City Council Meeting, February 27, 2018 City of Orange, Texas Page 1 MEETING AGENDA ORANGE CITY COUNCIL Orange Public Library Auditorium 220 N. Fifth Street Orange, Texas February 27, 2018 5:30 p.m. 1. CALL TO ORDER Mayor 2. INVOCATION and PLEDGE OF ALLEGIANCE Council Member Salter 3. MOTION a) Motion finding that the advance posting and notice requirements of Article 8.1200 of the Code of Ordinances of the City of Orange, Texas have been met in relation to all minutes and pending ordinances and resolutions on this agenda and that the reading of such items be confined to the captions as are agreed upon by the ordinances and resolutions. 1 Mayor/Council 4. APPROVAL OF MINUTES a) January 9, 2018 Orange Economic Development Corporation Meeting 4 Mayor/Council b) February 13, 2018 Regular City Council Meeting 7 Mayor/Council 5. CITIZEN COMMENTS At this time comments will be taken from the audience on any subject matter, whether or not that item is on the agenda. All comments are limited to a maximum three minutes for each speaker. Your comments are appreciated. As the Texas Open Meetings Act does not allow the Council to respond to items not listed on the agenda, your comments will be duly noted by the Council and forwarded to the appropriate department for prompt consideration. Page 1 of 53
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MEETING AGENDA ORANGE CITY COUNCIL Orange … adopting rules for the Historic Preservation Commission; ... Ms. Zeto advised the overpaid amount to the City is $257,493.68. She briefed
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City Council Meeting, February 27, 2018City of Orange, Texas
Page 1
MEETING AGENDA
ORANGE CITY COUNCILOrange Public Library Auditorium
220 N. Fifth StreetOrange, Texas
February 27, 20185:30 p.m.
1. CALL TO ORDER Mayor
2. INVOCATION and PLEDGE OF ALLEGIANCE Council Member Salter
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) January 9, 2018 Orange Economic Development CorporationMeeting 4 Mayor/Council
b) February 13, 2018 Regular City Council Meeting 7 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.
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City Council Meeting, February 27, 2018City of Orange, Texas
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6. ORDINANCES
a) First Reading:
Consider an ordinance of the City Council of the City of Orange,Texas adopting rules for the Historic Preservation Commission;repealing all ordinances in conflict to the extent of any conflict;providing for a severability clause; and, establishing an effectivedate. 14 Staff: Knauf
b) First Reading:
Consider an ordinance granting a franchise to Acadiana WasteServices - TX, LLC to operate a commercial closed containergarbage collection service in the City of Orange; providing theterms, conditions, obligations, and limitations of such service;providing indemnity to the City, retaining authority to regulaterates; providing for franchise payments; and providing forseverability. 22 Staff: Knauf
7. RESOLUTIONS
a) Consider a resolution authorizing the City Manager to executeChange Order No. 4 with Allco for the Wastewater TreatmentFacility Rehabilitation Project - Phase 2A & 2B. 34 Staff: Wolf
8. DISCUSSION/ACTION
a) Consider a motion amending the Scope of Work for RichardDrive Water Plant and adding 120 Calendar Days due to siteconflict delays. The contract between Allco LTD and the City ofOrange, Texas as per the attached Change Order No. 2, thecontract price remains $1,895,562.00; the City Manager ishereby authorized to sign said Change Order No. 2. 43 Staff: Wolf
b) Consider a motion declaring equipment 2004 Vibromax RollerUnit 0129ED, 2006 Ford F-150 Unit 0101AF, 2006 Ford F-150Unit 0853AF, 2006 Ford F-150 Unit 0491AF, 2013 ChevroletTahoe OPD Unit 63, Easy Go Electric Golf Cart Model E203Serial 1598763, Easy Go Electric Golf Cart Model E203 Serial1596763, and a Easy Go Electric Golf Cart Model J403 Serial2032451 as surplus and authorizing disposal by auction throughRene’ Bates Auctioneer, Inc. 48 Staff: Wolf
c) Consider a motion approving the Orange EconomicDevelopment Corporation’s motion of intent to enter into anagreement with the Boardwalk Grille for the expenditure of fundsfor infrastructure improvements at 5th Street & Division Avenue,Orange, Texas in an amount not to exceed $200,000 for thepurpose of economic development. 50 Staff: Trahan
d) Consider a motion appointing Judy Gobert to the LibraryAdvisory Board for a term ending September 30, 2019. 51 Staff: Manasco
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City Council Meeting, February 27, 2018City of Orange, Texas
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e) Discussion and possible action regarding necessary businessresulting from Hurricane Harvey. Staff: Oubre
9. REPORTS
a) City Manager Report
b) City Council Report
10. ADJOURNMENT
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 }February 13, 2018
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, February 13, 2018.
