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 May 9, :00 a.m. 1. CALL TO ORDER Mayor 2. INVOCATION and PLEDGE OF ALLEGIANCE Council Member Mello 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) March 20, 2017 Joint Meeting of the Planning and Zoning Commission and the City Council 5 Mayor/Council b) April 4, 2017 Joint Meeting of the Planning and Zoning Commission and the City Council 11 Mayor/Council c) April 19, 2017 Special Call City Council Meeting 15 Mayor/Council d) April 25, 2017 Regular City Council Meeting 17 Mayor/Council e) April 28, 2017 Special Call City Council Meeting 22 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. City Council Meeting, May 9, 2017 City of Orange, Texas Page 1 Page 1 of 67

2 6. PROCLAMATION a) Kedrick Harris, Paul Ivory, Jay zn Robinson and Davien Teate Day 25 Mayor/Council b) Leaf and Petal Garden Club Day 26 Mayor/Council 7. ORDINANCES a) Final Reading: Consider an ordinance of the City of Orange, Texas suspending the rates proposed by Centerpoint Energy Resources Corp., d/b/a Centerpoint Energy Entex and Centerpoint Energy Texas Gas ( Centerpoint or Company ) Company s Gas Reliability Infrastructure Program ( GRIP ) filing made with the City on March 30, 2017; finding that the meeting complies with the Open Meetings Act; making other findings and provisions related to the subject, and declaring an effective date. (First Reading April 25, 2017) 28 Staff: Oubre b) First 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 a 5 acre tract of property located on Martin Luther King Jr. Drive (26 ABST. 26 Theron Strong, Tract 030AAB) from R-3 High Density Residential Zoning District to C-S Commercial-Special Zoning District; providing for the Official Zoning Map of the City of Orange, Texas to reflect such change; repealing all ordinances in conflict with this ordinance to the extent of such conflict; providing a severability clause; and, providing an effective date and making certain findings relative thereto. 32 Staff: Knauf c) First 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 by amending subparagraph (E) of Section General Provisions to allow signs located on the property line in the Old Town Center Zoning District to be located at the property line but may not exceed ten (10) feet in height unless the bottom edge of the sign is at least ten (10) feet above the ground; repealing all ordinances in conflict with this ordinance to the extent of such conflict; providing a severability clause; and, providing an effective date and making certain findings relative thereto. 45 Staff: Knauf City Council Meeting, May 9, 2017 City of Orange, Texas Page 2 Page 2 of 67

3 8. RESOLUTIONS a) Consider a resolution of the City Council of the City of Orange, Texas adopting a plan for the construction of sidewalks including any purchase of easements and placing trash receptacles along part of Sikes Road and part of Martin Luther King, Jr. Drive; authorizing the City Manager to apply for funding from the Transportation Alternatives Set - Aside Program administered by the Texas Department of Transportation; and providing an effective date. 50 Staff: Knauf b) Consider a resolution of the City Council of the City of Orange, Texas, in support of a proposal by Entergy Texas, Inc. regarding the application of Entergy Texas, Inc. to amend its Certificate of Convenience and Necessity to Construct Montgomery County Power Station in Montgomery County in Public Utility Commission. 53 Staff: Oubre c) Consider a resolution authorizing the City Manager to execute an agreement with Community Christian School for use of the Orange Municipal Natatorium. 56 Staff: Wolf d) Consider a resolution awarding a contract to BDS Constructors dba MK Constructors in the amount of $128, for the Tulane Road force main improvements. 64 Staff: Wolf 9. REPORTS a) City Manager Report b) City Council Report 10. ADJOURNMENT City Council Meeting, May 9, 2017 City of Orange, Texas Page 3 Page 3 of 67

4 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, May 9, 2017 City of Orange, Texas Page 4 Page 4 of 67

5 PLANNING AND ZONING MEETING MINUTES Monday, March 20, 2017 The Orange Planning and Zoning Commission and the City Council met for a special call, joint session on Monday, March 20, 2017, in the meeting room of the Orange Public Library with the following members present to-wit: Commissioners Present: Cullin Smith... Chairman Joe Love... Vice Chairman Jim Pledger... Commissioner MaQuettia Ledet Commissioner Michael Smith Commissioner Mary McKenna Commissioner Jamie Wilson (arrived at 5:32 p.m.) Commissioner Commissioners Absent: none City Council Members Present: Jimmy Sims, Mayor Essie Bellfield Larry Spears, Jr. Patrick Pullen Annette Pernell City Council Members Absent: Dr. Wayne Guidry Bill Mello Staff Present: Jay Trahan, Assistant City Manager & Director of Economic Development Kelvin Knauf, Director of Planning & Community Development Jim Wolf, Director of Public Works & Engineering Department Major Wade Robinson, Orange Police Department Wendy Lloyd, Planning Secretary Mayor Jimmy Sims called the City Council meeting to order at 5:30 p.m. Chairman Smith called the P & Z meeting to order at 5:30 p.m. Page 1 of 6 Page 5 of 67

6 PUBLIC HEARINGS a. Case No. 17:09. Conduct a public hearing concerning a request for a preliminary plat submitted by Sam Peveto for the Cypress Shadows Phase II subdivision Chairman Smith opened the floor to the public. Mr. Knauf stated there is a letter from Sam Peveto and a preliminary plat for the Cypress Shadows II Subdivision, a proposed subdivision located right next to the City limits across from Chasse Ridge Subdivision. Mr. Knauf addressed some of the comments in his memo to the Planning and Zoning Commission. Mr. Knauf stated that Mr. Peveto is here and this is a public hearing of which anyone can come and offer comments on the proposed preliminary plat. Sam Peveto Kayla Street, Orange, Texas- Mr. Peveto stated he had been working on Cypress Shadows II Subdivision for two years and the weather had held them up and the City required him to build a pond which he agreed. Mr. Peveto stated that none of the water goes towards Chasse, ninety percent of it goes in his pond and have had a twelve inch rain since he built it and knows it works. Chairman Smith asked about a letter that the City sent Mr. Peveto and Mr. Peveto responded that he had received the letter. Chairman Smith also asked about the drainage ditch and Mr. Peveto stated that the Drainage District doesn t want to maintain the ditch. Chairman Smith asked if Mr. Peveto got the September 16, 2016 letter. Mr. Peveto stated yes he did. Chairman Smith asked when the plat was completed. Mr. Peveto stated two weeks ago. Chairman Smith asked Mr. Peveto if he had the list of concerns prior to completing the plat. Mr. Peveto stated yes. Chairman Smith stated one of the things they requested was a detailed drawing for the road criteria. Mr. Peveto stated yes and he thought his engineer had submitted it but he can get it. Vice Chairman Love asked what kind of streets are in Battlin Bear Estates. Mr. Peveto stated asphalt. Vice Chairman Love asked how long ago did he do those. Mr. Peveto stated twice and the last time almost a year ago. Vice Chairman Love stated right now, they re not in great shape. Commissioner Wilson asked why concrete wasn t feasible. Mr. Peveto stated he d have to add about $15,000 per parcel. Councilwoman Essie Bellfield Link, Orange, Texas - Councilwoman Bellfield asked since water mains are not planned and no fire hydrants, what happens if we have a fire. Chairman Smith stated that from what he understands since this is county property, the county fire service would respond and they are used to responding to where they don t always have fire hydrants and would bring pumper trucks. Councilwoman Bellfield stated concerns about there being no water. Page 2 of 6 Page 6 of 67

