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City Council Meeting, January 24, 2017City of Orange, Texas

MEETING AGENDA

ORANGE CITY COUNCILOrange Public Library Auditorium

220 N. Fifth StreetOrange, Texas

January 24, 20175:30 P.M.

1. CALL TO ORDER Mayor

2. INVOCATION and PLEDGE OF ALLEGIANCE Council Member Pernell

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 10, 2017 Regular City Council Meeting 5 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.

6. ORDINANCES

a) Final Reading:

Consider an ordinance of the City Council of the City of Orange,Texas amending Chapter 12.302 “Zoning Board of Adjustment”in its entirety; repealing all ordinances in conflict to the extent ofany conflict, providing for a severability clause, and establishingan effective date. (First Reading January 10, 2017) 10 Staff: Knauf

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b) First Reading:

Consider an ordinance re-adopting Article 7.1400: Curfew forMinors; providing curfew hours for minors; providing for offensesand defenses; providing for a penalty for violation of theordinance by minors, their parents or guardians, and owners,operators and employees of establishments of a fine not toexceed $500.00; providing for severability, providing for aneffective date; and providing for enforcement as required byTexas Local Government Code Section 370.002. 16 Staff: Martin

c) First Reading:

Consider an ordinance of the City Council of the City of Orange,Texas, authorizing participation with other Entergy service areacities in matters concerning Entergy Texas, Inc. at the PublicUtility Commission of Texas and the Federal Energy RegulatoryCommission in 2017. 22 Staff: Oubre

7. RESOLUTIONS

a) Consider a resolution ordering a General Election for thepurpose of electing a Council Member for Place 3 (Single-Member District 3) and a Council Member for At-Large Place 6;providing for the date, hours, ballot, early voting clerk and noticeof election; providing for polling places, judges and pay,providing for other matters relating to the City election; orderinga Run-Off Election, if necessary, to be held June 17, 2017; anddetermining that the meeting at which this Resolution is passedis open to the public as required by law.

Una resolución ordenando una elección general con elpropósito de elegir a un solo miembro del concilio al distrito 3;y a un miembro del concilio a lo general al lugar 6; indicando lafecha, las horas, la boleta, empleo del secretario para lavotación, los jueces y salarios, la indicación de otros asuntosrelativos necesarios a la elección electoral (elección de “Run-Off”); que tendrá cabo el 17 de junio de 2017 para la elecciónde la ciudad; y para determinar que la reunión en que se aprobóesta resolución esté abierta para el público como se requierepor ley. 25 Staff: Oubre

b) Consider a resolution authorizing the City Manager to enter intoa Joint Election Agreement with the City of Pinehurst, WestOrange-Cove CISD, and Little Cypress-Mauriceville CISD asauthorized by the Texas Election Code. 33 Staff: Oubre

c) Consider a resolution entering into an agreement with theOrange County Elections Administrator to provide electionservices for the City of Orange. 37 Staff: Oubre

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d) Consider a resolution entering into an agreement with theOrange County Elections Administrator for the lease of fiveAutomark Voter Assist Terminals. 41 Staff: Oubre

e) Consider a resolution of the City Council of the City of Orange,of Orange County, Texas supporting the formation of theOrange County, Texas Hospital District requesting OrangeCounty Elections to place on the election ballot a proposition toapprove a hospital district for Orange County, Texas. 45 Staff: Trahan

f) Consider a resolution authorizing the City Manger to executeChange Order No. 1 with Excavation & Construction, LLC forSH 62 Water Extension to TXDOT. 47 Staff: Trahan/Wolf

8. DISCUSSION/ACTION

a) Consider a motion appointing Wendy Elliott to the City ofOrange Convention and Visitors Advisory Board effectiveJanuary 24, 2017 - December 31, 2018. 52 Staff: Trahan

b) Consider a motion re-appointing Edward Freiberg to the ZoningBoard of Adjustment for a term ending December 31, 2018. 55 Staff: Knauf

c) Consider a motion re-appointing Ryan Crowell to the ZoningBoard of Adjustment for a term ending December 31, 2018. 57 Staff: Knauf

d) Consider a motion re-appointing Jim Bean to the Zoning Boardof Adjustment for a term ending December 31, 2018. 59 Staff: Knauf

e) Consider a motion finding that Dorothy Brandon’s term on theZoning Board of Adjustment is necessary for the requirement ofthe position and re-appoint Dorothy Brandon to the ZoningBoard of Adjustment for a term ending December 31, 2017. 61 Staff: Knauf

f) Consider a motion appointing Mark Frey to the Zoning Board ofAdjustment for a term ending December 31, 2017. 64 Staff: Kanuf

9. REPORTS

a) City Manager Report

b) City Council Report

10. 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 }January 10, 2017

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, January 10, 2017.

