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HomeMy WebLinkAboutAUGUST 30, 2022 REGULAR MEETING 5:30 PM THURMAN BILL BARTIE,MAYOR RON BURTON INGRID HOLMES,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC CAL J.JONES CITY SECRETARY THOMAS J.KINLAW III o r t r t h u r KENNETH MARKS VAL TREND CHARLOTTE MOSES Texas CITY ATTORNEY DONALD FRANK,SR. AG EN DA City Council Regular Meeting August 30, 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, August 30, 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: 883 1896 6206 And Passcode: 712342 (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 August 30, 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 — None B. Presentations (1) Emilie Zalfini Regarding The National League Of Cities Service Line Warranty Program (Requested By Mayor Bartie) (2) Dr. Kirk Williams Of Flourney Development Group Regarding Development Of Homes (Requested By Mayor Bartle) (3) UGK Day 10th Anniversary (Requested By Mayor Bartie) (4) A Presentation By City Engineer John Cannatella Regarding Streets C. Employee Recognition — None 1 AGENDA AUGUST 30, 2022 III. PETITIONS & COMMUNICATIONS — CONTINUED D. Correspondence — None E. Discussion — None IV. PUBLIC HEARINGS — 6:00 P.M. (1) A Public Hearing To Discuss And Receive Public Comment Regarding The Naming Of The City Building Housing The Development Services Department Located At 300 4th Street, Port Arthur, Texas 77640 A Request Has Been Made To Rename The Building In Memory Of "Inell Ross Moore" Pursuant To Resolution No. 97-258, A Public Hearing Shall Be Held To Receive Input From All Interested Parties Prior To Action Being Taken On The Request By City Council. Therefore, Members Of The Public Are Asked To Provide Input On This Decision (2) A Public Hearing To Discuss And Receive Public Comment Regarding The Naming Of The City Building Housing The Port Arthur Municipal Court Building Located At 645 4th Street, Port Arthur, Texas 77640 A Request Has Been Made To Rename The Municipal Court Building In Memory Of The "Honorable Judge Kermit Morrison, Jr." Pursuant To Resolution No. 97-258, A Public Hearing Shall Be Held To Receive Input From All Interested Parties Prior To Action Being Take On The Request By City Council. Therefore, Members Of The Public Are Asked To Provide Input On This Decision The Public Will Also Be Able To View The Public Hearing Via The City's Website At www.portarthurtx.gov 2 AGENDA AUGUST 30, 2022 IV. PUBLIC HEARINGS — 6:00 P.M. — CONTINUED (3) A Public Hearing To Discuss An Amendment To Enlarge The Existing Boundaries Of The Downtown Tax Increment Reinvestment Zone #1 (Resolution No. 12-75, As Amended By Ordinance No. 15-55). The Modification Is Necessary To Expand The Current TIRZ Boundaries To Include The Port Of Port Arthur Navigation District's Economic Development Area For Future Developments A Precise Drawing And Description Of This Amended Boundaries Of The Property Will Also Be Presented At The Public Hearing And Can Be Examined In The City Secretary's Office, City Hall, 444 Fourth Street, Port Arthur, Texas 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; (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; 3 AGENDA AUGUST 30, 2022 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED (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. A. Travel Request/Expense Reports (Al) City Attorney Valecia Tizeno: 2022 TCAA Summer Conference Galveston, TX June 15 — 17, 2022 $1,145.66 B. Minutes August 16, 2022 Regular Meeting 4 AGENDA AUGUST 30, 2022 VII. CONSENT AGENDA — CONTINUED C. Resolutions (1) P.R. No. 22256 —A Resolution Authorizing The City Manager To Allow The Fire Department To Apply For The Motiva First Responders Grant, With No Cash Match (2) P.R. No. 22296 — A Resolution Ratifying The City Manager Decision To Execute An Emergency Contract With Lark Group Inc., In The Amount Of $107,800.00 For Asbestos Abatement And Demolition Of A Dangerous Commercial Property Located At 3100 Gulfway Drive, To Be Charged To Account No. 001-13-035-5470-00-10-000 (General Fund-Other Contractual Services) (3) P.R. No. 22376 —A Resolution Authorizing The Purchase Of Extended Warranty For The D8T Bulldozer From Mustang CAT Of Beaumont, Texas Through Soucewell Cooperative Contract 032119 In An Amount Not To Exceed $51,270.00; Funding Available In Account Number 403-50-320-5319-00-00-000 (4) P.R. No. 22413 —A Resolution Authorizing The City Manager To Enter Into A Contract With Preferred Facilities Group-USA, LLC Of Beaumont, Texas Through BuyBoard Cooperative Purchasing Program (Contract No. 581-19) For The Partial Reroofing And Other Roof Repairs To Central Fire Station In The Not To Exceed Amount Of $54,575.98; Funding Available In Fire Department Building Maintenance Account No. 001-19-047-5312-00-30-000 (5) P.R. No. 22419 — A Resolution Approving The FY 2023 Contract Between The City Of Port Arthur And The Department Of Health And Human Services Primary Health Care Program, For The Amount Not To Exceed $364,746.00, Of Which $68,530.00 Is Allocated Toward The Contract