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HomeMy WebLinkAboutMAY 24, 2022 REGULAR MEETING AGENDA 9:30 A.M. THURMAN BILL BARTIE,MAYOR 6nergv RON BURTON INGRID HOLMES,MAYOR PRO TEM City of � Cay CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC CAL J.JONES — CITY SECRETARY THOMAS J.KINLAW III ["t r t it 1[Y KENNETH MARKS YAL TIZENO CHARLOTTE MOSES c_au� CITY ATTORNEY DONALD FRANK,SR. AG E N DA City Council Regular Meeting May 24, 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, May 24, 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: 896 4649 4181 And Passcode: 850819 (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 May 24, 2022 9:30 AM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie Mayor Pro Tern Holmes Councilmember Jones Councilmember Kinlaw, III Councilmember Marks Councilmember Moses Councilmember Frank 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 James Gilleylen Regarding The HOME-ARP Grant Process (2) A Presentation By Anne Burger Entrekin, Regional Managing Director Of Hilltop Securities And Attorney Derrick Mitchell Of Holland & Knight, LP Regarding Certificates of Obligation 1 AGENDA MAY 24, 2022 III. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations (3) A Presentation By City Attorney, Val Tizeno And Attorney Gunnar Seaquist Of Bickerstaff Heath Delgado Acosta, LLP Regarding The 2020 Census Redistricting Process And A Review Of The Redistricting Map Draft Plan To Allow The City Council To Make Revisions And Amendments, If Deemed Necessary C. Employee Recognition — None D. Correspondence — None E. Discussion (1) A Discussion Regarding Traffic Concerns/Control At Terminal Road and W. 15th Street (Requested By Councilmember Marks) IV. PUBLIC HEARINGS — 10:00 A.M. (1) The First Of Two Public Hearings To Receive Input And Public Comment As To The Effect Of The Juvenile Curfew Ordinance On The City And Any Problems The Ordinance Was Intended To Remedy; And The Need, If Any, To Continue, Modify, Or Amend The Juvenile Curfew Ordinance The Second Public Hearing Will Be Held On Tuesday, June 7, 2022 At 6:00 P.M. 7 AGENDA MAY 24, 2022 IV. PUBLIC HEARINGS — 10:00 A.M. — CONTINUED (2) A Public Hearing For The Purpose Of Receiving Public Comments Regarding Z22-03 — 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. Purpose Of The Request Is To Allow For The Operation Of An Ice Cream Shop/Food Truck In Planned Development District — 14 (PD- 14) 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.portarthurtx.gov 3 AGENDA MAY 24, 2022 IV. PUBLIC HEARINGS — 10:00 A.M. — CONTINUED (3) A Public Hearing For The Purpose Of Receiving Public Comments Regarding Z22-04 — Zoning Change Requested 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. The Purpose Of The Request Is To Change The Zoning From Multiple Family (MF) To Neighborhood Service (NS) For The Development Of Commercial Business (i.e., Convenience Store, Small Offices, Laundry Mats, Eateries, etc.) 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.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; 4 AGENDA MAY 24, 2022 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 — NONE 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. 5 AGENDA MAY 24, 2022 VII. CONSENT AGENDA — CONTINUED A. Travel Request/Expense Reports — None B. Minutes — None C. Resolutions (1) P.R. No. 22533 — A Resolution Authorizing Rental Of A Compactor For The Landfill From C & C Manufacturing, LLC Of Ottumwa, Iowa, For The Not-To-Exceed Amount Of $40,500.00. Funding Is Available In The Solid Waste — Landfill's Equipment Rental Account, Account Number 403-50-320-5402-00-000 (2) P.R. No. 22543 — A Resolution Approving Amendment No. 1 To The Economic Development Conditional Grant Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Mike's Enterprises, Inc. (3) P.R. No. 22544 — A Resolution Approving A Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And Aattaboy Termite & Pest Control, Inc., For Services At 549 4th Street (The Press Building). Funds Available In EDC Account No. 120- 80-625-5312-00-00-000 (4) P.R. No. 22545 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Execute An Agreement With Team Solutions, Inc. For The Replacement Of The Building Automation Server At 501 Procter For An Amount Not To Exceed $5,650.00; Street; Funds Available In EDC Account No.: 120- 80-625-5312-00-00-000 (5) P.R. No. 