MEETING AGENDA ORANGE CITY COUNCIL Orange Fire Department Substation No Martin Luther King Drive Orange, Texas

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1 MEETING AGENDA ORANGE CITY COUNCIL Orange Fire Department Substation No Martin Luther King Drive Orange, Texas February 26, :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 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) February 12, 2013 Regular City Council Meeting 3 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. ORDINANCES a) Final Reading: Consider an ordinance amending the City of Orange Official Zoning Map, a part of Chapter 12: Planning and Zoning, of the 2000 Revised Code of Ordinances of the City of Orange, Texas: Changing the zoning classification of Lot 1, Block 5, David Bland Addition, a portion of the adjacent abandoned street right-of-way and a portion of the adjacent canal bank, more commonly known as 412 Dakota, from C-S Cove Commercial Special Cove Zoning District to R-4" Manufactured Homes Zoning District; providing for the Official Zoning Map of the City of Orange, Texas to reflect such change; and making certain findings relative thereto. (First Reading February 12, 2013) 12 Staff: Lewis City Council Meeting, February 26, 2013 City of Orange, Texas Page 1 Page 1 of 44

2 b) Final Reading: Consider an ordinance amending the Land Use Matrix, being part of Chapter 12, Planning and Zoning of the 2000 City of Orange Code of Ordinances to allow scrap metal related businesses only in C-2" Commercial Zoning District by special exception only; making certain findings relative thereto. (First Reading February 12, 2013) 17 Staff: Lewis c) First Reading: Consider an ordinance granting a franchise to Beckett& Beckett, Inc. 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. 21 Staff: Oubre 7. RESOLUTIONS a) Consider a resolution authorizing the City Manager to enter into a contract with Moore Archeological Consulting, Inc. 36 Staff: Lewis 8. REPORTS a) City Manager Report b) City Council Report 9. ADJOURNMENT City Council Meeting, February 26, 2013 City of Orange, Texas Page 2 Page 2 of 44

3 STATE OF TEXAS } COUNTY OF ORANGE } February 12, 2013 BE IT REMEMBERED THAT a Regular Meeting of the City Council of the City of Orange, Orange County, Texas, was held in the Library Auditorium on Tuesday, February 12, MEMBERS PRESENT: Jimmy Sims Mayor Theresa Beauchamp Mayor Pro Tem Cullin Smith Council Member Essie Bellfield Council Member Annette Pernell Council Member Bill Mello Council Member Charles Guillory Council Member Shawn Oubre City Manager Kerry Kittrell City Secretary John Cash Smith City Attorney MEMBERS ABSENT: None Mayor Sims called the meeting to order at 9:08 A.M. Council Member Bellfield 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 RESOLUTIONS ON THIS AGENDA AND THAT THE READING OF SUCH ITEMS BE CONFINED TO THE CAPTION OF THE ORDINANCES AND RESOLUTIONS. Council Member Pernell moved to approve the motion. Second to the motion was made by Council Member Charles Guillory which carried unanimously. APPROVAL OF MINUTES Council Member Guillory moved to approve the minutes of the November 6, 2012 Joint Meeting of the City Council and the Planning and Zoning Commission. Second to the motion was made by Council Member Pernell. Council Member Bellfield moved to approve the minutes of the January 22, 2013 Regular Meeting of the City Council. Second to the motion was made by Mayor Pro Tem Beauchamp which carried unanimously. Page 3 of 44

