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HomeMy WebLinkAbout(2) 06/22/2021 REGULAR MEETING REGULAR MEETING — June 22, 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, June 22, 2021 at 9:36 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Thurman "Bill" Bartle; Mayor Pro Tern Donald Frank, Sr.; Councilmembers Ingrid Holmes, Cal Jones, Thomas Kinlaw, III, Kenneth Marks and Charlotte Moses; City Manager Ron Burton; City Secretary Sherri Bellard; City Attorney Valecia R. Tizeno and Sergeant At Arms Police Chief Tim Duriso. II. PROCLAMATIONS — None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Robin Carter Regarding Parks & Recreation And City Programming For Kids Robin Carter, 3849 Lansing Avenue, appeared before the City Council to discuss the above-mentioned topic. (2) Judy Walters For The Port Arthur Yacht Club Regarding The Commodore's Picnic On July 4, 2021 Judy Walters, 1312 N 20th Street, appeared before the City Council to discuss the above-mentioned topic. VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT Consent - Resolutions (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Mayor Pro Tern Frank, seconded by Councilmember Kinlaw and carried, Proposed Resolution No. 21994 was adopted becoming Resolution No. 21-246. Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Resolution No. 21-246 reads as follows: RESOLUTION NO. 21-246 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 III. PETITIONS & COMMUNICATIONS B. Presentations (1) A Presentation By Vivian Ballou Of The Legacy Community Development Corporation Vivian Ballou gave the above-mentioned presentation. (2) A Presentation By Staff Regarding The Current Status Report On The Water Delinquency Accounts Public Works Director Donny Stanton gave the above-mentioned presentation. (3) A Presentation By The City Of Port Arthur Environmental Health Department/Sanitation Regarding The Restaurants In Port Arthur Health Department Director Judith Smith introduced Lacey Brown who gave the above- mentioned presentation. (4) A Presentation By Staff Regarding The April Financial Report Finance Director Kandy Daniel gave the above-mentioned presentation. C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARING(S) — None V. UNFINISHED BUSINESS — None VI. CONSENT AGENDA Upon the motion of Councilmember Holmes, seconded by Councilmember Moses and carried, the following Consent Agenda items were adopted with the exception of Proposed Resolutions No. 21918, 219621985, and 22010. Voting Yes: Mayor Bartle; Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. A. Travel Request/Expense Report — None B. Minutes June 8, 2021 Special Meeting (Executive Session) June 8, 2021 Regular Meeting City Council Minutes Regular Meeting — June 22, 2021 2 C. Resolutions (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 Proposed Resolution No. 21950 was adopted becoming Resolution No. 21-247. (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 Proposed Resolution No. 21955 was adopted becoming Resolution No. 21-248. (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 Proposed Resolution No. 21961 was adopted becoming Resolution No. 21-249. (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 Proposed Resolution No. 21963 was adopted becoming Resolution No. 21-250. (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 Proposed Resolution No. 21974 was adopted becoming Resolution No. 21-251. (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 City Council Minutes Regular Meeting —June 22, 2021 3 Proposed Resolution No. 21987 was adopted becoming Resolution No. 21-252. (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 Proposed Resolution No. 21988 was adopted becoming Resolution No. 21-253. (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 Proposed Resolution No. 21989 was adopted becoming Resolution No. 21-254. (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 Proposed Resolution No. 21991 was adopted becoming Resolution No. 21-255. (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 Proposed Resolution No. 21991 was adopted becoming Resolution No. 21-256. (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 Proposed Resolution No. 21993 was adopted becoming Resolution No. 21-257. (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 Proposed Resolution No. 21998 was adopted becoming Resolution No. 21-258. (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 City Council Minutes Regular Meeting —June 22, 2021 4 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 Proposed Resolution No. 21999 was adopted becoming Resolution No. 21-259. (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 Proposed Resolution No. 22001 was adopted becoming Resolution