HomeMy WebLinkAboutMAY 9, 2023 REGULAR MEETING THURMAN Bll.l, B:U2"11E,MAYORt RON BURTON
Y �
INGRID HOLMES,MA
OR PRO TEM City of CITY MANAGER
COUNCIL MEMBERS: SHERRI BELLARD,TRMC
CAL J.JONES /— CFI 1 SECRETARY
THOMAS J.KINLAW III 0 r t r f h r[ r
KENNETH MARKS VAL TIZENO
CHARLOTTE MOSES Ic_xct� CITI'ATTORNEY
DONALD FRANK,SR.
AG E N DA
City Council
Regular Meeting
May 9, 2023
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, May 9, 2023 By Telephonic And
Videoconference In Addition To A//owing 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: 873 8009 1646 And Passcode: 371220
(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
May 9, 2023
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) Sandra La Day Of People Supporting People Regarding A No Kill
Animal Shelter
(2) Loretta Douglas Nealy Regarding Animal Control
B. Presentations
(1) A Presentation By Vivian Ballou Of Legacy CDC Regarding Housing
At Gifford Pond (Requested By Councilmember Moses)
C. Employee Recognition - None
AGENDA
MAY 9, 2023
III. PETITIONS & COMMUNICATIONS — CONTINUED
D. Correspondence — None
E. Discussion
(1) A Discussion Regarding Grant Application Process (Requested By
Mayor Bartle)
(2) Update By EDC Director Regarding Industrial Training Program By
Lamar State College At The Armory (Requested By Councilmember
Moses)
(3) Discussion Regarding Developing A No Kill Animal Shelter For The
City Of Port Arthur (Requested By Councilmember Frank)
IV. PUBLIC HEARINGS — 6:00 P.M.
(1) A23-01. A Public Hearing To Consider A Proposed Abandonment For
Approximately 0.019-Acres Of Land Consisting Of A Four (4') Foot
Waterline Easement Located At A Point In The Northerly Boundary
Line Of Lot 8, Block 152, Port Arthur, Jefferson County, Texas, For
Community Development Properties, Port Arthur, Inc.
(2) Z23-02. A Public Hearing To Consider Granting A Specific Use Permit
For Approximately 0.0879-Acres Of Land Consisting Of The West 58'
Of Lot 1, Block 1, Keith Marroquin Tract (3640 Professional Drive),
Port Arthur, Jefferson County, Texas, For The Operation Of A Game
Room
(3) Z23-03. A Public Hearing To Consider A Zoning Change From
Commercial Retail "CR" (formerly referred to as Light Commercial
"LC") To Low-Density Residential "LDR" (formerly referred to as
Single Family) For Approximately 1.924-Acres Of Land, Part Of Lot
4, Block 7, Port Acres Addition (6194 Jade Avenue), Port Arthur,
Jefferson County, Texas
AGENDA
MAY 9, 2023
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
VI. UNFINISHED BUSINESS — NONE
AGENDA
MAY 9, 2023
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 Expense Reports
(Al) Mayor Thurman Bartle:
African American Mayors Conference
Washington, D.C.
April 18-22, 2023 $2,123.97
(A2) Request For Pre-Approval Of Travel Pursuant To 78-269
(b)(8) Of The Code Of Ordinances
Mayor Thurman Bartle:
NBC LEO Summer Conference
Jackson, MS
June 13-16, 2023 $2,189.10
B. Minutes — None
C. Resolutions
(1) P.R. No. 23113 —A Resolution Authorizing The City Manager To Enter
Into An Agreement With Schaumburg & Polk, Inc. For The
Engineering Services Related To The Rehabilitation And/Or
Replacement Of Three (3) Aerial Waterline Crossings Along
Savannah Avenue And Highway 73 For A Not-To-Exceed Amount Of
$54,200.00; Funding Is Available In Water Utilities Account No. 410-
40-200-5420-00-00-000, Professional Services
4
AGENDA
MAY 9, 2023
VII. CONSENT AGENDA — CONTINUED
(2) P.R. No. 23120 —A Resolution Authorizing The City Manager To Enter
Into A Contract With Boss Construction Services, LLC Of Baytown,
Texas For Sidewalk Repairs At Various Parks In The Amount Of
$152,553.00. Funding Is Available In The Parks Project Account
Number 105-13-033-5111-00-40-000. Project No. CD7104-GRE-OSC
(3) P.R. No. 23121 — A Resolution Authorizing The City Manager To
Execute Change Order No. 2 To The Contract Between The City Of
Port Arthur And Gulf Coast A CRH Company Of Beaumont, Texas,
For The Various Streets Roadway Improvement Project-District 2 &
3, Removing 7th Street (Stadium Road To Williams Avenue), Adding
Evergreen Drive (Bernhardt Drive To Dead End), Adding Cement
Stabilizing Backfill, And Adjusting Quantities On The Remaining
Streets For The Amount Of $499,205.60; Increasing The Previous
Contract Amount Of $7,734,508.93 To The New Total Contract
Amount Of $8,233,714.53. Funding Is Available In Capital
Improvement Project Account 307-21-053-8517-00-10-000
(4) P.R. No. 23125 —A Resolution Authorizing The City Manager To Enter
Into A Contract With Midwest Flow Control Products Of Olathe,
Kansas For The Purchase Of Resilient Seat Valves For The Water
Utilities Department With An Annual Projected Budgetary Impact Of
$155,276.00. Funds Are Available In Account Nos. 410-40-215-
5315-00-00-000 (Water System) & 410-40-220-5313-00-00-000
(Sanitary Sewer System)
(5) P.R. No. 23126 — A Resolution Authorizing The City Manager To
Execute A Contract With Core & Main, LP Of Beaumont, Texas, For
The Purchase Of Repair Clamps For The Water Utilities Department,
With An Annual Projected Budgetary Impact Of $264,552.56.
