOT 44, MARINA COLONY SUBDIVISION IN PLEASURE ISLAND, COMMONLY KNOWN AS 400 ISLAND WAY AND EXECUTION OF A SPECIAL WARRANTY DEED FOR CONVEYANCE THEREOF City Council Minutes Regular Meeting — April 13, 2021 10 VIII. ADJOURNMENT OF MEETING Upon the motion by Councilmember Marks, seconded by Councilmember Kinlaw and carried unanimously, the City Council adjourned their meeting at 8:57 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 April 13, 2021. APPROVED: City Council Minutes Regular Meeting — April 13, 2021 11