COUNCIL MEMBERS PRESENT: Jimmy Sims MayorLarry Spears Jr. Mayor Pro TemPatrick A. Pullen Council MemberDr. Wayne Guidry Council MemberEssie Bellfield Council MemberAnnette Pernell Council MemberBill Mello Council Member

COUNCIL MEMBERS ABSENT: None

STAFF MEMBERS PRESENT: Dr. Shawn Oubre City Manager Jay Trahan Assistant City Manager,

Director of EconomicDevelopment

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 DirectorLee Anne Brown Deputy Fire ChiefHillary Hayes S o c i a l M e d i a

CoordinatorMike Zeto CIS ManagerKelly Griffin Police Evid. & ID TechJohn Cash Smith City Attorney

STAFF MEMBERS ABSENT: David Frenzel Fire Chief

Mayor Sims called the meeting to order at 9:00 A.M.

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

MOTION FINDING THAT THE ADVANCE POSTING AND NOTICE REQUIREMENTS OFARTICLE 8.1200 OF THE CODE OF ORDINANCES OF THE CITY OF ORANGE, TEXAS HAVE

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Regular Meeting 2 January 10, 2017

BEEN MET IN RELATION TO ALL MINUTES AND PENDING ORDINANCES ANDRESOLUTIONS ON THIS AGENDA AND THAT THE READING OF SUCH ITEMS BE CONFINEDTO THE CAPTION OF THE ORDINANCES AND RESOLUTIONS.

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

APPROVAL OF MINUTES

Council Member Pernell moved to approve the minutes of the November 8, 2016 Orange EconomicDevelopment Corporation Meeting. Second to the motion was made by Council Member Mellowhich carried unanimously.

Council Member Mello moved to approve the minutes of the December 13, 2016 Regular Meetingof the Orange City Council. Second to the motion was made by Council Member Pullen whichcarried unanimously.

CITIZEN COMMENTS

Ms. Haynes invited citizens to attend the Back 2 Back WOS State Championship Parade andCelebration on Saturday, January 28, 2017 at the Riverfront Boardwalk and Pavilion from 4:00 P.M.until 8:00 P.M. The Parade will begin at 5:00 P.M.

Robert Rothrock, 1511 Dawnwood Drive, advised he is concerned about the water drainage and thespeeding in his neighborhood.

PROCLAMATION

A proclamation observing West Orange - Stark Mustang Varsity Football Team Day was acceptedby Coach Thompson.

ORDINANCES

FINAL READING:

ORDINANCE AMENDING THE CITY OF ORANGE OFFICIAL ZONING MAP, A PART OFCHAPTER 12: PLANNING AND ZONING, OF THE 2000 REVISED CODE OF ORDINANCES OFTHE CITY OF ORANGE, TEXAS: CHANGING THE ZONING CLASSIFICATION OF A 0.421 ACRETRACT OR PARCEL OF LAND ABST. 171 J. M. SPAULDING SURVEY AV TR 002C MORECOMMONLY KNOWN AS 1709 LUTCHER DRIVE AND A 0.861 ACRE TRACT OR PARCEL OFLAND ABST. 171 J. M. SPAULDING SURVEY AV TR 002 MORE COMMONLY KNOWN AS 1801LUTCHER DRIVE, ALL IN ORANGE COUNTY, TEXAS FORM “C-1" LIGHT COMMERCIALZONING DISTRICT TO “C-2" COMMERCIAL ZONING DISTRICT; PROVIDING FOR THEOFFICIAL ZONING MAP OF THE CITY OF ORANGE, TEXAS TO REFLECT SUCH CHANGE; AND

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MAKING CERTAIN FINDINGS RELATIVE THERETO.

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

A copy of this ordinance is being made a part of these minutes as Ordinance Number 2017-1.

FINAL READING:

ORDINANCE AMENDING THE OFFICIAL FUTURE LAND USE MAP TO ADD A 5.289 ACRETRACT OF LAND OUT OF THE CLAIBORNE WEST SURVEY, ABSTRACT NO. 27 ANNEXED ONNOVEMBER 8, 2016 AND LOCATED NEAR THE INTERSECTION OF HIGHWAY 62 ANDINTERSTATE 10 AND DESIGNATING THE LAND AS COMMERCIAL; DIRECTING THE CITYMANAGER TO AMEND THE FUTURE LAND USE MAP; MAKING CERTAIN FINDINGS RELATIVETHERETO; AND ESTABLISHING AN EFFECTIVE DATE.

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

A copy of this ordinance is being made a part of these minutes as Ordinance Number 2017-2.

