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City Council Meeting, April 11, 2017City of Orange, Texas
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MEETING AGENDA
ORANGE CITY COUNCILOrange Public Library Auditorium
220 N. Fifth StreetOrange, Texas
April 11, 20179:00 a.m.
1. CALL TO ORDER Mayor
2. INVOCATION and PLEDGE OF ALLEGIANCE Council Member Bellfield
3. MOTION
a) Motion finding that the advance posting and notice requirementsof Article 8.1200 of the Code of Ordinances of the City ofOrange, Texas have been met in relation to all minutes andpending ordinances and resolutions on this agenda and that thereading of such items be confined to the captions as are agreedupon by the ordinances and resolutions. 1 Mayor/Council
4. APPROVAL OF MINUTES
a) March 28, 2017 Regular City Council Meeting 5 Mayor/Council
5. CITIZEN COMMENTS
At this time comments will be taken from the audience on anysubject matter, whether or not that item is on the agenda. Allcomments are limited to a maximum three minutes for eachspeaker. Your comments are appreciated. As the Texas OpenMeetings Act does not allow the Council to respond to items notlisted on the agenda, your comments will be duly noted by theCouncil and forwarded to the appropriate department for promptconsideration.
6. PROCLAMATION
a) Sexual Assault Awareness Month 10 Council/Mayor
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City Council Meeting, April 11, 2017City of Orange, Texas
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7. PUBLIC HEARING
a) Conduct a public hearing on the abandonment of an alleylocated south of Main Street between 14th Street and 15th Streetand abandoning a portion of the surface only of the FourteenthStreet right-of-way between Block 53, Lot 1 Sheldon Additionand Block 52, Lot 6 Sheldon Addition. 11 Staff: Knauf
8. ORDINANCES
a) First Reading:
Consider an ordinance of the City Council of the City of Orange,Texas abandoning an alley located south of Main Streetbetween 14th Street and 15th Street and abandoning the surfaceonly of the Fourteenth Street right-of-way between Block 53, Lot1 Sheldon Addition and Block 52, Lot 6 Sheldon Addition whileretaining a utility easement and a right-of-access for any ownerof Block 52, Lot 6 Sheldon Addition; authorizing disposal of theabandoned properties; directing that the official city street mapbe amended to reflect such change; repealing all ordinances inconflict with this ordinance to the extent of such conflict; makingcertain findings thereto; providing a severability clause; and,providing an effective date. 16 Staff: Knauf
9. RESOLUTIONS
a) Consider a resolution authorizing the City Manager to executea Memorandum of Understanding with West Orange StarkConsolidated Independent School District (WOSCISD) forrelated use of WOSCISD buses for evacuation or WOSCISDfacilities for the purpose of disaster related event in the City ofOrange. 38 Staff: Brown
b) Consider a resolution awarding a contract to Cypress BayouIndustrial Painting in the amount of $160,606.00 for theprotective coating for the 15th Street Elevated Water StorageTank. 42 Staff: Wolf
c) Consider a resolution awarding a contract to L D Construction,Inc. in the amount of $33,636.20 to replace and resurface 1522SY Roadway of West Bluff Road. 45 Staff: Wolf
d) Consider a resolution of the City Council of the City of Orange,Texas opposing Senate Bill 715 or any similar legislation thatwould weaken the City’s ability to annex properties that arelocated within the City’s Extraterritorial Jurisdiction (ETJ). 51 Staff: Trahan
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City Council Meeting, April 11, 2017City of Orange, Texas
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10. DISCUSSION/ACTION
a) Consider a motion to approve the City of Orange EconomicDevelopment Corporation’s Motion concerning a COMMERCIALLEASE AGREEMENT for office space at City Hall in the amountof $150,000.00 as a onetime payment for a period of ten (10)years with one (1) additional ten (10) year renewal option, anda term of April 2017 through March 2027. 65 Staff: Trahan
b) Consider a motion appointing William Brown Claybar to the CivilService Commission for a term ending April 11, 2020. 71 Council Member Guidry