COUNCIL MEMBERS PRESENT: Jimmy Sims MayorLarry Spears Jr. Mayor Pro TemTerrie T. Salter Council MemberAnnette Pernell Council MemberBill Mello Council Member
COUNCIL MEMBERS ABSENT: Brad Childs Council MemberPatrick A. Pullen Council Member
STAFF MEMBERS PRESENT: Dr. Shawn Oubre City Manager Jay Trahan Assistant City Manager,
Director of Economic Development
Patricia Anderson City SecretaryJennifer Krummel Deputy City Secretary
Lane Martin Chief of PoliceCheryl Zeto Director of FinanceKelvin Knauf Director of Planning and
C o m m u n i t yDevelopment
Brenna Manasco Library DirectorLee Anne Brown Deputy Fire ChiefSherry Jackson Accounting ManagerJames Lawrence Public Service ManagerMike Zeto CIS ManagerKelly Griffin Police Evid. & ID TechGuy Goodson City Attorney
STAFF MEMBERS ABSENT: David Frenzel Fire ChiefJim Wolf Director of Public WorksJohn Cash Smith City Attorney
Mayor Sims called the meeting to order at 9:05 a.m.
Mayor Pro Tem Spears led the Invocation and the Pledge of Allegiance.
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Regular Meeting 2 February 13, 2018
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 THE ORDINANCES ANDRESOLUTIONS.
Council Member Pernell moved to approve the motion. Second to the motion was made by CouncilMember Salter which carried unanimously.
APPROVAL OF MINUTES
Council Member Pernell moved to approve the minutes of the January 23, 2018 Regular City CouncilMeeting. Second to the motion was made by Mayor Pro Tem Spears which carried unanimously.
CITIZEN COMMENTS
Katie Krantz, Shangri La Botanical Gardens, invited the citizens to participate in the 23rd AnnualCommunity Trash Off scheduled for February 24, 2018 from 8:00 a.m. until 1:00 p.m. at the City ofOrange Boat Ramp.
Lloyd Jernigan, PL Consultants, LLC, briefed Council on the services offered by PL Consultants withthe recovery efforts from Hurricane Harvey.
Dwayne Evans, Disaster Management International, Disaster Family Information Center Services,briefed Council on the services offered by DMI with the recovery efforts from Hurricane Harvey.
PRESENTATION
Jessica Hill, Executive Director of the Orange County Economic Development Corporation(OCEDC), on the OCEDC along with a marketing/promotional video of Orange County.
Ms. Hill gave an update on the OCEDC and showed a draft video that showcased the quality of lifeof Orange County. She also briefed Council on several new projects that will be located in OrangeCounty.
RESOLUTIONS
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS, NOMINATINGARLANXEO USS LLC TO THE OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT ANDTOURISM THROUGH THE ECONOMIC DEVELOPMENT BANK FOR DESIGNATION AS ANENTERPRISE PROJECT (“PROJECT”) UNDER THE TEXAS ENTERPRISE ZONE PROGRAMUNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE(“ACT”).
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Regular Meeting 3 February 13, 2018
Council Member Mello moved to approve the resolution. Second to the motion was made by CouncilMember Pernell which carried unanimously.
A copy of this resolution is being made a part of these minutes as Resolution Number 2018-07.
