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City Council Meeting, May 12, 2020City of Orange, Texas
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MEETING AGENDA
ORANGE CITY COUNCILTELEPHONIC/VIDEO CONFERENCE MEETING
May 12, 20209:00 a.m.
NOTICE IS HEREBY GIVEN in accordance with order of the Office of the Governor issued March 16, 2020, the CityCouncil of the City of Orange will conduct its Regular Meeting scheduled for May 12, 2020 at 9:00 a.m., located atthe Orange Public Library Auditorium (City Council Chambers), 220 N. 5th Street, Orange, Texas 77630 viatelephonic/video conference in order to advance the public health goal of limiting face-to-face meetings (also called“social distancing”) to slow the spread of the Coronavirus (COVID-19). There will be no public access to the locationabove.
This Notice and Agenda Packet are posted online at www.orangetexas.net.
There are three ways to participate in the Meeting:(1) Join the Meeting from your computer or tablet hosted through GoToMeeting (video):
https://global.gotomeeting.com/join/284676493(2) Join the Meeting from your smartphone hosted through GoToMeeting (video): Install the GoToMeeting
Business App and the Meeting ID Number is: 284-676-493(3) Join the Meeting from your phone hosted through GoToMeeting (telephonic): Public Toll-Free Dial-In-Number
is : 1-877-568-4106 and the Access Code Number is: 284-676-493
The public will be permitted to offer public comments as provided by the agenda and as permitted by thepresiding officer during the meeting.
A recording of the telephonic/video meeting will be made, and will be available to the public in accordance withthe Open Meetings Act upon written request.
1. CALL TO ORDER Mayor
2. IDENTIFICATION OF A QUORUM (ROLL CALL) Mayor
3. INVOCATION and PLEDGE OF ALLEGIANCE Mayor
4. 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
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City Council Meeting, May 12, 2020City of Orange, Texas
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5. APPROVAL OF MINUTES
a) April 28, 2020 Regular City Council Meeting 5 Mayor/Council
6. 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. A member of the audience that desires to speakduring the City Council’s consideration of any specific agenda itemis requested to notify City staff prior to the start of the meeting.
7. CITY ANNOUNCEMENTS
a) Update on any City events. Staff
8. DISCUSSION/ACTION
a) Consider a motion acknowledging receipt of the OrangeEconomic Development Corporation’s Annual Financial Reportand Audit Report as presented by BrooksWatson & Co., PLLCfor the fiscal year ending September 30, 2019. 12
Jon Watson, BrooksWatson& Co., PLLC
b) Consider a motion acknowledging receipt of a letter from theoffice of Governor Greg Abbott Economic Development &Tourism stating the approval of a Texas Enterprise ProjectDesignation for INVISTA, 2739 FM 1006, Orange, Texas, for afive year period of March 2, 2020 - March 3, 2025. 27 Staff: Trahan
c) Consider a motion acknowledging receipt of the OrangeEconomic Development Corporation Financial Report for thequarter ending March 31, 2020. 31 Staff: Cheryl Zeto
d) Consider a motion acknowledging receipt of the OrangeEconomic Development Corporation Investment Report for thequarter ending March 31, 2020. 40 Staff: Cheryl Zeto
e) Consider a motion to accept the Evaluation Committee’srecommendation for Architectural Services for the proposedRecreation Center to Architects Inc. (AI) of Bridge City, Texas. 42 Staff: Kunst
f) Discussion regarding the Coronavirus (COVID-19). Staff: Kunst
9. RESOLUTION Staff: Kunst
a) Resolution authorizing the City Manager to execute ChangeOrder No. 2 with Elite Contractors and Equipment LTD for theReconstruction of Bridge Approach and Roadway. 83 Staff: Wolf
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City Council Meeting, May 12, 2020City of Orange, Texas
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10. REPORTS
a) City Manager Report
b) City Council Report
11. ADJOURNMENT
If, during the course of the meeting and discussion of any itemscovered by this notice, City Council determines that a ClosedExecutive Session of the Council is required, then such closedmeeting will be held as authorized by Texas Government Code,Chapter 551, Section 551.071 - consultation with counsel on legalmatters; Section 551.072 - deliberation regarding purchase,exchange, lease or value of real property; Section 551.073 -deliberation regarding a prospective gift; Section 551.074 -personnel matters regarding the appointment, employment,evaluation, reassignment, duties, discipline, or dismissal of a publicofficer or employee; Section 551.076 - implementation of securitypersonnel or devices; Section 551.087 - deliberation regardingeconomic development negotiation; Section 551.089 - deliberationregarding security devices or security audits, and/or other mattersas authorized under the Texas Government Code. If a Closed orExecutive Session is held in accordance with the TexasGovernment Code as set out above, the City Council will reconvenein Open Session in order to take action, if necessary, on the itemsaddressed during Executive Session.
