meeting agenda orange city council orange … 10, 2018 · at this time comments will be taken from...

City Council Meeting, July 10, 2018City of Orange, Texas

MEETING AGENDA

ORANGE CITY COUNCILOrange Public Library Auditorium

220 N. Fifth StreetOrange, Texas

July 10, 20189:00 a.m.

1. CALL TO ORDER Mayor

2. INVOCATION and PLEDGE OF ALLEGIANCE Council Member Burch

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) May 22, 2018 Orange Economic Development CorporationMeeting 4 Mayor/Council

b) June 12, 2018 Orange Economic Development CorporationMeeting 7 Mayor/Council

c) June 26, 2018 Regular City Council Meeting 10 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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7. ORDINANCES

a) Final Reading:

Consider an ordinance amending the official Future Land UseMap designating Lots 7, 8 and 9 of Block A of the L.T. GrubbsSubdivision also known as 1402, 1404 and 1406 10th Street ascommercial; directing the City Manager to amend the FutureLand Use Map; making certain findings relative thereto;providing a severability clause; repealing all ordinances inconflict with this ordinance; and establishing an effective date.(First Reading June 26, 2018) 14 Staff: Knauf

8. RESOLUTIONS

a) Final Reading:

Consider a resolution approving the Ground Lease Agreementof twenty-five years at $100 each year, Memorandum of Lease,Consent and Agreement to Modification of RestrictiveCovenants, and the City of Orange Economic DevelopmentCorporation Infrastructure Grant Agreement not to exceed$200,000 concerning the new Boardwalk Grille project at 5th

Street & Division Avenue in Downtown Orange. (First ReadingJune 26, 2018) 18 Staff: Trahan

9. DISCUSSION/ACTION

a) Consider a motion appointing Anna Smith and SuzonneCrockett to the City of Orange Convention and Visitors AdvisoryBoard effective July 10, 2018 - June 30, 2020. 67 Staff: Trahan

b) Consider a motion acknowledging the review and adoption ofthe City of Orange, Identity Theft Prevention Program. 73 Staff: Cheryl Zeto

c) Discussion and possible action regarding necessary businessresulting from Hurricane Harvey. Staff: Oubre

10. REPORTS

a) City Manager Report

b) City Council Report

11. ADJOURNMENT

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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 }June 26, 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, June 26, 2018.

COUNCIL MEMBERS PRESENT: Larry Spears Jr. MayorPatrick A. Pullen Mayor Pro-TemBrad Childs Council MemberTerrie T. Salter Council MemberAnnette Pernell Council MemberBill Mello Council MemberPaul Burch Council Member

COUNCIL MEMBERS ABSENT: None

STAFF MEMBERS PRESENT: Dr. Shawn Oubre 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 FinanceJim Wolf Director of Public WorksKelvin Knauf Director of Planning and

C o m m u n i t yDevelopment

Brenna Manasco Library DirectorDavid Frenzel Fire ChiefHIllary Haynes S o c i a l M e d i a

CoordinatorMike Zeto CIS ManagerKelly Griffin Police Evid. & ID TechJohn Cash Smith City AttorneyBrooke Carroll College Intern

STAFF MEMBERS ABSENT: None

Mayor Spears called the meeting to order at 5:37 p.m.

Council Member Mello led the Invocation and the Pledge of Allegiance.

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Regular Meeting 2 June 26, 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 ORDINANCES AND RESOLUTIONS.

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

APPROVAL OF MINUTES

Mayor Pro-Tem Pullen moved to approve the minutes of the April 17 , 2018 Special Call JointMeeting of the Planning and Zoning Commission and the City Council. Second to the motion wasmade by Council Member Salter which carried unanimously.

Council Member Mello moved to approve the minutes of the April 24, 2018 Orange EconomicDevelopment Corporation Meeting. Second to the motion was made by Council Member Salterwhich carried unanimously.

Council Member Childs moved to approve the minutes of the May 1 , 2018 Joint Meeting of thePlanning and Zoning Commission and the City Council. Second to the motion was made by MayorPro-Tem Pullen which carried unanimously.

