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HomeMy WebLinkAboutDECEMBER 7, 2021 REGULAR MEETING AGENDA 9:30 A.M. THURMAN BILL BARTIE,MAYOR Energy/J RON BURTON DONALD FRANK,SR.,MAYOR PRO TEM City Of Cis' CITY MANAGER COUNCIL MEMBERS: 411.1 SHERRI BELLARD,TRMC INGRID HOLMES � CITY SECRETARY CAL J.JONES o r t r t h rr r THOMAS J.KINLAW III VAL TIZENO KENNETH MARKS Texas CITY ATTORNEY DONALD FRANK,SR CHARLOTTE HOSES AG E N DA City Council Regular Meeting December 7, 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, December 7, 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: 895 4967 8851 And Passcode: 240870 (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 December 7, 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 (1) Airon Reynolds Of The Helbig Community Development Corporation Regarding Housing Development B. Presentations (1) A Presentation By Staff Regarding An Update On The City's Wayfinding Signage Program (2) A Presentation Regarding A Comprehensive Update To The City Of Port Arthur Code Of Ordinances By Val Tizeno, City Attorney And Marianella Joseph, Associate Attorney Of The Bojorquez Law Firm, P.C., On Behalf Of The Ordinance Committee C. Employee Recognition — None AGENDA December 7, 2021 III. PETITIONS & COMMUNICATIONS — CONTINUED D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 10:00 A.M. — NONE 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; (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 AGENDA December 7, 2021 VI. UNFINISHED BUSINESS (1) P.R. No. 22199 — A Resolution Appointing A Member Or Members To The Construction Board Of Adjustments And Appeals (2) P.R. No. 22235 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into An Amended Commercial Five (5) Year Lease Agreement With Lamar State College Port Arthur For Its Culinary And Hospitality Program At 549 4th Street (The Press Building) 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 — None C. Resolutions (1) P.R. No. 21983 — A Resolution Authorizing The City Manager To Execute Change Order No. 4 Increasing The Original Contract Amount By $4,043.50 To A New Contract Amount Of $923,979.00 And Acceptance Of The Engineer's Certificate Of Substantial Completion, Contractor's Certificate And Release, Contractor's Certificate Of Guarantee, Contractor's Affidavit Of Payment Of Debts And Claims To The Contract Between The City Of Port Arthur And Excavation & Construction, LLC Of Port Arthur, Texas For The 8th Avenue Improvement Project From 32nd Street To The Dead-End And Approval Of Release Of Retainage In The Amount Of $49,804.03 From The Capital Improvements Street Maintenance And Repair Account No. 307-21-053-8517-00-10-000. Project No. ST1P02 AGENDA December 7, 2021 VII. CONSENT AGENDA — CONTINUED (2) P.R. No. 22052 — A Resolution Recognizing HEB Grocery Store For In-Kind Donations (3) P.R. No. 22087 — A Resolution Authorizing The City Manager To Execute Change Order No. 5 Decreasing The Original Contract Amount By $352.00 To A New Contract Amount Of $2,340,938.39 And Acceptance Of The Engineer's Certificate Of Substantial Completion, Contractor's Certificate And Release, Contractor's Certificate Of Warranty, Contractor's Affidavit Of All Debts Paid To The Contract Between The City Of Port Arthur And Excavation & Construction, LLC Of Port Arthur, Texas For The Sunken Court Roadway Reconstruction Project From Twin City Highway To North Park Drive And Approval Of Release Of Retainage, Less $12,000.00 For Liquidated Damages, And Less $352.00 Overpayment, For The Amount Of $104,694.92 From The Capital Improvements Street Maintenance And Repair Account No. 307-21-053-8517-00-10-000. Project No. ST1P02 (4) P.R. No. 22250 —A Resolution Authorizing The City Manager To Enter Into An Agreement With Associated Mechanical Services, Inc Of Nederland, Texas To Replace The Current HVAC Package Unit At The Sabine Pass Community Center In The Amount Of$30,073.00. Funds Available In Account Number 001-15-043-5312-00-20-000 (5) P.R. No. 22258 — A Resolution Authorizing The Acceptance Of A Sponsorship From AB Genuine Health LLC In The Amount Of $1,000.00 