22547 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Purchase Seven (7) Additional Quads From Datavox In The Amount Of $4,563.66. Funds Available In Account 120-80-625-8522-00-00-000 (6) P.R. No. 22548 — A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts Due To Leaks And/Or Equipment Malfunction 6 AGENDA MAY 24, 2022 VII. CONSENT AGENDA — CONTINUED (7) P.R. No. 22553 — A Resolution Ratifying The City Manager's Decision To Approve Additional Repairs Of Monitoring Well And Gas Probes At The Landfill By SCS Engineers Of Houston, Texas, With The Budgetary Impact Of $34,600.00. The Additional Funding Is Available In The Solid Waste — Landfill's Other Contractual Service Account, Account Number 403-50-320-5470-00-00-000 (8) P.R. No. 22554 — A Resolution Approving Settlement Of Wind Damage Claims In The Amount Of$217,050.21 Made Against Certain Underwriters At Lloyd's Of London Insurance Company (Through Agent USI Southwest Inc., El Paso) Due To Hurricane Laura (August 27, 2020) To Various City Properties (9) P.R. No. 22556 — A Resolution Authorizing The City Manager To Accept The Jefferson County Tourism Grant In The Amount Of $19,988.00 For Improvements To The Beach/Park On The Waterway For A Bird Viewing Area On Pleasure Island (10) P.R. No. 22559 — A Resolution Calling For A Public Hearing To Consider Granting A Zoning Change For Approximately 3.578-Acres Of Land Consisting Of Tract II, Reserve "B", Fairway Estates (North Of Jimmy Johnson And East Of Golfhill Drive), Port Arthur, Jefferson County, Texas, For The Residential Development Of Patio Homes. Z22-02 (D&T Interest, LLC) (11) P.R. No. 22560 — A Resolution Calling For A Public Hearing To Consider Granting A Specific Use Permit For Approximately 0.7602- Acre Of Land Consisting Of Lots 7-12, Block 345, City Of Port Arthur Addition (2301 Gulfway Drive), Port Arthur, Jefferson County, Texas, For The Operation Of A Package Store. Z22-05 (Zanamar Properties, LLC) (12) P.R. No. 22561 — A Resolution Calling For A Public Hearing To Consider A Proposed Abandonment For Approximately A 0.067-Acre (20' X 146') Portion Of A Dedicated Alley Right-Of-Way, Block 474 (Between Austin Avenue And Waco Avenue), Port Arthur, Jefferson County, Texas, For The Residential Development Of Single-Family Home. A22-01 (Clarence Wise) AGENDA MAY 24, 2022 VII. CONSENT AGENDA — CONTINUED (13) P.R. No. 22562 — A Resolution Authorizing The City Manager To Enter Into A Contract With PGAL, Inc. Of Houston, Texas For The Development Of A Facilities Master Plan For The Proposed City Of Port Arthur Animal Shelter, Recreation Area, And Other City Facilities Located At 3600 Gates Boulevard [A.K.A. Former St. Mary Hospital Site], Port Arthur, Jefferson County, Texas, In The Not To Exceed Amount Of $41,500.00; Funding Available In Capital Building Account 307-21-049-8512-00-10-000; Project B00008-DES (14) P.R. No. 22563 —A Resolution Authorizing The City Manager To Enter Into A Contract For The Purchase Of Sodium Chlorite For Six Months For The Water Utilities Department With Evoqua Water Technologies Of Sarasota, Florida, With An Annual Projected Budgetary Impact Of $483,600.00. Funding Is Available In Account No. 410-40-210-5217- 00-00-000, Treatment Chemicals (15) P.R. No. 22567 — A Resolution Authorizing The City Manager To Execute A Contract With Cross Plus Construction Of Waco, Texas For The Demolition Of Port Arthur Transit's Decommissioned Maintenance Building's Foundation Located At 320 Dallas Avenue In Port Arthur, Texas In The Amount Not To Exceed $116,200.00. Funding Is Available In Account 401-70-530-8525-00-60-000, Project TR11430. CAP-OCO (16) P.R. No. 22568 —A Resolution Authorizing The City Manager To Issue A Payment To The YMCA Of Southeast Texas (Port Arthur Branch) In The Total Amount Of $80,000.00 For The Annual Operation Of The West Side Development Center. Funding Is Available From The American Rescue Plan Account (ARPA) No. 169-07-015-5470-00-40- 000 (17) P.R. No. 22569 —A Resolution Authorizing The City Manager Through The Pleasure Island Department To Accept A Donation From The S.A.L.T. Club In The Form Of Flowers For The Beautification Of Pleasure Island (18) P.R. No. 22574 — A Resolution Rescinding Resolution 22-055 In Its Entirety For Litter Fences For The City Landfill From Coastal Netting Systems Of Bakersfield, California In The Amount Of $106,000.00 8 AGENDA MAY 24, 2022 VII. CONSENT AGENDA — CONTINUED (19) P.R. No. 22575 — A Resolution Designating And Establishing The 2022 Juneteenth Alumni Softball Tournament, Designating The Port Arthur Alumni Softball Group As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement Thereof (20) P.R. No. 22576 — A Resolution Authorizing The City Manager To Execute Change Order Nos. 2 And 3 To The Contract Between The City Of Port Arthur And SETEX Facilities And Maintenance LLC Of Beaumont, Texas For The Construction At 5200 7th Street (Formerly Lakeview Pool), Increasing The Contract Amount By $75,757.55 To A New Contract Amount Of $962,261.41; Funding Available In Account Number 307-25-067-8525-00-10-000 Project Number PR0003 (21) P.R. No. 22578—A Resolution Authorizing The City Manager To Enter Into A Contract With Braeko, Inc. Of Port Neches, Texas For The Purchase Of Litter Fences For The City's Landfill In The Amount Of $80,400.00; Funding Is Available In The Landfill Equipment Account Number 403-50-320-8522-00-00-000 (22) P.R. No. 22584 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Execute An Agreement With Industrial Commercial Mechanical Of Beaumont, Texas For The Air Balancing And HVAC System Repairs At 501 Procter Street In An Amount Not To Exceed $18,488.00 Funds Available In EDC Account Number 120-80-625-5312-00-00-000 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22546 — A Resolution Amending A Professional Agreement With Davidson Troilo Ream Garza, A Professional & Corporation To Serve As Interim Legal Counsel For The Port Arthur Section 4A Economic Development Corporation In The Amount Not To Exceed $60,000.00; Funds Available In PAEDC Account No. 120-80-625- 5420-00-00-000 9 AGENDA MAY 24, 2022 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.R. No. 22558 — A Resolution Appointing And/Or Reappointing Member(s) To The Historical Landmark Commission (Requested By Mayor Pro Tem Holmes) (3) P.R. No. 22566 —A Resolution Appointing A Member To The Planning And Zoning Commission Of The City Of Port Arthur For An Unexpired Term Ending On October 30, 2023 (4) P.R. No. 22581 — A Resolution Of The City Council Of The City Of Port Arthur, Texas, Authorizing The Publication Of The Notice Of Intention To Issue City Of Port Arthur, Texas Combination Tax And Revenue Certificates Of Obligation In A Principal Amount Not To Exceed $10,000,000 For The Construction Of Public Works And Any Items Related Thereto And For The Payment Of Contractual Obligations For Professional Services; Authorizing The Distribution Of A Preliminary Official Statement Relating To Such Certificates; And Containing Other Provisions Relating Thereto B. Ordinances — Non-Consent (1) P.O. No. 7063 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Granting Specific Use Permit #240 To Allow The Land Use Of "Bakery And Confectionary Shop" On 0.3003- Acre Of Land Consisting Of Tract 3-A, Block 1, Alamo Heights Addition (3937 9th Avenue), Port Arthur, Jefferson County, Texas (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Section 1-13 Of The Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur Effective Immediately After Publication Date. Z22-03 — Harold & Betty Garcia / 10 AGENDA MAY 24, 2022 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.O. No. 7064 — An Ordinance Amending The Zoning Ordinance Of c The City Of Port Arthur By Changing The Zoning On 1.523-Acre Of Land Out Of Tract 1, Lot 12, Block 1, Foster Village (North Of Main Avenue And West Of 13th Street), Port Arthur, Jefferson County, Texas (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Section 1-13 Of The Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur Effective Immediately After Publication Date. Z22-04 — Thomas & Evelyn Kemper (3) P.O. No. 7066 — An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code 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 Claims, Litigation And Other Legal Matters Involving The City Of Port Arthur 11 AGENDA MAY 24, 2022 IX. *CLOSED MEETING (EXECUTIVE SESSION) — CONTINUED (2) 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 (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 *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 May 25, 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 *************************************************** 12 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.