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HomeMy WebLinkAboutOCTOBER 12, 2021 REGULAR MEETING AGENDA 9:30 A.M. THURMAN BILL BARTIE,MAYOR ,gyy = . ICON BURTON DONALD FRANK,SR.,MAYOR PRO TEM City of cry CITY MANAGER COUNCIL MEMBERS: , SHERRI BELLARD,TRMC INGRID HOLMES =� CITY SECRETARY CAL J.JONES or/ rthtir THOMAS J. KINLAW III VAL TREND KENNETH MARKS Ti CITY ATTORNEY DONALD FRANK,SR CHARLOTTE MOSES AG E N DA City Council Regular Meeting October 12, 2021 9:30 A. M . The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled At 9:30 A.M. On Tuesday, October 12, 2021 By Telephonic And Videoconference In Addition To Allowing In Person Attendance. A Quorum Of The City Council Will Be Physically Present In The City Council Chamber, Fifth Floor, City Hall, 444 Fourth Street Port Arthur, Texas. The Public May Participate In The Meeting In Person Or By Dialing One Of The Following Toll-Free Numbers And Entering The Meeting ID: 840 6965 2458 And Passcode: 208802 (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 Hall Council Chamber City Of Port Arthur October 12, 2021 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 — None B. Presentations (1) A Presentation By Charles Wheeler, Project Manager, U.S. Army Corps Of Engineers Regarding A Study Update For The Port Arthur And Vicinity Coastal Storm Risk Management Project (2) A Presentation By National Development Council (NDC) And Community Development Properties, Port Arthur, Inc. (CDP Port Arthur) Regarding The Development Of A 108-Unit Workforce Housing Project In Downtown Port Arthur (3) A Presentation By Pride Management Group, Inc. Regarding A Planned 275 Acre Development Project In Port Arthur By Patel Mixed- Used Development AGENDA October 12, 2021 III. PETITIONS & COMMUNICATIONS — CONTINUED C. Employee Recognition — None D. Correspondence — None E. Discussion (1) A Detailed Report On Street Improvement Projects (Requested By Councilmember Kinlaw) (2) A Detailed Report On Vacant Job Positions By Human Resources (Requested By Councilmember Kinlaw) IV. PUBLIC HEARINGS — 10:00 A.M. To Receive And Consider Public Comment For All Interested Citizens With Regard To A Zoning Change From Light Commercial "LC" To Planned Development District — 41 "PD-41". Legal Description: Approximately 2.5524-Acres Of Land Consisting Of Lot 7 (Tracts 2, 3 And 6), Block 2, Port Acres Addition, Lot 7, Block 2, And Lots 9 And 10, Block 3, Mari Addition, Port Arthur, Jefferson County, Texas Location: 6621 West Port Arthur Road, 2383 65th Street And Adjacent Properties The Public Will Also Be Able To View The Public Hearing Via The City's Website At www.portarthurtx.gov V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) Pursuant To 551.0415 Of The Texas Government Code, The Mayor And Council May Make Announcements Regarding Items Of Community Interest, Which Include The Following: (1) Expressions Of Thanks, Congratulations, Or Condolence; (2) Information Regarding Holiday Schedules; AGENDA October 12, 2021 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED (3) An Honorary Or Salutary Recognition Of A Public Official, Public Employee, Or Other Citizen, Except That A Discussion Regarding A Change In The Status Of A Person's Public Office Or Public Employment Is Not An Honorary Or Salutary Recognition For Purposes Of This Subdivision; (4) A Reminder About An Upcoming Event Organized Or Sponsored By The Governing Body; (5) Information Regarding A Social, Ceremonial, Or Community Event Organized Or Sponsored By An Entity Other Than The Governing Body That Was Attended Or Is Scheduled To Be Attended By A Member Of The Governing Body Or An Official Or Employee Of The Political Subdivision; And (6) Announcements Involving An Imminent Threat To The Public Health And Safety Of People In The Political Subdivision That Has Arisen After The Posting Of The Agenda **Possible Action May Not Be Discussed In Conjunction With The Information Provided In The Report VI. UNFINISHED BUSINESS (1) P.O. No. 7000 — An Ordinance Amending Ordinance No. 20-86, As It Pertains To The 2020-2022 Collective Bargaining Agreement Between The City Of Port Arthur And The International Association Of Fire Fighters Local 397 (2) P.O. No. 7003 — An Ordinance Approving A Collective Bargaining Agreement Between The City Of Port Arthur And The Port Arthur Police Association. Proposed Funding: Police Department Budget Account No. 001-17-045-8911-00-30-000 AGENDA October 12, 2021 VII. 