MEETING AGENDA ORANGE CITY COUNCIL Orange Public Library Auditorium 220 N. Fifth Street Orange, Texas

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1 MEETING AGENDA ORANGE CITY COUNCIL Orange Public Library Auditorium 220 N. Fifth Street Orange, Texas July 24, :30 p.m. 1. CALL TO ORDER Mayor 2. INVOCATION and PLEDGE OF ALLEGIANCE Mayor Pro-Tem Pullen 3. MOTION a) Motion finding that the advance posting and notice requirements of Article 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) July 9, 2018 Special Call City Council Meeting 4 Mayor/Council b) July 10, 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. 6. PROCLAMATIONS a) Michael Christian Gobert Day 11 Mayor/Council b) National Day of the Cowboy 12 Mayor/Council City Council Meeting, July 24, 2018 City of Orange, Texas Page 1 Page 1 of 44

2 7. PUBLIC HEARING a) Conduct a public hearing to receive comments on the Proposed Substantial Amendment to the 2017 Annual Action Plan, Year Four of the Five Year Consolidated Plan. This proposal is to reallocate funds from a Public Facilities & Improvements project, cancelling that project and reallocating them to Clearance and Demolition. The cut off for submitting comments is 5:00 p.m., close of business, Friday, August 3, Comments may be made during this hearing or dropped off in writing at the office of Planning & Community Development, th Street, Orange, Texas. 13 Staff: Wilson 8. RESOLUTIONS a) Consider a resolution formally adopting the Substantial Amendment 2017 Annual Action Plan, Year Four of the Five Year Consolidated Plan. 15 Staff: Wilson b) Consider a resolution awarding the contract for Cooper s Gully Concrete Lining to Excavation & Construction LLC for $2,853, Staff: Wolf c) Consider a resolution authorizing the City Manager to enter into an agreement with Landfall Strategies to provide debris monitoring services on behalf of the City of Orange. 41 Staff: Brown d) Consider a resolution re-naming a public building identified as the Orange Community Center, located at 103 North Fifth Street, Orange,Texas to (?). 44 Council Member Pernell 9. DISCUSSION/ACTION a) Discussion and possible action regarding necessary business resulting from Hurricane Harvey. Staff: Oubre 10. REPORTS a) City Manager Report b) City Council Report 11. ADJOURNMENT City Council Meeting, July 24, 2018 City of Orange, Texas Page 2 Page 2 of 44

3 Texas Penal Code 30.06: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun De conformidad con la Sección del código penal (entrada de persona con licencia de portar o llevar armas de mano oculta), una persona licenciada bajo el subcapítulo H, capítulo 411 del código de gobierno (ley de licenciación para portar o llevar armas de mano) no se permite entrar en esta propiedad con ninguna armas de mano oculta Texas Penal Code 30.07: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly De conformidad con la Sección del código penal (entrada de una persona con licencia de portar o llevar armas de mano visible), una persona licenciada bajo el subcapítulo H, capítulo 411 del código de gobierno (ley de licenciación para portar o llevar armas de mano visible) no se permite entrar en esta propiedad con ninguna armas de mano visible No Firearms Allowed No se permite ninguna armas de fuego City Council Meeting, July 24, 2018 City of Orange, Texas Page 3 Page 3 of 44

4 STATE OF TEXAS } COUNTY OF ORANGE } July 9, 2018 BE IT REMEMBERED THAT a Special Call Meeting of the Orange City Council of the City of Orange, Orange County, Texas, was held in the Orange Public Library Auditorium (City Council Chambers) on Monday, July 9, COUNCIL MEMBERS PRESENT: Larry Spears Jr. Mayor Patrick A. Pullen Mayor Pro-Tem Brad Childs Council Member Terrie T. Salter Council Member Annette Pernell Council Member Bill Mello Council Member Paul 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 Secretary Lane Martin Chief of Police David Frenzel Fire Chief Cheryl Zeto Director of Finance Kelvin Knauf Director of Planning and C o m m u n i t y Development Lee Anne Brown Deputy Fire Chief Hillary Haynes S o c i a l M e d i a Coordinator Kelly Griffin Police Evidence & ID Tech STAFF MEMBERS ABSENT: Jennifer Krummel Deputy City Secretary Jim Wolf Director of Public Works Brenna Manasco Library Director Mayor Spears called the meeting to order at 5:30 p.m. DISCUSSION/ACTION DISCUSSION AND POSSIBLE ACTION REGARDING THE CRITERIA FOR BUYOUTS, ACQUISITIONS, MITIGATION RECONSTRUCTION AND MITIGATION ELEVATION PROJECTS. Greg Wobbe, MPTX Inc., read the following paragraph from handouts given to Council: (copies of Page 4 of 44