7 Michael Vaughn Honey Bear Drive, Orange, Texas - Mr. Vaughn stated his main concern is with the roads and right now the roads in Battlin Bear are very bad. Mr. Vaughn stated another concern with the retention pond and passing it down to heirs, that if something happens to Mr. Peveto what happens then. Scott Rollins Ben Mac Road, Orange, Texas - Mr. Rollins stated his concern would be the main outfall for this project is on the south side between him and Chasse and that ditch has been full many times since he s lived there. Mr. Rollins stated that areas that flooded before, water will get there quicker and water will be deeper. Jim Wolf, Director of Public Works- Mr. Wolf gave a brief summary of the actions related to the preliminary plat and the drainage from the property. Mr. Wolf stated the plat submission process started two years ago and a letter from City of Orange dated March 18, 2015 where numerous things were discussed similar to now - mentioned concrete streets desired rather than asphalt and dealing with drainage, open ditches were proposed and required Mr. Peveto to request a variance to the ordinance and needed a response to the letter but did not get a response. Mr. Wolf stated that, at the beginning of 2016, he had received phone calls about concerns from residents of Chasse Ridge on south side inside the city limits and started investigating. Mr. Wolf stated he s most concerned about the runoff to the south. In May of 2016, the drainage study was received and the same month Mr. Peveto s attorney withdrew the plat from February Chairman Smith asked how the activity was stopped. Mr. Wolf stated a recommendation of the size of the retention pond was acceptable to get control of the quantity of the water and there was a lot of back and forth between attorneys. There was not much activity and retention pond was not taking shape and the ditches were not being filled. Mr. Wolf stated that the City had filed a lawsuit against Mr. Peveto, that the City and Mr. Peveto had reached a Rule 11 agreement. Mr. Wolf stated by the second week in January 2017, Mr. Peveto completed the retention pond and filled the ditches. Mr. Wolf stated that if this were in the city, concrete streets, curbs, gutters and storm sewers would be required and at a staff level, if the city ever goes out and annexes that area, he wants the streets to be as good as they should be. Commissioner Pledger asked provided it s done right, is asphalt cheaper than concrete? Mr. Wolf stated yes. Commissioner Pledger asked how much. Mr. Peveto stated better than three to one. Commissioner Pledger asked if the drainage into Chasse Ridge is blocked off now. Mr. Wolf stated the ditches that we wanted filled in are now filled in. Chairman Smith asked if the lawsuit has been dismissed or set aside. Mr. Wolf stated set aside. Mr. Knauf asked if storm sewers are practical for this subdivision. Mr. Wolf stated Page 3 of 6 Page 7 of 67

8 he is not sure what would make them unpractical. Commissioner Pledger stated it all boils down to economics for Mr. Peveto and said it was a good thing for the city for people to build out there. Commissioner Pledger asked if there was any kind of compromise. Mr. Wolf stated the city standard is concrete streets, curbs and gutters and a variance has to be approved. David Dubose Chasse Stone, Orange, Texas - Mr. Dubose stated his biggest concern is the flooding issue and the retention pond. Councilman Larry Spears, Jr Yupon, Orange, Texas - Councilman Spears stated if the subdivision is built correctly, then presumably no one would have a problem and want to ensure if we go forward that it s done right, to code, that the roads are safe and can ride down the street without having damage to their vehicles. Aaron Castillo Battlin Bear Drive, Orange, Texas - Mr. Castillo stated that one of the bullet points was concrete - storm drains, sewers and all over the City of Orange there are open ditches, concrete roads and doesn t know how much Mr. Peveto is selling lots for but heard that it s more than double and so that should offset the cost. James Wilkinson Chasse Ridge Drive. Orange, Texas - Mr. Wilkinson asked what is being done to increase the water capacity and sewer system in Orange when this new addition comes in. Chairman Smith stated they will have private systems. Mr. Peveto stated they will have state approved wells and not get water and sewer from Orange. Dereck Cloeren Meadow Mist, Orange, Texas - Mr. Cloeren stated on the flooding, he moved in his house in October 2015 before the ditches were fixed and the flooding was terrible and his concern is with Mr. Peveto being in charge of the pond and keeping everything up. Casey Baugh Battlin Bear Drive, Orange, Texas - Mr. Baugh asked if there was any action that could be taken on his roads before anything is done on this. Chairman Smith stated no - it s outside this scope. Teresa Iles Chasse Ridge Drive, Orange, Texas - Ms. Iles stated her property butts up right to the ditch and there s a big pile of wood directly across from her house and her concern is when it gets burned about a fire hazard. Ms. Iles also stated there is a lot of wildlife coming into her neighborhood - snakes, bats and things like that. Councilwoman Annette Pernell Pine, Orange, Texas - Councilwoman Pernell stated that the variance shouldn t be granted and not make the same mistake over and over. Robert Manley FM 1130, Orange, Texas - Mr. Manley stated his property Page 4 of 6 Page 8 of 67

9 backs up to the subdivision and in 2016 was at meeting where they talked about the roads and it was stated where if he brought them up to standard the county would approve. Mr. Manley stated he builds nice homes but the roads - when he says he is going to build a road we need to hold him accountable. Councilman Patrick Pullen 513 Crepe Myrtle, Orange, Texas- Councilman Pullen stated he applauds him for bringing in the house because Orange needs houses bad, nice houses so more workers can be brought in but it has to be done in a professional way. Chairman Smith asked for any other comments. No comments were made. Chairman Smith closed the public 6:43p.m. Mayor Sims asked for any other comments. No comments were made. Mayor Sims asked for a motion to adjourn the City Council meeting. Council Member Spears motioned. Council Member Pernell 2 nd Vote: 5-0 City Council meeting 6:43 p.m. DISCUSSION/ACTION ITEMS a. Case No. 17:09. Consider a request for a preliminary plat submitted by Sam Peveto for the Cypress Shadows Phase II subdivision. Chairman Smith asked for any comments. Commissioner Ledet stated that this is holding him accountable because of what took place last time and making sure it gets done right. Commissioner Pledger had no comments. Commissioner Smith stated looking at citizens concerns like asphalt compared to concrete, proper drainage and fire hydrants and that if he lived in a neighborhood and was told they were going to bring trucks with pumps in and had a fire in his neighborhood, he would be concerned. Commissioner Smith also stated that looking a neighborhood with nice homes and horrible roads, he would have a problem with that too and when it comes to quality, have to look past cost sometimes. Commissioner Smith stated nice homes with concrete looks a lot more modern and holds up a lot better and have a problem with asphalt compared to concrete. Commissioner McKenna stated that she loves Orange and want to see it grow but let s Page 5 of 6 Page 9 of 67

