meeting agenda orange city council orange public library ... · 1/1/2020 · b) consider a...

City Council Meeting, January 14, 2020City of Orange, Texas

MEETING AGENDA

ORANGE CITY COUNCILOrange Public Library Auditorium

220 N. Fifth StreetOrange, Texas

January 14, 20209:00 a.m.

1. CALL TO ORDER Mayor

2. INVOCATION and PLEDGE OF ALLEGIANCE Council Member Childs

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) October 22, 2019 Orange Economic Development CorporationMeeting 5 Mayor/Council

b) December 3, 2019 Special Call City Council Meeting 9 Mayor/Council

c) December 10, 2019 Regular City Council Meeting 11 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. 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.

Page 1 of 61


6. PUBLIC HEARING

a) Conduct a public hearing on a proposed replat submitted bySteven Chachere for lots 1-3 and 46-48, Block 4, WoodshireManor Section No. 2 subdivision into Tract 1-A, Block 4,Woodshire Manor, Section 2 subdivision also known as 2425Florence Drive. 18 Staff: Knauf

7. DISCUSSION/ACTION

a) Discussion and possible action regarding a proposed replatsubmitted by Steven Chachere for lots 1-3 and 46-48, Block 4,Woodshire Manor Section No. 2 subdivision into Tract 1-A,Block 4, Woodshire Manor, Section 2 subdivision also known as2425 Florence Drive. 22 Staff: Knauf

b) Consider a motion re-appointing Tiffany Bell to the Board ofAdjustment as a regular member for a term expiring December31, 2021. 26 Staff: Knauf

c) Discussion and possible action regarding the appraisal of theBellon Property located at 3702 Huntwick Drive, Orange, Texas. 28 Staff: Brown

8. RESOLUTIONS

a) Consider a resolution awarding a contract to Pamela Dodsondba LD Construction in the amount of $154,856 for the AlliePayne Road Repair Project. 29 Staff: Wolf

b) Consider a resolution awarding a contract to Elite Contractorsand Equipment LTD in the amount of $168,703 for theReconstruction of Bridge Approach and Roadway. 34 Staff: Wolf

c) Consider a resolution authorizing the City Manager to executeChange Order No. 1 with Shaver Construction & ContractingServices for the Tulane Road South Side Force MainReplacement. 38 Staff: Wolf

d) Consider a resolution acknowledging Arceneaux Wilson & ColeLLC, Fittz & Shipman, Inc., Schaumburg & Polk, Inc., ActionCivil Engineers, PLLC, and Sigma Engineers meet procurementqualifications to provide engineering services on behalf of theCity of Orange. 47 Staff: Wolf

e) Consider a resolution authorizing the City Manager to extendthe Consultant Services Agreement with MuniServices, LLC onbehalf of the City of Orange. 50 Staff: Cheryl Zeto

9. REPORTS

a) City Manager Report

b) City Council Report

Page 2 of 61


10. ADJOURN TO CLOSED EXECUTIVE SESSION

a) Deliberation with City Attorney pursuant to Chapter 551 of theTexas Government Code:

(1) Deliberation Regarding Economic DevelopmentNegotiations - Deliberation regarding real estatedevelopment project proposal pursuant to TexasGovernment Code, Section 551.087 - regardingupdate on the proposed Chevron Phillips ChemicalCompany LP Project. Mayor/Council

11. RECONVENE IN OPEN SESSION

a) Take action as necessary regarding items 10 a (1) above. Mayor/Council

12. 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.

Page 3 of 61


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

Page 4 of 61

STATE OF TEXAS }December 3, 2019

COUNTY OF ORANGE }

BE IT REMEMBERED THAT a Special Call Meeting of the Orange City Council of the City ofOrange, Orange County, Texas, was held in the Library Auditorium on Tuesday, December 3, 2019.

COUNCIL MEMBERS PRESENT: Larry Spears Jr. MayorPatrick A. Pullen Mayor Pro-TemBrad Childs Council MemberTerrie T. Salter Council MemberMary McKenna Council MemberCaroline Hennigan Council MemberPaul Burch Council Member

COUNCIL MEMBERS ABSENT: None

STAFF MEMBERS PRESENT: Mike Kunst City Manager Jay Trahan Assistant City Manager,

Director of Economic Development

Patricia Anderson City SecretaryLane Martin Chief of PoliceLeigh Anne Dallas Events Manager/EDC

Assistant

STAFF MEMBERS ABSENT: None

Mayor Spears called the meeting to order at 5:30 p.m.