5 Special Call Meeting 2 July 9, 2018 these handouts are included in and being made a part of these minutes) Texas Division of Emergency Management (TDEM) and FEMA have identified the following project types as priorities for funding under FEMA Hazard Mitigation Grant Program (HMGP) pursuant to Hurricane Harvey (DR-4332): Structure Elevation, Mitigation Reconstruction, and Acquisition/Buyout. Other project types are also eligible, as indicated on page 2 of the attached TDEM Notice of Availability. Mr. Wobbe advised this is just a discussion, that he is here to assist the City in the grant application process, help the City identify the different projects and to answer any questions Council may have. Dr. Oubre advised that these grants have nothing to do with City owned property. These grants are for property owners to help assist the owner to mitigate future flooding. He also advised these projects are voluntary participation. Dr. Oubre advised there are three programs: 1) Structure Elevation, 2) Mitigation Reconstruction and 3) Acquisition/Buyout. He advised there is a lot of competition in the market for these funds and the process is long. Mr. Wobbe explained the difference between a HMGP and CDBG DR Mr. Wobbe advised each program has a threshold: Structure Elevation-$176,000, Mitigation Reconstruction-$150,000 and Acquisition/Buyout-$276,000. Dr. Oubre advised all three programs have a 75/25 match. Council Member Pernell asked if there was any type of income qualifications. Mr. Wobbe advised no. Mayor Spears advised that he would like the citizens to be aware that the City wants to help the property owners, but also protect the City. He explained with loss of homes means loss of property taxes. Mayor Pro-Tem Pullen advised the problem with buyouts is that nothing can be rebuilt on the property. He asked what cities and counties can do to get this changed. Mr. Wobbe advised ultimately that this was a legal question. Dr. Oubre advised this has been discussed and is under consideration of letting an individual go back and rebuild if changes are made to protect against future flooding. Mr. Wobbe explained different options that can be used through the HMPG and CDBG DR-4332 that are more optimal for the citizens and the City. Dr. Oubre explained the process for the Buyout Program. Mayor Spears advised Council cannot set the criteria until they know how many homes were flooded. Mr. Knauf advised 3,200 homes were flooded in one, two or all three disasters; Hurricane Ike, Sabine River Flood and Hurricane Harvey. The number of homes that were flooded in all three storms were 2,700, and 1,000 homes were flooded in two of the storms. Page 5 of 44

6 Special Call Meeting 3 July 9, 2018 Dr. Oubre advised staff will break down the number of flooded homes by each disaster. Mr. Wobbe advised he has been working with Chief Deputy Brown on the initial intake process. He advised the home owner can submit a paper application or go to the website, to apply. Dr. Oubre advised that the City should not assume the burden of filling out applications for citizens. Dr. Oubre advised staff will address the following two issues: 1) break down of the number of homes flooded in each disaster and 2) flooding question for the City Attorney. ADJOURNMENT There being no further business before the Council, Council Member Salter moved to adjourn the meeting. Second to the motion was made by Council Member Childs which carried unanimously. The meeting adjourned at 6:23 p.m. ATTEST: Larry Spears Jr., Mayor Patricia Anderson, City Secretary Page 6 of 44

7 STATE OF TEXAS } COUNTY OF ORANGE } July 10, 2018 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, July 10, COUNCIL MEMBERS PRESENT: Larry Spears Jr. Mayor Patrick A. Pullen Mayor Pro-Tem Brad Childs Council Member Terrie T. Salter Council Member Annette Pernell Council Member Bill Mello Council Member Paul 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 Secretary Jennifer Krummel Deputy City Secretary Lane Martin Chief of Police Cheryl Zeto Director of Finance Jim Wolf Director of Public Works Kelvin Knauf Director of Planning and C o m m u n i t y Development Brenna Manasco Library Director David Frenzel Fire Chief Hillary Haynes S o c i a l M e d i a Coordinator Kelly Griffin Police Evidence & ID Tech STAFF MEMBERS ABSENT: John Cash Smith City Attorney Mayor Spears called the meeting to order at 9:00 a.m. Council Member Burch led the Invocation and the Pledge of Allegiance. MOTION FINDING THAT THE ADVANCE POSTING AND NOTICE REQUIREMENTS OF ARTICLE OF THE CODE OF ORDINANCES OF THE CITY OF ORANGE, TEXAS HAVE BEEN MET IN RELATION TO ALL MINUTES AND PENDING ORDINANCES AND Page 7 of 44