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 September 28, 2021 Special Meeting (Executive Session) September 28, 2021 Regular Meeting C. Resolutions (1) P.R. No. 22128 — A Resolution Calling For A Public Hearing To Consider Granting A Zoning Change From Single Family To Industrial For Approximately 39.589-Acres Of Land Consisting Of Lots 3, 4, 5, And 6, Block 3, Range "C", Port Arthur Land Company Subdivision, City Of Port Arthur, Jefferson County, Texas (2) P.R. No. 22154—A Resolution Authorizing The City Manager To Enter Into A Contract With Gulf Coast A CRH Company Of Beaumont, Texas, For The 60th Street Rehabilitation Project In The Amount Of $183,494.79. Funding Is Available In FEMA Streets Project, Account Number 147-07-015-8517-00-40-000-, Project Number STFEM1- GRE-STR (3) P.R. No. 22165 — A Resolution Authorizing The City Manager To Execute A Contract With PA Associated Contractors, LLC Of Port Arthur, Texas For Construction Superintendent Services For Port Arthur Transit's (PAT) Upcoming Construction Projects With A Projected Budgetary Impact Of $35,035.00. Funding Is Available In Transit Account 401-70-530-8512-00-60-000 4 AGENDA October 12, 2021 VII. CONSENT AGENDA (4) P.R. No. 22167 — A Resolution Extending The Rental Of The John Deere 750K Dozer From Doggett Heavy Machinery Services Of Baton Rouge, Louisiana, For The Port Arthur Landfill For A Not-To-Exceed Amount Of $39,864.36. Funding Is Available In Landfill / Equipment Rental, Account Number 403-50-320-5402-00-00-000 (5) P.R. No. 22171 — A Resolution Authorizing The City Manager To Execute A Professional Services Contract For The Construction Of Erosion And Sediment Control Features At The City Of Port Arthur Landfill For The Public Works Department With SCS Engineers Of Houston, Texas, In The Amount Of $41,500.00. Funds Are Available In Public Works Landfill Account No. 403-50-320-5420-00-00-000 (Professional Services) (6) P.R. No. 22172 — A Resolution Authorizing The City Manager To Execute A Professional Services Contract For The Preparation Of A Temporary Authorization And Permit Modification For Use Of Commercial Foam Or Spray On Products As Alternative Daily Cover At The City Of Port Arthur Landfill For The Public Works Department With SCS Engineers Of Houston, Texas, In The Amount Of $24,700.00. Funds Are Available In Public Works Landfill Account No. 403-50-320-5420-00-00-000 (Professional Services) (7) P.R. No. 22174 — A Resolution Of The City Council Of The City Of Port Arthur, Texas Expressing Its Support For The Application By Port Arthur Stonegate Manor, LP For Private Activity Bonds For Low- Income Housing Tax Credits At 4121 Turtle Creek Dr, Port Arthur, Texas 77642 Authorizing An Allocation Of Housing Tax Credits For The Approval Of The Rehabilitation Of The Development; Directing The City Secretary To Send A Certified And True Copy Of This Resolution To Representatives Of Port Arthur Stonegate Manor, LP, For Inclusion In Its Application To The Texas Department Of Housing And Community Affairs For Private Activity Bonds For Low-Income Housing Tax Credits At 4121 Turtle Creek Dr, Port Arthur, Texas 77642; Making Various Findings And Provisions Related To The Subject, And Providing For An Effective Date AGENDA October 12, 2021 VII. CONSENT AGENDA (8) P.R. No. 22175 — A Resolution Authorizing The Designation Of October 9, 2021 And May 14, 2022 As International Migratory Bird Days In Port Arthur To Urge All Citizens To Celebrate This Observance While Supporting Efforts To Protect And Conserve Migratory Birds And Their