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HomeMy WebLinkAbout(4) 12/07/2021 REGULAR MEETING REGULAR MEETING — December 7, 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, December 7, 2021 at 9:30 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Pro Tern Donald Frank, Sr.; Councilmembers Ingrid Holmes, Thomas Kinlaw, III. and Charlotte Moses; City Manager Ron Burton; City Secretary Sherri Bellard; City Attorney Valecia R. Tizeno and Sergeant At Arms Police Chief Tim Duriso. Mayor Thurman Bill Bartle was absent from the Regular Meeting. Councilmember Kenneth Marks joined the Regular Meeting at 9:38 a.m. Councilmembers Cal Jones joined the Regular Meeting at 9:40 a.m. II. PROCLAMATIONS — None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Airon Reynolds Of The Helbig Community Development Corporation Regarding Housing Development Airon Reynolds, 6945 Solita Drive, Beaumont, Texas appeared before the City Council to discuss the above-mentioned topic. B. Presentations (1) A Presentation By Staff Regarding An Update On The City's Wayfinding Signage Program Parks and Recreation Director Chandra Alpough gave the above-mentioned presentation. (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 City Attorney Tizeno and Bojorquez Law Firm, P.C. Associate Attorney Marianella Joseph gave the above-mentioned presentation. C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARING(S) - 9:00 AM — None V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) Councilmember Moses announced the City of Port Arthur Holiday Downtown Event to be held on Saturday, December 11, 2021 from 12:00 p.m. to 8:00 p.m. Councilmember Marks reported that at the Port Arthur Health Director Judith Smith, Assistant Health Director Latoshia Mayon and newly appointed Fire Chief Gregory Benson was given awards by the Sabine Neches Chiefs Association for their dedication during the ongoing pandemic. VI. UNFINISHED BUSINESS (1) P.R. No. 22199 — A Resolution Appointing A Member Or Members To The Construction Board Of Adjustments And Appeals Mayor Pro Tern Frank introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Councilmember Kinlaw that Proposed Resolution No. 22199 be adopted. Mayor Bartle nominated Laura Harrison for appointment. Voting Yes: Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. Proposed Resolution No. 22199 was adopted becoming Resolution No. 21-508. The caption of Resolution No. 21-508 reads as follows: RESOLUTION NO. 21-508 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) Mayor Pro Tern Frank introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Councilmember Jones that Proposed Resolution No. 22235 be adopted. EDC Director George Davis and Administrative Assistant Jana Barnes appeared before the City Council to answer inquiries regarding the above-mentioned topic. Voting Yes: Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. Proposed Resolution No. 22235 was adopted becoming Resolution No. 21-509. The caption of Resolution No. 21-509 reads as follows: City Council Minutes Regular Meeting — Decembre 7, 2021 2 RESOLUTION NO. 21-509 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 Upon the motion of Councilmember Holmes, seconded by Councilmember Kinlaw and carried, the following Consent Agenda items were adopted with the exception of Proposed Resolution No. 21983: Voting Yes: Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. A. Travel Request/Expense Report — None B. Minutes — None C. Resolutions (2) P.R. No. 22052 — A Resolution Recognizing HEB Grocery Store For In-Kind Donations Proposed Resolution No. 22052 was adopted becoming Resolution No. 21-510. (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 Proposed Resolution No. 22087 was adopted becoming Resolution No. 21-511. (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 City Council Minutes Regular Meeting — Decembre 7, 2021 3 Proposed Resolution No. 22250 was adopted becoming Resolution No. 21-512. (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 Proposed Resolution No. 22258 was adopted becoming Resolution No. 21-513. (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 Proposed Resolution No. 22259 was adopted becoming Resolution No. 21-514. (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 Proposed Resolution No. 22261 was adopted becoming Resolution No. 21-515. VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT Consent - 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 Mayor Pro Tem Frank introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Jones, seconded by Councilmember Kinlaw and carried, Proposed Resolution No. 21983 was adopted becoming Resolution No. 21-516. Voting Yes: Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. City Council Minutes Regular Meeting — Decembre 7, 2021 4 The caption of Resolution No. 21-516 reads as follows: RESOLUTION NO. 21-516 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 A. Resolutions (1) P.R. No. 22170 — A Resolution Appointing A Member Or Members To The