FIRST READING:

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS AMENDING CHAPTER12.302 “ZONING BOARD OF ADJUSTMENT” IN ITS ENTIRETY; REPEALING ALL ORDINANCESIN CONFLICT TO THE EXTENT OF ANY CONFLICT, PROVIDING FOR A SEVERABILITYCLAUSE, AND ESTABLISHING AN EFFECTIVE DATE.

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

RESOLUTIONS

RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDING FROM THENELDA C. AND H. J. LUTCHER STARK FOUNDATION IN THE AMOUNT OF $35,300.00 FORDEMOLITION OF PROPERTIES AS DETERMINED BY GRANTEE TO BE NECESSARY FORHEALTH AND/OR SANITATION PURPOSES.

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

A copy of this resolution is being made a part of these minutes as Resolution Number 2017-1.

RESOLUTION AWARDING A CONTRACT FOR TRANSPORTATION AND DISPOSAL OFWASTEWATER TREATMENT SLUDGE TO SPRINT WASTE SERVICES, LP.

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

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A copy of this resolution is being made a part of these minutes as Resolution Number 2017-2.

DISCUSSION/ACTION

MOTION DECLARING A 1993 QUALITY PUMPER, ENGINE 4 AS SURPLUS AND AUTHORIZINGDISPOSAL BY AUCTION THROUGH RENÉ BATES AUCTIONEERS, INC.

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

CITY MANAGER REPORT

Dr. Oubre advised the filing period for a place on the ballot for the May 6, 2017 City of OrangeGeneral Election is January 18, 2017 through February 17, 2017.

CITY COUNCIL REPORT

Mayor Pro Tem Spears thanked: everyone for attending the meeting; City staff for their hard work;and for the Proclamation congratulating the West Orange - Stark Mustang Varsity Football Team fortheir Back 2 Back State Championships.

Council Member Bellfield advised she is concerned about the lighting on MacArthur Drive and theclosing of Baptist Hospital.

Council Member Guidry thanked Dr. Oubre and City staff for taking the lead on the hospital issue.

Council Member Pullen encouraged citizens to keep the West Orange - Stark students and staff whowere involved in the accident over the weekend in their prayers.

Mayor Sims advised the emergency room at Baptist Hospital will be shut down permanentlyThursday, January 12, 2017. There are three emergency facilities in Orange that can not denytreatment for life threatening incidents. The City of Orange has been the lead entity for the hospitalissue, but has turned it over to Orange County. The City will continue to support the effort.

ADJOURN TO CLOSED EXECUTIVE SESSION

a) Deliberation regarding Real Property pursuant Chapter 551 of the Texas Government Code:

(1) Deliberation regarding the purchase, exchange, lease or value of real property asauthorized by subsection 551.072 regarding City of Orange property located at 1000Simmons Drive, Orange, Texas.

The Council met in closed executive session at 9:51 A.M.

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RECONVENE IN OPEN SESSION

The Council reconvened in open session at 10:30 A.M.

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

No action was taken.

ADJOURNMENT

There being no further business before the Council, Council Member Pernell moved to adjourn themeeting which carried unanimously.

The meeting adjourned at 10:30 A.M.

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 an ordinance amending Section 12.302 of the Orange Code of Ordinances “Zoning Board of Adjustment” in its entirety

Date: January 13, 2017

Background

Section 12.302 of the Code of Ordinances provides for the establishment of the Zoning Board of Adjustment (“BOA”). The BOA is responsible for hearing and deciding variance requests to the zoning ordinance, deciding whether to grant a Special Exception as required by the zoning ordinance, and hearing appeals to administrative decisions of administrative officials.

Currently, the Board of comprised of seven (7) members, who must be residents of Orange and eligible voters. Due to term limits, legal decisions and resignations, only three members of the current board are eligible to be re-appointed. The Texas Local Government Code requires that seventy-five percent of the members (6 of the 7 members) be present at a meeting to hear cases.

The Texas Local Government Code also allows cities to have a Zoning Board of Adjustment with at least five (5) members. By reducing the number of members on the Board of Adjustments from seven (7) to five (5), the City stands a much greater chance of having 75% of the members (4 of the 5 members) available to attend BOA meetings.

Attached for your consideration is a proposed ordinance that provides for the following:

Reduces the number of BOA members from seven (7) to five (5); Adds a provision that the City Council can appoint alternate members; Adds a provision stating that the Chair and Vice-Chair be elected annually; Eliminates wording that is based on a seven member BOA; Eliminates the requirement that the BOA meet with the Planning and Zoning Commission once a

year; Eliminates the requirement that the BOA meet with the City Council once a year; and Adds a requirement that if an application is denied by the BOA, the same or substantially similar

application cannot be heard by the BOA until twelve months have passed.

