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HomeMy WebLinkAbout(6) 05/24/2022 REGULAR MEETING REGULAR MEETING — May 24, 2022 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Marks 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, May 24, 2022 at 9:43 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Thurman Bill Bartie; Mayor Pro Tern Ingrid Holmes; Councilmembers Thomas Kinlaw, III, Kenneth Marks, Charlotte Moses and Donald Frank, Sr.; City Manager Ron Burton; City Secretary Sherri Bellard; City Attorney Valecia R. Tizeno and Sergeant At Arms Police Chief Tim Duriso. Councilmember Cal Jones joined the Regular Meeting during Executive Session. II. PROCLAMATIONS Proclamations The Mayor issued the following Proclamation: May 24, 2022 as "Keandre Jones Day" IV. PUBLIC HEARING(S) - 10:00 AM (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. The Mayor introduced the above-mentioned Public Hearing at 10:10 a.m. Deputy Police Chief Jeremy Houston 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 Frank, seconded by Councilmember Moses and carried unanimously, the City Council closed the Public Hearing at 10:15 a.m. (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 The Mayor introduced the above-mentioned Public Hearing at 10:16 a.m. Assistant City Manager 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 Marks, seconded by Councilmember Kinlaw and carried unanimously, the City Council closed the Public Hearing at 10:24 a.m. (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 The Mayor introduced the above-mentioned Public Hearing at 10:25 a.m. Assistant City Manager 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. City Council Minutes Regular Meeting — May 24, 2022 2 Charles Shrader, 1401 Main, Groves, Texas appeared before the City Council in opposition of above-mentioned zoning change. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried unanimously, the City Council closed the Public Hearing at 10:35 a.m. III. PETITIONS & COMMUNICATIONS A. Speakers — None B. Presentations (1) A Presentation By James Gilleylen Regarding The HOME- ARP Grant Process James Gilleylen could not be present. (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 Hilltop Securities Regional Managing Director Anne Burger Entrekin gave the above- mentioned presentation. VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Mayor Pro Tem Holmes, seconded by Councilmember Marks and carried, Proposed Resolution No. 22581 was adopted becoming Resolution No. 22-217. Voting Yes: Mayor Bartle; Mayor Pro Tem Holmes; Councilmembers Kinlaw, Marks, Moses and Frank. Voting No: None. The caption of Resolution No. 22-217 reads as follows: RESOLUTION NO. 22-217 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 City Council Minutes Regular Meeting — May 24, 2022 3 $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 III. PETITIONS & COMMUNICATIONS Mayor Pro Tern Holmes chaired the meeting. (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 Attorney Gunnar Seaquist gave the above-mentioned presentation. C. Employee Recognition D. Correspondence Mayor Bartle resumed chairing the meeting. E. Discussion (1) A Discussion Regarding Traffic Concerns/Control At Terminal Road and W. 15th Street (Requested By Councilmember Marks) Assistant City Manager Pamela Landford appeared before the City Council to discuss the above-mentioned traffic concerns. V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) Councilmember Frank extended condolences to the Gabriel family for their loss. VI. UNFINISHED BUSINESS — None VII. CONSENT AGENDA Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried, the following Consent Agenda items were adopted with the exception of Proposed Resolutions No. 22562, 22574 and 22576: Voting Yes: Mayor Bartie; Mayor Pro Tern Holmes; Councilmembers Kinlaw, Marks, Moses and Frank. Voting No: None. A. Travel Request — None City Council Minutes Regular Meeting — May 24, 2022 4 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 Proposed Resolution No. 22533 was adopted becoming Resolution No. 22-218. (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. Proposed Resolution No. 22543 was adopted becoming Resolution No. 22-219. (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 Proposed Resolution No. 22544 was adopted becoming Resolution No. 22-220. (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 Proposed Resolution No. 22545 was adopted becoming Resolution No. 22-221. (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 Proposed Resolution No. 22547 was adopted becoming Resolution No. 22-222. (6) P.R. No. 22548 — A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts Due To Leaks And/Or Equipment Malfunction Proposed Resolution No. 22548 was adopted becoming Resolution No. 22-223. (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 — City Council Minutes Regular Meeting — May 24, 2022 5 Landfill's Other Contractual Service Account, Account Number 403-50-320-5470-00-00-000 Proposed Resolution No. 22553 was adopted becoming Resolution No. 22-224. (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 Proposed Resolution No. 22554 was adopted becoming Resolution No. 22-225. (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 Proposed Resolution No. 22556 was adopted becoming Resolution No. 22-226. (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) Proposed Resolution No. 22559 was adopted becoming Resolution No. 22-227. (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) Proposed Resolution No. 22560 was adopted becoming Resolution No. 22-228. (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) Proposed Resolution No. 22561 was adopted becoming Resolution No. 22-229. (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 City Council Minutes Regular Meeting — May 24, 2022 6 Proposed Resolution No. 22563 was adopted becoming Resolution No. 22-230. (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 Proposed Resolution No. 22567 was adopted becoming Resolution No. 22-231. (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 Proposed Resolution No. 22568 was adopted becoming Resolution No. 22-232. (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 Proposed Resolution No. 22569 was adopted becoming Resolution No. 22-233. (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 Proposed Resolution No. 22575 was adopted becoming Resolution No. 22-234. (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 Proposed Resolution No. 22578 was adopted becoming Resolution No. 22-235. (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 Proposed