10 grow the right way and keep it going in a way that we know Orange can be. Vice Chairman Love had no comments. Commissioner Wilson had no comments. Chairman Smith closed the discussion. Chairman Smith asked for a motion. Vice Chairman Love motioned to deny plat as presented. Commissioner Wilson 2 nd Vote: 7-0 Motion Carries Chairman Smith asked for a motion. Commissioner Wilson motioned to dismiss. Vice Chairman Love 2 nd Vote: 7-0 Motion Carries Chairman Smith adjourned the meeting Meeting adjourned at 6:45 p.m. Page 6 of 6 Page 10 of 67

11 PLANNING AND ZONING MEETING MINUTES Tuesday April 4, 2017 The Orange Planning and Zoning Commission and the City Council met for a joint session on Tuesday, April 4, 2017, in the meeting room of the Orange Public Library with the following members present to-wit: Commissioners Present: Cullin Smith...Chairman MaQuettia Ledet Commissioner Michael Smith Commissioner Jamie Wilson Commissioner Commissioners Absent: Joe Love.... Vice Chairman Mary McKenna Commissioner City Council Members Present: Jimmy Sims, Mayor Essie Bellfield Patrick Pullen Annette Pernell City Council Members Absent: Bill Mello Larry Spears, Jr. Dr. Wayne Guidry Staff Present: Dr. Shawn Oubre, City Manager Jay Trahan, Assistant City Manager & Director of Economic Development Kelvin Knauf, Director of Planning & Community Development Wendy Lloyd, Planning Secretary Chairman Smith called the P & Z meeting to order at 5:33 p.m. Mayor Jimmy Sims called the City Council meeting to order at 5:34 p.m. PUBLIC HEARINGS - opened at 5:34 p.m. a. Case No. 17:10. Conduct a public hearing concerning amending Section (E) General Provisions of the Orange Code of Ordinances by adding subsection (iii) to allow signs located on the property line in the Old Town Center zoning district to be taller than three feet in height Page 1 of 4 Page 11 of 67

12 Mr. Knauf stated that in the Old Town Center there are no setbacks and a person could build a building up to the property line (at least ten feet tall) however a sign on the property line has to be ten feet back to be higher than three feet or if on the property line can be no higher than three feet tall. Mr. Knauf said in the Old Town Center zoning district, a sign has been constructed taller than three feet and seems to be a dichotomy in the ordinance when a building can be at the property line taller than three feet but not a sign and therefore this public hearing is to get public input on amending the sign ordinance to allow signs to be taller than three feet in the Old Town Center zoning district if on the property line. Chairman Smith opened the floor to public comments. Jim Gilliam Thomas Rd., Beaumont, Texas- Mr. Gilliam stated the sign Mr. Knauf is talking about is on a property that he redid with the help of the EDC and agrees with the Planning and Zoning. He stated the sign was built not realizing it was out of code and if it was a safety issue, it would have already been torn down and with the current ordinance the sign would be in the middle of the parking lot which doesn t make sense. Mr. Gilliam asked to consider in Old Town changing ordinance as long as it s not a safety issue. Chairman Smith asked for questions or comments Councilwoman Bellfield asked where sign was located. Mr. Gilliam stated on Front Street right behind the Lutcher Theater. Councilwoman Bellfield asked about rebuilding there. Mr. Gilliam stated yes there was an existing building they gutted, redid and added square footage. Councilwoman Bellfield stated that something is needed there and money put in that area is good. Chairman Smith asked for any other comments. No comments were made. Chairman Smith closed the public forum at 5:40p.m. Mayor Sims asked for any other comments. No comments were made. Mayor Sims motioned to close the public forum at 5:41pm Council Member Bellfield 2 nd Vote: 4-0 Motion Carries Page 2 of 4 Page 12 of 67

13 Mayor Sims asked for a motion to adjourn the City Council meeting. Council Member Bellfield motioned Council Member Pernell 2 nd Vote: 4-0 City Council meeting adjourned at 5:41 p.m. DISCUSSION/ACTION ITEMS a. Case No. 17:10. Consider amending Section (E) General Provisions of the Orange Code of Ordinances by adding subsection (iii) to allow signs located on the property line in the Old Town Center zoning district to be higher than three feet Chairman Smith asked for any comments. Commissioner Wilson stated her only concern is if the ordinance is lifted, can anyone build any size sign in that area or would there be a limit. Mr. Knauf stated that his recommendation is that the height be no more than ten feet unless the bottom edge of the sign is at least ten feet above grade. Chairman Smith asked specifically how the ordinance would read. Mr. Knauf stated a Section 3 - if the sign is located in the Old Town Center zoning district, it may be at the property line but it cannot exceed ten feet in height unless the lowest edge is located ten feet or more above the ground. Chairman Smith asked for any other comments. No comments were made. Chairman Smith closed the discussion. Chairman Smith asked for a motion to accept the recommendation to change the ordinance. Commissioner Wilson motioned Commissioner Ledet 2 nd Vote: 4-0 Motion Carries Approval of Minutes Chairman Smith made a request for the minutes of the March 7, 2017 meeting to be approved. Commissioner Wilson motioned Commissioner Smith 2 nd Vote: 4-0 Motion Carries Page 3 of 4 Page 13 of 67

14 Chairman Smith asked for a motion to adjourn. Commissioner Wilson motioned Commissioner Smith 2 nd Vote: 4-0 Motion Carries Meeting adjourned at 5:45 p.m. Page 4 of 4 Page 14 of 67

15 STATE OF TEAS } COUNTY OF ORANGE } April 19, 2017 BE IT REMEMBERED THAT a Special Call Meeting of the City Council of the City of Orange, Orange County, Texas, was held at the Orange Public Library in the Ira Williamson Meeting Room on Wednesday, April 19, COUNCIL MEMBERS PRESENT: Jimmy Sims Mayor Larry Spears Jr. Mayor Pro Tem Patrick A. Pullen Council Member Essie Bellfield Council Member Annette Pernell Council Member Bill Mello Council Member COUNCIL MEMBERS ABSENT: Annette Pernell Council Member 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 Kelvin Knauf Director of Planning and C o m m u n i t y Development Hillary Haynes S o c i a l M e d i a Coordinator STAFF MEMBERS ABSENT: David Frenzel Fire Chief Jim Wolf Director of Public Works Brenna Manasco Library Director Mayor Sims called the meeting to order at 5:30 p.m. WORKSHOP DISCUSSION AND POSSIBLE ACTION REGARDING A GRANT APPLICATION TO THE TEAS DEPARTMENT OF TRANSPORTATION FOR FUNDING UNDER THE TRANSPORTATION ALTERNATIVES - SET ASIDE PROGRAM. Dr. Oubre advised staff has visited several projects that were funded by this grant. Projects that are submitted to TDOT are given a score and the projects with the highest scores are awarded the funding. Staff is asking Council to select two to three projects to be considered for the grant. Staff will then consult with representatives from TDOT to see which one would have a better chance of receiving the grant. Page 15 of 67

