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HomeMy WebLinkAboutJUNE 8, 2021 REGULAR MEETING AGENDA 5:30 P.M. THURMAN BILL BARTIE,MAYOR Enerk RON BURTON DONALD FRANK,SR.,MAYOR PRO TEM City of or) - CITY MANAGER COUNCIL MEMBERS: �� SHERRI BELLARD,TRMC INGRID HOLMES CITY SECRETARI' CAL J.JONES � fr' {t [(r THOMAS J. KINLAW III VAL TREND KENNETH MARKS li ct� CITY ATTORNEY CHARLOTTE MOSES AG E N DA City Council Regular Meeting June 8, 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 June 8, 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: 884 2434 8675 And Passcode: 962842 (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 June 8, 2021 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie Mayor Pro Tern Frank Councilmember Holmes Councilmember Jones Councilmember Kinlaw, III Councilmember Marks Councilmember Moses 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 The Port Arthur Economic Development Corporation (PAEDC), Regarding The Summer Youth Employment Program (SYEP), Participants And Scholarship Recipients (Lamar State College Port Arthur) (2) A Project Update By The Ardurra Group, Incorporation C. Employee Recognition — None D. Correspondence — None E. Discussion — None AGENDA June 8, 2021 IV. PUBLIC HEARINGS — 6:00 P.M. (1) To Receive Public Comment Regarding Z21-03 — Specific Use Permit For Approximately 0.17722-Acre Of Land, All Of Lot 6, Block 10, Range 5 (5424 Tremont Street), Sabine Pass, Jefferson County, Texas (2) To Receive Public Comment Regarding A Zoning Change From Two Family "2F" To Light Commercial "LC" For The Purpose Of Constructing A Retail Strip Center With Fueling Station 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 (3) To Receive Public Comment Regarding A Zoning Change From Industrial "I" To Planned Development District — 40 "PD-40" Approximately 58.83 Acre 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" Land Company Subdivision, Port Arthur, Jefferson County, Texas 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 2 AGENDA June 8, 2021 VI. CONSENT AGENDA — CONTINUED B. Minutes May 25, 2021 Regular Meeting May 28, 2021 Special Meeting June 3, 2021 Special Meeting (Executive Session) C. Resolutions (1) P.R. No. 21825 — A Resolution Authorizing The City Manager To Release Retainage In The Amount Of $3,448.44 And Accept The Certificate Of Completion, Contractor's Affidavit Of Payment Of All Bills Paid, Contractor's Certificate And Release, And Contractor's Certificate Of Guarantee From Deztez Industrial Services, LLC — DBA As Ramtex Of Port Arthur, Texas For The Installation Of A Stormwater Pipe On Willow Avenue And Authorize The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur. Funds Are Available In The Capital Improvements Account No. 307-21-053-8517-00-10-000. Project ST1P05 (2) P.R. No. 21862 — A Resolution Of Notification Of The City Of Port Arthur's Intent To Participate In The Texas Department Of Transportation's (TXDOT) 2021 Transportation Alternatives (TA) Grants Program With The Submission Of The Thomas Boulevard Bike And Walking Path And The Seawall Drive Shared Use Path And Is Requesting A 20% Match In Funds (3) P.R. No. 21917 — A Resolution Authorizing The City Manager To Execute Change Orders No. 48 To No. 51 For The Contract Between The City Of Port Arthur And Construction Managers Of Southeast Texas Of Port Arthur, Texas Increasing The Contract Amount By $4,781.97 To A New Contract Amount Of $3,824,635.49, And Authorizing Acceptance Of The Engineer's Certificate Of Substantial Completion, Contractors Certificate Of Warranty, Contractor's Affidavit Of Payments Of Debts And Claims, Final Payment Affidavit, And Contractor's Certificate Of Final Completion For Port Arthur Transit's New Maintenance Building And Authorizing The City Manager To Release The Retainage In The Amount Of $192,487.10; Funds Available In Account 401-70-530-8512-00-60-000 AGENDA June 8, 2021 VI. CONSENT AGENDA — CONTINUED (4) P.R. No. 21934 — A Resolution Approving Permit No. 173 For The Drilling, Completion And Operation Of An Oil And Gas Well By Aspect Energy, LLC (5) P.R. No. 21958 — A Resolution Authorizing The City Manager To Execute The Settlement Of A Claim In The Amount Of $70,108.90 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Damages To City Property And