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HomeMy WebLinkAbout(2) 07/05/2022 REGULAR MEETING REGULAR MEETING — July 5, 2022 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Moses 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, July 5, 2022 at 5:53 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Thurman Bill Bartle; Mayor Pro Tem Ingrid Holmes; Councilmembers Cal Jones, 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. II. PROCLAMATIONS Proclamations The Mayor issued the following Proclamation(s): July 5, 2022 as "Frank Anthony LeBlanc" III. PETITIONS & COMMUNICATIONS A. Speakers (1) Hardner Williams Of United Citizens Of Port Arthur Regarding Changing The Present Plurality System Hardner Williams, 3100 36th Street, appeared before the City Council to discuss the above-mentioned topic. (2) Ivan Mitchell Regarding Unleashed Dogs: Proactive vs Reactive Part Two Ivan Mitchell, 1550 Lakeshore Drive, appeared before the City Council to discuss the above-mentioned topic. B. Presentations (1) A Presentation By Staff Regarding The Sabine Pass Boat Ramp City Engineer John Canatella gave the above-mentioned presentation. C. Employee Recognition (1) Recognition Of Retirees From the Port Arthur Police Department The above-mentioned item was removed from the agenda. D. Correspondence E. Discussion IV. PUBLIC HEARING(S) — None V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) Mayor Bartie: (1)The success of the July 4th Celebration (2)The Mayor stated that he wore orange in awareness of gun control. 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 The Mayor introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Marks and seconded by Councilmember Jones that Proposed Ordinance No. 7072 be adopted. Mr. Gilbert appeared before the City Council regarding the above-mentioned topic. Harold Doucet appeared before the City Council regarding the above-mentioned topic. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 7072: Mayor Pro Tern Holmes "Yes" Councilmember Jones "Yes" Councilmember Kinlaw "Yes" Councilmember Marks "No" Councilmember Moses "Yes" Councilmember Frank "Yes" Mayor Bartie "Yes" Proposed Ordinance No. 7072 was adopted becoming Ordinance No. 22-46. The caption of Ordinance No. 22-46 reads as follows: ORDINANCE NO. 22-46 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 City Council Minutes Regular Meeting —July 5, 2022 2 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 Upon the motion of Councilmember Moses, seconded by Councilmember Frank and carried, the following Consent Agenda items were adopted with the exception of Item A., (A1): Voting Yes: Mayor Bartle; Mayor Pro Tem Holmes; Councilmembers Jones, Kinlaw, Marks, Moses and Frank. Voting No: None. VII. CONSENT AGENDA 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 Proposed Resolution No. 22289 was adopted becoming Resolution No. 22-291. (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 Proposed Resolution No. 22580 was adopted becoming Resolution No. 22-292. City Council Minutes Regular Meeting —July 5, 2022 3 (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 Proposed Resolution No. 22603 was adopted becoming Resolution No. 22-293. (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 Proposed Resolution No. 22612 was adopted becoming Resolution No. 22-294. (5) P.R. No. 22614 — A Resolution Authorizing The Repairs To Rebuild 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 Proposed Resolution No. 22614 was adopted becoming Resolution No. 22-295. (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 Proposed Resolution No. 22639 was adopted becoming Resolution No. 22-296. (7) P.R. No. 22642 — A Resolution Authorizing The City Manager To Accept Close Out Documents Submitted By AlIco, 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 Proposed Resolution No. 22642 was adopted becoming Resolution No. 22-297. (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- City Council Minutes Regular Meeting —July 5, 2022 4 Ways With A Projected Budgetary Impact Of $96,579.00. Funding Available In Parks Account No. 001-25-065- 5311-00-20-000 Proposed Resolution No. 22644 was adopted becoming Resolution No. 22-298. (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 Proposed Resolution No. 22651 was adopted becoming Resolution No. 22-299. (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 Proposed Resolution No. 22653 was adopted becoming Resolution No. 22-300. (11) P.R. No. 22655 — A Resolution Authorizing The Adoption Of The Hurricane Harvey DR-4332 Local Acquisition