RESOLUTION FOR THE REDUCED SPEED LIMIT ON THE EASTBOUND AND WESTBOUNDFRONTAGE ROADS OF INTERSTATE 10 EAST OF HIGHWAY 62 TO THE WOMACK ROADTURNAROUND BEGINNING MARCH 2018 UNTIL THE COMPLETION OF THE PROJECT. THEREDUCTION WILL BE FROM 55 MILES PER HOUR TO 45 MILES PER HOUR. THISRESOLUTION REQUEST IS MADE ON BEHALF OF THE TEXAS DEPARTMENT OFTRANSPORTATION FOR SAFETY MATTERS DUE TO ROADWAY CONSTRUCTION.
Council Member Mello moved to approve the resolution. Second to the motion was made byCouncil Member Salter which carried unanimously.
A copy of this resolution is being made a part of these minutes as Resolution Number 2018-08.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS, SUPPORTINGORANGE COUNTY, TEXAS MOVING FORWARD WITH THE TEXAS HISTORIC COURTHOUSEPRESERVATION PROGRAM.
Council Member Pernell 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 2018-09.
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENTWITH SCHAUMBURG & POLK, INC. FOR THE WASTEWATER TREATMENT PLANTIMPROVEMENTS PHASE 2A & 2B AND LINK STREET AND MEEKS TANK IMPROVEMENTSCONSTRUCTION PHASE.
Council Member Pernell 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 2018-10.
DISCUSSION/ACTION
MOTION TO APPROVE THE REFUND OF AN OVERPAYMENT OF LOCAL SALES AND USETAXES AND TO CHOOSE THE PAYMENT OPTION.
Ms. Zeto advised the overpaid amount to the City is $257,493.68. She briefed the Council on thethree options offered to repay the overpayment of the local sales and use taxes: Option 1 - Fullreimbursement by one time payment. The City would receive a 2% discount with Option 1.; Option2 - Apply all monthly collections to the overpaid amount until the amount has been repaid; andOption 3 - Enter into a fifty-two month payback agreement.
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Regular Meeting 4 February 13, 2018
After discussion, Council Member Mello moved to use Option 1 to pay back the overpayment of$257,493.68. Second to the motion was made by Mayor Pro Tem Spears which carriedunanimously.
MOTION ACKNOWLEDGING RECEIPT OF THE QUARTERLY INVESTMENT REPORT FORTHE PERIOD ENDING DECEMBER 31, 2017.
Council Member Mello moved to approve the motion. Second to the motion was made by CouncilMember Salter which carried unanimously.
MOTION ACKNOWLEDGING RECEIPT OF THE ORANGE ECONOMIC DEVELOPMENTCORPORATION FINANCIAL REPORT FOR THE QUARTER ENDING DECEMBER 31, 2017.
Council Member Mello moved to approve the motion. Second to the motion was made by CouncilMember Pernell which carried unanimously.
MOTION ACKNOWLEDGING RECEIPT OF THE ORANGE ECONOMIC DEVELOPMENTCORPORATION INVESTMENT REPORT FOR THE QUARTER ENDING DECEMBER 31, 2017.
Council Member Pernell moved to approve the motion. Second to the motion was made byCouncil Member Salter which carried unanimously.
MOTION APPROVING A REQUEST BY THE STARK FOUNDATION FOR THE USE OF THECITY OF ORANGE BOAT RAMP FOR THE 23rd COMMUNITY TRASH OFF SCHEDULED FORSATURDAY, FEBRUARY 24, 2018 AND A PROPOSED RESCHEDULE DATE OF MARCH 3,2018 IN THE EVENT OF INCLEMENT WEATHER.
Council Member Mello moved to approve the motion. Second to the motion was made by CouncilMember Pernell which carried unanimously.
MOTION APPROVING AN AGREEMENT BETWEEN THE STARK FOUNDATION AND THE CITYOF ORANGE FOR THE LEASE OF STARK PARK FOR ART IN THE PARK 2018, WHICH ISSCHEDULED FOR SATURDAY, APRIL 7, 2018.
Council Member Pernell moved to approve the motion. Second to the motion was made byCouncil Member Salter which carried unanimously.
