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HomeMy WebLinkAboutAUGUST 29, 2023 REGULAR MEETING 5:30 P.M. THURMAN BILL BARTIE,MAYOR Energy RON BURTON TIFFANY HAMILTON,MANOR PRO TEM City of - c;� CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC WILLIE BAE LEWIS,JR. - CITY SECRETARY DONEANE BECKCOM n r t r!h u r HAROLD L. DOUCET,SR. VAL TREND THOMAS J.KINLAW,III ` CITY ATTORNEY DONALD FRANK,SR. AG E N DA City Council Regular Meeting Tuesday, August 29, 2023 5:30 P. M . CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Tuesday, August 29, 2023 At 5:30 P.M. CT, 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: 895 6405 3985 And Passcode: 902597 (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 Regular Meeting City Hall Council Chamber City Of Port Arthur August 29, 2023 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartle Mayor Pro Tern Hamilton Councilmember Lewis, Jr. Councilmember Beckcom Councilmember Doucet, Sr. Councilmember Kinlaw, III Councilmember Frank, Sr. City Manager Burton City Secretary Bellard, TRMC City Attorney Tizeno Police Chief Duriso Or Designee II. PROCLAMATIONS 4 , Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Gus Eddie Regarding Travel Trailers On Property (2) Michael Grogan Regarding Local Ambulance Services (3) Warren A. Field Regarding An Overview Of El Vista Community Problems B. Presentations (1) A Presentation By Motiva Enterprises, LLC Providing A Community Update On Their Downtown Project AGENDA AUGUST 29, 2023 III. PETITIONS & COMMUNICATIONS — CONTINUED (2) A Presentation By The Quasquicentennial Steering Committee, Ms. Verna Rutherford, Dr. Albert Thigpen, Ms. Tammy Kotzur, Ms. Pat Avery, Dr. Sam Monroe, and Mr. Tom Neal Regarding The Quasquicentenniel Celebration Update (3) A Presentation By The Entergy, Inc. / Staff Regarding Port Arthur Street Lighting (Requested By Councilmember Kinlaw) (4) A Presentation By Nick Brake With Lamar University's Department Of Civil And Environmental Engineering Regarding A Proposal For The Deployment Of Low-Cost Sensors In Southeast Texas (5) A Presentation By The Staff Regarding Street Completion By Districts And Future Street Projects (Requested By Councilmember Kinlaw) C. Employee Recognition — None { D. Correspondence — None E. Discussions (1) A Discussion Regarding A Complete City-Wide Light Emitting Diode (LED) Program (Requested By Councilmember Lewis) it 7 AGENDA AUGUST 29, 2023 IV. PUBLIC HEARING — 6:00 P.M. To Receive And Consider Public Comment(s) For All Interested Citizens With Regard To The City Of Port Arthur's Proposed Tax Rate For The 2023 Tax Year A Tax Rate Of 0.648641 Per $100 Valuation Has Been Proposed By The Governing Body Of City Of Port Arthur PROPOSED TAX RATE $0.648641 per $100 NO-NEW REVENUE TAX RATE $0.547795 per $100 VOTER-APPROVAL TAX RATE $0.648641 per $100 The No-New-Revenue Tax Rate Is The Tax Rate For The 2023 Tax Year That Will Raise The Same Amount Of Property Tax Revenue For City Of Port Arthur From The Same Properties In Both The 2022 Tax Year And The 2023 Tax Year The Voter-Approval Rate Is The Highest Tax Rate That City Of Port Arthur May Adopt Without Holding An Election To Seek Voter Approval Of The Tax Rate The Proposed Tax Rate Is Greater Than The No-New-Revenue Tax Rate. This Means That City Of Port Arthur Is Proposing To Increase Property Taxes For The 2023 Tax Year The Public Will Also Be Able To View The Public Hearing Via The City's Website At www.portarthurtx.gov BUDGET ACTION ITEMS: (1) P.O. No. 7169 — An Appropriation Ordinance Adopting A Budget For The Ensuing Fiscal Year Beginning October 1, 2023 And Ending September 30, 2024, In Accordance With Section 7, Article XII Of The Charter Of The City Of Port Arthur (2) P.O. No. 7170 —An Appropriation Ordinance Approving And Adopting A Budget For The City Of Port Arthur Section 4A Economic Development Corporation For The Ensuing Fiscal Year Beginning October 1, 2023 And Ending September 