To Facilitate The City Of Port Arthur's Holiday Downtown Event (6) P.R. No. 22259 — A Resolution Authorizing The Acceptance Of A Sponsorship From La Vaquita Meat Market In The Amount Of $100.00 To Facilitate The City Of Port Arthur's Holiday Downtown Event 4 AGENDA December 7, 2021 VII. CONSENT AGENDA — CONTINUED (7) P.R. No. 22261 — A Resolution Authorizing The Second Year (First Renewal) For The Rental Of Regular Toilets, Wheelchair Accessible Toilets, ADA Accessible Toilets, And Portable Toilets With Handwashing Station With United Rentals (North America), Inc., DBA Reliable Onsite Of Humble, Texas With A Projected Budgetary Amount Of $60,000.00 Annually, For The Parks And Recreation Department. Funding Is Available In The Parks And Recreation Account Number 001-25-065-5401-00-20-000 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22170 — A Resolution Appointing A Member Or Members To The Pleasure Island Advisory Commission (Requested By Councilmember Jones) (2) P.R. No. 22262 — A Resolution Designating And Establishing The Best Of Both Worlds Zydeco And Blues Festival, Toryn Foreman As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement Thereof B. Ordinances — Non-Consent (1) P.O. No. 7011 — An Ordinance Designating Monday December 27, 2021, As A Legal Holiday (2) P.O. No. 7017 — An Ordinance Amending Chapter 10 (Animals) Of The Code Of Ordinances; Providing Certain Amendments Thereto; Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith; Providing Penalty For Violation By Fine Not Exceeding Five Hundred Dollars ($500.00), As Otherwise Imposed By State Law; And Providing For Publication And An Effective Date Immediately After Publication 5 AGENDA December 7, 2021 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.O. No. 7018 — An Ordinance Amending Chapter 18 (Buildings) Of The Code Of Ordinances; Providing Certain Amendments Thereto; Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith; Providing Penalty For Violation By Fine Not Exceeding Five Hundred Dollars ($500.00), As Otherwise Imposed By State Law; And Providing For Publication And An Effective Date Immediately After Publication (4) P.O. No. 7019 — An Ordinance Amending Chapter 34 (Environment) Of The Code Of Ordinances; Providing Certain Amendments Thereto; Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith; Providing Penalty For Violation By Fine Not Exceeding Two Thousand Dollars ($2,000.00), As Otherwise Imposed By State Law; And Providing For Publication And An Effective Date Immediately After Publication (5) P.O. No. 7020 — An Ordinance Of The City Of Port Arthur Amending Chapter 22 Of The Code Of Ordinances To Provide For The Regulation Of The Operation Of Amusement Gaming Machines Within The City Limits; Repealing All Ordinances Or Parts Of Ordinances In Conflict Therewith; Providing Penalty For Violation By Fine Not Exceeding Two Thousand Dollars ($2,000.00), As Otherwise Imposed By State Law; And Providing For Publication And An Effective Date Immediately After Publication i 6 AGENDA December 7, 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 Meeting: (1) Section 551.071 Government Code — Attorney Client Privilege- To Discuss A Matter In Which The Duty Of The Attorney To The Governmental Body Under The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas Clearly Conflicts With The Open Meetings Act (2) 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 (3) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Within The City Limits Of Port Arthur (4) Section 551.087 Government Code —To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospects (5) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Manager, City Attorney, City Secretary and Municipal Court Judge 1 AGENDA December 7, 2021 IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED *The Items In Executive Session May Be Discussed And Acted On In Open Session 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 December 8, 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 *************************************************** 8 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.