4 Regular City Council Meeting 2 February 12, 2013 CITIZEN COMMENTS Edward Hawthorne, 4411 Hillbrook Drive, advised the City of Orange needs to write a proposal for positive plans to grow Orange. Ronnie Crockett, 4701 Fairway Drive, thanked Mayor Pro Tem Beauchamp for coming to the Martin Luther King Day ceremony. Susie Murray, 1315 First Street, advised she is disturbed about the Confederate Flag being placed on MLK Drive. She is thankful for the help from First United Methodist Church for the Feed My Sheep Program offered once a month at her church. City Attorney, John Cash Smith, advised he is in agreement with the citizen s concern regarding the planned Confederate Park on MLK Drive. It is against what the City stands for. The problem is a freedom of speech and expression under the Constitution. He advised the City and citizens must tread carefully to discourage what is going on. Barry Bradley, 501 W. Pine Avenue, thanked the City Council and City staff for the hard work in bringing the water/sewer easement situation on MLK Drive to a good closure. First Baptist Church Orange is very appreciative for the assistance by the City of Orange. He hopes the location of the new Church on MLK Drive will bring even more economic development to Orange. Addie Allen advised she is opposed to the Confederate Park on MLK Drive. She asked Council to lead citizens through the situation. Tommy Carl Smith, 5700 Velma Jeter Drive, advised he is opposed to the tearing down of the apartments. Joseph Robinson, member of the Orange Housing Authority Board, advised he is concerned about the communication between members of the Board. Betty Wade, 609 W. Park, advised in 2013 citizens should not be faced with the Confederate Flag. She respects the Christian Flag, the United States Flag and the State Flag. She hopes as a community something can be done about the Confederate Park on MLK Drive. Robert Johnson, 1406 N. Fifth Street, asked for a name on the Orange Housing Authority Board that he may contact. City Manager, Shawn Oubre, advised Joseph Robinson or Mary McKenna. John Cash Smith advised the Orange Housing Authority is a separate government entity. The City only appoints members to the board. Tommy Carl Smith advised he thinks the City should have some input on how the Board operates. ORDINANCES PRESENTATION AS TO THE CITY OF ORANGE, ORANGE COUNTY, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013 (THE BONDS ) FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS OF THE CITY (THE REFUNDED OBLIGATIONS ). Page 4 of 44

5 Regular City Council Meeting 3 February 12, 2013 CONSIDERATION AND POSSIBLE ACTION IN ACCORDANCE WITH SECTION , TEXAS GOVERNMENT CODE, AS AMENDED TO DELEGATE TO A DESIGNATED PRICING OFFICER (THE PRICING OFFICE ) THE AUTHORITY TO DETERMINE THE PRINCIPAL AMOUNT OF THE BONDS TO BE ISSUED AND NEGOTIATE THE TERMS OF THE SALE THEREOF, AND TO SELECT THE SPECIFIC MATURITIES, IN WHOLE OR IN PART, OF THE REFUNDED OBLIGATIONS TO BE REFUNDED AND TO ACHIEVE A PRESENT VALUE DEBT SERVICE SAVINGS TO BE INCLUDED IN A PRICING CERTIFICATE (THE PRICING CERTIFICATE ) TO BE EXECUTED BY THE PRICING OFFICER. ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF ORANGE, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013"; SPECIFYING THE TERMS AND FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; DELEGATING MATTERS RELATING TO THE SALE AND ISSUANCE OF THE BONDS TO AN AUTHORIZED CITY OFFICIAL; PROVIDING FOR THE REDEMPTION OF CERTAIN OUTSTANDING OBLIGATIONS OF THE CITY; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A SPECIAL ESCROW AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AND PROVIDING AN EFFECTIVE DATE. A copy of this ordinance is being made a part of these minutes as Ordinance Number CONSIDERATION AND POSSIBLE ACTION TO AUTHORIZE THE ISSUANCE AND DELIVERY OF AN OFFICIAL STATE BY THE DULY AUTHORIZED CITY OFFICIALS AS TO THE BONDS. CONSIDERATION AND POSSIBLE ACTION TO AUTHORIZE MAYOR, CITY SECRETARY AND/OR OTHER CITY OFFICIALS TO EXECUTE AND DELIVER SUCH CERTIFICATES, AGREEMENTS, AFFIDAVITS, NOTICES AND DOCUMENTS AS MAY BE NECESSARY TO PROCEED WITH THE ISSUANCE AND SALE OF THE CITY OF ORANGE, ORANGE COUNTY, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013 AND AUTHORIZING SAID MAYOR, CITY SECRETARY AND/OR OTHER CITY OFFICIALS TO TAKE SUCH ACTION AS MAY BE NECESSARY FOR THE ISSUANCE AND SALE OF SAID BONDS. CONSIDERATION AND POSSIBLE ACTION TO APPROVE BOND COUNSEL ENGAGEMENT WITH GERMER GERTZ, L.L.P. MOTION TO ADOPT A POST-ISSUANCE COMPLIANCE POLICY FOR TAX-EXEMPT OBLIGATIONS AND DESIGNATION OF COMPLIANCE COORDINATOR. Mayor Pro Tem Beauchamp moved to approve the foregoing seven items in one motion. Second to the motion was made by Council Member Bellfield which carried unanimously. PRESENTATIONS CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING Page 5 of 44