Pleasure Island Advisory Commission (Requested By Councilmember Jones) Mayor Pro Tern Frank introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Kinlaw and carried, Proposed Resolution No. 22170 was adopted becoming Resolution No. 21-517. Voting Yes: Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Resolution No. 21-517 reads as follows: RESOLUTION NO. 21-517 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 Mayor Pro Tern Frank introduced the above-mentioned Proposed Resolution. City Council Minutes Regular Meeting — Decembre 7, 2021 5 The motion was made by Councilmember Jones and seconded by Councilmember Kinlaw that Proposed Resolution No. 22262 be adopted. Parks and Recreation Director Chandra Alpough and Purchasing Director Clifton Williams appeared before the City Council to answer inquiries regarding the above-mentioned topic. Applicant Toryn Foreman appeared before the City Council to answer inquiries regarding the proposed Zydeco Festival. Voting Yes: Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. Proposed Resolution No. 22262 was adopted becoming Resolution No. 21-518. The caption of Resolution No. 21-518 reads as follows: RESOLUTION NO. 21-518 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 A. Ordinances (1) P.O. No. 7011 — An Ordinance Designating Monday December 27, 2021, As A Legal Holiday Mayor Pro Tern Frank introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Moses, seconded by Councilmember Holmes and carried, Proposed Ordinance No. 7011 was adopted becoming Ordinance No. 21-82. Voting Yes: Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 21-82 reads as follows: ORDINANCE NO. 21-82 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 City Council Minutes Regular Meeting — Decembre 7, 2021 6 Mayor Pro Tern Frank introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Marks, seconded by Councilmember Kinlaw and carried, Proposed Ordinance No. 7017 was adopted becoming Ordinance No. 21-83. Voting Yes: Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 21-83 reads as follows: ORDINANCE NO. 21-83 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 (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 Mayor Pro Tern Frank introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Jones, seconded by Councilmember Marks and carried, Proposed Ordinance No. 7018 was adopted becoming Ordinance No. 21-84. Voting Yes: Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 21-84 reads as follows: ORDINANCE NO. 21-84 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 City Council Minutes Regular Meeting — Decembre 7, 2021 7 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 Mayor Pro Tern Frank introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Holmes, seconded by Councilmember Marks and carried, Proposed Ordinance No. 7019 was adopted becoming Ordinance No. 21-85. Voting Yes: Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The caption of Ordinance No. 21-85 reads as follows: ORDINANCE NO. 21-85 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 IX. *CLOSED MEETING (EXECUTIVE MEETING) 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 City Council Minutes Regular Meeting — Decembre 7, 2021 8 (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 The City Council recessed their meeting at 10:53 a.m. to meet in Executive Session to consider the above-mentioned topics and reconvened their meeting at 12:43 p.m. with the following members present: Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses; City Manager Burton; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Duriso. VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Ordinances (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 Mayor Pro Tern Frank introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Moses and seconded by Councilmember Kinlaw that Proposed Ordinance No. 7020 be adopted. The motion was made by Councilmember Kinlaw and seconded by Councilmember Moses that Proposed Ordinance No. 7020 be amended as follows: To Provide For Revocation Of Gaming Permits Based Upon Single Violation Of The Gaming Ordinance Voting Yes: Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. The motion to amend Proposed Ordinance No. 7020 carried. Voting Yes: Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw, Marks and Moses. Voting No: None. Proposed Ordinance No. 7020 was adopted, as amended, becoming Ordinance No. 21- 86. The caption of Ordinance No. 21-86 reads as follows: City Council Minutes Regular Meeting — Decembre 7, 2021 9 ORDINANCE NO. 21-86 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 X. ADJOURNMENT OF MEETING Upon the motion by Councilmember Jones, seconded by Councilmember Kinlaw and carried unanimously, the City Council adjourned their meeting at 12:46 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. MAYOR THURMAN "BILL" BARTIE ATTEST: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD December 7, 2021. APPROVED: . City Council Minutes Regular Meeting — Decembre 7, 2021 10