c) Consider a motion appointing Zachary Thomas to the ZoningBoard of Adjustment as an alternate member for a term endingDecember 31, 2018. 74 Staff: Knauf
d) Consider a motion accepting the resignation of James T.Pledger from the Planning and Zoning Commission effectiveMarch 24, 2017 for the term ending September 12, 2017. 78 Staff: Knauf
e) Consider a motion authorizing the City Manager to submit agrant application to the Texas Department of Transportation forfunding under the Transportation Alternatives - Set AsideProgram. 81 Staff: Knauf
f) Consider a motion acknowledging receipt of the OrangeEconomic Development Corporation Financial Report for thequarter ending March 31, 2017. 87 Staff: C. Zeto
g) Consider a motion acknowledging receipt of the OrangeEconomic Development Corporation Investment Report for thequarter ending March 31, 2017. 94 Staff: C. Zeto
11. REPORTS
a) City Manager Report
b) City Council Report
12. ADJOURNMENT
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City Council Meeting, April 11, 2017City of Orange, Texas
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Texas Penal Code 30.06:“Pursuant to Section 30.06, Penal Code (trespass by license holderwith a concealed handgun), a person licensed under Subchapter H,Chapter 411, Government Code (handgun licensing law), may notenter this property with a concealed handgun”
“De conformidad con la Sección 30.06 del código penal (entrada depersona con licencia de portar o llevar armas de mano oculta), unapersona licenciada bajo el subcapítulo H, capítulo 411 del código degobierno (ley de licenciación para portar o llevar armas de mano) nose permite entrar en esta propiedad con “ninguna armas de manooculta”
Texas Penal Code 30.07:“Pursuant to Section 30.07, Penal Code (trespass by license holderwith an openly carried handgun), a person licensed underSubchapter H, Chapter 411, Government Code (handgun licensinglaw), may not enter this property with a handgun that is carriedopenly”
“De conformidad con la Sección 30.07 del código penal (entrada deuna persona con licencia de portar o llevar armas de mano visible),una persona licenciada bajo el subcapítulo H, capítulo 411 delcódigo de gobierno (ley de licenciación para portar o llevar armasde mano visible) no se permite entrar en esta propiedad conninguna “armas de mano visible”
No Firearms AllowedNo se permite ninguna armas de fuego
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STATE OF TEXAS }March 28, 2017
COUNTY OF ORANGE }
BE IT REMEMBERED THAT a Regular Meeting of the Orange City Council of the City of Orange,Orange County, Texas, was held in the Library Auditorium on Tuesday, March 28, 2017.
COUNCIL MEMBERS PRESENT: Jimmy Sims MayorLarry Spears Jr. Mayor Pro TemPatrick A. Pullen Council MemberEssie Bellfield Council MemberBill Mello Council Member
COUNCIL MEMBERS ABSENT: Dr. Wayne Guidry Council MemberAnnette Pernell Council Member
STAFF MEMBERS PRESENT: Dr. Shawn Oubre City Manager Jay Trahan Assistant City Manager,
Director of Economic Development
Patricia Anderson City Secretary Jennifer Krummel Deputy City Secretary
Lane Martin Chief of PoliceDavid Frenzel Fire ChiefCheryl Zeto Director of FinanceJim Wolf Director of Public WorksKelvin Knauf Director of Planning and
C o m m u n i t yDevelopment
Brenna Manasco Library DirectorLee Anne Brown Deputy Fire ChiefBrandy Judice CVB CoordinatorHillary Haynes S o c i a l M e d i a
CoordinatorMike Zeto CIS ManagerMichael Patterson Engineering TechJohn Cash Smith City Attorney
STAFF MEMBERS ABSENT: None
Mayor Sims called the meeting to order at 5:30 PM
Mayor Sims led the Invocation and the Pledge of Allegiance.
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Regular Meeting 2 March 28, 2017
MOTION FINDING THAT THE ADVANCE POSTING AND NOTICE REQUIREMENTS OFARTICLE 8.1200 OF THE CODE OF ORDINANCES OF THE CITY OF ORANGE, TEXAS HAVEBEEN MET IN RELATION TO ALL MINUTES AND PENDING ORDINANCES ANDRESOLUTIONS ON THIS AGENDA AND THAT THE READING OF SUCH ITEMS BE CONFINEDTO THE CAPTION OF THE ORDINANCES AND RESOLUTIONS.
Council Member Bellfield moved to approve the motion. Second to the motion was made by MayorPro Tem Spears which carried unanimously.