8 Regular Meeting 2 July 10, 2018 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. Council Member Pernell moved to approve the motion. Second to the motion was made by Council Member Childs which carried unanimously. APPROVAL OF MINUTES Council Member Childs moved to approve the minutes of the May 22, 2018 Orange Economic Development Corporation Meeting. Second to the motion was made by Council Member Salter which carried unanimously. Council Member Pernell moved to approve the minutes of the June 12, 2018 Orange Economic Development Corporation Meeting. Second to the motion was made by Council Member Salter which carried unanimously. Council Member Pernell moved to approve the minutes of the June 26, 2018 Regular City Council Meeting. Second to the motion was made by Council Member Childs which carried unanimously. CITIZEN COMMENTS Essie Bellfield, 1907 Link Street, advised there is a youth group from Fort Worth, Texas here helping with debris clean up in the City of Orange. Benitris Edwards, Gate City Guild #42, invited citizens to attend the Biker and Car Festival, Saturday, July 14, 2018 at the Orange Riverfront Boardwalk and Pavilion at 9:00 a.m. This event is to raise money for school supplies. They are also sponsoring an event, Back 2 School, School Supply Give Away, on August 18, 2018 at Lion s Den Park from 9:00 a.m. until 3:00 p.m. They are asking for support for these two events. Mr. Trahan acknowledged City staff for moving forward with the 4 th of July Fireworks event. He invited citizens to attend the Jet Ski Competition Saturday, July 14 th and Sunday, July 15 th at the City Boat Ramp. ORDINANCES FINAL READING: ORDINANCE AMENDING THE 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 TH 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. Council Member Mello moved to approve the ordinance. Second to the motion was made by Page 8 of 44

9 Regular Meeting 3 July 10, 2018 Council Member Pernell which carried unanimously. A copy of this ordinance is being made a part of these minutes as Ordinance Number RESOLUTIONS FINAL READING: RESOLUTION APPROVING THE GROUND LEASE AGREEMENT OF TWENTY-FIVE YEARS AT $100 EACH YEAR, MEMORANDUM OF LEASE, CONSENT AND AGREEMENT TO MODIFICATION OF RESTRICTIVE COVENANTS, AND THE CITY OF ORANGE ECONOMIC DEVELOPMENT CORPORATION INFRASTRUCTURE GRANT AGREEMENT NOT TO EXCEED $200,000 CONCERNING THE NEW BOARDWALK GRILLE PROJECT AT 5 TH STREET & DIVISION AVENUE IN DOWNTOWN ORANGE. Mr. Trahan advised at the last meeting Mayor Pro-Tem Pullen asked who was responsible for paying the taxes on the property. He referred to a case in Travis County that mimics this same situation. He advised staff consulted with its legal advisors and they advised that the owner of the Boardwalk Grille, Jake LeMoine, is responsible for the taxes on any improvements that are done at the site and that the Orange Economic Development Corporation maintains the ownership of the land tract and is tax exempt. Council Member Mello moved to approve the resolution. Second to the motion was made by Mayor Pro-Tem Pullen which carried unanimously. A copy of this resolution is being made a part of these minutes as Resolution Number DISCUSSION/ACTION MOTION APPOINTING ANNA SMITH AND SUZONNE CROCKETT TO THE CITY OF ORANGE CONVENTION AND VISITORS ADVISORY BOARD EFFECTIVE JULY 10, JUNE 30, Council Member Mello moved to approve the motion. Second to the motion was made by Council Member Pernell which carried unanimously. MOTION ACKNOWLEDGING THE REVIEW AND ADOPTION OF THE CITY OF ORANGE, IDENTITY THEFT PREVENTION PROGRAM. Council Member Childs moved to approve the motion. Second to the motion was made by Council Member Pernell which carried unanimously. DISCUSSION AND POSSIBLE ACTION REGARDING NECESSARY BUSINESS RESULTING FROM HURRICANE HARVEY. There were no comments. Page 9 of 44

10 Regular Meeting 4 July 10, 2018 CITY MANAGER REPORT Dr. Oubre advised there will be a Joint Meeting of the Planning and Zoning Commission and the City Council for a workshop on Wednesday, July 18, 2018 at 5:30 p.m. at the Neighborhood Facility Building. Dr. Oubre wanted to give credit to Mr. Trahan for his hard work on the 4 th of July Fireworks event. CITY COUNCIL REPORT Mayor Pro-Tem Pullen encouraged citizens to attend the Jet Ski competition this weekend. Council Member Childs advised that he attended several Orange County flood meetings. He advised the meetings were well attended and were very positive. He advised his business was robbed three times in the last two and a half weeks. He thanked the Police Department and the citizens for their help. He would like to schedule a workshop regarding the start up of a Community Neighborhood Watch Program. Council Member Salter congratulated Dr. Crockett and Ms. Smith on their appointments to the Convention and Visitors Bureau Advisory Board. Mayor Spears encouraged citizens to attend to attend the Biker and Car Festival, Saturday, July 14, 2018 at the Orange Riverfront Boardwalk and Pavilion at 9:00 a.m. ADJOURNMENT There being no further business before the Council, Council Member Childs moved to adjourn the meeting. Second to the motion was made by Council Member Salter which carried unanimously. The meeting adjourned at 9:23 a.m. ATTEST: Larry Spears Jr., Mayor Patricia Anderson, City Secretary Page 10 of 44