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City Council Meeting, May 12, 2020City 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 }April 28, 2020
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 via telephonic/video conference in the Library Auditorium (CityCouncil Chambers) on Tuesday, April 28, 2020.
COUNCIL MEMBERS PRESENT: Larry Spears Jr. Mayor
COUNCIL MEMBERS VIA TELEPHONIC/VIDEO CONFERENCE: Patrick Pullen Mayor Pro-Tem
Brad Childs Council MemberTerrie T. Salter Council MemberMary McKenna Council MemberCaroline Hennigan Council MemberPaul Burch Council Member
COUNCIL MEMBERS ABSENT: None
STAFF MEMBERS PRESENT: Michael Kunst City Manager Patricia Anderson City SecretaryJennifer Krummel Deputy City SecretaryMike Zeto CIS Manager
STAFF MEMBERS VIA TELEPHONIC/VIDEO CONFERENCE: Jay Trahan Assistant City Manager,
Director of EconomicDevelopment
Cheryl Zeto Director of FinanceLane Martin Chief of PoliceKelvin Knauf Director of Planning &
Community DevelopmentJim Wolf Director of Public WorksBrenna Manasco Library DirectorDavid Frenzel Fire ChiefGuy Goodson City AttorneyJohn Cash Smith City Attorney
STAFF MEMBERS ABSENT: None
Mayor Spears called the meeting to order at 5:30 p.m.
Mayor Spears called an identification of a quorum (roll call).
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Regular Meeting 2 April 28, 2020
Mayor Spears called an identification of senior staff (roll call).
Mayor Spears led the Invocation and the Pledge of Allegiance.
MOTION FINDING THAT THE ADVANCE POSTING AND NOTICE REQUIREMENTS OF ARTICLE8.1200 OF THE CODE OF ORDINANCES OF THE CITY OF ORANGE, TEXAS HAVE BEEN METIN RELATION TO ALL MINUTES AND PENDING ORDINANCES AND RESOLUTIONS ON THISAGENDA AND THAT THE READING OF SUCH ITEMS BE CONFINED TO THE CAPTIONS AS ARE AGREED UPON BY THE ORDINANCES AND RESOLUTIONS.
Council Member Childs moved to approve the motion. Second to the motion was made by CouncilMember Salter which carried with the following vote:
COUNCIL MEMBERS VOTING AYE: Mayor Spears, Mayor Pro-Tem Pullen, CouncilMember Childs, Council Member Salter,Council Member McKenna, Council MemberHennigan and Council Member Burch
COUNCIL MEMBERS VOTING NO: None
APPROVAL OF MINUTES
Council Member Hennigan moved to approve the minutes of the April 14, 2020 Regular City CouncilMeeting. Second to the motion was made by Council Member Salter which carried with the followingvote:
COUNCIL MEMBERS VOTING AYE: Mayor Spears, Mayor Pro-Tem Pullen, CouncilMember Childs, Council Member Salter,Council Member McKenna, Council MemberHennigan and Council Member Burch
COUNCIL MEMBERS VOTING NO: None
CITIZEN COMMENTS
There were no citizen comments.
CITY ANNOUNCEMENTS
UPDATE ON ANY CITY EVENTS.
Mr. Kunst advised Ida Schossow, President of the Greater Orange Chamber of Commerce, wanted
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Regular Meeting 3 April 28, 2020
to inform the citizens that the Bassmaster Elite Series/Riverfront Festival scheduled for May 29-June1, 2020 has been rescheduled for November 12-15, 2020 due to COVID-19.
Mr. Trahan advised the Orange Convention and Visitors Bureau is hosting an April Acoustics Seriesand the next live stream will be Thursday, April 30, 2020 at 7:00 p.m., featuring artist Britt Godwin.
DISCUSSION/ACTON
MOTION ACKNOWLEDGING RECEIPT OF THE COMPREHENSIVE ANNUAL FINANCIALREPORT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2019, RECEIPT OF THE OVERALLCOMPLIANCE AND INTERNAL CONTROL REPORT FOR THE FISCAL YEAR ENDINGSEPTEMBER 30, 2019 AND RECEIPT OF THE FINAL COMMUNICATION WITH GOVERNANCEFROM BROOKSWATSON & CO., PLLC AS REQUIRED BY SECTION 3.14 OF THE CHARTER OFTHE CITY OF ORANGE.