APPROVAL OF MINUTES
Council Member Pullen moved to approve the minutes of the November 15, 2016 Joint Meeting ofthe Planning and Zoning Commission and the City Council. Second to the motion was made byMayor Pro Tem Spears which carried unanimously.
Council Member Mello moved to approve the minutes of the March 14, 2017 Regular City CouncilMeeting. Second to the motion was made by Council Member Pullen which carried unanimously.
CITIZEN COMMENTS
Marcus Rector, 4406 Rue Des Fleurs, advised he is concerned about the safety of citizens and theparking along Eddleman Road during baseball/softball season.
Ms. Judice invited citizens to Art in the Park, Saturday, April 8, 2017 from 9:00 a.m. until 4:00 p.m.held in Stark Park.
Jamaal Sanderson, Family Endeavors, advised this agency works with families that were affectedby the flood last March.
Item 8a was moved to this position on the agenda.
MOTION ACKNOWLEDGING RECEIPT OF THE COMPREHENSIVE ANNUAL FINANCIALREPORT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2016, RECEIPT OF THE FEDERALSINGLE AUDIT REPORTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2016 ANDRECEIPT OF THE FINAL COMMUNICATION WITH GOVERNANCE FROM CHARLES E. REEDAND ASSOCIATES, P.C., AS REQUIRED BY SECTION 3.14 OF THE CHARTER OF THE CITYOF ORANGE.
Charles Reed, Charles E. Reed and Associates, P.C., read the Opinions paragraph of theIndependent Auditor’s Report:
In our opinion, the financial statements referred to above present fairly, in all materialrespects, the respective financial position of the governmental activities, the business-typeactivities, the aggregate discretely presented component units, each major fund and theaggregate remaining fund information of the City of Orange, Texas, as of September 30,2016, and the respective changes in financial position, and, where applicable, cash flows
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Regular Meeting 3 March 28, 2017
thereof for the year then ended in accordance with accounting principles generally acceptedin the United States of America.
Mr. Reed advised he is issuing an unqualified or clean audit opinion. He advised the City is in goodshape and thanked the Finance Department.
Milton Bertrolio, Charles E. Reed and Associates, P.C., advised the City is well managed andgoverned and is sound.
Council Member Bellfield moved to approve the motion. Second to the motion was made by CouncilMember Mello which carried unanimously.
ORDINANCES
FINAL READING:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS ADOPTING RULESFOR THE ZONING BOARD OF ADJUSTMENT (“BOA”), REPEALING ALL ORDINANCES INCONFLICT TO THE EXTENT OF ANY CONFLICT, PROVIDING FOR A SEVERABILITY CLAUSE,AND ESTABLISHING AN EFFECTIVE DATE. (FIRST READING MARCH 14, 2017)
Council Member Bellfield moved to approve the ordinance. Second to the motion was made byCouncil Member Pullen which carried unanimously.
A copy of this ordinance is being made a part of these minutes as Ordinance Number 2017-9.
RESOLUTIONS
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS DENYING APRELIMINARY PLAT SUBMITTED BY SAM PEVETO FOR THE CYPRESS SHADOWS IISUBDIVISION.
Council Member Mello moved to approve the resolution. Second to the motion was made by CouncilMember Pullen which carried unanimously.
A copy of this resolution is being made a part of these minutes as Resolution Number 2017-14.
RESOLUTION AWARDING A CONTRACT FOR DISASTER RELATED CATERING SERVICESFOR CITY EMPLOYEES AND APPROVED SUPPORT PERSONNEL TO OLD ORANGE CAFÉ INTHE AMOUNT OF $45.00 PER PERSON PER DAY.
Council Member Bellfield moved to approve the resolution. Second to the motion was made byCouncil Member Mello which carried unanimously.
A copy of this resolution is being made a part of these minutes as Resolution Number 2017-15.
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OFUNDERSTANDING WITH LAMAR STATE COLLEGE ORANGE (LSCO) FOR DISASTER RELATED
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Regular Meeting 4 March 28, 2017
USE OF LSCO FACILITIES AS AN AREA OF DEBARKATION FOR EVACUATION PURPOSES INTHE CITY OF ORANGE.
Council Member Bellfield moved to approve the resolution. Second to the motion was made byCouncil Member Mello which carried unanimously.
A copy of this resolution is being made a part of these minutes as Resolution Number 2017-16.