Mayor Spears led the Invocation and the Pledge of Allegiance.

CITIZEN COMMENTS

Rita Ballard, Service League of Orange, invited the citizens to attend the 63rd Annual Toy Coffee,Thursday, December 5, 2019 from 10:00 a.m. until 2:00 p.m. The event will be held at the homeof Paul and Raul Burch located at 1866 Lindenwood Drive.

ORDINANCE

First Reading:

ORDINANCE OF THE CITY OF ORANGE, TEXAS AUTHORIZING THE SUSPENSION OF THE

of 61

Special Call Meeting 2 December 3, 2019

EFFECTIVE DATE FOR AN ADDITIONAL NINETY (90) DAYS BEYOND THE EFFECTIVE DATEPROPOSED BY CENTERPOINT IN CONNECTION WITH ITS STATEMENT OF INTENT TOINCREASE RATES FOR CENTERPOINT’S BEAUMONT/EAST TEXAS DIVISION, FILED ONNOVEMBER 14, 2019; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS;AUTHORIZING THE CITY’S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW ATTHE RAILROAD COMMISSION OF TEXAS; REQUIRING REIMBURSEMENT OF MUNICIPALRATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPENMEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;AND DECLARING AN EFFECTIVE DATE. Mayor Pro-Tem Pullen moved to approve the ordinance. Second to the motion was made byCouncil Member Burch which carried unanimously.

ADJOURNMENT

There being no further business before the Council, Council Member Burch moved to adjourn themeeting. Second to the motion was made by Council Member Hennigan which carriedunanimously.

The meeting adjourned at 5:34 p.m.

Larry Spears Jr., Mayor

ATTEST:

Patricia Anderson, City Secretary

of 61

STATE OF TEXAS }December 10, 2019

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, December 10, 2019.

COUNCIL MEMBERS PRESENT: Larry Spears Jr. MayorPatrick A. Pullen Mayor Pro-TemBrad Childs Council MemberTerrie T. Salter Council MemberMary McKenna Council MemberCaroline Hennigan Council MemberPaul Burch Council Member

COUNCIL MEMBERS ABSENT: None

STAFF MEMBERS PRESENT: Mike Kunst City Manager Jay Trahan Assistant City Manager/

Director of Economic Development

Patricia Anderson City SecretaryJennifer Krummel Deputy City SecretaryLane Martin Chief of PoliceCheryl Zeto Director of FinanceKelvin Knauf Director of Planning &

C o m m u n i t yDevelopment

Jim Wolf Director of Public WorksBrenna Manasco Library DirectorDavid Frenzel Fire ChiefLee Anne Brown Deputy Fire ChiefLeigh Anne Dallas Event Manager/EDC

AssistantMike Zeto CIS ManagerKelly Griffin Police Evidence & ID

TechGuy Goodson City Attorney

STAFF MEMBERS ABSENT: None

Mayor Spears called the meeting to order at 9:00 a.m.

Mayor Pro-Tem Pullen led the Invocation and the Pledge of Allegiance.

of 61

Regular Meeting 2 December 10, 2019

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 CAPTIONS AS ARE AGREED UPON BY THE ORDINANCES AND RESOLUTIONS.

Council Member Burch moved to approve the motion. Second to the motion was made by CouncilMember McKenna which carried unanimously.

APPROVAL OF MINUTES

Council Member Childs moved to approve the minutes of the November 5, 2019 Special Call CityCouncil Meeting. Second to the motion was made by Mayor Pro-Tem Pullen which carriedunanimously.

Council Member Salter moved to approve the minutes of the November 12, 2019 Regular CityCouncil Meeting. Second to the motion was made by Council Member Burch which carriedunanimously.

CITIZEN COMMENTS

Henry Lowe, 106 W. Dewey Avenue, thanked everyone for their prayers during his illness. He alsothanked Council for the improvements that are being made to the east side of town.

ORDINANCES

Final Reading:

ORDINANCE OF THE CITY OF ORANGE, TEXAS AUTHORIZING THE SUSPENSION OF THEEFFECTIVE DATE FOR AN ADDITIONAL NINETY (90) DAYS BEYOND THE EFFECTIVE DATEPROPOSED BY CENTERPOINT IN CONNECTION WITH ITS STATEMENT OF INTENT TOINCREASE RATES FOR CENTERPOINT’S BEAUMONT/EAST TEXAS DIVISION, FILED ONNOVEMBER 14, 2019; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS;AUTHORIZING THE CITY’S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW ATTHE RAILROAD COMMISSION OF TEXAS; REQUIRING REIMBURSEMENT OF MUNICIPALRATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPENMEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;AND DECLARING AN EFFECTIVE DATE. (First reading December 3, 2019)

Council Member Burch moved to approve the ordinance. Second to the motion was made byCouncil Member Hennigan which carried unanimously.