Mr. Watson presented an Audit Presentation, September 30, 2019. He advised the City received anunmodified opinion, highest level of assurance. A copy of this Presentation is included in and beingmade a part of these minutes.
Council Member Burch moved to approve the motion. Second to the motion was made by CouncilMember Salter which carried with the following vote:
COUNCIL MEMBERS VOTING AYE: Mayor Spears, Mayor Pro-Tem Pullen, CouncilMember Childs, Council Member Salter,Council Member McKenna, Council MemberHennigan and Council Member Burch
COUNCIL MEMBERS VOTING NO: None
ORDINANCES
FINAL READING:
ORDINANCE BY THE CITY OF ORANGE, TEXAS (“CITY”) DENYING THE DISTRIBUTION COSTRECOVERY FACTOR RATE INCREASE REQUEST OF ENTERGY TEXAS, INC. FILED ONMARCH 31, 2020; SETTING JUST AND REASONABLE RATES FOR ENTERGY TEXAS, INC. FORSERVICE WITHIN THE MUNICIPAL LIMITS; FINDING THAT THE MEETING COMPLIES WITHTHE OPEN MEETINGS ACT; MAKING OTHER FINDINGS.
Council Member Hennigan moved to approve the ordinance. Second to the motion was made byCouncil Member Salter which carried with the following vote:
COUNCIL MEMBERS VOTING AYE: Mayor Spears, Mayor Pro-Tem Pullen, CouncilMember Childs, Council Member Salter,Council Member McKenna, Council MemberHennigan and Council Member Burch
COUNCIL MEMBERS VOTING NO: None
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Regular Meeting 4 April 28, 2020
A copy of this ordinance is being made a part of these minutes as Ordinance Number 2020-08.
FINAL READING:
ORDINANCE AMENDING THE ADOPTED BUDGET FOR THE FISCAL YEAR BEGINNINGOCTOBER 1, 2019 AND ENDING ON SEPTEMBER 30, 2020 IN ACCORDANCE WITH THECHARTER OF THE CITY OF ORANGE, TEXAS.
Council Member Salter moved to approve the ordinance. Second to the motion was made byCouncil Member Hennigan which carried with the following vote:
COUNCIL MEMBERS VOTING AYE: Mayor Spears, Mayor Pro-Tem Pullen, CouncilMember Childs, Council Member Salter,Council Member McKenna, Council MemberHennigan and Council Member Burch
COUNCIL MEMBERS VOTING NO: None
A copy of this ordinance is being made a part of these minutes as Ordinance Number 2020-09.
RESOLUTIONS
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 WITH A&AELECTRIC COMPANY, INC. FOR THE GENERATOR INSTALLATION FOR CITY HALL.
Council Member Childs moved to approve the resolution. Second to the motion was made by MayorPro-Tem Pullen which carried the following vote:
COUNCIL MEMBERS VOTING AYE: Mayor Spears, Mayor Pro-Tem Pullen, CouncilMember Childs, Council Member Salter,Council Member McKenna, Council MemberHennigan and Council Member Burch
COUNCIL MEMBERS VOTING NO: None
A copy of this resolution is being made a part of these minutes as Resolution Number 2020-36.
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER UTILITYAGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUTUREPROJECTS RELOCATION.
Council Member Childs moved to approve the resolution. Second to the motion was made byCouncil Member Hennigan which carried the following vote:
COUNCIL MEMBERS VOTING AYE: Mayor Spears, Mayor Pro-Tem Pullen, CouncilMember Childs, Council Member Salter,
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Regular Meeting 5 April 28, 2020
Council Member McKenna, Council MemberHennigan and Council Member Burch
COUNCIL MEMBERS VOTING NO: None
A copy of this resolution is being made a part of these minutes as Resolution Number 2020-37.
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 WITHBETTER BUILT BUILDINGS FOR THE RIVERSIDE PAVILION.
Council Member Childs moved to approve the resolution. Second to the motion was made byCouncil Member Hennigan which carried the following vote:
COUNCIL MEMBERS VOTING AYE: Mayor Spears, Mayor Pro-Tem Pullen, CouncilMember Childs, Council Member Salter,Council Member McKenna, Council MemberHennigan and Council Member Burch
COUNCIL MEMBERS VOTING NO: None
A copy of this resolution is being made a part of these minutes as Resolution Number 2020-38.
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 2 WITHBETTER BUILT BUILDINGS FOR THE RIVERSIDE PAVILION.