16 Special Call Meeting 2 April 19, 2017 After discussion, it was the consensus of Council to select the following three projects: 1) Martin Luther King Drive and Sikes Road - sidewalks; 2) 16 th Street lighting, sidewalks, park benches, and trash receptacles; 3) Downtown - sidewalks, park benches, street lights, and trash receptacles. Mr. Knauf presented Council with a handout. This handout is included in and being made a part of these minutes. ADJOURNMENT There being no further business before the Council, Mayor Sims moved to adjourn the meeting. Second to the motion was made by Council Member Pullen which carried unanimously. The meeting adjourned at 5:53 p.m. Jimmy Sims, Mayor ATTEST: Patricia Anderson, City Secretary Page 16 of 67

17 STATE OF TEAS } COUNTY OF ORANGE } April 25, 2017 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, April 25, COUNCIL MEMBERS PRESENT: Jimmy Sims Mayor Larry Spears Jr. Mayor Pro Tem Patrick Pullen Council Member Essie Bellfield Council Member (arrived at 5:38 p.m.) Annette Pernell Council Member Bill Mello Council Member COUNCIL MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Dr. Shawn Oubre City Manager Patricia Anderson City Secretary Jennifer Krummel Deputy City Secretary David Frenzel Fire Chief 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 Wade Robinson Police Major Sandy Wilson Grants Planner Hillary Haynes S o c i a l M e d i a Coordinator Kelly Griffin Police Evid. & ID Tech John Cash Smith City Attorney STAFF MEMBERS ABSENT: Jay Trahan Assistant City Manager, Director of Economic Development Lane Martin Chief of Police Mayor Sims called the meeting to order at 5:30 p.m. Mayor Sims led the Invocation and the Pledge of Allegiance. Page 17 of 67

18 Regular Meeting 2 April 25, 2017 MOTION FINDING THAT THE ADVANCE POSTING AND NOTICE REQUIREMENTS OF ARTICLE OF THE CODE OF ORDINANCES OF THE CITY OF ORANGE, TEAS 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 Pullen moved to approve the motion. Second to the motion was made by Mayor Pro Tem Spears which carried unanimously. APPROVAL OF MINUTES Council Member Mello moved to approve the minutes of the February 14, 2017 Orange Economic Development Corporation Meeting. Second to the motion was made by Council Member Pullen which carried unanimously. Mayor Pro Tem Spears moved to approve the minutes of the April 11, 2017 Regular City Council Meeting. Second to the motion was made by Council Member Mello which carried unanimously. Council Member Mello moved to approve the minutes of the April 13, 2017 Special Call City Council Meeting. Second to the motion was made by Council Member Pullen which carried unanimously. CITIZEN COMMENTS Chuck Peterson, 802 W. Cherry Avenue, commended Council and Staff for a great job done on the skate park located at Sunset Park on 16 th Street. ORDINANCES FINAL READING: CONSIDER AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEAS ABANDONING AN ALLEY LOCATED SOUTH OF MAIN STREET BETWEEN 14 TH STREET AND 15 TH STREET AND ABANDONING THE SURFACE ONLY OF THE FOURTEENTH STREET RIGHT-OF-WAY BETWEEN BLOCK 53, LOT 1 SHELDON ADDITION AND BLOCK 52, LOT 6 SHELDON ADDITION WHILE RETAINING A UTILITY EASEMENT AND A RIGHT-OF-ACCESS FOR ANY OWNER OF BLOCK 52, LOT 6 SHELDON ADDITION; AUTHORIZING DISPOSAL OF THE ABANDONED PROPERTIES; DIRECTING THAT THE OFFICIAL CITY STREET MAP BE AMENDED TO REFLECT SUCH CHANGE; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE TO THE ETENT OF SUCH CONFLICT; MAKING CERTAIN FINDINGS THERETO; PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING AN EFFECTIVE DATE. (FIRST READING APRIL 11, 2017) Page 18 of 67

19 Regular Meeting 3 April 25, 2017 Council Member Mello moved to approve the ordinance. Second to the motion was made by Council Member Pullen which carried unanimously. A copy of this Ordinance is being made a part of these minutes as Ordinance Number Council Member Bellfield arrived at the meeting. FIRST READING: CONSIDER AN ORDINANCE OF THE CITY OF ORANGE, TEAS SUSPENDING THE RATES PROPOSED BY CENTERPOINT ENERGY RESOURCES CORP., D/B/A CENTERPOINT ENERGY ENTE AND CENTERPOINT ENERGY TEAS GAS ( CENTERPOINT OR COMPANY ) COMPANY S GAS RELIABILITY INFRASTRUCTURE PROGRAM ( GRIP ) FILING MADE WITH THE CITY ON MARCH 30, 2017; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE. Council Member Mello moved to approve the resolution. Second to the motion was made by Council Member Pullen which carried unanimously. RESOLUTIONS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEAS DENYING A PRELIMINARY PLAT SUBMITTED BY DAVID HINDS FOR THE OAK ALLIE SUBDIVISION. Council Member Mello moved to approve the resolution. Second to the motion was made by Mayor Pro Tem Spears which carried unanimously. A copy of this resolution is being made a part of these minutes as Resolution Number RESOLUTION AUTHORIZING AND DIRECTING THE RECAPTURE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $5, FROM CHRISTIAN WOMEN S JOB CORP., AND ALLOCATING THOSE FUNDS TO ORANGE CHRISTIAN SERVICES FOR EMERGENCY SERVICES. 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 RESOLUTION AUTHORIZING THE CITY MANAGER TO EECUTE CHANGE ORDER NO. 3 WITH BLASTCO TEAS, INC. FOR THE MEEKS DRIVE AND LINK STREET WATER PLANT IMPROVEMENTS. 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 Page 19 of 67