Period September 1, 2022 Through August 31, 2023. No Cash Match Required (6) P.R. No. 22446 — A Resolution Calling For A Public Hearing To Consider Granting A Zoning Change For Approximately 9.54-Acres Of Land Part Of Lots 2-7, Block 13, Range "L", Port Arthur Land Company Subdivision (South Of Park Central Boulevard And East Of F.M. Highway 365), Port Arthur, Jefferson County, Texas 5 AGENDA AUGUST 30, 2022 VII. CONSENT AGENDA — CONTINUED (7) P.R. No. 22472 — A Resolution Authorizing The City Manager To Purchase 100 Tilting Trash Receptacles From Pilot Rock Of RJ Thomas MFG. Co. Inc. Of Cherokee, Iowa In The Not-To-Exceed Amount Of $48,800.00. Funding Is Available In Account No. 140-15- 600-5470-00-00-000, Project No. H07915-OTH-OCS (8) P.R. No. 22506 — A Resolution Authorizing The City Manager To Negotiate A Contract With Arceneaux, Wilson & Cole LLC (AWC) Of Port Arthur, Texas For Professional Services Associated With The Planning And Design Of The Underground Utilities & Communication Systems Infrastructure Project. This Is Part Of The Economic Development Administration Investment Plan (EDA). Funds Are Available In Account 305-21-625-8525-00-00-000. Project Number DT0003 (9) P.R. No. 22680 — A Resolution Authorizing The City Manager To Execute A Contract With The Solco Group, LLC Of Beaumont, Texas For Engineering And Design Services For An Underground Powerline Duct Bank To Be Placed In The 300 Block Of Procter Street In The Alleyway Between Dallas And Fort Worth Avenues For Port Arthur Transit (PAT) In The Amount Not To Exceed $46,100.00. Funding Is Available In Account 401-70-530-8512-00-60-000 TR11430-BUI (10) P.R. No. 22684 — A Resolution Authorizing The City Manager To Execute Settlement Of Rental Fees For A Landfill Compactor From ALJON, By C&C MFG In The Amount Of $161,500.00 Made Against Texas Municipal League Intergovernmental Risk Pool (TMLIRP) As A Result Of Property Damage To Landfill Compactor Unit #1636 (11) P.R. No. 22731 — A Resolution Authorizing The City Manager To Execute Change Order No. 2 Between The City Of Port Arthur And BDS Constructors, LLC DBA MK Constructors Of Vidor, Texas, Extending The Contract Time By One Hundred Eighty-Eight (188) Days For The Pioneer Park Lift Station Rehabilitation Project 6 AGENDA AUGUST 30, 2022 VII. CONSENT AGENDA — CONTINUED (12) P.R. No. 22737 — A Resolution Approving The Acceptance Of A Quote From Gulf Coast Electric Co., Inc. Of Beaumont, Texas For Electrical Lighting Repairs At 501 Procter Street By The City Of Port Arthur Type A Economic Development Corporation In An Amount Not To Exceed $6,750.00. Funds Available In EDC Account No. 120-80-625- 5312-00-00-000 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22735 — A Resolution Authorizing The Ceremonial Street Renaming For A Portion Of Bluebonnet Avenue From Gilham Circle To Memorial Boulevard In Honor Of Reverend Samuel Joseph, Sr. (Requested By Councilmember Jones) (2) P.R. No. 22736 — A Resolution Authorizing The Ceremonial Street Renaming Of Grannis Avenue From Gulfway Drive To Procter Street In Honor Of Mr. Russell Getwood (Requested By Councilmember Jones) (3) P.R. No. 22741 —A Resolution Authorizing The City Manager To Enter Into A Participation Agreement With The Port Of Port Arthur Navigation District To Participate As A Taxing Entity In The Downtown Tax Increment Reinvestment Zone No. 1 (4) P.R. No. 22743 —A Resolution Authorizing The City Manager To Enter Into An Agreement Between The City Of Port Arthur And Gulf Coast A CRH Company Of Beaumont, Texas For The Various Street Roadway Improvement Project II, For The Amount Of $10,208,437.93. Funding Is Available In Capital Improvement Project Account 307-21-053-8517-00-10-000 (5) P.R. No. 22744—A Resolution Naming The City Building Housing The Development Services Division Located At 300 4th Street In Memory Of"Inell Ross Moore" (Requested By Councilmember Jones) AGENDA AUGUST 30, 2022 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (6) P.R. No. 22745 —A Resolution Naming The City Building Housing The Port Arthur Municipal Court Located At 645 4th Street In Memory Of The "Honorable Judge Kermit Morrison, Jr." (Requested By Councilmember Jones) B. Ordinances — Non-Consent (1) P.O. No. 7069 — An Ordinance Amending Chapter 110 (Utilities), Article II (Water), Division 3 (Service Charges And Billing), Sections 110-91 (Rate Schedule) And 110-92 (Consumers Outside City Not Having Special Contracts) Of The Code Of Ordinances Of The City Of Port Arthur, As It Pertains To Rates For Residential And Commercial Customers, And Providing For Publication (2) P.O. No. 7088 — An Ordinance Extending The Declaration Of Disaster Pursuant To §418.108(b) Of The Texas Government Code (3) P.O. No. 7089 — An Ordinance Enlarging The Boundaries Of Tax Increment Reinvestment Zone Number One (TIRZ No. 1) (Downtown TIF) City Of Port Arthur, Texas; And Containing Other Matters Related To The TIRZ No. 1 (Downtown TIF) 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 August 31, 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.