A copy of this ordinance is being made a part of these minutes as Ordinance Number 2019-27.

of 61


PUBLIC HEARING

CONDUCT A PUBLIC HEARING REGARDING A RESIDENTIAL TAX ABATEMENT PROGRAM.

The public hearing began at 9:06 a.m.

Mr. Knauf briefed Council on the Tax Abatement Guidelines.

There were no citizen comments.

The public hearing closed at 9:13 a.m.

RESOLUTIONS

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS ESTABLISHING THEGUIDELINES AND CRITERIA FOR TAX ABATEMENT AGREEMENTS FOR USE IN THE CITY’SR E S I D E N T I A L T A X A B A T E M E N T P R O G R A M T O P R O M O T EDEVELOPMENT/REDEVELOPMENT IN CERTAIN AREAS OF THE CITY; FINDING THAT THEMEETING COMPLIES WITH THE OPEN MEETINGS ACT.

Council Member Childs moved to approve the resolution. Second to the motion was made byCouncil Member Hennigan which carried unanimously.

A copy of this resolution is being made a part of these minutes as Resolution Number 2019-97.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS ESTABLISHINGREINVESTMENT ZONES FOR ELIGIBILITY IN THE CITY’S RESIDENTIAL TAX ABATEMENTPROGRAM TO PROMOTE DEVELOPMENT/REDEVELOPMENT IN CERTAIN AREAS OF THECITY; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT.

Mr. Knauf advised this is a Pilot Program and that there are four areas located on the east side oftown that are being considered.

Mayor Spears moved to approve the resolution along with all four areas that are being consideredfor the Program. Second to the motion was made by Council Member Burch which carriedunanimously.


RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FORPRE-STORM DISASTER RECOVERY SERVICES WITH ASHBRITT, INC.

Mayor Pro-Tem Pullen moved to approve the resolution. Second to the motion was made byCouncil Member Hennigan which carried unanimously.


of 61


RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FORDISASTER RECOVERY MONITORING SERVICES WITH TETRA TECH, INC.

Mayor Spears moved to approve the resolution. Second to the motion was made by CouncilMember Childs which carried unanimously.


Items 11. a) (1) and11. a) (2) were moved to this position on the agenda.

ADJOURN TO CLOSED EXECUTIVE SESSION

11. a) Deliberation with City Attorney pursuant to Chapter 551 of the Texas GovernmentCode:

(1) Deliberation Regarding Economic Development Negotiations - Deliberationregarding real estate development project proposal pursuant to TexasGovernment Code, Section 551.087 - regarding update on the proposedChevron Phillips Chemical Company LP Project

(2) Deliberation with legal counsel pursuant to Texas Government Code,Chapter 551.071 - Consultation on Collective Bargaining Agreementnegotiations with the International Association of Firefighters, Local #1432.

The Council met in a closed executive session at 9:22 a.m.

RECONVENE IN OPEN SESSION

The Council reconvened in open session at 10:14 a.m.

TAKE ACTION AS NECESSARY REGARDING ITEMS 11 a (1) and 11 a (2) ABOVE.

No action was taken.

RESOLUTION WHICH ALLOWS THE CITY TO ENTER INTO A STANDARD UTILITYAGREEMENT WITH TXDOT FOR THE IH 10 WATERLINE RELOCATION AT THE ADAMSBAYOU CROSSING.

Council Member Childs moved to approve the resolution. Second to the motion was made byCouncil Member McKenna which carried unanimously.


of 61


RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITHSCHAUMBURG & POLK FOR AN AMOUNT NOT TO EXCEED $93,400 FOR PROFESSIONALENGINEERING SERVICES FOR THE IH 10 AT ADAMS BAYOU UTILITY RELOCATION.

Mayor Pro-Tem Pullen moved to approve the resolution. Second to the motion was made byCouncil Member Childs which carried unanimously.


RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 2WITH EXCAVATION & CONSTRUCTION, LLC FOR COOPER’S GULLY CONCRETE LINING ONBEHALF OF THE CITY OF ORANGE.

Council Member Burch moved to approve the resolution. Second to the motion was made byCouncil Member Salter which carried unanimously.