MOTION REAPPOINTING MICHAEL YEATER TO THE CITY OF ORANGE CONVENTION &VISITORS ADVISORY BOARD EFFECTIVE FEBRUARY 13, 2018 - DECEMBER 31, 2019.
Council Member Mello moved to approve the motion. Second to the motion was made by MayorPro Tem Spears which carried unanimously.
MOTION APPOINTING MARY EKENE TO THE CITIZENS ADVISORY COMMITTEE FOR ATERM ENDING FEBRUARY 13, 2022.
Mayor Pro Tem Spears moved to approve the motion. Second to the motion was made by CouncilMember Pernell which carried unanimously.
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Regular Meeting 5 February 13, 2018
MOTION APPOINTING MARY MCCOY TO THE LIBRARY ADVISORY BOARD FOR A TERMENDING SEPTEMBER 30, 2019.
Council Member Mello moved to approve the motion. Second to the motion was made by CouncilMember Pernell which carried unanimously.
MOTION ACCEPTING THE RESIGNATION OF BARBARA KELLY FROM THE LIBRARYADVISORY BOARD FOR THE TERM ENDING SEPTEMBER 30, 2018.
Council Member Mello moved to approve the motion. Second to the motion was made by CouncilMember Pernell which carried unanimously.
DISCUSSION AND POSSIBLE ACTION REGARDING AN INTERLOCAL AGREEMENTBETWEEN THE CITY OF ORANGE AND THE TEXAS DEPARTMENT OF TRANSPORTATIONALLOWING TXDOT TO MAKE NECESSARY DETOURS IN ORDER TO COMPLETE THEINTERSTATE 10 IMPROVEMENTS.
Council Member Pernell moved to approve the motion. Second to the motion was made by MayorPro Tem Spears which carried unanimously.
DISCUSSION AND POSSIBLE ACTION REGARDING NECESSARY BUSINESS RESULTINGFROM HURRICANE HARVEY.
Dr. Oubre briefed the Council on two types of hazardous material that is being placed curbside forremoval; eligible material and ineligible material. He advised based on the proposals the Cityreceived to remove the hazardous material, it would be too expensive to have the materialremoved.
Deputy Chief Brown advised she contacted Waste Management regarding the process the Citywould have to follow to be able to pick up the hazardous waste and dispose of it properly. Sheadvised the City can pick up the paint, dry it out by using cat liter, and then transport it to the landfill. After discussion, it was the consensus of Council for the City to dispose of the paint.
Dr. Oubre also briefed the Council on the drainage issues the City is having with flooding in frontof homes due to debris from Hurricane Harvey. He briefed Council on three options the City canuse to remove the debris: Option 1 - a grant through the Southeast Texas Workforce Commission;Option 2 - contract with the Orange County Sheriff’s Office to use trustees; and Option 3 - usecitizens who are having to do community service. He advised staff recommends Option 1.
After discussion, it was the consensus of Council to allow staff to use Option 1 and if needed to,use Option 2 for the removal of debris from the drainage.
Dr. Oubre briefed the Council on the progress the Public Works Department has made on debrisremoval. He advised the City can extend the debris removal for another six months with Council’sapproval. It was the consensus of Council to extend debris removal for another six months.
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Regular Meeting 6 February 13, 2018
CITY MANAGER REPORT
No report was given.
CITY COUNCIL REPORT
Mayor Pro Tem Spears asked staff to start the process for hiring lifeguards for the Natatorium. Dr.Oubre advised it is difficult to find lifeguards. This is not only a problem for the City of Orange, butfor other cities also. Another problem the City is faced with is finding a pool manager. Mayor ProTem Spears advised he would like for the City to have something for children to do during thesummer. Dr. Oubre advised that there will be a bond that will be paid off and a new one can befinanced. He suggested using some of the money for a splash park where the Natatorium islocated. He also suggested using some of the money for street repairs. After discussion it wasthe consensus of Council to schedule a workshop to discuss the use of the bond money.
Mayor Sims thanked Mr. Jernigan with PL Consultants, LLC and Mr. Evans with DisasterManagement International for attending the meeting.