Resolution No. 22584 was adopted becoming Resolution No. 22-236. VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT City Council Minutes Regular Meeting — May 24, 2022 7 Consent — Resolutions (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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Kinlaw and seconded by Councilmember Marks that Proposed Resolution No. 22562 be adopted. Assistant City Manager Pamlea Langford appeared before the City Council to answer inquiries regarding the above-mentioned topic. Voting Yes: Mayor Bartle; Mayor Pro Tern Holmes; Councilmembers Kinlaw, Marks, Moses and Frank. Voting No: None. Proposed Resolution No. 22562 was adopted becoming Resolution No. 22-237. The caption of Resolution No. 22-237 reads as follows: RESOLUTION NO. 22-237 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 (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Mayor Pro Tern Holmes and carried, Proposed Resolution No. 22574 was adopted becoming Resolution No. 22-238. Voting Yes: Mayor Bartie; Mayor Pro Tern Holmes; Councilmembers Kinlaw, Marks, Moses and Frank. City Council Minutes Regular Meeting — May 24, 2022 8 Voting No: None. The caption of Resolution No. 22-238 reads as follows: RESOLUTION NO. 22-238 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 (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried, Proposed Resolution No. 22576 was adopted becoming Resolution No. 22-239. Voting Yes: Mayor Bartle; Mayor Pro Tern Holmes; Councilmembers Kinlaw, Marks, Moses and Frank. Voting No: None. The caption of Resolution No. 22-239 reads as follows: RESOLUTION NO. 22-239 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 A. Resolutions (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 City Council Minutes Regular Meeting — May 24, 2022 9 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Frank and seconded by Councilmember Kinlaw that Proposed Resolution No. 22546 be adopted. EDC Interim CEO Krystal Villerreal-Muller appeared before the City Council to answer inquiries regarding the above-mentioned topic. Voting Yes: Mayor Bartie; Mayor Pro Tern Holmes; Councilmembers Kinlaw, Marks, Moses and Frank. Voting No: None. Proposed Resolution No. 22546 was adopted becoming Resolution No. 22-240. The caption of Resolution No. 22-240 reads as follows: RESOLUTION NO. 22-240 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 (2) P.R. No. 22558 — A Resolution Appointing And/Or Reappointing Member(s) To The Historical Landmark Commission (Requested By Mayor Pro Tem Holmes) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tern Holmes and seconded by Councilmember Kinlaw that Proposed Resolution No. 22558 be adopted. Mayor Pro Tern Holmes nominated Dr. Sam Monroe for appointment to the Historical Landmark Commission. Voting Yes: Mayor Bartle; Mayor Pro Tern Holmes; Councilmembers Kinlaw, Marks, Moses and Frank. Voting No: None. Proposed Resolution No. 22558 was adopted, with the above-mentioned name included, becoming Resolution No. 22-241. The caption of Resolution No. 22-241 reads as follows: RESOLUTION NO. 22-241 A RESOLUTION APPOINTING AND/OR REAPPOINTING MEMBER(S) TO THE HISTORICAL LANDMARK COMMISSION (REQUESTED BY MAYOR PRO TEM HOLMES) City Council Minutes Regular Meeting — May 24, 2022 10 (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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Councilmember Frank that Proposed Resolution No. 22566 be adopted. Dr. Rosaland Queen was nominated for appointment to the Planning and Zoning Commission. Voting Yes: Mayor Bartle; Mayor Pro Tem Holmes; Councilmembers Kinlaw, Marks, Moses and Frank. Voting No: None. Proposed Resolution No. 22566 was adopted, with the above-mentioned name included, becoming Resolution No. 22-242. The caption of Resolution No. 22-242 reads as follows: RESOLUTION NO. 22-242 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 A. Ordinances (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 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Marks, seconded by Councilmember Kinlaw and carried, Proposed Ordinance No. 7063 was adopted becoming Ordinance No. 22-38. Voting Yes: Mayor Bartle; Mayor Pro Tern Holmes; Councilmembers Kinlaw, Marks, Moses and Frank. Voting No: None. The caption of Ordinance No. 22-38 reads as follows: ORDINANCE NO. 22-38 City Council Minutes Regular Meeting — May 24, 2022 11 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 (2) P.O. No. 7064 — An Ordinance Amending The Zoning Ordinance Of 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 The Mayor introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Moses and seconded by Councilmember Frank that Proposed Ordinance No. 7064 be adopted. Assistant City Manager Pamela Langford appeared before the City Council to answer inquiries regarding the above-mentioned topic. Voting Yes: Mayor Bartle; Mayor Pro Tem Holmes; Councilmembers Kinlaw, Marks, Moses and Frank. Voting No: None. Proposed Ordinance No. 7064 was adopted becoming Ordinance No. 22-39. The caption of Ordinance No. 22-39 reads as follows: ORDINANCE NO. 22-39 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF 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, City Council Minutes Regular Meeting — May 24, 2022 12 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 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Mayor Pro Tem Holmes, seconded by Councilmember Kinlaw and carried, Proposed Ordinance No. 7066 was adopted becoming Ordinance No. 22-40. Voting Yes: Mayor Bartie; Mayor Pro Tem Holmes; Councilmembers Kinlaw, Marks, Moses and Frank. Voting No: None. The caption of Ordinance No. 22-40 reads as follows: ORDINANCE NO. 22-40 AN ORDINANCE EXTENDING THE DECLARATION OF DISASTER PURSUANT TO §418.108(B) OF THE TEXAS GOVERNMENT CODE 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 Claims, 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 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 City Council recessed their meeting at 11:58 a.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 Bartie; Mayor Pro Tern Holmes; Councilmembers City Council Minutes Regular Meeting — May 24, 2022 13 Jones, Kinlaw, Marks, Moses and Frank; City Manager Burton; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Duriso. X. ADJOURNMENT OF MEETING Upon the motion by Councilmember Frank, seconded by Mayor Pro Tem Moses 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. MAYOR THURMAN "BILL" BARTIE ATTEST: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD May 24, 2022. APPROVED: . City Council Minutes Regular Meeting — May 24, 2022 14