6 Regular City Council Meeting 4 February 12, 2013 PRESENTED TO GAIL ENGLISH. Mayor Sims presented Gail English, Director of Finance, a Certificate of Achievement for Excellence in Financial Reporting. Ms. English thanked Sherry Jackson, Accounting Manager, and her staff for their hard work. Ms. English advised this is the 20 th year the City has received this award. FEMA MAP PRESENTATION Tom Reynolds, Building Official, presented FEMA maps for the new flood plan. He advised all questions and concerns should be addressed to FEMA. The website to view the maps is PUBLIC HEARING CONDUCT A PUBLIC HEARING TO RECEIVE CITIZEN S COMMENTS ON THE PROPOSED ACTIVITY OF: CLEARANCE AND DEMOLITION WHICH IS A PART OF THE CITY S ANNUAL ACTION PLAN OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. The public hearing began at 10:15 A.M. There were no citizen comments. The public hearing ended at 10:20 A.M. ORDINANCES (CONTINUED) FIRST READING: ORDINANCE AMENDING THE CITY OF ORANGE OFFICIAL ZONING MAP, A PART OF CHAPTER 12: PLANNING AND ZONING, OF THE 2000 REVISED CODE OF ORDINANCES OF THE CITY OF ORANGE, TEXAS: CHANGING THE ZONING CLASSIFICATION OF LOT 1, BLOCK 5, DAVID BLAND ADDITION, A PORTION OF THE ADJACENT CANAL BANK, MORE COMMONLY KNOWN AS 412 DAKOTA, FROM C-S COVE COMMERCIAL SPECIAL COVE ZONING DISTRICT TO R-4" MANUFACTURED HOMES ZONING DISTRICT; PROVIDING FOR THE OFFICIAL ZONING MAP OF THE CITY OF ORANGE, TEXAS TO REFLECT SUCH CHANGE; AND MAKING CERTAIN FINDINGS RELATIVE THERETO. Council Member Bellfield moved to approve the ordinance. Second to the motion was made by Council Member Mello which carried unanimously. FIRST READING: ORDINANCE AMENDING THE LAND USE MATRIX, BEING PART OF CHAPTER 12, PLANNING AND ZONING OF THE 2000 CITY OF ORANGE CODE OF ORDINANCES TO ALLOW SCRAP METAL RELATED BUSINESSES ONLY IN C-2" COMMERCIAL ZONING DISTRICT BY SPECIAL EXCEPTION ONLY; MAKING CERTAIN FINDINGS RELATIVE THERETO. Page 6 of 44

7 Regular City Council Meeting 5 February 12, 2013 Mayor Pro Tem Beauchamp moved to approve the ordinance. Second to the motion was made by Council Member Pernell which carried unanimously. FINAL READING: ORDINANCE AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS, INC. AT THE PUBLIC UTILITY COMMISSION OF TEXAS AND THE FEDERAL ENERGY REGULATORY COMMISSION IN Council Member Guillory moved to approve the ordinance. Second to the motion was made by Council Member Bellfield which carried unanimously. A copy of this ordinance is being made a part of these minutes as Ordinance Number RESOLUTIONS RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LICENSE AGREEMENT, INDEMNITY AND RELEASE WITH THE NELDA C. AND H. J. LUTCHER STARK FOUNDATION FOR THE USE OF STARK PARK FOR THE 11 TH ANNUAL ART IN THE PARK, MARCH 16, Council Member Bellfield moved to approve the resolution. Second to the motion was made by Mayor Pro Tem Beauchamp which carried unanimously. A copy of this resolution is being made a part of these minutes as Resolution Number RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE SOUTHERN PROFESSIONAL OUTBOARD RACING TOUR (SPORT) FOR THE 2013 TUNNEL BOAT RACES TO BE HELD IN ORANGE, TEXAS SEPTEMBER 20 THROUGH 22, Council Member Guillory moved to approve the resolution. Second to the motion was made by Council Member Mello which carried unanimously. A copy of this resolution is being made a part of these minutes as Resolution Number RESOLUTION OF THE CITY COUNCIL, ON BEHALF OF THE CITY OF ORANGE, TEXAS TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH PRINTPAK, INC. A copy of this resolution is being made a part of these minutes as Resolution Number RESOLUTION OF THE CITY COUNCIL, ON BEHALF OF THE CITY OF ORANGE, TEXAS TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH INVISTA S.A.R.L. A copy of this resolution is being made a part of these minutes as Resolution Number RESOLUTION OF THE CITY COUNCIL, ON BEHALF OF THE CITY OF ORANGE, TEXAS TO Page 7 of 44