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OFUNDERSTANDING WITH LITTLE CYPRESS MAURICEVILLE CONSOLIDATED INDEPENDENTSCHOOL DISTRICT (LCMCISD) FOR DISASTER RELATED USE OF LCMCISD BUSES FOREVACUATION FOR LCMCISD FACILITIES FOR THE SOLE PURPOSE OF A DISASTERRELATED EVENT IN THE CITY OF ORANGE.
Council Member Bellfield moved to approve the resolution. Second to the motion was made byCouncil Member Pullen which carried unanimously.
A copy of this resolution is being made a part of these minutes as Resolution Number 2017-17.
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITHMR. GREG WOBBE WITH MPTX AND ASSOCIATES TO PROVIDE FLOOD MITIGATIONCONSULTANT SERVICES PERTAINING TO REAL PROPERTY LOCATED AT 3809 HUNTWICK,ORANGE, TEXAS 77632.
Council Member Pullen moved to approve the resolution. Second to the motion was made byCouncil Member Mello which carried unanimously.
A copy of this resolution is being made a part of these minutes as Resolution Number 2017-18.
DISCUSSION/ACTION
MOTION APPROVING AN AGREEMENT BETWEEN THE STARK FOUNDATION AND THE CITYOF ORANGE FOR THE LEASE OF STARK PARK FOR ART IN THE PARK 2017, WHICH ISSCHEDULED FOR SATURDAY, APRIL 8, 2017, DURING THE HOURS OF 9 A.M. - 4 P.M.
Council Member Bellfield moved to approve the motion. Second to the motion was made by CouncilMember Mello which carried unanimously.
CITY MANAGER REPORT
Dr. Oubre advised there will be a discussion/action item on the April 11, 2017 Council Meetingregarding a TXDOT Street Enhancement Grant. There will also be two Joint Meetings of thePlanning and Zoning Commission and the City Council; April 4, 2017 at 5:30 p.m. and April 18, 2017at 5:30 p.m. He complemented Ms. Zeto and Ms. Jackson on their hard work preparing the audit.He also complemented Ms. Manasco and Mr. Wolf on the re-striping of the parking lot at the Library.
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Regular Meeting 5 March 28, 2017
CITY COUNCIL REPORT
Council Member Pullen encouraged citizens to attend Art in the Park; help reduce littering; andreminded citizens hurricane session is coming up.
Council Member Bellfield thanked the citizens who attended the meeting and City staff.
Council Member Mello advised there will be a blood drive at Wal-Mart on April 8, 2017.
Mayor Pro Tem Spears thanked the Finance Department for a great job done on the Fiscal Year2016 Audit.
ADJOURNMENT
There being no further business before the Council, Mayor Pro Tem Spears moved to adjourn themeeting which carried unanimously.
The meeting adjourned at 6:15 PM
Jimmy Sims, Mayor
ATTEST:
Patricia Anderson, City Secretary
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Proclamation OFFICE OF THE MAYOR
City of Orange WHEREAS Sexual Assault Awareness Month calls attention to the fact that sexual violence is widespread and impacts every
person in this community; and
WHEREAS rape, sexual assault, and sexual harassment harm our community, and statistics show one in five women and onein 71 men will be raped at some point in their lives; and
WHEREAS child sexual abuse prevention must be a priority to confront the reality that one in six boys and one in four girlswill experience a sexual assault before age 18; and
WHEREAS young people experience heightened rates of sexual violence, and youth ages 12-17 were 2.5 times as likely tobe victims of rape or sexual assault; and
WHEREAS the theme of this year’s Sexual Assault Awareness Month’s campaign is, “Engaging New Voices.” The campaigncalls on new partners and community members to help expand sexual assault prevention efforts and ensure thenext generation fosters attitudes that promote healthy relationships, equality, and respect;
NOW THEREFORE I, Jimmy Sims, Mayor of the City of Orange, Texas, do hereby proclaim the month of April 2017 as
SEXUAL ASSAULT AWARENESS MONTH
and join The Rape and Suicide Crisis Center of Southeast Texas, and communities across the country in takingaction to prevent sexual violence. Also, reaffirm Orange, Texas commitment to be on the forefront of engagingnew voices this month and throughout the year; and to express our sincere gratitude and appreciation for thosecommunity members, victim service providers, and criminal justice professionals who are committed toimproving our response to all survivors of sexual violence so that they may continue to heal and thrive.