Funding Is Available In Account Nos. 410-40-215-5315-00-00-000
(Water System Maintenance), & 410-40-220-5313-00-00-000,
(Sewer System Maintenance)
AGENDA
MAY 9, 2023
VII. CONSENT AGENDA — CONTINUED
(6) P.R. No. 23127 — A Resolution Authorizing The Execution Of A
Contract For The Purchase Of Brass, Curbstops, And Miscellaneous
Fittings For The Water Utilities Department, Water Distribution
Division, From Core & Main, LP Of Beaumont, Texas, With A
Projected Budgetary Impact Of $200,000.00. Funds Are Available In
Account No. 410-40-215-5315-00-00-000, Water System
Maintenance
(7) P.R. No. 23130 — A Resolution Awarding A Contract To Lark Group,
Inc. In The Amount Of $40,232.00 And Authorizing The Execution
Of A Contract By The City Manager For The Demolition Of Seven (7)
Residential Structures With Transite (Group B-T) Located
Throughout The City, To Be Charged To Account No. 001-13-035-
5470-00-10-000
(General Fund-Other Contractual Services)
(8) P.R. No. 23131 — A Resolution Awarding A Contract To Lark Group,
Inc. In The Amount Of $26,200.00 And Authorizing The Execution
Of A Contract By The City Manager For The Demolition Of Six (6)
Residential Structures With Transite (Group C-T) Located
Throughout The City, To Be Charged To Account No. 001-13-035-
5470-00-10-000 (General Fund-Other Contractual Services)
(9) P.R. No. 23132 —A Resolution Authorizing The City Manager To Apply
To The U.S. Department Of Housing And Urban Development For A
Community Development Block Grant In The Amount Of
$1,042,808.00 And A Grant In The Amount Of $335,156.00 In Home
Investment Partnership (HOME) Funds And Authorizing The City
Manager To Execute The City Of Port Arthur's 2023 Consolidated
Annual Plan. The Consolidated Plan Will Be Submitted To The U.S.
Department Of Housing And Urban Development
(10) P.R. No. 23133 — A Resolution Authorizing The City Manager To
Execute A Contract Between The City Of Port Arthur And The Port
Arthur American Little League For The Use Of Virginia/Sal Grado Field
At Pioneer Park
6
AGENDA
MAY 9, 2023
VII. CONSENT AGENDA — CONTINUED
(11) P.R. No. 23136—A Resolution Authorizing The City Manager To Enter
Into A Contract With Long Architecture Of Beaumont, Texas, For The
Operations Center Renovations In The Amount Of $49,500.00.
Funding Is Available In The Public Works Operations Center Building
Repair Account, Account Number B00001-DES, 307-21-049-8512-
00-10-000
(12) P.R. No. 23137 — A Resolution Authorizing The City Manager To
Purchase 648 Garbage Cans From Sierra Container Group Of Ocala,
Florida, Under NCPA Contract No. 02-58, In The Amount Of
$40,682.00. Funding Is Available In The Public Works Solid Waste
Residential Garbage Division—Minor Equipment Account, Account
Number 403-50-310-5240-00-00-000
(13) P.R. No. 23138 — A Resolution Authorizing The Execution Of A
Contract For The Purchase Of Fire Hydrants For The Water Utilities 1
Department From Core & Main, LP Of Beaumont, Texas With A
Projected Budgetary Impact Of $123,114.00. Funds Are Available In
Account No. 410-40-215-5315-00-00-000 Water System
Maintenance
(14) P.R. No. 23140 —A Resolution Authorizing The City Attorney And City
Manager To Purchase Two Vacant Lots Located On Maple Street In
The Total Amount Of $17,000.00, To Be Utilized As Part Of The El
Vista Drainage Improvement Project. Funding Is Available In City
Manager Contingency Account #001-01-005-5470-00-10-000
(15) P.R. No. 23141 — A Resolution Accepting A Utilities Easement From
BCP Diversified, Ltd. For The Purpose Of Installing, Maintaining,
Operating, And Replacing Public Utilities: Manholes And Sanitary
Sewer Lines On 9th Avenue In The City Of Port Arthur
(16) P.R. No. 23142 —A Resolution Authorizing The City Manager To Enter
Into A Six (6) Month Contract With Evoqua Water Technologies Of
Sarasota, Florida For The Purchase Of Sodium Chlorite For The Water
Utilities Department With The Option To Renew For An Additional Six
(6) Months, With An Annual Projected Budgetary Impact Of
$510,000.00. Funding Is Available In Account No. 410-40-210-5217-
00-00-000, Treatment Chemicals
7
AGENDA
MAY 9, 2023
VII. CONSENT AGENDA — CONTINUED
(17) P.R. No. 23143 —A Resolution Authorizing The City Manager To Enter