Council Member Childs moved to approve the resolution. Second to the motion was made byCouncil Member Burch which carried the following vote:
COUNCIL MEMBERS VOTING AYE: Mayor Spears, Mayor Pro-Tem Pullen, CouncilMember Childs, Council Member Salter,Council Member McKenna and CouncilMember Burch
COUNCIL MEMBERS VOTING NO: None
* Council Member Hennigan had to disconnect from the meeting and was unable to vote dueto difficulty with her cell phone.
A copy of this resolution is being made a part of these minutes as Resolution Number 2020-39.
* Council Member Hennigan was able to join the meeting.
RESOLUTION REAFFIRMING ORDINANCE 1996-6 PROVIDING FOR HOMESTEADEXEMPTIONS ON AD VALOREM (PROPERTY) TAXES FOR THE TAXABLE YEAR 2020.
Council Member Childs moved to approve the resolution. Second to the motion was made by MayorPro-Tem Pullen which carried the following vote:
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Regular Meeting 6 April 28, 2020
COUNCIL MEMBERS VOTING AYE: Mayor Spears, Mayor Pro-Tem Pullen, CouncilMember Childs, Council Member Salter,Council Member McKenna, Council MemberHennigan and Council Member Burch
COUNCIL MEMBERS VOTING NO: None
A copy of this resolution is being made a part of these minutes as Resolution Number 2020-40.
DISCUSSION/ACTION
MOTION ACKNOWLEDGING RECEIPT OF THE QUARTERLY INVESTMENT REPORT FOR THEPERIOD ENDING MARCH 31, 2020.
Council Member McKenna moved to approve the motion. Second to the motion was made byCouncil Member Hennigan which carried the following vote:
COUNCIL MEMBERS VOTING AYE: Mayor Spears, Mayor Pro-Tem Pullen, CouncilMember Childs, Council Member Salter,Council Member McKenna, Council MemberHennigan and Council Member Burch
COUNCIL MEMBERS VOTING NO: None
MOTION APPROVING THE ACCEPTANCE OF THE NEWLY CONSTRUCTED 15TH STREETFROM THE IH-10 FRONTAGE ROAD SOUTH TO THE ENTRANCE TO THE CITY OF ORANGEELEVATED WATER TOWER BY JADCO PARTNERS, LTD., WITH THE CONDITION THAT JADCOMUST COMPLETE THE STORM DRAINAGE PLAN WITH UNION PACIFIC RAILROAD.
Council Member Salter moved to approve the motion. Second to the motion was made by CouncilMember Hennigan which carried the following vote:
COUNCIL MEMBERS VOTING AYE: Mayor Spears, Mayor Pro-Tem Pullen, CouncilMember Childs, Council Member Salter,Council Member McKenna, Council MemberHennigan and Council Member Burch
COUNCIL MEMBERS VOTING NO: None
DISCUSSION REGARDING THE CORONAVIRUS (COVID-19).
Mr. Kunst briefed Council on the orders issued by Governor Abbott on the phases to re-open Texas.He advised that all City employees will be notified to report back to work on Thursday, April 30,2020.
Council Member Childs asked if the Disaster Declaration has ended. Mr. Kunst advised no, that weare under the Governor’s orders.
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Regular Meeting 7 April 28, 2020
Mayor Spears advised the curfew ordinance and the one person per household allowed in storeshas been lifted.
Mr. Kunst advised the City of Orange’s juvenile curfew ordinance is still in place.
Council Member Burch advised he was unaware of the City having its own juvenile curfewordinance. Mr. Kunst advised that Chief Martin will contact him regarding the ordinance.
CITY MANAGER REPORT
No report was given.
CITY COUNCIL REPORT
Mayor Pro-Tem Pullen thanked Mr. Zeto for setting up the GoToMeeting.
Council Member Childs advised Orange has received a lot of hard rain today and for the most partthe rain has drained fairly well. He advised the area between CVS and Taco Bell on 16th Street areawas over flowing from the drains. He advised the worst area was in the Oak Creek Addition, 4705to 4711 Oak Valley.
Council Member McKenna encouraged citizens to continue with safety measures due to COVID-19.
Council Member Hennigan advised the drainage ditch in the Oak Creek Addition needs to becleaned out.
Council Member Burch offered kuddos to Council Member McKenna for addressing issues in theCove Addition.
Mayor Spears thanked everyone for participating in the Council Meeting.
ADJOURNMENT
There being no further business before the Council, Council Member Salter moved to adjourn themeeting which carried unanimously.
The meeting adjourned at 6:27 p.m.
Larry Spears Jr., Mayor
ATTEST:
Patricia Anderson, City Secretary
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