30, 2024 In Accordance With Section 12.03 Of The Bylaws Of The Corporation s. �. _ _ 4.: AGENDA AUGUST 29, 2023 IV. BUDGET ACTION ITEMS (CONTINUED): (3) P.O. No. 7171 —An Ordinance Adopting A Tax Rate For The Tax Year 2023 (Fiscal Year October 1, 2023 — September 30, 2024) (4) P.O. No. 7172 — An Ordinance Approving The 2023 Tax Roll For The Use And Support Of The Municipal Government Of The City Of Port Arthur; And Providing For The Interest And Sinking Fund Ad Apportioning Each Levy For A Specific Purpose 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; 4 AGENDA r AUGUST 29, 2023 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 (1) P.R. No. 23285 — A Resolution Nominating A Member And/Or Members To The Board Of Directors Of The Orange County Appraisal District For The 2024 — 2025 Term 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 — None 5 AGENDA AUGUST 29, 2023 VII. CONSENT AGENDA — CONTINUED B. Minutes May 9, 2023 Special Meeting (Executive Session) May 9, 2023 Regular Meeting May 17, 2023 Special Meeting C. Resolutions (1) P.R. 23013 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract With King Solutions, LLC Of Houston, Texas For The Sanitary Sewer System Rehabilitation Contract No. 1, Increasing The Contract Amount By $54,140.00, To A New Contract Total Of $1,474,024.00; Account No. 405-40-000- 8516-00-00-000, Project No. WS0016-CON (2) P.R. 23068 — A Resolution Amending Resolution Number 23-196 Awarding The Dyed Diesel Fuel To Suncoast Resources, Inc. Of Houston, Texas And Tri-Con, Inc. Of Beaumont Texas In The Amount $900,000.00 Funding Is Available In 001-21-055-5230-00-70-000 (Drainage), 403-50-320-5230-00-00-000 (Landfill), 450-60-410- 5230-00-00-000 (Pleasure Island), 410-40-210-5230-00-00-000, 410-40-215-5230-00-00-000, 410-40-220-523-00-00-000, 410-40- 225-5230-00-00-000 (Utility Services) (3) P.R. 23102 — A Resolution Authorizing Proceeding With The Disannexation Of 17.97 Acre Tract Of Land Along Viterbo Road And West Port Arthur Road At The Request Of The Landowner (4) P.R. 23181 — A Resolution Designating And Establishing The Flex Shot Island Warm-Up Tournament Area, Designating The Professional Disc Golf Association As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement Thereof 6 ilt AGENDA AUGUST 29, 2023 VII. CONSENT AGENDA — CONTINUED (5) P.R. 23239 — A Resolution Releasing The Oil And Gas Drilling Bond i And Road Use Bond For Sassine Avenue Granted To Aspect Energy, 1 LLC Of Denver, Colorado. There Is No Funding Impact (6) P.R. 23261 — A Resolution Authorizing The City Manager To Execute A Twenty-Four (24) Month Lease Agreement With Robogistics, LLC For City Owned Property Located At 3451 57th Street (7) P.R. 23267 — A Resolution Authorizing The City Manager To Accept A Donation From The Cheniere Foundation In The Amount Of $200,000.00 To Support Pleasure Island Improvements ' (8) P.R. 23286 — A Resolution Authorizing The City Manager To Accept Amendment No. 2 To The Contract Between The City Of Port Arthur And The Texas Parks And Wildlife Department (TPWD) Adding 7 Months To The Original Contract Completion Date Of May 31, 2023 To The New Contract Completion Date Of December 31, 2023 For The Sabine Pass Boat Ramp Rebuild And Area Improvements Project. Funding Is Not Impacted. Project No. PR0007-GRA (9) P.R. 23287 — A Resolution Authorizing The Calling Of A Public Hearing To Consider Whether Or Not Public Convenience And Necessity Require The Operation Of Proposed Wrecker Business, I.E., Apex Towing & Recovery (10) P.R. 23302 — A Resolution Authorizing The City Manager To Execute A Long-Term Temporary Street Closure Agreement With SpawGlass Construction Corporation For The Closure Of Various Portions Of Austin Avenue And 5th Street In Downtown Port Arthur For The Purpose Of Construction And Remodeling Of The Adams, A.E. Scott, And Federal Buildings For The Motiva Downtown Campus Project AGENDA AUGUST 29, 2023 VII. CONSENT AGENDA — CONTINUED (11) P.R. 23303 — A Resolution Authorizing The City Manager To Approve A 36-Month Spectrum Enterprise Agreement For The Installation Of An Ethernet Private LAN (EP-LAN) To Establish A Network Connection Between The New Health Building And City Hall For A Monthly Amount Of $548.00 Per Site For A 36 Month Total Of $39,456.00 And A One-Time Installation Cost Of $500.00. Funding Is Available In The Information Technology Communication Account 001-09-023-5482-00-10-000 (12) P.R. 23304 — A Resolution Authorizing The City Manager To Amend Resolution 23-314 With Elite Contractors & Equipment, LTD, Of Kirbyville, Texas, To Reflect The Appropriate Final Contract Amount Of $820,029.00 For The S. 1st Avenue Roadway Reconstruction Project. Funding Is Available In The Capital Improvement Account Number 307-21-053-8517-00-10-000. Project No. ST1P9O-CON (13) P.R. 23305 — A Resolution Ratifying The City Manager's Decision To Authorize The Emergency Removal And Replacement Of HVAC Airduct Insulation And System Cleaning At The Sabine Pass Community Center With Industrial Commercial Mechanical Of Beaumont, Texas Through BuyBoard Contract No. 638-21 With A Total Budgetary Impact Of $109,156.00; Funding Available In Civic Center Account No. 001-15-043-5312-00-20-000 (14) P.R. 23306 — A Resolution Authorizing The City Manager To Enter Into An Agreement With Industrial And Commercial Mechanical Of Beaumont, Texas Through BuyBoard Contract No. 638-21 To Replace The Current HVAC Rooftop Units #3 And #12 Of The Civic Center In The Amount Of $113,236.00. Funds Available In Account Number 307-21-049-8512-00-10-000 8 AGENDA AUGUST 29, 2023 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. 23062 — A Resolution Appointing And/Or Reappointing Member(s) To The Historical Landmark Commission (2) P.R. 23092 — A Resolution Nominating A Member And/Or Members To The Board Of Directors Of The Jefferson Central Appraisal District For The 2024 Term (3) P.R. 23177 —A Resolution Amending Resolution Nos. 21-542 And 23- 149 As It Pertains To The Allocation Of Funds For Engineering, Design, And Construction Of Infrastructure Improvements Project Along Woodworth Boulevard Between SH 87 (Gulfway Drive) And Lakeshore Drive Decreasing The Funding By $4,200,000.00 And Reallocating The Funding Toward Water And Sewer Projects Associated With Road Repairs (Requested By Councilmember Lewis) (4) P.R. 23236 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Councilmember Beckcom) B. Ordinances — Non-Consent (1) P.O. No. 7163 — An Ordinance Authorizing The Sale Of Surplus Technology Equipment (2) P.O. No. 7165 — An Ordinance Of The City Of Port Arthur, Texas, Closing, Vacating, Abandoning, And Conveying A 2.042-Acre Portion Of An Improved Dedicated Public Right-Of-Way, Known As Terminal Road, 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 A22-02 (Motiva Enterprises, LLC) 9 AGENDA AUGUST 29, 2023 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.O. No. 7166 — An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning From Agricultural To High-Density Residential On Approximately 7.404-Acres Of Land Consisting Of Lot 16 And Part Of Lot 17, Block 7, Hillcrest 2 Addition, Port Arthur, Jefferson County, Texas (Violation Of Any Provision Of This Ordinance Shall Be Guilty Of A Misdemeanor And Shall Be • Punished By A Fine Not Exceeding $2,000.00, As Provided In Chapter 1, Section 1-13 Of The Code Of Ordinances, And Each Day Which Violation Is Permitted To Exist Shall Constitute A Separate And Distinct Offense.); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date 223-05 - Mohammed Issa (4) P.O. No. 7168 — An Ordinance Rescinding Ordinance No. 23-33 In Its Entirety As It Pertains To 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, Commercial And Industrial Customers (Requested By Councilmember Lewis) 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 30, 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.