Program Guidelines Proposed Resolution No. 22655 was adopted becoming Resolution No. 22-301. VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT Consent — Action Item 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 Bartie: National Black Caucus Of Local Elected Officials Nashville, TN July 20 — 23, 2022 $2,100.61 Request For Reimbursement Of Pre-paid Expenses By Mayor Bartie The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Marks and seconded by Councilmember Jones that Action Item A., (Al) be adopted. Harold Doucet, 5180 Cambridge Avenue, appeared before the City Council to answer inquiries regarding the above-mentioned topic. City Council Minutes Regular Meeting — July 5, 2022 5 The following roll call vote was taken on the motion to adopt Action Item A., (Al): Mayor Pro Tern Holmes "No" Councilmember Jones "No" Councilmember Kinlaw "No" Councilmember Marks Abstained Councilmember Moses "No" Councilmember Frank "No" Mayor Bartle "No" The motion to adopt Action Item A., (Al) failed. Mayor Bartle left the meeting. Mayor Pro Tem Holmes chaired the remainder of the meeting. A. Resolutions (1) P.R. No. 22656 — A Resolution Appointing A Member Or Members To The Pleasure Island Advisory Commission (Requested By Mayor Bartie) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Councilmember Kinlaw that Proposed Resolution No. 22656 be adopted. Mayor Bartie nominated Paul Richard for appointment to the Pleasure Island Advisory Commission. Voting Yes: Mayor Pro Tern Holmes; Councilmembers Jones, Kinlaw, Marks, Moses and Frank. Voting No: None. Proposed Resolution No. 22656 was adopted, with the above-mentioned name included, becoming Resolution No. 22-302. The caption of Resolution No. 22-302 reads as follows: RESOLUTION NO. 22-302 A RESOLUTION APPOINTING A MEMBER OR MEMBERS TO THE PLEASURE ISLAND ADVISORY COMMISSION (REQUESTED BY MAYOR BARTIE) A. Ordinances (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 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Moses, seconded by Councilmember Kinlaw and carried, Proposed Ordinance No. 7077 was adopted becoming Ordinance No. 22-47. City Council Minutes Regular Meeting —July 5, 2022 6 Voting Yes: Mayor Pro Tern Holmes; Councilmembers Jones, Kinlaw, Marks, Moses and Frank. Voting No: None. The caption of Ordinance No. 22-47 reads as follows: ORDINANCE NO. 22-47 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 (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 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Frank, seconded by Councilmember Moses and carried, Proposed Ordinance No. 7078 was adopted becoming Ordinance No. 22-48. Voting Yes: Mayor Pro Tern Holmes; Councilmembers Jones, Kinlaw, Marks, Moses and Frank. Voting No: None. The caption of Ordinance No. 22-48 reads as follows: ORDINANCE NO. 22-48 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, City Council Minutes Regular Meeting —July 5, 2022 7 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 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Frank, seconded by Councilmember Kinlaw and carried, Proposed Ordinance No. 7080 was adopted becoming Ordinance No. 22-49. Voting Yes: Mayor Pro Tern Holmes; Councilmembers Jones, Kinlaw, Marks, Moses and Frank. Voting No: None. The caption of Ordinance No. 22-49 reads as follows: ORDINANCE NO. 22-49 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 City Council Minutes Regular Meeting —July 5, 2022 8 (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) The Mayor introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Moses and seconded by Councilmember Jones that Proposed Ordinance No. 7081 be adopted. Applicant Rajee Amaud appeared before the City Council to answer inquiries regarding the above-mentioned topic. JoAnn Wycoff appeared before the City Council regarding the above-mentioned topic. Voting Yes: Mayor Pro Tern Holmes; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: Councilmember Marks. Proposed Ordinance No. 7081 was adopted becoming Ordinance No. 22-50. The caption of Ordinance No. 22-50 reads as follows: ORDINANCE NO. 22-50 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, City Council Minutes Regular Meeting —July 5, 2022 9 COUNCILMEMBER MOSES AND COUNCILMEMBER KINLAW) IX. ADJOURNMENT OF MEETING Upon the motion by Councilmember Moses, seconded by Councilmember Kinlaw and carried unanimously, the City Council adjourned their meeting at 7:39 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 July 5, 2022. APPROVED: . City Council Minutes Regular Meeting —July 5, 2022 10