20 Regular Meeting 4 April 25, 2017 RESOLUTION REAFFIRMING ORDINANCE PROVIDING FOR HOMESTEAD EEMPTIONS ON AD-VALOREM (PROPERTY) TAES FOR THE TAABLE YEAR Council Member Mello moved to approve the resolution. Second to the motion was made by Council Member Pullen which carried unanimously. A copy of this resolution is being made a part of these minutes as Resolution Number DISCUSSION/ACTION MOTION ACKNOWLEDGING RECEIPT OF THE QUARTERLY INVESTMENT REPORT FOR THE PERIOD ENDING MARCH 31, Mayor Pro Tem Spears moved to approve the motion. Second to the motion was made by Council Member Mello which carried unanimously. MOTION ACKNOWLEDGING CHANGES MADE TO THE ELECTION JUDGES, ELECTION ALTERNATE JUDGES, AND ELECTION TEMPORARY DEPUTY EARLY VOTING CLERK FOR THE CITY OF ORANGE MAY 6, 2017 GENERAL ELECTION. Council Member Mello moved to approve the motion. Second to the motion was made by Council Member Pullen which carried unanimously. MOTION ALLOWING CURRENT CITY OF ORANGE BOARD/COMMISSION MEMBERS TO BE RE-APPOINTED WITHOUT HAVING TO SUBMIT A NEW APPLICATION. Council Member Mello moved to approve the motion. Second to the motion was made by Council Member Pullen which carried unanimously. MOTION APPOINTING CURTIS JEANIS TO THE HISTORIC PRESERVATION COMMISSION FOR A TERM ENDING SEPTEMBER 24, Council Member Mello moved to approve the motion. Second to the motion was made by Council Member Bellfield which carried unanimously. CITY MANAGER REPORT Dr. Oubre reminded Council of the Special Call City Council Meeting on Friday, April 28, 2017 at 9:00 a.m. to accept Council Member Wayne Guidry s letter of resignation and to call a Special Election to fill his vacancy. CITY COUNCIL REPORT Council Member Mello advised he appreciates Mr. Jeanis volunteering his time to serve on a City board. Page 20 of 67

21 Regular Meeting 5 April 25, 2017 Mayor Pro Tem Spears thanked City Staff for a successful Easter Egg Hunt. Mayor Sims encouraged everyone to vote. ADJOURNMENT There being no further business before the Council, Council Member Bellfield moved to adjourn the meeting which carried unanimously. The meeting adjourned at 5:58 p.m. ATTEST: Jimmy Sims, Mayor Patricia Anderson, City Secretary Page 21 of 67

22 STATE OF TEAS } COUNTY OF ORANGE } April 28, 2017 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 Library Auditorium on Friday, April 28, COUNCIL MEMBERS PRESENT: Patrick Pullen Council Member Essie Bellfield Council Member Annette Pernell Council Member Bill Mello Council Member COUNCIL MEMBERS ABSENT: Jimmy Sims Mayor Larry Spears Jr. Mayor Pro Tem 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 STAFF MEMBERS ABSENT: Lane Martin Chief of Police David Frenzel Fire Chief Cheryl Zeto Director of Finance Jim Wolf Director of Public Works Kelvin Knauf Director of Planning and Community Development Brenna Manasco Library Director John Cash Smith City Attorney Council Member Mello called the meeting to order at 9:03 a.m. Council Member Pullen 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, TEAS 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 Pullen moved to approve the motion. Second to the motion was made by Council Member Bellfield which carried unanimously. Page 22 of 67

23 Special Call Meeting 2 April 28, 2017 DISCUSSION/ACTION CONSIDER A MOTION ACCEPTING THE RESIGNATION OF COUNCIL MEMBER WAYNE GUIDRY. Dr. Oubre presented a handout to Council regarding the City of Orange Charter Section 3.04 and a timetable regarding the Special Election to fill Council Member Guidry s vacant seat. A copy of this handout is included in and being made a part of these minutes. Council Member Bellfield moved to approve the motion. Second to the motion was made by Council Member Pullen which carried unanimously. RESOLUTIONS RESOLUTION ORDERING A SPECIAL ELECTION FOR THE PURPOSE OF ELECTING A COUNCIL MEMBER FOR PLACE 2 (SINGLE-MEMBER DISTRICT 2) (FOR A TWO-YEAR TERM TO FILL A VACANCY); PROVIDING FOR THE DATE, DEADLINE TO FILE, HOURS, BALLOT, EARLY VOTING CLERK AND NOTICE OF ELECTION; PROVIDING FOR POLLING PLACES, JUDGES AND PAY, PROVIDING FOR OTHER MATTERS RELATING TO THE CITY ELECTION; ORDERING A RUN-OFF ELECTION, IF NECESSARY, TO BE HELD ON SATURDAY, JULY 22, 2017; AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. UNA RESOLUCIÓN ORDENANDO UNA ELECCIÓN ESPECIAL CON EL PROPÓSITO DE ELEGIR A UN MIEMBOR DEL CONCILLIO EN LUGAR 2 PARA UN UNICO MIEMBRO DEL DISTRITO 2; (POR EL TÈRMINO DE DOS AÑOS PARA CUMPLIR LA VACANCIA); CON TAL INDICANDO EL LIMITE DE FECHA PARA PRESENTAR O APLICAR, LA FECHA LAS HORAS, LA BOLETA, EMPLEO DEL SECRETARIO PARA LA VOTACIÓN TEMPRANA Y EL AVISO DE ELECCIÓN; INDICANDO LOS LUGARES DE VOTACIÓN, LOS JUECES Y PAGOS, LA INDICACIÓN DE OTROS ASUNTOS RELATIVOS A LA ELECCIÓN MUNICIPAL; ORDENANDO UNA ELECCIÓN DE RUN-FF, O ELECCIÓN DE SEGUNDA VUELTA SI SE ES NECESARIA, QUE TENDRÀ CABO ELSÀBADO EL 22 DE JULIO DEL 2017; Y PARA DETERMINAR QUE LA REUNIÓN EN QUE SE APROBÓ ESTA RESOLUCIÓN ESTÉ ABIERTA PARA EL PÚBLICO COMO SE REQUIERE PRO LA LEY. Council Member Pullen moved to approve the resolution. Second to the motion was made by Council Member Bellfield which carried unanimously. A copy of this resolution is being made a part of these minutes as Resolution Number RESOLUTION ENTERING INTO AN AGREEMENT WITH THE ORANGE COUNTY ELECTIONS ADMINISTRATOR TO PROVIDE ELECTION SERVICES FOR THE CITY OF ORANGE. Council Member Bellfield moved to approve the resolution. Second to the motion was made by Council Member Pullen which carried unanimously. A copy of this resolution is being made a part of these minutes as Resolution Number Page 23 of 67

24 Special Call Meeting 3 April 28, 2017 RESOLUTION ENTERING INTO AN AGREEMENT WITH THE ORANGE COUNTY ELECTIONS ADMINISTRATOR FOR THE LEASE OF TWO AUTOMARK VOTER ASSIST TERMINALS. Council Member Bellfield moved to approve the resolution. Second to the motion was made by Council Member Pernell which carried unanimously. A copy of this resolution is being made a part of these minutes as Resolution Number ADJOURNMENT There being no further business before the Council, Council Member Bellfield moved to adjourn the meeting. Second to the motion was made by Council Member Pullen which carried unanimously. The meeting adjourned at 9:09 a.m. ATTEST: Bill Mello, Council Member Patricia Anderson, City Secretary Page 24 of 67

