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HomeMy WebLinkAboutAPRIL 26, 2022 REGULAR MEETING AGENDA 9:30 A.M. THURMAN BILL BARTIE,MAYOR RON BURTON DONALD FRANK,SR.,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC INGRID HOLMES CITY SECRETARY CAL J.JONES o r I rthur THOMAS J. KINLAW 111 VAL TIZENO KENNETH MARKS Teas CITY ATTORNEY CHARLOTTE MOSES AG E N DA City Council Regular Meeting April 26, 2022 9:30 A.M . The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled At 9:30 A.M. CST On Tuesday, April 26, 2022 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: 898 0121 9731 And Passcode: 081995 (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 April 26, 2022 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) Patrick Plumer Regarding Cleaning Up Our City (Trash — Red Tag Homes) (2) Brian Meadowcroft Regarding The Port Arthur Yacht Club Events And Services (3) Reginal Trainer Regarding The Dime Neighborhood Reunion And Community Gathering Entertainment B. Presentations (1) A Presentation By Dana Espinal, Regarding The Lamar State College Port Arthur Small Business Development Center i AGENDA APRIL 26, 2022 III. PETITIONS & COMMUNICATIONS — CONTINUED (2) A Presentation By Staff Regarding The February Financial Report C. Employee Recognition — None D. Correspondence — None E. Discussion (1) A Discussion And Possible Action Regarding The Status Of The City's Health Department (Requested By Councilmember Kinlaw) (2) A Discussion And Possible Action Regarding The Status Of The City's Animal Shelter (Requested By Councilmember Kinlaw) IV. PUBLIC HEARINGS — 10:00 A.M. A Public Hearing For The Purpose Of Receiving Public Comments Regarding Z22-01 — Specific Use Permit For Approximately 11.820-Acres Of Land Consisting Of Tract 7-A, Block 3, Range "G", Port Arthur Land Company Subdivision, And A Portion Of The Ippolito Addition (1645 Jefferson Drive), City Of Port Arthur, Jefferson County, Texas A Precise Drawing And Description Of This Property Will Also Be Presented At The Public Hearing And Can Be Examined In The City Planning Department, City Hall, Port Arthur, Texas If You Cannot Attend The Meeting You May Send A Letter To The Planning Director, City Of Port Arthur, 444 Fourth Street, Planning Department Third Floor, Port Arthur, TX 77641. If There Are Additional Questions You May Contract The Planning Department At (409) 983-8135 The Public Will Also Be Able To View The Public Hearing Via The City's Website At www.portarthutx.gov 2 AGENDA APRIL 26, 2022 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 VI. UNFINISHED BUSINESS — NONE AGENDA APRIL 26, 2022 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 Reports (Al) City Attorney Valecia Tizeno: Texas Municipal League TXPELRA & Civil Service Workshops College Station, TX January 26 — 28, 2022 $1,059.75 B. Minutes — None C. Resolutions (1) P.R. No. 22439 — A Resolution Authorizing One (1) Year Contracts Between The City Of Port Arthur And Two (2) Vendors, Williams Contracting & Farming, Of Sabine Pass, Texas And Valencia Lawn Service, Of Port Arthur, Texas For Grass Mowing Services Of Privately-Owned And City-Owned Vacant And Developed Lots In An Area Of The City Designated As Area F (Sabine Pass), With An Annual Projected Budgetary Impact Of $40,000.00. Funds Are Available In General Fund Account Number 001-13-039-5470-00-50-000, Other Contractual Service (2) P.R. No. 22475—A Resolution Authorizing The City Manager To Enter Into A Contract With FOB1, LLC DBA Ford Of Boerne of Boerne, Texas For The Purchase Of Three (3) Electric Service Vehicles For Port Arthur Transit In The Amount Not To Exceed $146,592.00. Funding Is Available In Account 401-70-530-8523-00-60-000, Project TR307A 4 AGENDA APRIL 26, 2022 VII. CONSENT AGENDA — CONTINUED (3) P.R. No. 22488 — A Resolution Terminating A Contract With DCD Construction, LLC In The Amount Of $21,440.00 And Awarding The Contract To The Next Lowest Bidder, Lark Group, Inc.; Group A-T (5 Residential Structures With Transite) In The Amount Of $27,300.00, To Be Charged To Account No. 001-13-035-5470-00-10-000 (General Fund-Other Contractual Service) (4) P.R. No. 22489 — A Resolution Authorizing The City Manager To Execute Settlement Of An Automobile Physical Damage Claim In The Amount Of $25,000.