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HomeMy WebLinkAboutMAY 11, 2021 REGULAR MEETING AGENDA 5:30 P.M. THURMAN BILL BARTIE,MAYOR � RON BURTON CHARLOTTE MOSES,MAYOR PRO TEM City of CITY MANAGER D �1l COUNCIL MEMBERS: J SHERRI BELLARD,TRMC INGRID HOLMES CITY SECRET,4Rl CAL J.JONES o r t rthur THOMAS J.KINLAW III VAL TIZEZO KENNETH MARKS c. c.c CITY ATTORNEY DONALD FRANK,SR AG E N DA City Council Regular Meeting May 11, 2021 5:30 p.m. 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 May 11, 2021 [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: 822 2118 7681 And Passcode: 328699 (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 Of Port Arthur May 11, 2021 5:30PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie Mayor Pro Tern Moses Councilmember Holmes 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 (1) Rickie Sadberry Regarding The Port Arthur Jazz Festival B. Presentations (1) A Presentation By Clark Condon Regarding The City Of Port Arthur's Wayfinding & Monument Signage Program (2) A Presentation By The Human Resources Department Regarding The Monthly Personnel Report C. Employee Recognition (1) Staff Recognition By City Council D. Correspondence — None 1 AGENDA May 11, 2021 III. PETITIONS & COMMUNICATIONS — CONTINUED E. Discussion — None IV. PUBLIC HEARINGS — 6:00 P.M. — NONE 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/Expense Request — None B. Minutes April 27, 2021 Regular Meeting April 29, 2021 Special Meeting (Executive Session) C. Resolutions (1) P.R. No. 21714 — A Resolution Authorizing The City Manager To Execute A Texas Gang Intelligence Index (TXGANG) User Agreement Between The City Of Port Arthur And The Texas Department Of Public Safety (DPS) For The Utilization And Maintenance Of The Texas Gang Intelligence Index (TXGANG) 2 AGENDA May 11, 2021 VI. CONSENT AGENDA (2) P.R. No. 21824 — A Resolution Authorizing The City Manager To Execute Change Order Nos. 1 Through 12 For The Contract Between The City Of Port Arthur And G&G Enterprises Construction Corp For The Port Arthur Transit's Terminal Renovation Project By Decreasing The Contract Amount By $17,974.92 To A New Contract Amount Of $510,275.08, And Authorizing Acceptance Of The Engineer's Certificate Of Substantial Completion, Engineer's Certificate Of Approval, Contractor's Affidavit Of Payments Of Debts And Claims, Final Payment Affidavit, Contractor's Certificate Of Warranty, And The Contractor's Certificate And Release And Authorizing The City Manager To Release The Retainage In The Amount Of $25,513.75; Funds Available In Account 401-70-530-8512-00-60-000 (3) P.R. No. 21831 —A Resolution Authorizing The Purchase, Delivery, And Installation Of Six Sets Of Mobile Column Lifts From Rotary Lift, Inc. Of Madison, Indiana Through HGAC Purchasing Program, Contract No. FL21-03, In An Amount Not To Exceed $111,996.78; Funding Available In Capital Account No. 625-13- 35-8522-00-000 (4) P.R. No. 21896 — A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts Due To Leaks And/Or Equipment Malfunction (5) P.R. No. 21898 — A Resolution Authorizing The City Manager To Enter Into A Cooperative Agreement For Community Service With The Community Service Program Of Jefferson County Community Supervision And Corrections Department (6) P.R. No. 21899 — A Resolution Authorizing The City Manager To Enter Into A Contract With Clark Condon Associates, Inc. Of Houston, Texas, For The Landscape Architectural Design And Construction Documentation Services For The Wayfinding And Monument Signage Program For The City Of Port Arthur With A Projected Budgetary Impact Of $238,800.00 Plus Reimbursables Of $13,500.00 For A Total Contract Amount Of $252,300.00. Funding Available In H07915-OTH-OCS AGENDA May 11, 2021 VI. CONSENT AGENDA (7) P.R. No. 21900 — A Resolution Authorizing