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HomeMy WebLinkAboutJULY 5, 2022 REGULAR MEETING 5:30 PM THURMAN BILL BARTIE,MANORBti, � RON BCRTON INGRID HOLMES,MAYOR PRO TEM City of city CITY MANAGER COUNCIL MEMBERS: � SHERRI BELLARD,TRMC CAL J.JONES CITY SECRETARY THOMAS J.KINLAW III u r l r t It c[ r KENNETH MARKS VAL TREND CHARLOTTE MOSES � `� CITY ATTORNEY DONALD FRANK,SR. AG E N DA City Council Regular Meeting July 5, 2022 5:30 P. M . The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled At 5:30 P.M. CST On Tuesday, July 5, 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: 867 7914 2616 And Passcode: 699429 (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. Website: http://www.portarthurtx.gov City Council Meeting City Hall Council Chamber City Of Port Arthur July 5, 2022 5:30 PM 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, Sr. City Manager Burton City Secretary Bellard, TRMC City Attorney Tizeno Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Hardner Williams Of United Citizens Of Port Arthur Regarding Changing The Present Plurality System (2) Ivan Mitchell Regarding Unleashed Dogs: Proactive vs Reactive Part J Two B. Presentations (1) A Presentation By Staff Regarding The Sabine Pass Boat Ramp C. Employee Recognition (1) Recognition Of Retirees From the Port Arthur Police Department i AGENDA JULY 5, 2022 III. PETITIONS & COMMUNICATIONS — CONTINUED D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — NONE V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) Pursuant To 551.0415 Of The Texas Government Code, The Mayor And Council May Make Announcements Regarding Items Of Community Interest, Which Include The Following: (1) Expressions Of Thanks, Congratulations, Or Condolence; (2) Information Regarding Holiday Schedules; (3) An Honorary Or Salutary Recognition Of A Public Official, Public Employee, Or Other Citizen, Except That A Discussion Regarding A Change In The Status Of A Person's Public Office Or Public Employment Is Not An Honorary Or Salutary Recognition For Purposes Of This Subdivision; (4) A Reminder About An Upcoming Event Organized Or Sponsored By The Governing Body; (5) Information Regarding A Social, Ceremonial, Or Community Event Organized Or Sponsored By An Entity Other Than The Governing Body That Was Attended Or Is Scheduled To Be Attended By A Member Of The Governing Body Or An Official Or Employee Of The Political Subdivision; And (6) Announcements Involving An Imminent Threat To The Public Health And Safety Of People In The Political Subdivision That Has Arisen After The Posting Of The Agenda **Possible Action May Not Be Discussed In Conjunction With The Information Provided In The Report AGENDA JULY 5, 2022 { VI. UNFINISHED BUSINESS (1) P.O. No. 7072 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Creating Planned Development District — 42 (PD-42) On Approximately 3.578 (Called 3.5625) Acres Of Land Being Of Tract II, Reserve "B", Fairway Estates, (North Of Jimmy Johnson Boulevard And East Of U.S. Highway 69), 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. Z22-02 — Golf Hills Villas / D&T Interests, LLC 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 Request For Pre-Approval Of Travel Pursuant To 78-269 (b) (8) Of The Code Of Ordinances Of The City Of Port Arthur (Ordinance No. 18-63) (Al) Mayor Thurman Bartle: National Black Caucas Of Local Elected Officials Nashville, TN July 20 — 23, 2022 $2,100.61 Request For Reimbursement Of Pre-paid Expenses By Mayor Bartle AGENDA JULY 5, 2022 VII. CONSENT AGENDA — CONTINUED B. Minutes June 7, 2022 Special Executive Meeting June 7, 2022 Regular Meeting June 21, 2022 Regular Meeting June 22, 2022 Special Meeting C. Resolutions (1) P.R. No. 22289 — A Resolution Authorizing The Purchase Of Nine Zebra Electronic Ticket Writers And Seven Zebra Printers With Accessories From Tyler Technologies Through Sourcewell Cooperative Purchasing Contract #090320-TTI For A Total Amount Of $28,730.00; Funds Are Available Through The 2021 Edward Byrne Memorial Justice Assistance Grant (JAG) Funds, Account No. 107-17-045-5420-00-30-000, Project No. PS2021.GRE.MIN (2) P.R. No. 22580 — A Resolution Approving The Contract Between Texas Department Of State Health Services And The City Of Port Arthur For A Healthy Texas Mothers & Babies Community Coalition Grant For The Total Not To Exceed $75,000.00 Through August 31, 2023, No Match Required (3) P.R. No. 22603 — A Resolution Authorizing The City Manager To Negotiate A Contract With Burditt Consultants, LLC. Of Conroe, Texas For The Development Of A Master Plan For The Adams Park Sports Complex (4) P.R. No. 22612 — A Resolution Authorizing The City Manager To Execute An Agreement With Traylor And Associates, Inc. For The Administration Of The Department Of Commerce's Economic Development Administration (EDA) Downtown Communications Infrastructure Grant In An Amount Not To Exceed $200,000.00; Account #307-25-067-8525-00-10-000; Project #DT0003 4 !JULY 5, 2022 AGENDA VII. CONSENT AGENDA — CONTINUED (5) P.R. No. 22614 — A Resolution AuthorizingThe Repairs To Rebuild p The D7R Bulldozer By Louisiana CAT Of Lake Charles, Louisiana Through Sourcewell Contract 032119 In The Budgetary Amount Of $110,409.49; Funding Is Available In The Solid Waste — Landfill's Capital Reserve Fund Account, Account Number 625-50-000-8522- 00-00-000 (6) P.R. No. 22639 — A Resolution Authorizing The City Manager To Execute A One Year Agreement With Siddons-Martin Emergency Group Of Port Arthur And Houston, Texas, For Preventative Maintenance And Repair To Fire Department Fire Apparatus And Other Special Response Vehicles, With A Projected Budgetary Impact Of $410,000.00; Funding Is Available In Fire Department Motor Vehicle Maintenance Account No. 001-19-047-5319-00-30-000 (7) P.R. No. 22642 — A Resolution Authorizing The City Manager To Accept Close Out Documents Submitted By Allco, LLC Of Beaumont, Texas And Approve The Release Of Retainage In The Amount Of $9,495.00 For The Houston Avenue Cave-In Project. Funding Is Available In The ARPA Drainage Maintenance Account Number 169- 07-015-5314-00-40-000, Project No. ARP011-GRE-DRM (8) P.R. No. 22644 — A Resolution Authorizing The City Manager To Enter Into Contracts Between The City Of Port Arthur And Amelia Lawn Care & Landscaping Of Port Arthur, Texas For Group 1, Valencia Lawn Of Port Arthur, Texas For Group 1(A), Israel Construction Of Port Arthur, Texas For Group 2, South East Texas Lawn & Maintenance, LLC Of Beaumont, Texas For Group 3(C), Whit's Grass Cutting Of Port Arthur, Texas For Group 9, And Consider Us Of Port Arthur, Texas For Group 11; Rebidding Group 4 And Rejecting Groups 5, 8 And 12 For Mowing Of Various City Properties, Parks & Right-Of-Ways With A Projected Budgetary Impact Of $96,579.00. Funding Available In Parks Account No. 001-25-065-5311-00-20-000 5 AGENDA JULY 5, 2022 VII. CONSENT AGENDA — CONTINUED (9) P.R. No. 22651 — A Resolution Authorizing The City Manager To Execute Change Order No. 4 To The Contract Between The City Of Port Arthur And BDS Constructors, LLC DBA MK Constructors Of Vidor, Texas For The Remediation And Mitigation Of The Twelve (12) Harvey Lift Stations, Increasing The Contract Amount By $79,417.00 To A New Total Contract Price Of $1,347,665.00 And Extending The Duration Of The Project Time By 100 Days To A New Completion Date Of 490 Days; Account No. 405-40-000-8516-00-00-000, Project No. WS0005-CON (10) P.R. No. 22653 — A Resolution Authorizing The City Manager To Execute A Contract With Global Drilling, Inc. Of Winnie, Texas, For The Pipebursting Of The Sanitary Sewer Mains In Sabine Pass, Texas With A Total Projected Budgetary Amount Of $498,623.90; Funding Available In Account No. 405-40-000-8516-00-00-000, Project No. WS0006-CON (11) P.R. No. 22655 — A Resolution Authorizing The Adoption Of The Hurricane Harvey DR-4332 Local Acquisition Program Guidelines VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22656 — A Resolution Appointing A Member Or Members To The Pleasure Island Advisory Commission (Requested By Mayor Bartie) B. Ordinances — Non-Consent (1) P.O. No. 7077 — An Ordinance Amending Chapter 78, Article II, Division 5, Section 78-191 Of The Code Of Ordinances Of The City Of Port Arthur (Personnel Policy) As It Pertains To The COVID-19 Health And Safety Policy AGENDA JULY 5, 2022 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (2) P.O. No. 7078 — An Ordinance Amending Chapter 86 Solid Waste, Article III Refuse, Section 86-79 Who May Collect And Dispose Of Refuse, As To Amend The Rate Schedule For The Landfill From Tonnage To Volume, Change The Rate For Tree Limbs/Brush, Add A Rate For The Scale And Providing For Publication (3) P.O. No. 7080 — An Ordinance Of The City Council Of The City Of Port Arthur, Texas, Adopting Comprehensive Amendments And Revisions To The City's Comprehensive Zoning Ordinance, Including: Changes To Zoning Regulations And Zoning District Boundaries; Changes Affecting The Height, Number Or Stories And Size Of Buildings And Other Structures; Changes To The Percentage Of A Lot That May Be Occupied; Changes To The Size Of Yards, Courts And Other Open Spaces; Changes To Population Density; Changes To The Location And Use Of Buildings, Other Structures, And Land For Business, Industrial, Residential Or Other Purposes; Changes To The Bulk Of Buildings; Changes To The Construction, Reconstruction, Alteration And Razing Of Buildings And Other Structures, Including In Designated Places And Areas Of Historical, Cultural Or Architectural Importance And Significance; And Amending The City Of Port Arthur's Comprehensive Plan To Conform To The Zoning Amendments And Revisions Adopted By This Ordinance; For Amendments And Changes, Repealing Conflicting Ordinances, And Providing For A Penalty, Savings, Severability, And An Effective Date (4) P.O. No. 7081 — An Ordinance Reconsidering Proposed Ordinance No. 7073 As It Pertains To Amending The Zoning Ordinance Of The City Of Port Arthur By Granting Specific Use Permit #241 To Allow The Land Use Of A "Package Store" On 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 (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 A 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. Z22-05 — Zanamar Properties, LLC. (Requested By Mayor Bartie, Councilmember Moses And Councilmember Kinlaw) AGENDA JULY 5, 2022 IX. 