Council Member Burch moved to approve the minutes of the May 15 , 2018 Special Call JointMeeting of the Planning and Zoning Commission and the City Council. Second to the motion wasmade by Council Member Childs which carried unanimously.

Mayor Pro-Tem Pullen moved to approve the minutes of the June 12, 2018 Regular City CouncilMeeting. Second to the motion was made by Council Member Burch which carried unanimously.

CITIZEN COMMENTS

There were no citizen comments.

PRESENTATION

Lance Pendley, Senior Vice President-Employee Benefits with McGriff, Seibels & Williams presentedinformation on the City’s medical insurance program, options and future strategies.

Mr. Pendley gave a presentation on the City’s medical insurance program, options and futurestrategies. A copy of this presentation is included in and being made a part of these minutes.

Mr. Pendley advised if the City were to go out for Request for Proposals (RFP), only two to threeProposals would be received. He advised his firm would like to negotiate directly with the City’scurrent provider, Blue Cross Blue Shield without going out for RFP’s.

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ORDINANCES

FIRST READING:

ORDINANCE AMENDING THE FUTURE LAND USE MAP DESIGNATING LOTS 7,8 AND 9 OFBLOCK A OF THE L.T. GRUBBS SUBDIVISION ALSO KNOWN AS 1402, 1404, AND 1406 10TH

STREET AS COMMERCIAL; DIRECTING THE CITY MANAGER TO AMEND THE FUTURE LANDUSE MAP; MAKING CERTAIN FINDINGS RELATIVE THERETO; PROVIDING A SEVERABILITYCLAUSE; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; ANDESTABLISHING AN EFFECTIVE DATE.

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

RESOLUTIONS

FIRST READING:

RESOLUTION APPROVING THE GROUND LEASE AGREEMENT OF TWENTY-FIVE YEARS AT$100 EACH YEAR, MEMORANDUM OF LEASE, CONSENT AND AGREEMENT TOMODIFICATION OF RESTRICTIVE COVENANTS, AND THE CITY OF ORANGE ECONOMICDEVELOPMENT CORPORATION INFRASTRUCTURE GRANT AGREEMENT NOT TO EXCEED$200,000 CONCERNING THE NEW BOARDWALK GRILLE PROJECT AT 5TH STREET & DIVISIONAVENUE IN DOWNTOWN ORANGE.

Mayor Pro-Tem Pullen asked who would be responsible for paying the taxes on the property. Dr.Oubre advised staff will have to research this information.

After discussion, Council Member Mello moved to approve the resolution contingent upon who isresponsible for paying the taxes on the property. Second to the motion was made by CouncilMember Childs which carried unanimously.

RESOLUTION OF THE CITY OF ORANGE, TEXAS APPROVING A PRELIMINARY PLAT FOR THECYPRESS SHADOWS ESTATES PHASE II SUBDIVISION.

Council Member Burch 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 2018-28.

RESOLUTION AWARDING A CONTRACT TO ALLCO LLC IN THE AMOUNT OF $195,621.60 FOR THEWASTEWATER TREATMENT PLANT REHABILITATION PHASE III.

Council Member Mello moved to approve the resolution. Second to the motion was made by CouncilMember Childs which carried unanimously.

A copy of this resolution is being made a part of these minutes as Resolution Number 2018-29.

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DISCUSSION/ACTION

DISCUSSION AND POSSIBLE ACTION REGARDING NECESSARY BUSINESS RESULTINGFROM HURRICANE HARVEY.

Mayor Spears advised he would like the City to start code enforcement immediately, starting with16th Street. Dr. Oubre advised the City will come up with an action plan.

CITY MANAGER REPORT

No report was given.

CITY COUNCIL REPORT

Mayor Pro-Tem Pullen advised it was the citizens responsibility to keep their property clean.

Council Member Salter advised that everyone has to do their part to keep Orange clean.

Council Member Mello encouraged citizens to support the local businesses.

Mayor Spears advised that himself and Mayor Pro-Tem Pullen met with Dr. Oubre and Deputy FireChief Brown to go over emergency evacuation efforts. He thanked the Street and DrainageDepartment and City staff for all their efforts last week during the heavy rain.