The Issuance Of A Permit For Delman Circus Pursuant To Chapter 22, Article 3, Division 2 Of The City Of Port Arthur Code Of Ordinances (8) P.R. No. 21901 — A Resolution Authorizing The Replacement Of Eleven (11) Ultrasonic Level Indicators With Peak Electrical Of Port Neches, Texas At The Water Purification Plant In The Amount Of $37,870.00; Funding Is Available In Water Utilities Account No. 410-40-210-8522-00-00-000, Equipment (9) P.R. No. 21916 — A Resolution Authorizing The City Manager To Approve The Purchase And Installation Of Avior Broadcasting And Ease Streaming System From Swagit Productions, LLC Of Plano, Texas For The Amount Of $49,990.00. Funding Budgeted In Information Technology Equipment Account 001-09-023-8522- 00-10-000- (10) P.R. No. 21921 — A Resolution Approving The Contract Amendment Between The City Of Port Arthur And The Department Of State Health Services Adding $30,578.00 With A 20% Cash City Match Of $6,116.00 For A Combined Total Not To Exceed $36,694.00. This Is Contingent On The $6,116.00 Being Budgeted In The City's General Fund For FY 2022. The Contract Period Is From September 1, 2019 Through August 31, 2022 And Will Not Exceed $113,082.00 (11) P.R. No. 21925 — A Resolution Authorizing The City Manager To Renew Annual Microsoft Office 365 Services Through SHI Government Solutions For The Total Amount Of $47,887.92. Information Technology Account No. 001-09-023-5420-00-10- 000- 4 AGENDA May 11, 2021 VI. CONSENT AGENDA (12) P.R. No. 21927 — A Resolution Authorizing The City Manager To Execute A Professional Services Contract With Ergonomic Transportation Solutions, Inc. (ETSI) Of Houston, Texas, For Traffic Engineering Design Services For The Not To Exceed Amount Of $83,854.38 And For Optional Additional Services For The Not To Exceed Amount Of $16,770.88. Funding Is Available In The Capital Improvement Account For The Mast Arm Program, Account No. 307- 21-049-8522-00-10-000, Project No. CE0002-ENG (13) P.R. No. 21928 — A Resolution Calling For A Public Hearing To Consider Granting A Specific Use Permit For Approximately 0.1722-Acre Of Land, All Of Lot 6, Block 10, Range 5 (5424 Tremont Street) Sabine Pass, Jefferson County, Texas (14) P.R. No. 21929 — A Resolution Calling For A Public Hearing To Consider A Zoning Change From Two Family To Light Commercial For Approximately 2.754-Acre Of Land Consisting Of Lots 9 — 17, Block 511, Model Addition No. 2 And A Portion Of An Abandonment Railroad Right-Of-Way (Northwest Corner Of Procter Street And Woodworth Boulevard), Port Arthur, Jefferson County, Texas (15) P.R. No. 21930 — A Resolution Calling For A Public Hearing To Consider Granting A Zoning Change From Industrial To Planned Development District—40 For Approximately 58.83-Acres Of Land (Called 58.82), Out Of And 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, City Of Port Arthur, Jefferson County, Texas .. (16) P.R. No. 21931 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Schaumberg & Polk, Inc. Of Beaumont, Texas, For The Design And Construction Management Services Of The Force Main Improvements Project For The Highway 365 Lift Station, Phase 1, With A Projected Budgetary Impact Of $201,500.00. Funds Are Available In Account No. 405-40-000-8514-00-00-000, Sewer System 5 AGENDA May 11, 2021 VI. CONSENT AGENDA (17) P.R. No. 21932 — A Resolution Authorizing Emergency Repairs To Bar Screen No. 1 At The Main Wastewater Treatment Plant For The Utility Operations Department By Performance Services, Of Orange, Texas, In The Estimated Budgetary Impact Amount Of $75,000.00. Funds Are Available In Account No. 410-40-225- 5318-00-00-000, Equipment Maintenance (18) P.R. No. 21936 —A Resolution Authorizing The Third Year (Second And Final Renewal) Of The Agreement With Witt O'Brien's Of Houston, Texas For Debris Monitoring Services