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HomeMy WebLinkAboutJANUARY 16, 2024 REGULAR MEETING 5:30 PM THURMAN BILL BARTIE,MAYOR RON BURTON TIFFANY HAMILTON,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC WILLIE BAE LEWIS,JR. ��,-j C t/1 Uc� i CITY SECRETARY DONEANE BECKCOM HAROLD L.DOUCET,SR. VAL TIZENO THOMAS J.KINLAW,III Ter«s CITY ATTORNEY DONALD FRANK,SR. AG E N DA City Council Regular Meeting Tuesday, January 16, 2024 5:30 P.M . CT The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled For Tuesday, January 16, 2024 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: 814 8543 8607 And Passcode: 984578 (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 January 16, 2024 5:30PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie 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 Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Patricia A. Parker Regarding State Of The City (2) Wayne Dolefino Regarding Ambulance Investigation B. Presentations — None C. Employee Recognition — None D. Correspondence — None AGENDA JANUARY 16, 2024 III. PETITIONS & COMMUNICATIONS — CONTINUED E. Discussions (1) To Discuss The Relationship Between The City Of Port Arthur And The Greater Port Arthur Chamber Of Commerce (Requested By Councilmember Doucet) IV. PUBLIC HEARINGS — 6:00 P.M. (1) A Public Hearing For The Purpose Of Receiving Public Comments To Consider The Proposed Amendment Of The Following: Proposed Change: A Zoning Map Amendment (Z23-09) E- Advantage Inc. To Change From "LDR" Low-Density Residential (Formerly Referred To As "SF" Single Family) To "CR" (Formerly Referred To As "LC" Light Commercial) To Allow For The Development Of An Extended Stay Hotel Legal Description: 4.000-Acre Tract Or Parcel Of Land Being Out Of Port Acres, Consisting Of TR2, Lot 8, Block 12, Port Arthur, Jefferson County, Texas The Public Will Be Able To View The Public Hearing Via The City's Website At www.portarthurbcgov. Any Person May Participate In The Public Hearing And Address The City Council 2 AGENDA JANUARY 16, 2024 IV. PUBLIC HEARINGS — 6:00 P.M. — CONTINUED (2) A Public Hearing For The Purpose Of Receiving Public Comments To Consider The Proposed Amendment Of The Following: Proposed Change: A Zoning Map Amendment (Z23-10) BDS Constructors, LLC D.B.A. MK Constructors To Change From "HDR" High-Density Residential (Formerly Referred To As "MF" Multiple Family)To "CR" (Formerly Referred To As "LC" Light Commercial) To Allow For The Development Of A Park And Ride Facility Legal Description: 21.308-Acre Tract Or Parcel Of Land Being Out Of And Part Of The W. Kyle Survey, A-414, And Consisting Of All Of Lots 10-25, Block 27, A Portion Of Oleander, Violet, Gardenia, Camellia, Cox, & Daisy Streets, And A Portion Of Willow Drive, A Portion Of Blocks 25 & 26, And All Of Blocks 14, 15, & 16 Of The Palomar Addition, Section 1, An Unrecorded Subdivision Plat, Port Arthur, Jefferson County, Texas The Public Will Be Able To View The Public Hearing Via The City's Website At www.portarthurtx.gov. Any Person May Participate In The Public Hearing And Address The City Council 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; 3 AGENDA JANUARY 16, 2024 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) — CONTINUED (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 Resolutions (1) P.R. No. 23469 — A Resolution Approving The First Amended And Restated Agreement For Professional Services And Employment As Chief Executive Officer Of The Port Arthur Section 4A Economic Development Corporation (2) P.R. No. 23494 — A Resolution Approving A Training Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Lamar State College Port Arthur For Tuition Reimbursement For Five (5) Port Arthur Resident High School Graduates Attending A 2-Year Associate Degree Program Not To Exceed $67,500.00; Funds Available In EDC Account No. 120-80- 625-5475-00-00-000 4 AGENDA JANUARY 16, 2024 VI. UNFINISHED BUSINESS — CONTINUED (3) P.R. No. 23495 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Utilize Pre- Employment Workforce Training Funds To Implement A 2024 Youth Employment Program In An Amount Not To Exceed $83,200.00; Funds Available In EDC Account No. 120-80-625-5475-00-00-000 (4) P.R. No. 23543 — A Resolution Approving Water And Sewer Adjustments To Valero Services Utility Accounts Due To Leaks And/Or Equipment Malfunction 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 (A1) Mayor Pro Tern Tiffany Hamilton: National League Of Cities Congressional Cities Conference Atlanta, GA November 15 — 19, 2023 $3,906.54 B. Minutes — None 0 M AGENDA JANUARY 16, 2024 VII. CONSENT AGENDA— CONTINUED C. Resolutions (1) P.R. No. 23458 — A Resolution Authorizing The Execution Of One- Year Contracts For The Purchase Of Concrete Building Materials For The Public Works Streets Division With Martin Marietta Materials, Inc. And Modern Concrete & Materials Of Beaumont, Texas, With A Projected Budgetary Impact Of $250,000.00. Budgeted Funds Are Available In The Street Maintenance Account, 001-21-053-5316-00- 70-000, And The Capital Improvement Fund Streets Program Account, 307-21-053-8517-00-10-000, Various Projects (2) P.R. No. 23514 — A Resolution Authorizing The Purchase Of Four (4) F-250 Pick Up Trucks For The Fire Department From Silsbee Ford Of Silsbee, Texas Through TIPS USA 210907 In The Amount Of $275,295.51; Funding Is Available In Equipment Account Number 625-00-000-8523-00-00-000 (3) P.R. No. 23532 — A Resolution Authorizing The City Manager To Execute A Contract With The Solco Group, LLC Of Port Arthur, Texas For Engineering And Design Services For The City Of Port Arthur's Driveway Reconstruction And Drainage Repairs At 101 H.O. Mills Boulevard In The Amount Of $38,448.00; Funding Is Available In Account No. 307-21-049-8512-00-10-000, Project B00010, STRING- CON (4) P.R. No. 23533 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And Kraftsman Commercial Playgrounds And Water Parks Of Spring, Texas, Decreasing The Contract Amount By $20,992.74 To A New Contract Total Of $728,965.01 For The Construction Of A Playground At 1520 West TB Ellison Pkwy (Lakefront Park) On Pleasure Island 6 AGENDA JANUARY 16, 2024 VII. CONSENT AGENDA— CONTINUED (5) P.R. No. 23538 — A Resolution Authorizing The City Manager To Accept The Engineer's Certificate Of Substantial Completion, Contractor's Certificate Of Warranty, Contractor's Affidavit Of Payments Of Debts And Claims, Contractor's Certificate Of Substantial Completion, And Final Payment Affidavit By AAA Asphalt Paving, Inc. Of Pinehurst, Texas For Port Arthur Transit's Dallas And Fort Worth Avenues Road Reconstruction Project And Authorizing The City Manager To Release The Retainage In The Amount Of $30,283.58; Funds Available In Account 401-70-530-8525-00-60- 000, Project DR1P06 (6) P.R. No. 23544 — A Resolution Authorizing The City Manager To Execute A Contract With Global Drilling, Inc. Of Winnie, Texas, For The Atlanta Water Line Improvements Project, With A Total Projected Budgetary Amount Of$2,377,477.00; Funding Available In Account No. 405-40-000-8516-00-00-000, Project No. WS0019-CON (7) P.R. No. 23545 — A Resolution Authorizing The City Manager To Purchase One 2024 4500 R/C Service Body Pickup Truck From Grapevine Dodge Chrysler Jeep Of Grapevine, Texas Through BuyBoard Contract No. 601-19 And One 2024 MD6 Dump Truck From Bruckner Truck Sales Through H-GAC Contract No. HT06-20 For The Water Utilities Department For The Total Amount Not To Exceed $204,908.00. Funds Are Available In Capital Equipment Account No. 625-40-000-8523-00-00-000 (8) P.R. No. 23547 — A Resolution Authorizing The City Manager To Approve Change Order No. 1 And Final And Accept The Project Completion Documents For The Elevated Storage Tank Rehabilitation Project Located At Railroad Avenue And Thomas Boulevard With Tanksco Inc. Of Fort Worth, Texas, And Release The Retainage In The Total Amount Of $44,048.25; Funding Is Available In Account No. 405-40-000-8516-00-00-000, Project No. WS0013-CON (9) P.R. No. 23550 — A Resolution Authorizing The City Manager To Reject Bids For The Rehabilitation Of Nineteen (19) Rental Units Owned By Tender Loving Care DBA As Legacy Community Development Corporation Imisimmoommer AGENDA JANUARY 16, 2024 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT • A. Resolutions — Non-Consent (1) P.R. No. 23549 — A Resolution Honoring Congresswoman Eddie Bernice Johnson's Accomplishments (Requested By Councilmember Lewis) B. Ordinances — Non-Consent (1) P.O. No. 7226 — An Ordinance Amending Chapter 2 (Administration), Article VI (Finance), Division 2 (Purchases And Contracts) By Adding Section 2-287 (No Contact Period) To The Code Of Ordinances 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 January 17, 2024. 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 9 *************************************************** r 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.