ADJOURN TO CLOSED EXECUTIVE SESSION
10. a) Deliberation with City Attorney pursuant to Chapter 551of the Texas GovernmentCode:
(1) Deliberation with legal counsel pursuant to Texas Government Code,Chapter 551.071 - Consultation on the Orange Firemen’s Pension FundFinancial Stability Restoration Plan.
The Council met in closed executive session at 10:23 a.m.
RECONVENE IN OPEN SESSION
The Council reconvened in open session at 10:45 a.m.
TAKE ACTION AS NECESSARY REGARDING ITEM 10 a) (1) above.
No action was taken.
ADJOURNMENT
There being no further business before the Council, Council Member Pernell moved to adjourn themeeting. Second to the motion was made by Council Member Salter which carried unanimously.
The meeting adjourned at 10:45 a.m.
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Regular Meeting 7 February 13, 2018
Jimmy Sims, Mayor
ATTEST:
Patricia Anderson, City Secretary
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MEMORANDUM
To: Dr. Shawn Oubre Ph.D., City Manager
From: Kelvin Knauf, Director of Planning and Community Development
Subject: Consider a franchise ordinance to Acadiana Waste Services for collection of solid waste from commercial establishments
Date: February 19, 2018
Background
Acadiana Waste Services has submitted an application to operate a solid waste collection service for commercial (non single-family) establishments. Acadiana currently serves areas in Louisiana and has established a regional office in Sour Lake. There are 37 total employees with 4 employees located at the Sour Lake Office. They are authorized to use the Beaumont landfill for disposal. There have been no regulatory problems in Texas or Louisiana. The company has 16 total company trucks and 3 trucks are located at the Sour Lake office. They currently serve 5 customers in Texas.
The Environmental Quality Supervisor for the City of Lafayette, Louisiana said that their City had not experienced any problems with Acadiana Waste Services. I contacted several businesses in Layfayette served by Acadiana Waste Services and they all gave the company very positive recommendations for their service and condition of their equipment.
I visited their facility in Sour Lake and their building, trucks and rolloff containers are clean and well maintained. Acadiana Waste Services appears to be a well-run organization that is capable of servicing the solid waste needs of commercial customers.
Attached is a proposed ordinance that provides the same term and conditions for Acadiana Waste Services as are extended to other commercial solid waste franchisees in the City.
AN ORDINANCE GRANTING A FRANCHISE TO ACADIANA WASTE SERVICES-TX, LLC TO OPERATE A COMMERCIAL CLOSED CONTAINER GARBAGE COLLECTION SERVICE IN THE CITY OF ORANGE; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY, RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, Acadiana Waste Services-TX, LLC has requested a franchise to operate
commercial container garbage collection service within the City of Orange, Texas (the "City"); and,
WHEREAS, the City desires to grant such franchise; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS:
Section 1. Grant of Authority
There is hereby granted by the City ( Grantor ) to Acadiana Waste Services-Tx, LLC
( Company ), the right and privilege to operate and maintain within the City of Orange a commercial container
garbage collection service (the "service"). For purposes of this franchise, it shall be unlawful for any person,
partnership, association or corporation to provide commercial container garbage collection services in the City
without first obtaining a franchise from the City. "Commercial Container Garbage Collection Service" is
defined as a regular collection of the garbage from mechanically emptied "dumpster or roll-on" type containers
from locations in the City which are not single-family locations, and disposal of such material in accordance
with the law. The franchise granted herein is non-exclusive and franchises may be granted to other persons for
service.
Section 2. Term of Franchise
The franchise herein granted shall take effect thirty (30) days after final passage of this
ordinance. Prior to becoming effective the franchise must be accepted by the grantee in writing and filed with
the City Secretary as required by Article XI of the Charter of the City of Orange. The franchise shall be in
APPROVED: City Attorney ACCEPTED: ACADIANA WASTE SERVICES-TX, LLC Signature of Authorized Officer of Company Printed Name and Title Mailing Address City, State, Zip Telephone Number Fax Number ATTEST: