Loading...
HomeMy WebLinkAboutJUNE 22, 2021 REGULAR MEETING AGENDA 9:30 AM THURMAN BILL BARTIE,MAYOR Energy � RON BURTON DONALD FRANK,SR.,MAYOR PRO TEM City of - airy CITY MANAGER COUNCIL MEMBERS: � SHERRI BELLARD,TRMC INGRID HOLMES CITY SECRETARY CAL J.JONES 0Pt rthut�"- THOMAS J. KINLAW III VAL TIZENO KENNETH MARKS �`'�`�' CITY ATTORNEY CHARLOTTE MOSES AG E N DA City Council Regular Meeting June 22, 2021 9:30 AM 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 9:30 A.M. On June 22, 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: 838 4593 0620 And Passcode: 115665 (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 22, 2021 F 9:30 AM 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 (1) Robin Carter Regarding Parks & Recreation And City Programming For Kids (2) Judy Walters For The Port Arthur Yacht Club Regarding The Commodore's Picnic On July 4, 2021 B. Presentations (1) A Presentation By Vivian Ballou Of The Legacy Community Development Corporation (2) A Presentation By Staff Regarding The Current Status Report On The Water Delinquency Accounts 1 AGENDA June 22, 2021 III. PETITIONS & COMMUNICATIONS — CONTINUED (3) A Presentation By The City Of Port Arthur Environmental Health Department/Sanitation Regarding The Restaurants In Port Arthur (4) A Presentation By Staff Regarding The April Financial Report C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 10:00 A.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 Request/Expense Report — None B. Minutes June 8, 2021 Special Meeting (Executive Session) June 8, 2021 Regular Meeting { 2 AGENDA 4 June 22, 2021 VI. CONSENT AGENDA — CONTINUED C. Resolutions (1) P.R. No. 21918 — A Resolution Authorizing A Memorandum Of Understanding Between The City Of Port Arthur And Industrial Safety Training Council (ISTC) To Provide Services, Supplies, Accommodations, And/Or Conference Rooms In The Case Of An Emergency Or Disaster (2) P.R. No. 21950 — A Resolution Authorizing The City Manager To Execute Change Order No. 2, Decreasing The Original Contract Amount By $4,600.00 To A New Contract Amount Of $613,200.00 And Acceptance Of The Engineer's Letter Of Completion, Contractor's Certificate And Release And Contractor's Certificate Of Guarantee For Improvements Of The Highway 73/Spur 93 Elevated Storage Tank Rehabilitation Project And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas And Approve The Release Of The Final Retainage Payment In The Amount Of $30,660.00 From Account No. 405-40-000-8516-00-00- 000, Water Utility Systems, Project No. WS0004 (3) P.R. No. 21955 —A Resolution Authorizing The City Manager To Enter Into A Local Agreement With Respect To The Forfeiture Of Contraband Between The Port Arthur Police Department And The Harris County District Attorney's Office (4) P.R. No. 21961 — A Resolution Authorizing The City Manager To Negotiate A Contract With The Solco Group, LLC Of Beaumont, Texas For Engineering And Design Services For Port Arthur Transit's (PAT) Parking Lot Expansion Located At 320 Dallas Avenue, Port Arthur, Texas. Funding Is Available In Account 401-70-530-8512-00-60-000 (5) P.R. No. 21962 — A Resolution Authorizing The City Manager To Negotiate A Contract With Soutex, Inc. Of Port Arthur, Texas For Engineering And Design Services For The Expansion Of Port Arthur Transit's (PAT) Fuel Station Storage Building Located At 325 Dallas Avenue, Port Arthur, Texas. Funding Is Available In Account 401-70- 530-8512-00-60-000 1 3 AGENDA June 22, 2021 VI. CONSENT AGENDA — CONTINUED (6) P.R. No. 21963 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Elite Construction & Equipment, LTD Of Kirbyville, Texas For The Lakeshore Drive Roadway Reconstruction Project Phase 3 & 4 That Adds 68 Calendar Days To The Original Contract Completion Date Of May 23, 2021 To The New Completion Date Of July 30, 2021. There Is No Budgetary Impact (7) P.R. No. 21974 — A Resolution Authorizing The City Manager To Rescind Resolution 21-151 In Its Entirety As It Pertains To The Purchase Of Litter Fences For The City Of Port Arthur Landfill With Metta Technologies Of Toledo, Ohio (8) P.R. No. 21985 — A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts Due To Leaks And/Or Equipment Malfunction (9) P.R. No. 21987 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $7,677.19 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To The Port Arthur Public Library (10) P.R. No. 21988 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $5,219.03 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Police Vehicle #2084 (11) P.R. No. 21989 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $24,436.24 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To The Pleasure Island Welcome Signage (12) P.R. No. 21991 — A Resolution Approving The Termination Of A Lease Purchase Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Meathead Trucking, LLC 4 AGENDA June 22, 2021 VI. CONSENT AGENDA — CONTINUED (13) P.R. No. 21992 — A Resolution Approving Amendment No. 1 To The Economic Incentive Contract & Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Tony & Anne Nguyen D/B/A Rai's Bakery (14) P.R. No. 21993 — A Resolution Approving An Invoice In The Amount Of $5,166.00 From Impact DataSources, LLC To The City Of Port Arthur Section 4A Economic Development Corporation For An Annual Subscription To Produce Project Economic And Fiscal Impact Reports. Funds Available In Account No. 120-80-625-5460-00-00- 000 (15) P.R. No. 21994 — A Resolution Designating And Establishing The Commodore's July 4th Picnic Entertainment Area For 2021, Designating Port Arthur Yacht Club As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement Thereof (16) P.R. No. 21998 — A Resolution Authorizing The City Manager To Execute A Proposal With Kraftmans Commercial Playgrounds And Water Parks Of Spring, Texas For The Purchase And Installation Of A Steel Shelter Shade Structure, Regular And ADA Tables, Through The Texas BuyBoard Cooperative Purchasing Contract No. 592-19 For The Pleasure Island Boardwalk Improvements In The Total Not To Exceed Amount Of $80,052.00; Funding Is Available With The Jefferson County Tourism Grant In Account Number 450-60-415- 5470-00-00-000 (17) P.R. No. 21999—A Resolution Authorizing The City Manager To Enter Into An Agreement With SCS Engineers Of Bedford, Texas For Groundwater Monitoring At The City Of Port Arthur Landfill For The Amount Of $34,400.00. Funding Is Available In The Solid Waste Professional Services Account Number 403-50-320-5420-00-00-000 (18) P.R. No. 22001 — A Resolution 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) Infrastructure Contract Number 20-065-142-C782 5 AGENDA June 22, 2021 VI. CONSENT AGENDA — CONTINUED (19) P.R. No. 22003 — A Resolution Authorizing The City Manager To Negotiate A Contract With Sigma Engineers Of Beaumont, Texas For Engineering Services For The Renovation Of The New Health Facility (20) P.R. No. 22004—A Resolution Authorizing The City Manager To Enter Into A Contract Between The City Of Port Arthur And Argus Talent LLC Of Houston, Texas, For The Purpose Of Providing Temporary Employees For The City Of Port Arthur; Funding Available In Various Departmental Accounts (21) P.R. No. 22005 —A Resolution Authorizing The City Manager To Enter Into Contracts With Bennet Electric Of Beaumont, Texas And Gulf Coast Electric Co. Inc. Of Beaumont, Texas, For Electrical Repairs And Maintenance At Various Locations (22) P.R. No. 22008—A Resolution Authorizing The City Manager To Enter Into A Contract With SETEX Facilities & Maintenance, LLC Of Beaumont, Texas, Through Choice Partners Cooperative Purchasing Program Contract Number 20/017MR-17 For The Construction Of A Spray Park, Soccer Field And Volleyball Court At 5200 7th Street (Formerly Lakeview Pool) In The Amount Of $877,688.86; Funding Available In Account Number 307-25-067-8525-00-10-000, Project Number PR 30003 (23) P.R. No. 22009 — A Resolution Authorizing The City Manager To Execute A Contract With Heil Of Texas Of Houston, Texas For The Refurbishment Or Repair Of The Loader Assembly (Python Arm) Of Ten (10) Residential Garbage Trucks Through Texas BuyBoard Contract No. 599-19 For A Not To Exceed Amount Of $175,945.63. Funding Is Available In Equipment Maintenance, Account Number 403-50-310-5318-00-00-000- i 6 AGENDA June 22, 2021 VI. CONSENT AGENDA — CONTINUED (24) P.R. No. 22010 — A Resolution Authorizing The City Manager To Execute A Proposal With Industrial Commercial Mechanical (ICM) Of Beaumont, Texas For The Replacement Of The Heating, Ventilation And Air Conditioning (HVAC) Water Chiller For City Health Department Facility Located At 449 Austin Avenue, Through Texas BuyBoard Contract No. 631-20 For An Amount Not To Exceed $96,621.96. Funding Is Available In Capital Improvements — Building, Account Number 307-21-049-8512-00-10-000; Project No. E-B10009 — OTH (25) P.R. No. 22017 — A Resolution Authorizing The Acceptance Of A $3,000,000.00 Grant From The Economic Development Administration (EDA) Cares Act Recovery Assistance To Support The Design And Construction Of Data Cabling And Fiber Optic Infrastructure And New Electrical Service Infrastructure In The City's Downtown Business District With A Matching Fund Requirement Of $777,000.00 Budgeted In Capital Improvement Account No. 307-25- 067-8525-00-10-000 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 21980 —A Resolution Authorizing The Renewal Of A Lease Agreement For Office Space Located Within 501 Procter Street Between The City Of Port Arthur Section 4A Economic Development Corporation And The Greater Port Arthur Chamber Of Commerce (2) P.R. No. 21990 — A Resolution Approving The Payment Of $10, 272.32 For Additional Kitchen Equipment For 549 4th Street (The Press Building); Funds Available In EDC Account No. 120- 80-625-8513-00-00-000 (3) P.R. No. 21995 —A Resolution Authorizing The July 6, 2021 Regularly Scheduled Council Meeting Date To Be Rescheduled AGENDA June 22, 2021 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (4) P.R. No. 22007 — A Resolution Awarding A Bid