8 Regular City Council Meeting 6 February 12, 2013 EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH CHEVRON PHILLIPS CHEMICAL COMPANY, LP. A copy of this resolution is being made a part of these minutes as Resolution Number RESOLUTION OF THE CITY COUNCIL, ON BEHALF OF THE CITY OF ORANGE, TEXAS TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH E.I. DUPONT DENEMOURS AND COMPANY (LIVE OAK WAREHOUSE). A copy of this resolution is being made a part of these minutes as Resolution Number RESOLUTION OF THE CITY COUNCIL, ON BEHALF OF THE CITY OF ORANGE, TEXAS TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH E.I. DUPONT DENEMOURS AND COMPANY. A copy of this resolution is being made a part of these minutes as Resolution Number RESOLUTION OF THE CITY COUNCIL, ON BEHALF OF THE CITY OF ORANGE, TEXAS TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH HONEYWELL INTERNATIONAL, INC. A copy of this resolution is being made a part of these minutes as Resolution Number RESOLUTION OF THE CITY COUNCIL, ON BEHALF OF THE CITY OF ORANGE, TEXAS TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH FIRESTONE POLYMERS, L.L.C. A copy of this resolution is being made a part of these minutes as Resolution Number Council Member Guillory moved to approve the foregoing seven resolutions in one motion. Second to the motion was made by Council Member Bellfield which carried unanimously. RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SCHAUMBURG & POLK, INC. IN THE AMOUNT OF $76, FOR ENGINEERING SERVICES REQUIRED BY TEXAS DEPARTMENT OF TRANSPORTATION FOR RELOCATION OF UTILITIES WITHIN IH 10 RIGHT OF WAY WEST OF ADAMS BAYOU TO WEST SABINE RIVER. Council Member Bellfield moved to approve the resolution. Second to the motion was made by Council Member Mello which carried unanimously. A copy of this resolution is being made a part of these minutes as Resolution Number DISCUSSION/ACTION GAZEBO PROJECT PRESENTATION. AUTHORIZE STAFF TO COMPLETE NECESSARY DOCUMENTS TO ACCEPT PROJECT AND IN-KIND WORK FROM ORANGE ROTARY CLUB AND SABINE RIVER AUTHORITY. Mr. Oubre recommended tabling the item at this time. Page 8 of 44

9 Regular City Council Meeting 7 February 12, 2013 Council Member Bellfield moved to TABLE the item. Second to the motion was made by Mayor Pro Tem Beauchamp which carried unanimously. MOTION APPROVING A BEAUTIFICATION PROJECT WHICH INCLUDES THE PLANTING OF APPROXIMATELY 136 CREPE MYRTLE TREES IN THE CITY OF ORANGE. Council Member Mello moved to approve the motion. Second to the motion was made by Mayor Pro Tem Beauchamp which carried unanimously. MOTION APPROVING THE CITY OF ORANGE GUIDELINES FOR AUDIT SERVICES. Mayor Pro Tem Beauchamp moved to approve the motion. Second to the motion was made by Council Member Pernell which carried unanimously. MOTION ACCEPTING THE EDC AUDIT AS PRESENTED BY EDGAR, KIKER & CROSS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, Council Member Pernell moved to approve the motion. Second to the motion was made by Mayor Pro Tem Beauchamp which carried unanimously. MOTION AUTHORIZING THE ORANGE COUNTY MOSQUITO CONTROL DISTRICT TO FLY LOW ALTITUDES AS REQUIRED FOR THE APPLICATION OF INSECTICIDES FOR THE ABATEMENT OF MOSQUITOES WITHIN THE LIMITS OF THE CITY OF ORANGE. Council Member Bellfield moved to approve the motion. Second to the motion was made by Mayor Pro Tem Beauchamp which carried unanimously. CITY MANAGER REPORT Mr. Oubre advised of the following Neighborhood Meetings: Monday, February 25, 2013, North Early Learning Center, 801 Cordrey Tuesday, February 26, 2013, Orange Fire Department Substation #3, 171 Martin Luther King Drive Wednesday, February 27, 2013, National Guard Armory, 4103 Meeks Drive Thursday, February 28, 2013 Cove Baptist Church, 1005 Dupont Drive All meetings are from 5:30 P.M. until 6:30 P.M. Mayor Pro Tem Beauchamp suggested holding the Neighborhood Meetings quarterly in one location. CITY COUNCIL REPORT Mayor Pro Tem Beauchamp thanked David Self Ford for the United States Flag and the landscaping Page 9 of 44