IN WITNESS WHEREOF I have hereunto set my hand and have caused the seal of the City of Orange, Texas to be hereto affixed thisthe 11th day of April, 2017.
Jimmy Sims, Mayor
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MOTION
Motion accepting the resignation of James T. Pledger from the Planning and Zoning Commission effective March 24, 2017 for the term ending September 12, 2017.
Jimmy Sims, Mayor
ATTEST:
Patricia Anderson, City Secretary
April 11, 2017
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MEMORANDUM
To: Dr. Shawn Oubre Ph.D., City Manager
From: Kelvin Knauf, Director of Planning and Community Development
Subject: Consider accepting the resignation of James T. Pledger, Jr. from the Planning and Zoning Commission
Date: March 27, 2017
Background
Attached is a letter from James T. Pledger, Jr. resigning from the Planning and Zoning Commission effective March 24, 2017. Mr. Pledger initially was appointed to the Planning and Zoning Commission on October 8, 2013 and his term expires on September 12, 2017. Mr. Pledger’s resignation leaves the Planning and Zoning Commission with one vacancy.
Recommendation
I recommend that the City Council accept the resignation of James T. Pledger, Jr. from the Planning and Zoning Commission effective March 24, 2017 for the term ending September 12, 2017.
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MOTION
Motion authorizing the city manager to submit a grant application to the Texas Department of
Transportation for funding under the Transportation Alternatives‐Set Aside program.
Jimmy Sims, Mayor
ATTEST:
Patricia Anderson, City Secretary
April 11, 2017
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MEMORANDUM
To: Dr. Shawn Oubre Ph.D., City Manager
From: Kelvin Knauf, Director of Planning and Community Development
Subject: Consider applying to the Texas Department of Transportation for funding under the Transportation Alternatives-Set Aside program
Date: March 31, 2017
Background
The Texas Department of Transportation has announced that grant opportunities are available under the Transportation Alternatives-Set Aside program. This program is limited to any unit of local government below a State government agency except for Metropolitan Planning Organizations; regional transportation authorities; transit agencies; a natural resource or public land agency; a school district, a local education agency, or school; tribal governments; a nonprofit agency responsible for the administration of local transportation safety programs; or any other local or regional governmental entity with responsibility for, or oversight of, transportation or recreational trails.
The eligible projects are:
On-road bicycle improvements Off-road shared use paths Infrastructure improvements on an abandoned railroad corridor to facilitate non-motorized
transportation Sidewalks Infrastructure improvements to provide safer routes to school Infrastructure-related projects to improve safety for non-motorized transportation.
The project sponsor must commit to provide a local funding match of at least 20% of the allowable construction and department oversight costs, subject to any allowable adjustment for authorized in-kind contributions and/or an adjustment for an eligible project located in an economically disadvantaged county. The local funding match is a cash match or a combination of cash and in-kind contributions provided by or through the project sponsor. An in-kind contribution may include only actual, documented costs incurred by the project sponsor for the development of project plans, specifications, and estimates, including environmental documentation.
Cost incurred prior to execution of the local agreement or prior to federal and state approval and authorization to proceed are not eligible for consideration as in-kind contributions.
Funds from other federal programs may be used as local funding match only when specifically authorized by federal law or regulation.
Donated services may not be accepted as local funding match, but may be used to reduce the overall cost of the project.
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If a project selected by the commission is implemented by the department, the project sponsor must provide the local funding match prior to the commencement of project activities for each phase of work as outlined in the local agreement.
Projects selected by the commission will include an administrative fee for the cost of department oversight. The local funding match associated with the department’s administrative cost must be provided in cash.
In the past, the cities of Nederland and Port Neches have received grant funds for improvements to sidewalks, including planters, decorative street lighting, benches, and crosswalks made of brick. Pictures showing the improvements are attached.
The City Council should decide whether to participate in the grant program and, if so, provide ideas as to the kinds of improvements and location(s) where they would like to see the improvements.
The deadline for submitting applications is May 22, 2017.
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PlantersBenches
Decorative Street Lighting
New sidewalks
Brick inlaid crosswalks
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Streetscape
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Streetscape
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