And Authorizing The City Manager To Enter Into An Agreement With Construction Managers Of Southeast Texas, LLC Of Port Arthur, Texas For Parking Lot Rehabilitation And Expansion Of The Existing Parking Lots Located At The Corner Of 4th Street And Waco Avenue In The Amount Of $610,302.49. Funding Is Available In The Capital Improvement Account Number 307-25-067-8525-00-10-000; Project #DT001.Con B. Ordinances — Non-Consent (1) P.O. No. 6964 — An Ordinance Rescinding Ordinance No. 21-35 In Its Entirety As It Pertains To 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 (2) P.O. No. 6969 —An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code (3) P.O. No. 6970 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting Specific Use Permit #238 To Allow The Land Use Of A "Public Building, Shop Or Yard Of A Governmental Agency" On 0.1722-Acre Of Land Consisting Of All Of Lot 6, Block 10, Range "5" [A.K.A. 5424 Tremont Street] Sabine Pass, Jefferson County, Texas (Violation Of Any Provision Of This Ordinance Shall Be Guilty Of A Misdemeanor And Shall Be Punished By A Fine Not Exceeding $2,000.00, As Provided In Chapter 1, Section 1-13 Of The Code Of Ordinances, And Each Day Which Violation Is Permitted To Exist Shall Constitute A Separate And Distinct Offense.); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date Z21-03 (SUP) #238) — Sabine Pass Lions Club 8 AGENDA June 22, 2021 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (4) P.O. No. 6971 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning On Approximately 2.754-Acres Of Land Consisting Of Lots 9, 17, And A Part Of A Right- Of-Way Of The Abandoned Interurban Railway (Referred To As Lots 9-A And 17-A), Block 511, Model Addition No. 2, Port Arthur, Jefferson County, Texas (Violation Of Any Provision Of This Ordinance Shall Be Guilty Of A Misdemeanor And Shall Be Punished By A Fine Not Exceeding $2,000.00, As Provided In Chapter 1, Section 1-13 Of The Code Of Ordinances, And Each Day Which Violation Is Permitted To Exist Shall Constitute A Separate And Distinct Offense.); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date Z21-04 — Ayman, LLC (5) P.O. No. 6972 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Creating Planned Development District No. 40 [PD-40] On Approximately 58.83-Acres Of Land (Called 58.82), Consisting Of 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 (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 And Effective Immediately After Publication Date Z21-05 — Community RV — Port Arthur, LLC Planned Development District No. 40 (PD-40) (6) P.O. No. 6973 — An Ordinance Authorizing The Sale Of City Owned Property Commonly Known As 3540 9th Avenue, Legally Described As Lot 18, Suburban Acres Gardens Addition, And Execution Of A Special Warranty Deed Thereof 9 AGENDA June 22, 2021 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (7) P.O. No. 6974 — An Ordinance Amending Section 2-31 Of The Code Of Ordinances By Adding Subsection (I) As It Pertains To Reports On Items Of Community Interest To The City Council Agenda As Set Forth In 551.041 Of The Texas Government Code VIII. *CLOSED MEETING (EXECUTIVE SESSION) In Order To Comply With The Requirements Of Section 551.101 Of Chapter 551 (Open Meetings Law) Of The Texas Government Code [Formerly Article 6252-17, Section 2(a)], Prior To Going Into Closed Meeting The Presiding Officer Of The City Should Make The Following Public Announcement: "A Closed Meeting Or Executive Session Will Now Be Held Pursuant To The Following Sections Of Chapter 551 Texas Government Code": Section 551.071 — Litigation And/Or Legal Advice Section 551.072 — Land Section 551.073 — Negotiated Contracts For Prospective Gifts To The City Section 551.074 — Personnel Section 551.076 — Security Personnel Or Devices Section 551.087 — Deliberations Regarding Economic Development Incentives Closed Meeting: (1) Section 551.071 Government Code — To Discuss And Receive Legal Advice From The City Attorney Regarding Potential And/Or Pending Litigation And Other Legal Matters Involving The City Of Port Arthur (2) 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 Pending Litigation And Negotiations With The International Association of Fire Fighter (IAFF) Local 397 10 AGENDA June 22, 2021 VIII. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (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 Pending Litigation And Negotiations With The Port Arthur Police Association (PAPA) (4) Section 551.074 Government Code — To Deliberate The Appointment, Employment And Duties Of The City Of Port Arthur's Fire Chief (5) Section 551.087 Government Code — To Discuss Economic Development Incentives Within The Boundaries Of Downtown Port Arthur *The Items In Executive Session May Be Discussed And Acted On In Open Session IX. 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 23, 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 *************************************************** 4 11 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.