10 Regular City Council Meeting 8 February 12, 2013 of his business. She advised Entergy does home inspections to help reduce energy cost. Council Member Bellfield commended the Orange Fire Department on the new fire truck. She encouraged citizens to attend the Black History Parade on February 25, Mr. Oubre advised the City received a grant to help off set the cost of the new fire truck. Council Member Pernell thanked the citizens who attended the meeting this morning. She advised Council received a letter from City Secretary Kerry Kittrell announcing her retirement. She thanked Ms. Kittrell for her dedicated service to the City of Orange. Council Member Mello congratulated Ms. Kittrell on her retirement. He thanked the City Secretary Office for its help. Council Member Guillory gave a brief history of Black History Month. He advised the County Wide Trash Off and the Mardi Gras Parade went well. The American Airlines ribbon cutting ceremony will be held Thursday, February 14, 2013 at the Jack Brooks Regional Airport in Jefferson County. Mayor Sims thanked the citizens who attended the meeting this morning. He advised the Council listens and does its best to follow up on citizens concerns. He thanked Ms. Kittrell for her service to the City and wished her the best in her retirement. ADJOURN TO CLOSED EXECUTIVE SESSION a) Deliberation with City Attorney pursuant to Chapter 551 of the Gov. Code: (1) Deliberation regarding the purchase, exchange, lease or value of real property located on Martin Luther King Drive and owned by Travis T. Miller and Stephen J. Lee, as authorized by Section of the Texas Government Code. The Council met in closed executive session at 11:15 A.M. RECONVENE IN OPEN SESSION The Council reconvened in open session at 11:30 A.M. TAKE ACTION AS NECESSARY REGARDING ITEMS 13 a(1). No action was taken. ADJOURNMENT There being no further business before the Council, Council Member Pernell moved to adjourn the meeting. Second to the motion was made by Council Member Bellfield which carried unanimously. Page 10 of 44

11 Regular City Council Meeting 9 February 12, 2013 The meeting adjourned at 11:30 A.M. ATTEST: Jimmy Sims, Mayor Patricia Anderson, Deputy City Secretary Page 11 of 44

12 DATE: February 5, 2013 TO: FROM: Shawn Oubre, City Manager Jimmie Lewis, Director of Planning and Community Development RE: CASE 13:01 - AN ORDINANCE TO CHANGE THE ZONING OF LOT 1, BLOCK 5, DAVID BLAND ADDITION, A PORTION OF THE ADJACENT ABANDONED STREET RIGHT-OF-WAY AND A PORTION OF THE ADJACENT CANAL BANK, MORE COMMONLY KNOW AS 412 DAKOTA FROM C-S COVE COMMERCIAL SPECIAL COVE ZONING DISTRICT TO R-4 MANUFACTURED HOMES ZONING DISTRICT. The Planning and Zoning Commission, at its regular meeting on February 5, 2013 voted unanimously 4-0 to recommend that the City Council approve this zoning request. Please place the attached ordinance on the City Council agenda for their consideration. If you should have any questions or require additional information, please feel free to contact me at extension Page 12 of 44

13 AN ORDINANCE AMENDING THE CITY OF ORANGE OFFICIAL ZONING MAP, A PART OF CHAPTER 12: PLANNING AND ZONING, OF THE 2000 REVISED CODE OF ORDINANCES OF THE CITY OF ORANGE, TEXAS: CHANGING THE ZONING CLASSIFICATION OF LOT 1, BLOCK 5, DAVID BLAND ADDITION, A PORTION OF THE ADJACENT ABANDONED STREET RIGHT-OF-WAY AND A PORTION OF THE ADJACENT CANAL BANK, MORE COMMONLY KNOW AS 412 DAKOTA, FROM "C-S COVE" COMMERCIAL SPECIAL COVE ZONING DISTRICT TO "R-4" MANUFACTURED HOMES ZONING DISTRICT; PROVIDING FOR THE OFFICIAL ZONING MAP OF THE CITY OF ORANGE, TEXAS TO REFLECT SUCH CHANGE; AND MAKING CERTAIN FINDINGS RELATIVE THERETO. WHEREAS, the Planning and Zoning Commission meet in regular session on February 5, 2013 and held a public hearing on this zoning request by Leslie Huckabay; and, WHEREAS, the Commission voted unanimously 4-0 to recommend that the City Council approve this request to amend the zoning of 412 Dakota as highlighted in Exhibit A and described in Exhibit B ; and, therefore, ORANGE, TEXAS: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SECTION I: THAT, the zoning classification of 412 Dakota as highlighted in Exhibit "A" and described in Exhibit B shall be amended from "C-S Cove" Commercial Special Cove Zoning District to "R-4" Manufactured Homes Zoning District. SECTION II THAT, the Official Zoning Map of the City of Orange, Texas be amended to reflect the zoning change described above, said zone change shall take effect and be in force from and after the Official Zoning Map reflects such change. SECTION III THAT, the City Council of the City of Orange, Texas hereby legislatively finds and determines that Page this ordinance 13 of 44 and the zoning district established