Attached is a “marked up” version of the ordinance showing the current ordinance and the proposed changes and a “clean copy “of the proposed ordinance.

The City Council passed this ordinance on first reading on January 10, 2017.

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Recommendation

I recommend that the City Council adopt the attached ordinance amending Section 12.302 of the Orange Code of Ordinances in its entirety.

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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS AMENDING CHAPTER 12.302 “ZONING BOARD OF ADJUSTMENT” IN ITS ENTIRETY; REPEALING ALL ORDINANCES IN CONFLICT TO THE EXTENT OF ANY CONFLICT, PROVIDING FOR A SEVERABILITY CLAUSE, AND ESTABLISHING AN EFFECTIVE DATE

WHEREAS, The Texas Local Government Code Section 12.302 authorizes municipalities to establish a Zoning Board of Adjustment to hear and decide variance requests to the zoning ordinance, decide whether or not to grant a Special Exception as required by the zoning ordinance, and hear appeals to administrative decisions of administrative officials; and,

WHEREAS, the Texas Local Government Code allows for the establishment of a Zoning Board of Adjustment with at least five members; and

WHEREAS, the Orange City Council believes that revising Chapter 12.302 of the Orange Code of Ordinances “Zoning Board of Adjustment” will result in more efficient operations of the Zoning Board of Adjustment; now, therefore

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

Section 1. That Chapter 12.302 “Zoning Board of Adjustment” is hereby amended in its entirety as shown on the attached Exhibit “A”.

Section 2. That all Ordinances that are in conflict with the provisions of this Ordinance be repealed and all other Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect.

Section 3. That it is expressly ordained that if any section or subsection, clause, sentence or paragraph of the ordinance 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 or section individually.

Section 4. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code Chapter 551.

Section 5. That this ordinance shall become effective upon second and final passage by the City Council and publication as required by State law.

PASSED AND APPROVED on first reading this the 10th day of January, 2017.

PASSED, APPROVED AND ADOPTED on second reading this the 24th day of January, 2017.

Jimmy Sims, Mayor

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ATTEST:

Patricia Anderson, City Secretary

APPROVED AS TO FORM:

City Attorney

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Exhibit A

Sec. 12.302 – Zoning Board of Adjustment (a) Zoning Board of Adjustment Creation. The Zoning Board of Adjustment is established with the adoption of this ordinance. (b) Zoning Board of Adjustment Members Qualification. The members of the Zoning Board of Adjustment shall be residents of Orange and qualified voters. (c) Zoning Board of Adjustment Members Appointment. The zoning board of adjustment shall consist of five (5) members appointed by the city council for terms of two (2) years, or until their successors are appointed. All terms shall expire effective December 31. Three members of the Zoning Board of Adjustment shall be appointed in every even numbered year, and two (2) members shall be appointed in every odd numbered year. The City Council may appoint alternate members to the Board. The city manager may appoint ex-officio members of the board. Vacancies in an unexpired term shall be filled by appointment made by the city council for the remainder of the term. The Zoning Board of Adjustment shall annually elect a chairman and vice-chairman from among its membership at the first meeting of each calendar year. (d) Zoning Board of Adjustment Meetings, Quorum and Actions. The Zoning Board of Adjustment shall meet no less than once a month, unless a meeting is not necessary. In such case, a cancellation notice will be posted.

Four (4) regular and/or alternate members of the Board shall constitute a quorum of the five (5) members.

As prescribed by state law, actions by the Board must be concurred by no less than seventy-five percent (75%) of the members of the Board. If five (5) regular and/or alternate members are present, four (4) members must concur.

(e) Rules of Operating the Zoning Board of Adjustment. The Zoning Board of Adjustment shall, subject to the approval of the city council, make such rules and regulations and adopt such bylaws for its own government and for persons appearing before such body, as it may deem proper. (f) Purpose and Duties of the Zoning Board of Adjustment. The Zoning Board of Adjustment shall have the authority to:

(1) Exercise the appropriate power, authority, and duties pursuant to the laws of the State of Texas and ordinances of the City of Orange; (2) Act on applications for variances to the zoning ordinance: (3) Act on applications for special exceptions to the zoning ordinance; (4) Decide appeals from an administrative decision of city staff; (5) Hold public hearings in conjunction with the city council, as necessary;

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Exhibit A

(6) Once an application has been heard by the Zoning Board of Adjustment and denied, the same or substantially similar subject may not be heard by the Board until twelve months have lapsed.

(1982 Code of Ordinances, Chapter 13, Section 3)

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