11 roclamation OFFICE OF THE MAYOR City of Orange WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS Michael Christian Gobert was born on July 29, 1999 in Sulphur, Louisiana; and Michael, a 2017 graduate of West Orange-Stark High School was a freshman at Texas Southern University where he was majoring in Computer Science; and he was a member of Morning Star Baptist Church and he would attend the Conventions of Jehovah s Witnesses; and Michael was a genuine and loving soul, he was brutally honest with a dry sense of humor. He did not bite his tongue from anyone, and he loved making people laugh with jokes and his terrible rhythmless dancing; and he had a zest for life and he was always positive and optimistic no matter what obstacles he faced; and Michael grew up playing football and baseball, but he had a special knack for baseball, where he played travel ball growing up and played varsity baseball for the Vinton Lions; and anyone who knows Mikey, knows that he was a true finesser, if you had something and he wanted it bad enough, he would finesse you out of it; and Michael loved to look nice and he had a taste for the finer things and the sky was the limit; and he always expressed his love for his family and friends, and if he cared about you, he truly cared about you and he would do anything for you; NOW THEREFORE I, Larry Spears Jr., Mayor of the City of Orange, Texas, do hereby proclaim July 29, 2018 as MICHAEL CHRISTIAN GOBERT DAY in the City of Orange, Texas as we remember the life of Mr. Gobert. IN WITNESS WHEREOF I have hereunto set my hand and have caused the seal of the City of Orange, Texas to be hereto affixed this 24 th day of July, Larry Spears Jr, Mayor Page 11 of 44

12 Proclamation OFFICE OF THE MAYOR City of Orange WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS citizens of Orange, Texas, participate in cowboy culture through ranching, cattle raising, trail rides, rodeos, western art, and other aspects of western heritage; and the region around Orange, Texas, has historic associations with cattle drives before the Civil War from South Texas to markets in New Orleans; and the Stark museum of Art, under the auspices of the Nelda C. and H.J. Lutcher Stark Foundation, celebrates cowboy culture and highlights the roles of diverse participants in western history through two outstanding exhibitions, Portraits from Cowboys of Color: Photographs by Don Russell and Cowboy Legends and Life; and engaging programs at the Stark Museum of Art, such as Stories from Cowboys of Color: An Afternoon with Don Russell, Cleo Hearn, Myrtis Dightman, Bailey The Prairie Kid, and Jason Griffin and Cowboy Family Day, increase enjoyment and appreciation of cowboy culture; and the State of Texas, through Senate Bill 1522 signed by Governor Greg Abbot, has designated the fourth Saturday in July as National Day of the Cowboy in recognition of the historic, cultural, and social contributions of the cowboy; and across the country, celebrations of cowboy culture are encouraged by the National Day of the Cowboy, a non-profit organization that works to contribute to the preservation of America s cowboy culture and pioneer heritage; NOW THEREFORE I Larry Spears Jr., Mayor of the City of Orange, Texas, do hereby proclaim Saturday, July 28, 2018 as NATIONAL DAY OF THE COWBOY and encourage citizens to help celebrate this day in the City of Orange. IN WITNESS WHEREOF I have hereunto set my hand and have caused the seal of the City of Orange, Texas to be hereto affixed this the 24 th day of July, Larry Spears Jr., Mayor Page 12 of 44

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44 A RESOLUTION RE-NAMING A PUBLIC BUILDING IDENTIFIED AS THE ORANGE COMMUNITY CENTER LOCATED AT 103 NORTH FIFTH STREET, ORANGE, TEXAS TO (?). WHEREAS, the building located at 103 North Fifth Street has been known as the Orange Community Center Building; and WHEREAS, former City of Orange City Council Member Essie L. Bellfield served on Council for eleven (11) years; and WHEREAS, Ms. Bellfield served as Mayor from May May 2000; and WHEREAS, naming this building the (?) honors the contributions and public service of former City Council Member Essie L. Bellfield; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS: That the City Council of the City of Orange hereby names the building located at 103 North Fifth Street the (?) PASSED, APPROVED and ADOPTED on this the 24 th day of July ATTEST: Larry Spears Jr., Mayor Patricia Anderson, City Secretary APPROVED: City Attorney Page 44 of 44