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 July 6, 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 *************************************************** 8 RULES OF DECORUM - PERSONS ADDRESSING COUNCIL &AUDIENCE MEMBERS 1. Recognition by Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. 2. Speaking Procedure; Limitation on discussion and questioning. Each person addressing the Council shall step up to the microphone provided for the use of the public and give his name and address in an audible tone of voice for the records,state that subject he wishes to discuss,state whom he is representing if he represents an organization or other person, and unless further time is granted by majority vote of the Council, shall limit his remarks to five (5) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter into any discussion, whether directly or through a member of the Council,without the permission of the Presiding Officer. 3. Improper References, Disorderly Conduct By Person Addressing The Council; Any person making, expressly or impliedly, personal, impertinent, slanderous, derogatory, discourteous, snide, or profane remarks or who willfully utters loud, threatening or abusive language, or engages, in any disorderly conduct which would impede, disrupt, or disturb the orderly conduct, the order by the Presiding Officer, and if such conduct continues, may, at the discretion of the Presiding Officer, be ordered barred from further audience before the Council during that Meeting. 4. Addresses After Motion Made or Public Hearing Closed. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by majority vote of the City Council. 5. Campaign Speeches Prohibited. No persons will be allowed to address the City Council by making campaign speeches for or against any candidate who has announced or does announce his intention to run, or issue already ordered on a ballot for election. 6. Disorderly Conduct. No person in the audience shall engage in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting. 7. Limitations on Use of Supplemental Lighting. Limitations on use of supplemental lighting for television and motion picture cameras to create the least amount of interference with or disturbance of Council proceedings and/or discomfort to the public. 8. Persons Having Complaints,Allegations, or Charges Against Individual City Employees. No person shall make any complaint, specific allegation, or charge against an individual City Employee by name in a public meeting unless he first shows that he has pursued appropriate administrative channels. ENFORCEMENT OF DECORUM Warning.All persons shall at the request of the Presiding Officer,be silent. Removal.If,after receiving a warning from the Presiding Officer,a person persists in disturbing the meeting,such Officer may order him to remove himself from the meeting. If he does not remove himself,the Presiding Officer may order the Sergeant-at-arms to remove him. Resisting Removal.Any person who resists removal by the Sergeant-at-arms shall be charged with violating V.T.C.A, Penal Code 42.05. Motions To Enforce.Any Councilmember may move to require the Presiding Officer to enforce this division,and the affirmative vote of a majority of the Council shall require him to do so. RULES OF PROCEDURE The City Secretary shall make public, in accordance with the Texas Open Meetings Law, an agenda containing all business to be discussed at a meeting of the City Council. Persons Requesting To Be Heard On Agenda Items(1) Residents. Any resident who wishes to address the Council on any matter may do so by notifying the City Secretary in accordance with the Texas Open Meetings Law. (2) Nonresidents. Any nonresident wishing to address the Council shall notify the City Secretary and specify his interest in the matter being considered.The City Secretary shall present such request to the Presiding Officer for approval before placing the name on the Agenda. Specific Agenda Items. After a motion, second and discussion by the City Council on any specific agenda item, and before a vote is taken,the Presiding Officer shall recognize any citizen in the audience wishing to address the council on such item,who shall be permitted to address the Council thereon for a period of three(3) minutes."Specific Agenda Items"are defined as any item specified on the Notice of Meeting posted for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Council.