Habitats In Our Community And The World At Large (9) P.R. No. 22179 — A Resolution Rescinding Resolution No. 21-350 In Its Entirety As It Pertains To The Repayment Of Funds To The Texas Division Of Emergency Management (TDEM) For Seven (7) FEMA Public Assistance Projects Related To Hurricane Ike In An Amount Not To Exceed $1,116,160.72 (10) P.R. No. 22187 — A Resolution Authorizing The Execution Of An Encroachment Agreement Between City Of Port Arthur And Joel Daniel Mallet And Wife, Molly L. Mallet As It Pertains To A 30 Foot Utility Easement Out Of And Part Of Lot 42, Block 1, Lake Arthur Manor Subdivision VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22173 — A Resolution In Adopting The Allocation Method For Opioid Settlement Proceeds As Set Forth In The State Of Texas And Texas Political Subdivisions' Opioid Abatement Fund Council And Settlement Allocation Term Sheet As It Pertains To Certain Drug Companies AndTheir Corporate Affiliates, Parents, Subsidiaries (2) P.R. No. 22180 — A Resolution Authorizing The City Manager To Repay Funds To The Texas Division Of Emergency Management (TDEM) For Four (4) FEMA Public Assistance Projects Related To Hurricane Ike In An Amount Not To Exceed $293,344.46, Account No. 001-01-005-5470-00-10-000, Project No. MA7903-OTH-OCS (3) P.R. No. 22182 — A Resolution Addressing A Request For A Variance Pursuant Section 6-35 Of The Code Of Ordinances Of The City Of Port Arthur And Section 109.33 Of The Texas Alcohol And Beverage Code As It Pertains To The Sale Of Alcoholic Beverages At 1700 Jefferson Drive, Suite 300, Port Arthur, Texas 6 AGENDA October 12, 2021 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (4) P.R. No. 22188 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Moses) B. Ordinances — Non-Consent (1) P.O. No. 7001 — An Ordinance Amending Chapter 86 (Solid Waste), Article IV (Fees, Charges And Billing Procedures), Section 86-112 (Residential Garbage) And Section 86-114 (Commercial Refuse) Of The Code Of Ordinances, City Of Port Arthur, Texas, By Increasing The Service Rate Of The First Toter By $2.50 To $20.50 As It Pertains To Rates For Residential, Change The Rate Of The Additional Commercial Containers, Removing The Discounted Price For The Second, Third And Fourth Containers And Providing For Publication (2) P.O. No. 7005 — An Ordinance Amending Section 18-33 Permit Fee Schedule, B106 Exceptions To The Permit Fee; (1) Of The Code Of Ordinances By Adding To Allow Waiving Of Permit Fees Expressly For Projects In The Downtown Target Area, Relating To The City Of Port Arthur Section 4A Economic Development Corporation's Affordable Housing Program For New Construction Of Single-Family Residential Structures. Said Changes Repeal All Or Parts Of Ordinances In Conflict Herewith; And Declaring The Effective Date Hereof (3) P.O. No. 7007 — An Ordinance Amending Chapter 6 Of The Code Of Ordinances As It Pertains To The Consumption, Sale, Resale, Distribution, Manufacture Or Storage Of Any Liquor, Wine, Beer Or Alcoholic Beverage Whatsoever Within The City Limits Of The City Of Port Arthur AGENDA October 12, 2021 IX. *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 Meetinq: (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 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Within The City's Downtown (3) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Manager, City Attorney, City Secretary and Municipal Court Judge (4) Section 551.087 Government Code—To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospect *The Items In Executive Session May Be Discussed And Acted On In Open Session 8 AGENDA October 12, 2021 X. ADJOURNMENT OF MEETING *************************************************** NOTE: If The Meeting Extends Past 11:59 PM, The City Council May Elect To Recess The Meeting And Reconvene At 9:30 AM On October 13, 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 *************************************************** 9 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.