Into A Contract With Arceneaux, Wilson & Cole, LLC Of Port Arthur,
Texas For Professional Engineering Services Regarding The
Upgrading Of The Water Model For The Water Distribution System
In The Not-To-Exceed Amount Of $178,913.00; Funds Are Available
In Account No. 410-40-200-5420-00-00-000, Professional Services
(18) P.R. No. 23145 — A Resolution Amending Resolution No. 23-482 As
It Pertains To The Appointment Of The Negotiating Team Pursuant
To Chapter 174 Of The Texas Local Government Code, To Conduct
Collective Bargaining With The Bargaining Agent Of The Port Arthur
Fire Fighters, International Association Of Fire Fighters, (IAFF) Local
397
(19) P.R. No. 23149 — A Resolution Authorizing The City Manager To
Extend The Municipal Water Supply Contract With The Lower Neches
Valley Authority
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions — Non-Consent
(1) P.R. No. 23093 —A Resolution Authorizing The City Manager To Enter
Into A Contract With Fittz & Shipman, Inc., Of Beaumont, Texas, For
The Sabine Pass Boat Ramp Improvement Project In Sabine Pass,
Texas, For The Amount Of $69,600.00. Funding Is Provided Through
A Grant From The Texas Parks And Wildlife Department (TPWD) And
Is Available In Account 152-60-415-8525-00-00-000; Project No.
PR0007
(2) P.R. No. 23128 — A Resolution Authorizing The City Manager To
Execute A Contract With King Solutions Of Houston, Texas, For The
Pipebursting Of Sanitary Sewer Mains In Port Arthur, Texas With A
Total Projected Budgetary Amount Of $1,419,884.00; Funding
Available In Account No. 405-40-000-8516-00-00-000, Project No.
WS0016-CON
AGENDA
MAY 9, 2023
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT -
CONTINUED
(3) P.R. No. 23129 —A Resolution Authorizing The City Manager To Enter
Into A Contract With Tanksco, Inc. Of Fort Worth, Texas For The
Rehabilitation Of The Elevated Storage Tank At Railroad Avenue And
Thomas Boulevard, With A Not-To-Exceed Amount Of $919,740.00;
Funds Are Available In Account No. 405-40-000-8516-00-00-000,
Water System. PROJ# WS0013-CON
(4) P.R. No. 23150 - A Resolution Appointing And/Or Reappointing A
Director Or Directors To The City Of Port Arthur Section 4A Economic
Development Corporation (Requested By Councilmember Frank)
B. Ordinances
(1) P.O. No. 7142 — An Ordinance By The City Of Port Arthur, Texas
("City") Authorizing The Settlement Of The Proposed Rate Increase
Of Entergy Texas, Inc.; Finding That The Meeting Complies With The
Open Meetings Act; Making Other Findings And Provisions Related
To The Subject; And Declaring An Effective Date
(2) P.O. No. 7145 — An Ordinance Amending Appendix A: Zoning
Ordinance Of The City Of Port Arthur By Granting Specific Use Permit
242 (SUP #242) On Approximately 0.0879-Acre Of Land, A Portion
Of Lot 1, Block 1, Keith Marroquin Tract (3640 Professional 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 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.
Z23-02 — Joseph Endari
9
IAGENDA
MAY 9, 2023
VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT -
CONTINUED
(3) P.O. No. 7146 — An Ordinance Amending Appendix A: Zoning
Ordinance Of The City Of Port Arthur By Changing The Zoning On
Approximately 1.924-Acre Of Land, A Portion Of Lot 4, Block 7, Port
Acres Addition (6194 Jade 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
Z23-03 — Luis A. Espinoza
(4) P.O. No. 7147 — An Ordinance Of The City Of Port Arthur, Texas,
Closing, Vacating, Abandoning, And Conveying A 0.019-Acre (840
SF) Of Land Consisting Of A Four (4') Foot Waterline Easement
Located At A Point In The Northerly Boundary Line Of Lot 8, Block
152, Port Arthur, Jefferson County, Texas; Authorizing The City
Manager To Execute A Deed Without Warranty; Providing That This
Ordinance Shall Be Cumulative; Repealing All Ordinances To The
Extent They Are In Conflict; Providing For Severability; And Declaring
An Effective Date
A23-01 — Community Development Properties,
Port Arthur, Inc.
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 May 10, 2023.
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
***************************************************
10
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.