HomeMy WebLinkAbout(1) 10/12/2021 REGULAR MEETING REGULAR MEETING — October 12, 2021
I. INVOCATION, PLEDGE & ROLL CALL
Councilmember Kinlaw 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, October
12, 2021 at 9:37 a.m. in the City Council Chamber, City Hall, with the following
members present: Mayor Thurman Bill Bartle; Mayor Pro Tem 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
Proclamations
The Mayor issued the following Proclamation(s):
Tuesday October 12, 2021 as "Gift of Life Day"
September 2021 as "National Ovarian Cancer Awareness Month"
October 2021 as "National Breast Cancer Awareness Month"
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
Project Manager, U.S. Army Corps of Engineers gave the above-mentioned
presentation.
IV. PUBLIC HEARING(S) - 9:00 AM
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 Mayor introduced the above-mentioned Public Hearing at 10:05 a.m.
Assistant City Manager Development Services Pamela Landford appeared before the
City Council and gave an overview of the above-mentioned item.
The Mayor requested to hear from anyone present in the audience who wished to
speak regarding the above-mentioned item.
No one appeared before the City Council to address the above-mentioned item.
Upon the motion of Councilmember Kinlaw, seconded by Councilmember Marks and
carried unanimously, the City Council closed the Public Hearing at 10:14 a.m.
III. PETITIONS & COMMUNICATIONS
B. Presentations
(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
National Development Council Director Stephanie Dougan gave the above-
mentioned presentation.
(3) A Presentation By Pride Management Group, Inc. Regarding
A Planned 275 Acre Development Project In Port Arthur By
Patel Mixed-Used Development
Soutex Representative Anthony Leger and Mr. Petel gave the above-mentioned
presentation.
C. Employee Recognition
D. Correspondence
E. Discussion
(1) A Detailed Report On Street Improvement Projects
(Requested By Councilmember Kinlaw)
The City Manager led the discussion regarding street improvement projects. No action
was taken.
(2) A Detailed Report On Vacant Job Positions By Human
Resources (Requested By Councilmember Kinlaw)
Human Resource Director Trameka Williams appeared before the City Council to answer
inquiries regarding vacant job positions. No action was taken.
V. REPORTS / ITEMS OF COMMUNITY INTEREST
(LIMITED TO A TOTAL OF TWO (2) MINUTES PER
COUNCILMEMBER)
Mayor Pro Tern Frank gave a brief report regarding the success of the Annual Texas
Municipal League Conference.
Councilmember Marks gave a brief report regarding the community picnic held at Eglin
Part and commended staff for their participation in making the event a success.
Councilmember Jones commended Assistant City Manager Scott Moore for excellence in
carrying out his duties.
Mayor Bartle commended the City Council for their teamwork at the Annual Texas
Municipal League Conference.
City Council Minutes
Regular Meeting — October 12, 2021 2
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
The Mayor introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Kinlaw, seconded by Councilmember Jones and
carried, Proposed Ordinance No. 7000 was adopted becoming Ordinance No. 21-72.
Voting Yes: Mayor Bartie; Mayor Pro Tem Frank; Councilmembers Homes, Jones,
Kinlaw, Marks and Moses.
Voting No: None.
The caption of Ordinance No. 21-70 reads as follows:
ORDINANCE NO. 21-72
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
The Mayor introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Marks, seconded by Councilmember Holmes and
carried Proposed Ordinance No. 7003 was tabled.
Voting Yes: Mayor Bartie; Mayor Pro Tem Frank; Councilmembers Holmes, Jones,
Kinlaw, Marks and Moses.
Voting No: None.
VII. CONSENT AGENDA
Upon the motion of Councilmember Kinlaw, seconded by Councilmember Jones and
carried, the following Consent Agenda items were adopted with the exception of
Proposed Resolutions No. 22167:
Voting Yes: Mayor Bartle; Mayor Pro Tem Frank; Councilmembers Holmes, Jones,
Kinlaw, Marks and Moses.
Voting No: None.
A. Travel Request
B. Expense Reports
City Council Minutes
Regular Meeting — October 12, 2021 3
C. Minutes
D. Resolutions
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
Proposed Resolution No. 22128 was adopted becoming Resolution No. 21-416.
(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
Proposed Resolution No. 22154 was adopted becoming Resolution No. 21-417.
(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
Proposed Resolution No. 22165 was adopted becoming Resolution No. 21-418.
(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)
Proposed Resolution No. 22171 was adopted becoming Resolution No. 21-419.
(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.
City Council Minutes
Regular Meeting — October 12, 2021 4
Funds Are Available In Public Works Landfill Account No.
403-50-320-5420-00-00-000 (Professional Services)
Proposed Resolution No. 22172 was adopted becoming Resolution No. 21-420.
(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
Proposed Resolution No. 22174 was adopted becoming Resolution No. 21-421.
(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
Proposed Resolution No. 22175 was adopted becoming Resolution No. 21-422.
(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
Proposed Resolution No. 22179 was adopted becoming Resolution No. 21-423.
(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
Proposed Resolution No. 22187 was adopted becoming Resolution No. 21-424.
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
Consent - Resolutions
(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
City Council Minutes
Regular Meeting — October 12, 2021 5
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Jones, seconded by Councilmember Holmes and
carried, Proposed Resolution No. 22167 was adopted becoming Resolution No. 21-425.
Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Ho mes, Jones,
Kinlaw, Marks and Moses.
Voting No: None.
The caption of Resolution No. 21-425 reads as follows:
RESOLUTION NO. 21-425
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
A. Resolutions
(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 And Their
Corporate Affiliates, Parents, Subsidiaries
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Moses, seconded by Councilmember Marks and
carried, Proposed Resolution No. 22173 was adopted becoming Resolution No. 21-426.
Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Ho mes, Jones,
Kinlaw, Marks and Moses.
Voting No: None.
The caption of Resolution No. 21-426 reads as follows:
RESOLUTION NO. 21-426
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 AND THEIR 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
City Council Minutes
Regular Meeting — October 12, 2021 6
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
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Mayor Pro Tem Frank, seconded by Councilmember Jones and
carried, Proposed Resolution No. 22180 was adopted becoming Resolution No. 21-427.
Voting Yes: Mayor Bartle; Mayor Pro Tem Frank; Councilmembers Holmes, Jones,
Kinlaw, Marks and Moses.
Voting No: None.
The caption of Resolution No. 21-427 reads as follows:
RESOLUTION NO. 21-427
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
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Mayor Pro Tem Frank, seconded by Councilmember Holmes and
carried, Proposed Resolution No. 22182 was adopted becoming Resolution No. 21-428.
Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Jones,
Kinlaw, Marks and Moses.
Voting No: None.
The caption of Resolution No. 21-428 reads as follows:
RESOLUTION NO. 21-428
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
City Council Minutes
Regular Meeting — October 12, 2021 7
(4) P.R. No. 22188 — A Resolution Appointing And/Or
Reappointing A Member Or Members To The Beautification
Commission (Requested By Councilmember Moses)
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Moses and seconded by Councilmember
Marks that Proposed Resolution No. 22188 be adopted.
Councilmember Moses nominated Scedonia McClain for reappointment.
Voting Yes: Mayor Bartle; Mayor Pro Tem Frank; Councilmembers Holmes, Jones,
Kinlaw, Marks and Moses.
Voting No: None.
Proposed Resolution No. 22188 was adopted becoming Resolution No. 21-429.
The caption of Resolution No. 21-429 reads as follows:
RESOLUTION NO. 21-429
A RESOLUTION APPOINTING AND/OR
REAPPOINTING A MEMBER OR MEMBERS TO
THE BEAUTIFICATION COMMISSION
(REQUESTED BY COUNCILMEMBER MOSES)
A. Ordinances
(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
The Mayor introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Holmes, seconded by Councilmember Jones and
carried Proposed Ordinance No. 7001 was tabled.
Voting Yes: Mayor Bartie; Mayor Pro Tem Frank; Councilmembers Holmes, Jones,
Kinlaw, Marks and Moses.
Voting No: None.
(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
City Council Minutes
Regular Meeting — October 12, 2021 8
The Mayor introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Kinlaw, seconded by Councilmember Jones and
carried, Proposed Ordinance No. 7005 was adopted becoming Ordnance No. 21-73.
Voting Yes: Mayor Bartie; Mayor Pro Tem Frank; Councilmembers Holmes, Jones,
Kinlaw, Marks and Moses.
Voting No: None.
The caption of Ordinance No. 21-73 reads as follows:
ORDINANCE NO. 21-73
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
The Mayor introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Moses, seconded by Councilmember Marks and
carried, Proposed Ordinance 7007 was adopted becoming Ordinance No. 21-74.
Voting Yes: Mayor Bartle; Mayor Pro Tem Frank; Councilmembers Holmes, Jones,
Kinlaw, Marks and Moses.
Voting No: None.
The caption of Ordinance No. 21-74 reads as follows:
ORDINANCE NO. 21-74
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
City Council Minutes
Regular Meeting — October 12, 2021 9
IX. *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 551.072 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 City Council recessed their meeting at 12:06 p.m. to meet in Executive Session to
consider the above-mentioned topics and reconvened their meeting at 1:29 p.m. with
the following members present: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers
Holmes, Kinlaw and Marks; City Manager Burton; City Secretary Bellard; City Attorney
Tizeno and Sergeant At Arms Chief Duriso.
MOTION IN OPEN SESSION
The City Secretary read the following motion into the record:
A Motion To Authorize A Settlement On A Pending Claim With
Sumptuous Consulting, LLC In The Total Amount Of $17,015.00
And To Authorize The City Manager To Execute A Settlement
Agreement On Behalf Of The City Of Port Arthur
Upon the motion of Mayor Pro Tern Frank, seconded by Councilmember Marks and
carried the above-mentioned motion was adopted.
Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Holmes, Kinlaw and
Marks.
Voting No: None.
X. ADJOURNMENT OF MEETING
Upon the motion by Councilmember Holmes, seconded by Councilmember Kinlaw and
carried unanimously, the City Council adjourned their meeting at 1:30 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.
MAY R TFI RMAN "BILL" BARTIE
City Council Minutes
Regular Meeting — October 12, 2021 10
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END OF REGULAR MEETING HELD October 12, 2021.
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City Council Minutes
Regular Meeting — October 12, 2021 11