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 Childs which carried unanimously.

The meeting adjourned at 6:31 p.m.

Larry Spears Jr., 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 an ordinance amending the Future Land Use Map for property located at Lots 7, 8 and 9 of Block A of the L.T. Grubbs Subdivision also known as 1402, 1404 and 1406 10th Street from Residential to Commercial

Date: June 27, 2018

On April 10, 2018 the Planning and Zoning Commission recommended and the City Council adopted an ordinance on final reading to amend the zoning for Lots 7, 8 and 9 of Block A of the L.T. Grubbs Subdivision from R-2 Medium Density Residential zoning district to C-1 Light Commercial. A map showing the property and zoning for the surrounding property is included in your agenda packet. The Future Land Use Map shows these parcels as low/medium density residential (attached).

It is the City’s practice that if a re-zoning has occurred and the re-zoning is not consistent with the Future Land Use Map, then the Future Land Use Map is amended. The Future Land Use Map should be amended for Lots 7, 8 and 9 of Block A of the L.T. Grubbs Subdivision also known as 1402, 1404 and 1406 10th Street to show these properties as commercial rather than residential development.

On June 5, 2018 the Planning and Zoning Commission voted unanimously to recommend that the Future Land Use Map be amended to reflect the re-zoning of Lots 7, 8 and 9 of Block A of the L.T. Grubbs Subdivision from residential to commercial property.

On June 26, 2018 The City Council approved this ordinance on first reading.

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AN ORDINANCE AMENDING THE OFFICIAL FUTURE LAND USE MAP DESIGNATING LOTS 7, 8 AND 9 OF BLOCK A OF THE L.T. GRUBBS SUBDIVISION ALSO KNOWN AS 1402, 1404 AND 1406 10TH STREET AS COMMERCIAL; DIRECTING THE CITY MANAGER TO AMEND THE FUTURE LAND USE MAP; MAKING CERTAIN FINDINGS RELATIVE THERETO; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE

WHEREAS, the Planning and Zoning Commission met in regular session on June 5, 2018 to consider amending the Future Land Use Map to change the designation of Lots 7, 8 and 9 of Block A of the L.T. Grubbs subdivision, also known as 1402, 1404 and 1406 10th Street from residential to commercial; and,

WHEREAS, the Commission voted unanimously 6-0 to recommend that the City Council approve the above referenced map amendment; now, therefore,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS:

Section 1. The official Future Land Use Map is amended to designate as Commercial uses the properties described above and shown on Exhibit “A” to this ordinance.

Section 2. The city manager is hereby directed to amend the official Future Land Use Map in accordance with Section 1.

Section 3. The City Council of the City of Orange, Texas hereby legislatively finds and determines that this ordinance and the Future Land Use Map amendment established herein will be in harmony with the general purpose and intent of the Comprehensive Zoning Ordinance and Master Plan of the City of Orange; will be as a substantial relationship to the public welfare.

Section 4. It is expressly ordained that if any section, or subsection clause, sentence or paragraph of this ordinance, including the attached exhibits, shall be found to be illegal, invalid or void by any court of competent jurisdiction, then such findings shall not affect the remaining portions of this ordinance, but the same shall be valid and in effect, it being the expressed intention of the City Council of the City of Orange, Texas, to pass each and every sentence, clause, paragraph, section or exhibit individually.

Section 5. That all ordinances that are in conflict with the provisions of this Ordinance be repealed to the extent of such conflict and all other Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect.

Section 6. This ordinance shall be effective after the second and final approval and publication as required by the Orange City Charter and state law.

PASSED and APPROVED on the first reading this the 26th day of June, 2018.

PASSED, APPROVED, and ADOPTED on the final reading on this the 10th day of July, 2018.

Larry Spears Jr., Mayor

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.ATTEST:

_____________________________

Patricia Anderson, City Secretary

APPROVED AS TO FORM:

_____________________________

City Attorney

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1402, 1404 and 1406 10th Street

Exhibit A

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