No. 21-260. (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 Proposed Resolution No. 22003 was adopted becoming Resolution No. 21-261. (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 Proposed Resolution No. 22004 was adopted becoming Resolution No. 21-262. (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 Proposed Resolution No. 22005 was adopted becoming Resolution No. 21-263. (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 Proposed Resolution No. 22008 was adopted becoming Resolution No. 21-264. (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- City Council Minutes Regular Meeting —June 22, 2021 5 Proposed Resolution No. 22009 was adopted becoming Resolution No. 21-265. (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 Proposed Resolution No. 22017 was adopted becoming Resolution No. 21-266. VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT Consent - 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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Marks and carried, Proposed Resolution No. 21918 was adopted becoming Resolution No. 21-267. Voting Yes: Mayor Bartle; Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Resolution No. 21-267 reads as follows: RESOLUTION NO. 21-267 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 (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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Holmes and seconded by Councilmember Jones that Proposed Resolution No. 21962 be adopted. City Council Minutes Regular Meeting —June 22, 2021 6 Transit Director Ivan Mitchell appeared before the City Council to answer inquiries regarding the above-mentioned topic. Voting Yes: Mayor Bartle; Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. Proposed Resolution No. 21962 was adopted becoming Resolution No. 21-268. The caption of Resolution No. 21-268 reads as follows: RESOLUTION NO. 21-268 (8) P.R. No. 21985 — A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts Due To Leaks And/Or Equipment Malfunction Upon the motion of Councilmember Jones, seconded by Councilmember Holmes and carried, Proposed Resolution No. 21985 was adopted becoming Resolution No. 21-269. Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Resolution No. 21-269 reads as follows: RESOLUTION NO. 21-269 A RESOLUTION APPROVING WATER AND SEWER ADJUSTMENTS TO CERTAIN UTILITY ACCOUNTS DUE TO LEAKS AND/OR EQUIPMENT MALFUNCTION (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Jones and carried, Proposed Resolution No. 22010 was adopted becoming Resolution No. 21-270. Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Resolution No. 21-270 reads as follows: City Council Minutes Regular Meeting — June 22, 2021 7 RESOLUTION NO. 21-270 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 A. Resolutions (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Holmes, seconded by Councilmember Marks and carried, Proposed Resolution No. 21990 was adopted becoming Resolution No. 21-271. Voting Yes: Mayor Bartle; Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Resolution No. 21-271 reads as follows: RESOLUTION NO. 21-271 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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Jones, seconded by Councilmember Kinlaw and carried, Proposed Resolution No. 21995 was adopted becoming Resolution No. 21-272. Voting Yes: Mayor Bartie; Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. City Council Minutes Regular Meeting —June 22, 2021 8 The caption of Resolution No. 21-272 reads as follows: RESOLUTION NO. 21-272 A RESOLUTION AUTHORIZING THE JULY 6, 2021 REGULARLY SCHEDULED COUNCIL MEETING DATE TO BE RESCHEDULED (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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Marks and seconded by Councilmember Moses that Proposed Resolution No. 22007 be adopted. Engineer Hassan Shomalzadeh appeared before the City Council to answer inquiries regarding the above-mentioned topic. EDC Director Floyd Batiste appeared before the City Council to answer inquiries regarding the above-mentioned topic. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 22007: Mayor Pro Tern Frank "No" Councilmember Holmes "Yes" Councilmember Jones "No" Councilmember Kinlaw "No" Councilmember Marks "Yes" Councilmember Moses "Yes" Mayor Bartie "No" The motion to adopt Proposed Resolution No. 22007 failed. A. Ordinances (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 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Holmes, seconded by Councilmember Kinlaw and carried, Proposed Ordinance No. 6964 was adopted becoming Ordinance No. 21-44. Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. City Council Minutes Regular Meeting —June 22, 2021 9 Voting No: None. The caption of Ordinance No. 21-44 reads as follows: ORDINANCE NO. 21-44 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 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Jones, seconded by Councilmember Holmes and carried, Proposed Ordinance No. 21-45 was adopted becoming Ordinance No. 21-45. Voting Yes: Mayor Bartie; Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 21-45 reads as follows: ORDINANCE NO. 21-45 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 The Mayor introduced the above-mentioned Proposed Ordinance. City Council Minutes Regular Meeting —June 22, 2021 10 Upon the motion of Councilmember Jones, seconded by Councilmember Holmes and carried, Proposed Ordnance No. 6970 was adopted becoming Ordinance No. 21-46. Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 21-46 reads as follows: ORDINANCE NO. 21-46 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 (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 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Jones, seconded by Mayor Pro Tern Frank and carried, Proposed Ordinance No. 6971 was adopted becoming Ordinance No. 21-47. City Council Minutes Regular Meeting —June 22, 2021 11 Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Marks and Moses. Voting No: None. The caption of Ordinance No. 21-47 reads as follows: ORDINANCE NO. 21-47 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) The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Holmes, seconded by Councilmember Marks and carried, Proposed Ordinance No. 21-48. Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Marks and Moses. City Council Minutes Regular Meeting —June 22, 2021 12 Voting No: None. The caption of Ordinance No. 21-48 reads as follows: ORDINANCE NO. 21-48 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 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Holmes, seconded by Councilmember Moses and carried, Proposed Ordinance No. 6973 was adopted becoming Ordinance No. 21-49. Voting Yes: Mayor Bartle; Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Marks and Moses. Voting No: None. The caption of Ordinance No. 21-49 reads as follows: ORDINANCE NO. 21-49 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 (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 City Council Minutes Regular Meeting —June 22, 2021 13 The City Council Agenda As Set Forth In 551.041 Of The Texas Government Code The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Holmes, seconded by Councilmember Marks and carried, Proposed Ordinance No. 6974 was adopted becoming Ordinance No. 21-50. Voting Yes: Mayor Bartle; Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 21-50 reads as follows: ORDINANCE NO. 21-50 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 MEETING) 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 (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 City Council recessed their meeting at 12:35 p.m. to meet in Executive Session to consider the above-mentioned topics and reconvened their meeting at 2:13 p.m. with the following members present: Mayor Bartle; Councilmembers Holmes, Marks and Moses; City Manager Burton; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Duriso. City Council Minutes Regular Meeting —June 22, 2021 14 MOTON IN OPEN SESSION The City Secretary read the following motion into the record: A MOTION TO APPROVE A SETTLEMENT ON A CLAIM AGAINST MARINE FUELING IN THE AMOUNT OF $80,413.73 AND TO AUTHORIZE THE CITY MANAGER AND CITY ATTORNEY TO EXECUTE A SETTLEMENT AGREEMENT AND AUTHORIZING THE RECEIPT OF FUNDS ON BEHALF OF THE CITY OF PORT ARTHUR Upon the motion of Councilmember Holmes, seconded by Councilmember Moses and carried, the above-mentioned motion was adopted. Voting Yes: Mayor Bartie; Councilmembers Holmes, Marks and Moses. Voting No: None. VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Holmes, seconded by Councilmember Marks and carried, Proposed Resolution No. 21980 was adopted, as updated to include the language ratification, becoming Resolution No. 21-273. Voting Yes: Mayor Bartle; Councilmembers Holmes, Marks and Moses. Voting No: None. The caption of Resolution No. 21-273 reads as follows: RESOLUTION NO. 21-273 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 IX. ADJOURNMENT OF MEETING Upon the motion by Councilmember Homes, seconded by Councilmember Moses and carried unanimously, the City Council adjourned their meeting at 2:18 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. City Council Minutes Regular Meeting —June 22, 2021 15 MAYOR THURMAN "BILL" BARTIE ATTEST: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD June 22, 2021. APPROVED: City Council Minutes Regular Meeting —June 22, 2021 16