25 roclamation OFFICE OF THE MAYOR City of Orange WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS NOW THEREFORE Capitol Hill Challenge matches members of Congress with students, teachers, and schools competing in The Stock Market Game in their respective district or state; and Kedrick Harris, Paul Ivory, Jay zn Robinson, and Davien Teate from West Orange - Stark High School have been matched with Senator Ted Cruz; and Mr. Selwyn Dews is the team sponsor from West Orange - Stark; and student teams manage a hypothetical $100,000 online portfolio and invest in real stocks, bonds, and mutual funds; and since its inception in 2004, Capitol Hill Challenge has made 3,272 matches of U.S. Representatives and Senators with schools, encompassing more than 90,000 students across the country; and the top 10 Capitol Hill Challenge teams will win a trip to Washington, D.C. to meet their member of Congress and be recognized at an awards reception on Capitol Hill; I, Jimmy Sims, Mayor of the City of Orange, Texas, do hereby proclaim May 9, 2017 as a special tribute as KEDRICK HARRIS, PAUL IVORY, JAY ZN ROBINSON AND DAVIEN TEATE DAY in the City of Orange, Texas, and do hereby offer, on behalf of the City of Orange and the citizens of the City of Orange, our heartfelt CONGRATULATIONS for a job well done! 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 9 th day of May, Jimmy Sims, Mayor Page 25 of 67

26 WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS roclamation OFFICE OF THE MAYOR City of Orange the Leaf and Petal Garden Club was organized on May 8, The Club was chartered and federated by the Texas Garden Club, Inc. and the National Council State Garden Clubs, Inc.; and the vision for a club with the sole interest in gardening and civic beautification was brought about by Olive Smith. Olive and her husband, Sydney, had recently been transferred to Orange from Wilmington, Delaware, where she had been an active garden club member. After obtaining signatures of 30 ladies with the same deep interest in gardening, horticulture and landscape beautification, appropriate applications were made to the state and national organizations. The Club was chartered on May 8, 1957; and the name, Leaf and Petal Garden Club was also of Olive Smith s suggestion. Her beloved garden club in Wilmington bore the same name and was quickly adopted by the 30 eager garden loving charter members; and the purpose of the Leaf and Petal Garden Club, is to foster interest in landscaping and the growing of horticulture and its artistic arrangement and to promote conservation, educational programs as well as sponsoring civic beautification projects in Orange; and the first project of the Club took three years to design and execute. This project was to landscape and plant holly and oak trees on the now closed, Jones School campus. The trees are still visible at the site. Some of the many other projects include the Orange County Courthouse whose lawn boasts three oak trees. Azaleas, crepe myrtle and rain trees continue each year to put on a show in the landscape at Lutcher Theater, the Chamber of Commerce, City Hall, the Salvation Army, and the Red Cross; and Arbor Day projects have provided trees to all Orange school campuses. Each Habitat for Humanity house has a Natchez White crepe myrtle in the front lawn. A great live oak was planted on the Lamar State College - Orange campus (Green Avenue) lawn and April 27, 2017 was our last Arbor Day great oak planting in the landscape of the newly restored Depot; and the front flower beds of the recently built office of the Evergreen Cemetery received red Knock Out roses from the Leaf and Petal Garden Club; and the Club s fund raising projects of past years consist of caladium bulb sales and a booth at Art in the Park. The Club s financial success is attributed to the residents of Orange with the desire for the beautification of the community. The Club s appreciation can be witnessed in the landscape of homes and businesses throughout our town; and the Leaf and Petal Garden Club sponsored the organization of the Ivy League Garden Club, chartered and federated in 1994; and the Leaf and Petal Garden Club partnered with the Ivy League Garden Club by donating Welcome to Orange banners that can now be seen on Green Avenue and 16 th Street, with more to come; and on May 8, 2017 the Leaf and Petal Garden Club will mark its 60 th Anniversary. An elegant celebration will take place at the Brown Estate on May 9, The event will include past and present district directors, presidents, and Ivy League Garden Club charter members; Page 26 of 67

27 NOW THEREFORE I, Jimmy Sims, Mayor of the City of Orange, Texas, do hereby proclaim May 9, 2017 as LEAF AND PETAL GARDEN CLUB DAY in the City of Orange, Texas as the Club celebrates its 60 TH ANNIVERSARY. And on behalf of myself and Council, I urge all citizens to support the work of the Leaf and Petal Garden Club and to join in to expand the Club s ability to provide beautification to 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 9 th day of May, Jimmy Sims, Mayor Page 27 of 67

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32 MEMORANDUM To: From: Subject: Dr. Shawn Oubre Ph.D., City Manager Kelvin Knauf, Director of Planning and Community Development Consider an ordinance to rezone from R 3 High Density Residential zoning district to C S Commercial Special zoning district a 5 acre tract of property located on Martin Luther King Jr. Drive (26 ABST. 26 Theron Strong, Tract 030AAB) Date: May 2, 2017 Background The Faith United Methodist Church is requesting that property they own on MLK Drive be re zoned from R 3 High Density Residential zoning district to C S Commercial Special zoning district. The Future Land Use Map shows the western half of this property as Mixed Use Residential and Commercial and the eastern half of this property as Low/Medium residential. A map showing the zoning for the subject property and surrounding properties is attached. Also attached is a chart that compares the R 3 zoning district with the C S zoning district (=not permitted, P=permitted, SE=requires a Special Exception approved by the Board of Adjustments, AA=requires approval by administrative action). For your convenience, I have highlighted in yellow the differences between the two zoning districts. A joint City Council/Planning and Zoning Commission public hearing on the re zoning request was held on April 18, After the public hearing, the Planning and Zoning Commission voted unanimously to recommend that the property be re zoned from R 3 High Density Residential to C S Commercial Special. Recommendation I recommend that the City Council adopt an ordinance amending the zoning from R 3 High Density Residential to C S Commercial Special. Page 32 of 67

33 LAND USES SIC Code MAJOR GROUP R 3 C S Agriculture, forestry, and fishing 01 Agriculture Production crops 017 Fruit and Nut Trees SE SE 018 Horticultural Specialties 019 General Farms, Primarily Crops 02 Agriculture production livestock and animal specialties SE SE SE SE 07 Agriculture Services 07 Small animal boarding kennels 08 Forestry 09 Fishing, hunting and trapping P Metals 10 Metal mining 12 Coal mining 13 Oil and gas extraction AA AA 14 Mining quarrying of nonmetallic minerals, except fuels 15 Building construction general contractors and operative builders 16 Heavy construction other than building construction contractors 17 Construction special trade contractors SE SE P Page 33 of 67

34 LAND USES SIC Code MAJOR GROUP R 3 C S Manufacturing 20 Food and kindred products 21 Tobacco products 22 Textile mill products 23 Apparel and other finished products made from fabrics and similar materials Manufacturing 24 Lumber and wood products, except furniture 25 Furniture and fixtures 26 Paper and allied products 27 Printing, publishing and allied industries 28 Chemicals and allied products 29 Petroleum refining and related industries 30 Rubber and miscellaneous plastics products 31 Leather and leather products 32 Stone, clay, glass and concrete products 33 Primary metal industries 34 Fabricated metal products, except machinery and Transportation equipment Page 34 of 67