Contents Due To The Winter Storm (February 15, 2021) (6) P.R. No. 21975 —A Resolution Authorizing The City Manager To Enter Into A Non-Exclusive Product Sales Agreement With Total Petrochemicals & Refining USA, Inc. To Provide Certain Quantities Of On-Road Diesel At Total's Port Arthur, Texas Refinery In The Case Of An Emergency Or A Disaster With A Term Of The Agreement From June 25, 2021 To June 25, 2023 (7) P.R. No. 21978—A Resolution Authorizing The City Manager To Enter Into A Contract For The Purchase Of Dewatering Equipment From Process Wastewater Technologies, LLC, Of Rosedale, Maryland With The Cost In The Amount Of $1,025,500.00, Charged To The Water Utilities Department Texas Water Development Board Account No. 404-40-000-8516-00-00-000, Wastewater Systems, Project No. TW0003-CON (8) P.R. No. 21981 — A Resolution Authorizing The City Manager To Accept The Engineer's Certificate Of Substantial Completion, Contractor's Affidavit Of Payments Of All Debts Paid, Contractor's Certificate And Release, Contractor's Certificate Of Warranty For The Nashville Avenue Pavement Improvements Project And Authorizes The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas; And Approval Of Release Of Retainage To Gulf Coast A CRH Company Of Beaumont, Texas In The Amount Of $57,077.90 From The Capital Improvements Account No. 307-21-053-8517-00-10-000. Project ST1P01 L 4 AGENDA June 8, 2021 VI. CONSENT AGENDA — CONTINUED (9) P.R. No. 21982 — A Resolution Authorizing The City Manager To Accept The Texas Commission On Environmental Quality (TCEQ) Proposed Agreed Order To Participate In A Supplemental Environmental Project (SEP) For Noncompliance At The City Of Port Arthur Landfill Facility Thereby Reducing The Original Administrative Penalty Assessed Of $13,500.00 By $2,700.00 To The New Amount Of $10,800.00. Funds Available In The Regulatory Fees/Fines Account No. 403-50-320-5471-00-00-000 (10) P.R. No. 21984 — A Resolution Authorizing The City Manager To Execute A Subaward Agreement With The Texas Parks And Wildlife Department To Accept A Planning Grant In The Amount Of $110,362.00 For The Repaving Of The Boat Ramp And Fishing Pier Located At Pleasure Island Funded Through Sport Fish Restoration (Freshwater) Grant Program; With A Grant Match Requirement Of $36,788.00 For A Total Project Cost Of $147,150.00; Funding Available In Account Number 152-60-415-8525-00-00-000 Project String PI0001-ENG (11) P.R. No. 21986 — A Resolution Authorizing The City Manager To Repair D6N (Unit 1896) Dozer For The Landfill By Mustang CAT Of Beaumont, Texas In The Projected Amount Of $75,500.00. Funding Is Available In Landfill / Equipment Maintenance, Account Number 403-50-320-5318-00-00-000- VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21942 —A Resolution Authorizing The Port Arthur Economic Development Corporation To Execute Job Order Amendment No. 1 To The Master Job Order Contract With SETEX Construction Corp. For The Completion And Complete Build Out Of The Building Located At 549 4th Street, Port Arthur, Texas (The Press Building) At A Guaranteed Maximum Price Of $524,860.00 Funding Available In Account 307-80-625-8512-00-10-00. Project No. ED0549 5 AGENDA June 8, 2021 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances — Non-Consent (1) P.O. No. 6960 — An Appropriation Ordinance Amending The City Of Port Arthur Section 4A Economic Development Corporation Budget For The Fiscal Year Beginning October 1, 2020 And Ending September 30, 2021 By $1,150,000.00 For The General Fund (2) P.O. No. 6962 — An Ordinance Approving The Bylaws Of The Pleasure Island Commission Acting As An Advisory Board To The City Manager (3) P.O. No. 6965 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2020 And Ending September 30, 2021 By $2,173,100.00 For The Capital Budget (4) P.O. No. 6967 — An Ordinance Authorizing The Sale Of Surplus Furniture/Minor Equipment, Vehicles, Equipment, Or Heavy Equipment By A Public Online Auction Through Rene Bates Auctioneers, Inc. (5) P.O. No. 6968 —An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code 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 June 9, 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 *************************************************** 6 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.