For The City Of Port Arthur In The Event Of An Emergency Or Disaster In The Not To Exceed Amount Of $2,000,000.00 (19) P.R. No. 21937 — A Resolution Authorizing The Third Year (Second And Final Renewal) Of The Agreement With Crowder Gulf Of Theodore, Alabama For Debris Removal And Emergency Services For The City Of Port Arthur In The Event Of An Emergency Or Disaster In The Not To Exceed Amount Of $13,000,000.00 (20) P.R. No. 21939 — A Resolution As It Pertains To The Waiver Of Building Permit Fees Associated With The Reconstruction Of The South Jefferson County Of Texas Hospitality Center Located At 3959 Gulfway Drive, Port Arthur, Jefferson County, Texas (21) P.R. No. 21940 — A Resolution Authorizing The City Manager To Accept The Jefferson County Tourism Grant Improvements To The Boardwalk On Pleasure Island In The Amount Of $50,000.00 (22) P.R. No. 21946 — A Resolution Authorizing The City Manager To Reject Bids Submitted For The Parking Lot Rehabilitation And Expansion At The Corner Of 4th Street And Waco Avenue 6 AGENDA May 11, 2021 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21788 — A Resolution Authorizing Ratification Of Change Order No. 2, Increasing The Original Contract Amount By $41,640.55 To A New Contract Amount Of $1,137,581.00 For The Nashville Avenue Pavement Improvements Project Submitted By Gulf Coast A CRH Company Of Beaumont, Texas. Funds Are Available In The Capital Improvements Account No. 307-21-053- 8517-00-10-000. Project ST1P01 (2) P.R. No. 21789 — A Resolution Authorizing The City Manager To Execute Change Order No. 3, Increasing The Original Contract Amount By $3,976.05 To A New Contract Amount Of $1,141,557.96 For The Nashville Avenue Pavement Improvements Project, Submitted By Gulf Coast A CRH Company Of Beaumont, Texas. Funds Are Available In The Capital Improvements Account No. 307-21-053-8517-00-10-000. Project ST1P01 (3) P.R. No. 21891 — 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, Position 8 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 Tern Until May 2022 (4) P.R. No. 21893 — A Resolution Amending Resolution No. 21-070 As It Pertains To The Terms Of The Lease Agreement Between The City Of Port Arthur And Robogistics, LLC For Premises Located At 3451 57th Street (5) P.R. No. 21922 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Downtown Tax Increment Reinvestment Zone TIRZ #1 Board (6) P.R. No. 21923 — A Resolution Appointing A Chairman Of The Board Of Directors To The Downtown Tax Increment Reinvestment Zone TIRZ #1 Board AGENDA May 11, 2021 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances — Non-Consent (1) P.O. No. 6956 —An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code (2) P.O. No. 6958—An Ordinance Canvassing The Returns And Declaring The Results Of The Special Election, Held On May 1, 2021 Regarding The Use Of 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 UNA ORDENANZA QUE CANVASA LAS DEVOLUCIONES Y DECLARA LOS RESULTADOS DE LA ELECCION ESPECIAL, CELEBRADA EL 1 DE MAYO DE 2021 CON RESPECTO AL USO DE LA CIUDAD DE PORT ARTHUR TIPO A CORPORACION DE DESARROLLO ECONOMICO VENTAS Y USO DE FONDOS DE IMPUESTOS QUE SE UTILIZARAN PARA MEJORAS EN ADAMS PARK, ROSE HILL PARK, Y EL CENTRO DE RECREACION Y CIUDADANOS MAYORES DE CONFORMIDAD CON 505.152 DEL CODIGO DE GOBIERNO LOCAL DE TEXAS (3) P.O. No. 6959 — An Ordinance Amending Article II (City Council), Division 2. (Meetings), Adding Section 2-50 (In Person Meetings) Of The Code Of Ordinances Of The City Of Port Arthur As It Pertains To Temporary COVID Protocols For In Person City Council Meetings 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 May 12, 2021. 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 *************************************************** 8 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.