35 LAND USES SIC Code MAJOR GROUP R 3 C S 35 Industrial and commercial machinery and computer equipment 36 Electronic and other electrical equipment and components, except computer equipment 37 Transportation equipment 38 Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks 39 Miscellaneous manufacturing industries 40 Railroad transportation 41 Local and Suburban transit and interurban highway passenger transportation 42 Motor freight transportation and warehousing 4225 Miniwarehouse warehousing 43 United States Postal Service SE SE SE SE SE SE 44 Water transportation 45 Air transportation SE Page 35 of 67

36 LAND USES SIC Code MAJOR GROUP R 3 C S Manufacturing 45 Airports, flying fields and aircraft terminal services 46 Pipelines, except natural gas 47 Transportation services 472 Arrangement of Passenger Transportation 473 Arrangement of Freight and Cargo 474 Rental of Railroad Cars 478 Miscellaneous Services Incidental to Transportation SE SE P P P SE SE 48 Communications SE 49 Electric, gas and sanitary services Wholesale Trade 50 Wholesale trade Durable goods 50 Scrap metal collection, salvage or storage 51 Wholesale trade Nondurable goods Retail Trade 52 Building materials, hardware, garden supply 52 Manufactured Home Dealers 53 General merchandise stores SE SE SE P P 54 Foods stores P 55 Automotive dealers P Page 36 of 67

37 LAND USES SIC Code MAJOR GROUP R 3 C S 55 Gasoline service stations 56 Apparel and accessory stores 57 Home furniture, furnishings and equipment stores 58 Eating and drinking places (50% from food sales) P P P P 58 Bars/lounges 59 Miscellaneous retail P 5921 Liquor Stores P 5983 Fuel Oil Dealers P 5984 Liquified Petroleum Gas (Bottle Gas) Dealers 5989 Fuel Dealers, not elsewhere classified Retail Trade 61 Nondepository institutions 62 Security, and commodity brokers, dealers, exchanges and services P P P P 63 Insurance carriers P 64 Insurance agents, brokers, and service P 65 Real estate P 67 Holding and other investment offices P Services 70 Hotels, motels P 70 B & Bs, rooming houses, other than lodging places SE P Page 37 of 67

38 LAND USES SIC Code MAJOR GROUP R 3 C S 70 Camps/campgrounds, recreational vehicle parks SE 72 Personal services P 73 Business services P 75 Automotive repair, services, and parking 75 Automotive detail shop SE 75 Automobile rental P 76 Miscellaneous repair services 78 Movie and video production 79 Amusement and recreation services SE P P 794 Commercial Sports SE 799 Miscellaneous Amusement and Recreation Services 7999 Shooting Ranges (operations of) temporary SE SE SE 80 Health services SE P 81 Legal services P 82 Educational services SE P 82 Private Schools SE P Services 83 Social Services SE 8351 Day Care SE SE 8361 Homes for destitute men and women 84 Museum, art, galleries, and SE P P Page 38 of 67

39 botanical and zoological gardens LAND USES SIC Code MAJOR GROUP R 3 C S 86 Membership organizations 87 Engineering, accounting, research, management, and related services SE SE P 88 Private households P P 89 Miscellaneous services SE P Public Administration 91 Executive, legislative, and general government except finance P P 92 Justice public order, and safety P P 93 Public finance, taxation, and monetary policy P 94 Administration of human resource programs P 95 Administration of environmental quality and housing programs P 96 Administration of economic programs P 97 National security and internal affairs P Single Family detached homes N/A N/A P P Apartments N/A N/A P P Duplex N/A N/A P P Townhomes N/A N/A P P Page 39 of 67

40 LAND USES SIC Code MAJOR GROUP R 3 C S Condominiums N/A N/A P P HUD Code manufactured homes and parks N/A N/A Mobile Homes N/A N/A HUD Code Temporary FEMA manufactured homes and parks N/A N/A SE SE Page 40 of 67

41 Park Avenue United Methodist Church of Orange R-1 C-S C-S R-3 R-3 R-1 C-S R-3 R-1 R-3 R-1 R-3 R-3 C-S R-1 R-1 Page 41 of 67

42 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, TEAS: CHANGING THE ZONING CLASSIFICATION OF A 5 ACRE TRACT OF PROPERTY LOCATED ON MARTIN LUTHER KING JR. DRIVE (26 ABST. 26 THERON STRONG, TRACT 030AAB) FROM R-3 HIGH DENSITY RESIDENTIAL ZONING DISTRICT TO C-S COMMERCIAL-SPECIAL ZONING DISTRICT; PROVIDING FOR THE OFFICIAL ZONING MAP OF THE CITY OF ORANGE, TEAS TO REFLECT SUCH CHANGE; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE TO THE ETENT OF SUCH CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING AN EFFECTIVE DATE AND MAKING CERTAIN FINDINGS RELATIVE THERETO. WHEREAS, the City Council and the Planning and Zoning Commission met on April 18, 2017 and held a joint public hearing on a zoning request by Faith United Methodist Church to rezone a 5 acre tract of property located on Martin Luther King Jr. Drive from R-3 High Density Residential zoning district to C-S Commercial-Special zoning district for a 5 acre tract of property located on Martin Luther King Jr. Drive (26 ABST. 26 Theron Strong, Tract 030AAB); and, WHEREAS, the Planning and Zoning Commission voted unanimously 5-0 to recommend that the City Council approve amending the zoning for the 5 acre tract of property located on Martin Luther King Jr. Drive (26 ABST. 26 Theron Strong, Tract 030AAB) from R-3 High Density Residential zoning district to C-S Commercial-Special zoning district as provided in the Code of Ordinances of the City of Orange, Texas; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ORANGE, TEAS: Section 1. That the zoning classification for a 5 acre tract of property located on Martin Luther King Jr. Drive (26 ABST. 26 Theron Strong, Tract 030AAB) as shown in Exhibit "A" shall be amended from R-3 High Density Residential Zoning District to C-S Commercial-Special Zoning District. Section 2. 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 3. That the City Council of the City of Orange, Texas hereby legislatively finds and determines that this ordinance and the zoning district established herein will be in harmony with the general purpose Page 42 of 67

43 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. Section 4. 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 5. 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 6. 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 the first reading this the 9th day of May, PASSED and APPROVED, and ADOPTED on the final reading on this the, day of Jimmy Sims, Mayor ATTEST: Patricia Anderson, City Secretary APPROVED AS TO FORM: City Attorney Page 43 of 67