14 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; and that all procedural requirements have been satisfied as to this matter. PASSED and APPROVED on the first reading this the day of, PASSED and APPROVED, and ADOPTED on the final reading on this the day of, Jimmy Sims, Mayor ATTEST: APPROVED AS TO FORM: Patricia Anderson, Deputy City Secretary John Cash Smith, City Attorney Page 14 of 44

15 EXHIBIT A E Page 15 of 44

16 EXHIBIT B Page 16 of 44

17 DATE: February 5, 2013 TO: FROM: RE: Shawn Oubre, City Manager Jimmie Lewis, Director of Planning and Community Development CASE 13:03 - A REQUEST TO AMEND THE LAND USE MATRIX TO ALLOW SCRAP METAL COLLECTION, STORAGE AND SALVAGE ONLY IN C-2" COMMERCIAL ZONING DISTRICTS BY SPECIAL EXCEPTION ONLY. The Planning and Zoning Commission, at its regular meeting on February 5, 2013 voted 4-0 to recommend that the City Council approve the proposed ordinance amendments as shown in Exhibit A. The amendments eliminate business uses dealing with scrap metal in all district except C-2" by Special Exception and I Industrial Zoning Districts. Please place the attached ordinance on the City Council agenda for their consideration. If you should have any questions or require additional information, please feel free to contact me at extension Page 17 of 44

18 AN ORDINANCE AMENDING THE LAND USE MATRIX, BEING PART OF CHAPTER 12, PLANNING AND ZONING OF THE 2000 CITY OF ORANGE CODE OF ORDINANCES TO ALLOW SCRAP METAL RELATED BUSINESSES ONLY IN C-2" COMMERCIAL ZONING DISTRICT BY SPECIAL EXCEPTION ONLY; AND MAKING CERTAIN FINDINGS RELATIVE THERETO. WHEREAS, the Planning and Zoning Commission meet in regular session on February 5, 2013 and held a public hearing on this request by the City of Orange staff; and, WHEREAS, the Commission voted 4-0 to recommend that the City Council approve the land use matrix amendment as shown in Exhibit A which will allow scrap metal related businesses to be allowed in C-2" commercial zoning districts by Special Exception only as shown in Exhibit A ; and, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS: SECTION I: THAT, the City Council accepts the Planning and Zoning Commission recommendation and the proposed amendment to Land Use Matrix as shown in Exhibit "A", are hereby approved. SECTION II THAT, the 2000 Code of Ordinances be amended to reflect this amendment to the Land Use Matrix as shown in Exhibit A. SECTION II: THAT, the City Council of the City of Orange, Texas hereby legislatively finds and determines that these ordinance amendments 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; and Page 18 of 44

19 that all procedural requirements have been satisfied as to this matter. PASSED and APPROVED on the first reading this the day of, PASSED and APPROVED, and ADOPTED on the final reading on this the day of, Jimmy Sims, Mayor ATTEST: APPROVED AS TO FORM: Patricia Anderson, Deputy City Secretary John Cash Smith, City Attorney Page 19 of 44

20 EXHIBIT A Proposed Amendment to the Land Use Matrix: Existing C-S R-1 R-2 R-3 R-4 C-1 C-2 C-S Cove OTC IDC I 50 Wholesale trade X X X X P P P P P P P Durable Goods Proposed C-S R-1 R-2 R-3 R-4 C-1 C-2 C-S Cove OTC IDC I 50 Wholesale trade X X X X P P P P P P P Durable Goods Scrap Metal Collection, X X X X X SE X X X X P Salvage or Storage Page 20 of 44