RESOLUTION AWARDING A CONTRACT TO A & A ELECTRIC COMPANY INC. IN THEAMOUNT OF $50,055 FOR THE GENERATOR INSTALLATION FOR CITY HALL.

Council Member Salter moved to approve the resolution. Second to the motion was made byCouncil Member Childs which carried unanimously.


DISCUSSION/ACTION

MOTION RE-APPOINTING LINN CARDNER TO THE BOARD OF ADJUSTMENT AS A REGULARMEMBER FOR A TERM EXPIRING DECEMBER 31, 2021.

Council Member Hennigan moved to approve the motion. Second to the motion was made byCouncil Member Burch which carried unanimously.

MOTION APPROVING A SPECIAL EVENT AGREEMENT WITH DEEP SOUTH RACINGASSOCIATION (DSRA) TO HOST A DRAG BOAT RACES EVENT AT THE CITY BOAT RAMPTHE WEEKEND OF MAY 16-17, 2020 AT A FEE OF $15,000 IN AN EFFORT TO PROMOTETOURISM AND THE HOTEL INDUSTRY.

Council Member Salter moved to approve the motion. Second to the motion was made by CouncilMember Hennigan which carried unanimously.

DISCUSSION AND POSSIBLE ACTION REGARDING THE CITY OF ORANGE’S POLICIES ANDPROCEDURES REGARDING EMERGENCY MANAGEMENT.

Deputy Chief Brown advised there are some misunderstandings on how the City handlesnotifications on events like the recent TPC explosion in Mid-County. She advised notifications areissued by the City when the City is directly effected by an event. She advised the City was notdirectly impacted by the TPC explosion. She briefed Council on the different Systems that are in

of 61


place for notifications of such events. She advised the City will start issuing some type ofnotification regarding events that the City is not directly impacted. This will be just to let the citizensknow that the City is aware of the event and is watching it.

Mr. Kunst advised the key to effective response is good communication.

CITY MANAGER REPORT

Mr. Kunst advised there will be a Groundbreaking Ceremony for the new Riverside Pavilion onTuesday, December 17, 2019 at 2:00 p.m.

CITY COUNCIL REPORT

Council Member Childs wished everyone a Merry Christmas.

Council Member Salter advised she received a complaint regarding tall grass on Bob Hall Road.

Council Member McKenna invited citizens to attend the Annual Southeast Texas Hospice ToiletPaper Tea on Thursday, December 12, 2019.

Council Member Hennigan congratulated Council Member Childs on the award he received lastnight at the Chamber of Commerce Annual Banquet. She also advised that the Annual Toy Coffeethat was held at Council Member Burch’s house was a success.

Council Member Burch advised he received a complaint regarding tall grass on IH - 10, the lot nextto Dickie’s Bar-B-Que.

Mayor Spears also congratulated Council Member Childs on the award he received last night at theChamber of Commerce Annual Banquet. He advised Chief Martin that he wanted to acknowledgeseveral police officers for jobs well done. Mayor Spears advised it has been a wonderful year andthat 2019 is just the beginning.

ADJOURN TO CLOSED EXECUTIVE SESSION

11. b) Deliberation regarding real property pursuant to Chapter 551 of the TexasGovernment Code:

(1) Deliberation regarding the purchase, exchange, lease or value of realproperty as authorized by Subsection 551.072 - regarding property locatedat 204 W. Campus and 1220 Dupont Drive, the old Cove School.

The Council met in a closed executive session at 10:41 a.m.

of 61


RECONVENE IN OPEN SESSION

The Council reconvened in open session at 10:52 a.m.

TAKE ACTION AS NECESSARY REGARDING ITEM 11 b (1) ABOVE.

No action was taken.

Mayor Spears advised “Christmas at Navy Park” will be held Saturday, December 21, 2019 from2:00 p.m. until 4:00 p.m. He invited the citizens to attend the City of Orange’s “Christmas OpenHouse” on Tuesday, December 17, 2019 from 5:00 p.m. until 7:00 p.m.

Mr. Kunst advised there will be a Joint Meeting of the Planning and Zoning Commission and theCity Council on Monday, December 16, 2019 at 5:30 p.m.

ADJOURNMENT

There being no further business before the Council, Council Member Salter moved to adjourn themeeting. Second to the motion was made by Council Member Hennigan which carriedunanimously.

The meeting adjourned at 10:54 a.m.

Larry Spears Jr., Mayor

ATTEST:

Patricia Anderson, City Secretary

of 61

meeting agenda orange city council orange public library ... · 1/1/2020 · b) consider a...

Documents