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Street Unit #2270 (5) P.R. No. 22490 — A Resolution Authorizing The Purchase Of Commercial Windstorm Coverage In An Amount Not To Exceed $1,054,548.46 Per Annum. Proposed Funding By: General Liability Insurance Fund 612-11-025-5410-00-00-000, $1,054,548.46 (6) P.R. No. 22493 — A Resolution Authorizing The City Manager To Execute A Memorandum Of Understanding (MOU) Between The Texas Department Of Public Safety And The Port Arthur Police Department Regarding The Texas Automated License Plate Reader (LPR) Database (7) P.R. No. 22494—A Resolution Authorizing The City Manager To Enter Into A Professional Service Agreement With Soutex Surveyors And Engineers Of Port Arthur, Texas For Surveying & Preliminary Engineering Of 9th Avenue From 36th Street To Evergreen Drive In A Not To Exceed Amount Of $68,075.00; Funding Is Available In The Capital Improvement Streets Project Account, Account Number 307- 21-053-8517-00-10-000, Project Number STP1P88 (8) P.R. No. 22504 — A Resolution Authorizing The City Manager To Execute A Letter Of Intent With Entergy Texas, LLC Of The Woodlands, Texas For The City Of Port Arthur To Enroll In The Entergy Solutions Program 5 AGENDA APRIL 26, 2022 VII. CONSENT AGENDA — CONTINUED (9) P.R. No. 22511 — A Resolution Authorizing The City Manager To Execute The Texas Department Of Housing And Community Affairs (TDHCA) Home Investment Partnerships Program (HOME) Household Commitment Contracts For Two Applicants Participating In The Homeowner Rehabilitation Assistance Program (HRA) (10) P.R. No. 22512 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 To The Contract Between The City Of Port Arthur And Paramount Design & Development Of Beaumont, Texas, For The Reconstruction Of Four (4) Homes, Increasing The Contract Amount By $22,714.05 To A New Contract Total Of $686,518.90. Funds Will Be Provided From Account No. 105-13-033- 5470-00-40-000, Project Numbers CD5115, CD6145, CD7145, And The Texas Department Of Housing And Community Affairs Home Investment Partnerships Program Reservation System (11) P.R. No. 22515 — A Resolution Calling For A Public Hearing To Consider Granting A Specific Use Permit For Approximately 0.3003- Acres Of Land Consisting Of Tract 3-A, Block 1, Alamo Heights, (3937 9th Avenue), Port Arthur, Jefferson County, Texas (12) P.R. No. 22516 — A Resolution Calling For A Public Hearing To Consider Granting A Zoning Change For Approximately 1.523-Acres Of Land Out Of Tract 1, Lot 12, Block 1, Foster Village (Southwest Corner Of Main Avenue And Northwest Corner Of 13th Street), Port Arthur, Jefferson County, Texas (13) P.R. No. 22517 — A Resolution Authorizing The Second Year (First Renewal) Of The Contract Between The City Of Port Arthur And AHC Services Of Winnie, Texas, For Janitorial Services For City Hall And The City Hall Annex With A Projected Budgetary Impact Of $95,853.00. Funding Is Available In The Facilities Maintenance Building Maintenance Account, Account No. 001-21-059-5312-00-70- 000 6 AGENDA APRIL 26, 2022 VII. CONSENT AGENDA — CONTINUED (14) P.R. No. 22518 — A Resolution Authorizing The Second Year (First Renewal) Of The Contract Between The City Of Port Arthur And GP Evans, Contractors, LLC Of Winnie, Texas, For The Annual Mowing Of The Landfill With A Projected Budgetary Impact Of $87,420.00. Funding Is Available In The Solid Waste Landfill Other Contractual Service Account, Account No. 403-50-320-5470-00-00-000 (15) P.R. No. 22520 — A Resolution Authorizing The Acceptance Of A Donation From Enterprise Products Operating, LLC For First Responder Support And Assistance In The Amount Of $500.00 (16) P.R. No. 22521 — A Resolution Designating And Establishing Dime Neighborhood Reunion And Community Gathering Entertainment Area, Designating Dime Neighborhood As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement Thereof (17) P.R. No. 22527 — A Resolution Authorizing The City Manager To Renew Insurance Policies For Various Locations With Wright National Flood Insurance Company For Flood Insurance In The Amount Of $75,302.00. Proposed Funding By:612-11-025-5410-00-00-000 - $75,302.00 Liability Insurance Fund VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22437 — A Resolution Authorizing One (1) Year Contracts Between The City Of Port Arthur And Seven (7) Vendors For Grass Mowing Services Of Privately-Owned And City-Owned Vacant And Developed Lots In An Area Of The City Designated As Area A, With An Annual Projected Budgetary Impact Of $100,000.00. Funds Are Available In General Fund Account Number 001-13-039-5470-00-50- 000, Other Contractual Service — (Casting Of Lots Required) APRIL 26, 2022 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.R. No. 22438 — A Resolution Authorizing One (1) Year Contracts Between The City Of Port Arthur And Nineteen (19) Vendors For Grass Mowing Services Of Privately-Owned And City-Owned Vacant & Develop Lots In Areas Of The City Designated As Areas B-E, With An Annual Projected Budgetary Impact Of $200,000.00. Funds Are Available In General Fund Account Number 001-13-039-5470-00-50- 000 — (Casting Of Lots Required) (3) P.R. No. 22496 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Purchase Agreement With John Crane Group, LLC For The Sale Of Approximately 2.1 Acres Of Land At The Corner Of Jade Avenue And Morris Carter Drive In The Spur 93 Business Park (4) P.R. No. 22497 — A Resolution Approving The Third And Final Renewal Of The Contract With Southeast Texas Building Services For Janitorial Services At 501 Procter Street With A Projected Budgetary Impact Of $20,000.00; PAEDC Building Account No. 120-80-625- 5312-00-00-000 (5) P.R. No. 22498—A Resolution Authorizing Repairs And Replacements To The HVAC System At 501 Procter Street (Port Arthur Economic Development Corporation) In An Amount Not To Exceed $49,888.00 To Industrial And Commercial Mechanical. Funds Available In EDC Account Number 120-80-625-5312-00-00-000 (6) P.R. No. 22499 — A Resolution Authorizing The Purchase Of Exterior Signage For The Lamar State College Culinary Arts Entrance Of The Press Building From Sign International In The Amount Of $5,745.00. Funds Available In EDC Account Number 120-80-625-5494-00-00- 000 (7) P.R. No. 22500 —A Resolution Scheduling Public Hearings To Review And Amend The City Of Port Arthur's Existing Juvenile Curfew Ordinance (8) P.R. No. 22524 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Mayor Pro Tern Frank) 8 IAGENDA APRIL 26, 2022 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED B. Ordinances — Non-Consent (1) P.O. No. 7033 — An Ordinance Authorizing The Sale Of City Owned Vacant Tracts Of Land Referenced As Tracts 1, 2, 4, 5, 7, & 8 In The Port Of Port Arthur Navigation District's Offer Letter And The Execution Of A Special Warranty Deed (2) P.O. No. 7050 — An Ordinance Authorizing The Sale Of A City Owned Vacant Tract Of Land Legally Described As Lot Number Seven (7) In Block Number Six (6) Of Shortline Terrace Addition To The City Of Port Arthur, Located On Shirley Street And The Execution Of A Special Warranty Deed (3) P.O. No. 7051 — An Ordinance Of The City Council Of The City Of Port Arthur Disannexing 39.73 Acre Tract Of Land Located Near West Port Arthur Road And Brai Drive In The Corporate Boundaries Of The City Of Port Arthur, Jefferson County, Texas; Providing For The Following: Findings Of Fact, Effective Date, Filing, Severability, And Property Notice & Meeting (4) P.O. No. 7054—An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code 9 AGENDA APRIL 26, 2022 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 — 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 Downtown Area (3) Section 551.074 Government Code — To Discuss The Duties, Responsibilities And Evaluations Of The City Attorney, City Manager and City Secretary (4) Section 551.087 Government Code—To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospect (Port City Partners) (5) 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 10 AGENDA APRIL 26, 2022 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 April 27, 2022. 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 *************************************************** > > 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.