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36 DATE: February 18, 2013 TO: FROM: RE: Shawn Oubre, City Manager Jimmie Lewis, Director of Planning and Community Development RESOLUTION ALLOWING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MOORE ARCHEOLOICAL CONSULTING, INC. The Texas Historic Commission has determined that the city will have to complete an archeological survey as part of the environmental review process to determine if the concrete lining of Cooper s Gulley (Hurricane Ike, Phase 2.2) will have an adverse effect on Hollywood Cemetary or any historical sites that might be buried along the drainageway. Staff advertised and requested qualifications from archeologists that were approved by the Texas Historic Commission. After reviewing the qualifications of the five qualifications staff interviewed two of the firms, HRA Gray and Pape and Moore Archeological Consulting. Staff determined that Moore Archeological Consulting would be the best fit fo this project. Moore has experience in this area and has dealt with a number of drainageway projects similar to this one. The estimated cost of the project is $21, Moore based the estimate on cost within the Houston area and he believes that some of these cost could be on the high side. All of the cost for this project will be taken from the Hurricane Ike, Phase 2.2 grant. This survey is just that, a survey. If historical evidence is found and the Texas Historical Commission believes that there could be negative effects to an historic site further work may have to be done to remeditae the effects. This work would be handled through a separate contract. Please place the attached resolution on the City Council agenda for their consideration. If you should have any questions or require additional information, please feel free to contact me at extension Page 36 of 44

37 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MOORE ARCHEOLOGICAL CONSULTING, INC. WHEREAS, the city staff carried out an environmental review of the the Cooper s Gulley concrete lining project and found that the Texas Historical Commission required an archeological survey ; and, WHEREAS, the city staff went through the process to select a professional archeologist and selected Moore Archeological Consulting, Inc. and is asking the City Council to accept this recommendation and authorize the City Manager to enter into a contract, as shown in Exhibit C to carry out the scope of the survey as shown in Exhibit A and for an estimated cost of $27,100 as shown in Exhibit B ; and therefore, ORANGE, TEXAS: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THAT, the City Council hereby agrees with the staff recommendation and approves authorizing the City Manager to enter into a contract with Moore Archeological Services, Inc. PASSED and APPROVED on this the day of, Jimmy Sims, Mayor ATTEST: APPROVED AS TO FORM: Kerry Kittrell, City Secretary Jack Smith, City Attorney Page 37 of 44

38 EXHIBIT A Page 38 of 44

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40 EXHIBIT A Page 3 E Page 40 of 44

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42 EXHIBIT B Page 42 of 44

43 EXHIBIT C CONSTRUCTION CONTRACT AGREEMENT [Non-Federally Funded Projects] THIS AGREEMENT, made this day of, 20, by and between the City of Orange, a municipal corporation organized under the laws of the State of Texas, hereinafter called OWNER or CITY and a (n) Roger G. Moore, herein acting by and through Moore Archeological Consulting, Inc, hereinafter called CONTRACTOR. WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The CONTRACTOR will commence and complete the archeological survey of Cooper s Gulley Concrete Lining 2. The CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Project described herein. 3. The CONTRACTOR will commence the work required by the Contract Documents on or before a date to be specified in the Notice to Proceed and will complete the same within consecutive calendar days as specified in the Notice to Proceed, including, but not limited to, all Saturdays, Sundays and Federal, State, and City holidays unless the period for completion is extended otherwise by the Contract Documents. 4. The CONTRACTOR agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for the sum of $27,105.00, or as shown in the Bid Schedule. 5. The term "CONTRACT DOCUMENTS" means and includes the following: (A) (B) Intensive Pedestrian Survey Technical Cultural Resources Survey Budget Proposal 6. The OWNER will pay to the CONTRACTOR the entire amount due at the end of the project. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. Revised 8/05 A-8 Page 43 of 44

44 IN WITNESS WHEREOF, the Parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. CONTRACTOR: Moore Archeological Consulting, Inc. OWNER: CITY OF ORANGE BY BY NAME Roger G. Moore NAME Shawn Oubre ADDRESS 3511 Houston Avenue TITLE CITY MANAGER Houston, Texas [SEAL] ATTEST: BY NAME Kerry Kittrell TITLE CITY SECRETARY [CORPORATE SEAL] ATTEST: NAME: Revised 8/05 A-9 Page 44 of 44