44 EHIBIT A Page 44 of 67

45 MEMORANDUM To: From: Subject: Dr. Shawn Oubre Ph.D., City Manager Kelvin Knauf, Director of Planning and Community Development Consider amending Section of the Orange Code of Ordinances General Provisions to allow signs located on the property line in the Old Town Center zoning district to be higher than three feet Date: May 2, 2017 Background Section (E) of the Orange Code of Ordinances (this is part of the Sign Regulations) states: All on-premises signs shall be set back ten (10) feet. The ten-foot setback shall be measured from the property line to the nearest point of the sign. The following are exempt from these height and setback requirements: (i) If the sign is less than three (3) feet high, it may be located at the property line but not in the right-of-way; or (ii) If the lowest edge of the sign is located ten (10) feet or more above the ground, it may be located at the property line but not in the right-of-way and within the sight triangle if allowed by the zoning district. The above restrictions apply to signs anywhere in the city. In the Old Town Center zoning district, there are no building setback lines. Conceivably, a building (which is normally ten feet or higher) could be built at the property line but a sign higher than three feet could not be built. There seems to be an inconsistency in the regulations because a sign higher than three feet would pose no greater obstacle than a building. On April 4, 2017 the Planning and Zoning Commission and the City Council held a joint public hearing to receive public comments on a proposed change to the zoning ordinance to allow signs in the Old Town Center zoning district to be taller than three feet above the ground. After the public hearing, the Planning and Zoning Commission voted unanimously to allow signs in the Old Town Center zoning district to not exceed ten (10) feet in height unless the lowest edge of the sign is located ten (10) feet or more above the ground. Recommendation I recommend that the City Council adopt an ordinance amending Section (E) of the Orange Code of Ordinances to add the following: Page 45 of 67

46 (iii) If the sign is located in the Old Town Center zoning district, it may be located at the property line but may not exceed ten (10) feet in height unless the lowest edge of the sign is located ten (10) feet or more above the ground. Page 46 of 67

47 Old Town Center (OTC) Zoning District Wednesday, March 22, :11 AM C 1 City Hall Plng. & CVB PW Depts. Police Dept Library I Page 47 of 67 Specific Properties Page 1

48 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, TEAS BY AMENDING SUBPARAGRAPH (E) OF SECTION GENERAL PROVISIONS TO ALLOW SIGNS LOCATED ON THE PROPERTY LINE IN THE OLD TOWN CENTER ZONING DISTRICT TO BE LOCATED AT THE PROPERTY LINE BUT MAY NOT ECEED TEN (10) FEET IN HEIGHT UNLESS THE BOTTOM EDGE OF THE SIGN IS AT LEAST TEN (10) FEET ABOVE THE GROUND; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE TO THE ETENT OF SUCH CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING AN EFFECTIVE DATE AND MAKING CERTAIN FINDINGS RELATIVE THERETO. WHEREAS, the City Council and the Planning and Zoning Commission met on April 4, 2017 and held a joint public hearing to receive comments from the public concerning amending the Chapter General Provisions of Chapter 12: Planning and Zoning of the 2000 Revised Code of Ordinance of the City of Orange, Texas to allow signs located on the property line in the Old Town Center zoning district to be taller than three feet; and, WHEREAS, the Planning and Zoning Commission voted unanimously 4-0 to recommend that the City Council approve amending Chapter General Provisions of Chapter 12: Planning and Zoning of the 2000 Revised Code of Ordinance of the City of Orange, Texas to allow signs located on the property line in the Old Town Center zoning district to be taller than three feet so long as the bottom edge of the sign is located ten (10) feet or more above the ground, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ORANGE, TEAS: Section 1. That Section (E) of the Orange Code of Ordinances be amended to add the following: (iii) If the sign is located in the Old Town Center zoning district, it may be located at the property line but may not exceed ten (10) feet in height unless the lowest edge of the sign is located ten (10) feet or more above the ground Section 2. That the City Council of the City of Orange, Texas hereby legislatively finds and determines that this ordinance and the zoning district 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; and that all procedural requirements have been satisfied as to this matter. Page 48 of 67

49 Section 3. 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 4. 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 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 the first reading this the 9th day of May, PASSED and APPROVED, and ADOPTED on the final reading on this the, day of Jimmy Sims, Mayor ATTEST: Patricia Anderson, City Secretary APPROVED AS TO FORM: City Attorney Page 49 of 67

50 MEMORANDUM To: From: Subject: Dr. Shawn Oubre Ph.D., City Manager Kelvin Knauf, Director of Planning and Community Development Consider a resolution adopting a plan for the construction of sidewalks including any purchase of easements and placing trash receptacles along Sikes Road and a part of Martin Luther King Jr. Drive and authorizing the city manager to apply for funding from the Transportation Alternatives Set-Aside Program administered by the Texas Department of Transportation Date: May 2, 2017 Background The Texas Department of Transportation (TxDOT) is soliciting projects for funding from the Transportation Alternatives Set-Aside (TASA) Program. This program encourages cities and other organizations in nonmetropolitan areas to develop alternative means of transportation. On April 19, 2017 the City Council conducted a workshop on possible projects to submit to TxDOT under the TASA program. The top priority of the City Council was to construct sidewalks along Sikes Road and a part of Martin Luther King, Jr. Drive from Sikes Road to the convenience store at Interstate 10 and MLK Drive. The Comprehensive Master Plan provides an implementation strategy of building pedestrian and bicycling paths in the community and the proposed sidewalks would help fulfill that implementation strategy. As of this writing, staff is still developing the estimated cost of constructing the sidewalks including the purchase of any easements and purchasing trash receptacles. We will work to have the cost estimate and local match requirement available at the City Council meeting. Part of the grant requirements is that the City Council pass a resolution or ordinance supporting the grant application. Attached for your consideration is a proposed resolution along with a map showing the location of the proposed sidewalks and also the location of the proposed trash receptacles. Recommendation I recommend that the City Council adopt a resolution approving the plan for constructing sidewalks including the purchase of any easements and placing trash receptacles along Sikes Road and along a part of Martin Luther King Jr. Drive from Sikes Road to the convenience store at Interstate 10 and Martin Luther King Jr. Drive; and, authorizing the city manager to apply for funding from the Transportation Alternatives Set-Aside Program administered by the Texas Department of Transportation. Page 50 of 67

51 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEAS ADOPTING A PLAN FOR THE CONSTRUCTION OF SIDEWALKS INCLUDING ANY PURCHASE OF EASEMENTS AND PLACING TRASH RECEPTACLES ALONG PART OF SIKES ROAD AND PART OF MARTIN LUTHER KING, JR. DRIVE; AUTHORIZING THE CITY MANAGER TO APPLY FOR FUNDING FROM THE TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM ADMINISTERED BY THE TEAS DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council believes that it is in the best interests of the future of the community to explore alternative transportation systems within the City of Orange; and WHEREAS, sidewalks provide an alternative transportation method; and WHEREAS, construction of sidewalks along a part of Sikes Road and along Martin Luther King, Jr. Drive from Sikes Road to the convenience store at Interstate 10 meets an implementation strategy of the Comprehensive Master Plan to acquire and develop linked pedestrian and bike trails; and WHEREAS, sidewalks improve public safety by providing a means for pedestrians to walk rather than walking on the streets and highways; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORANGE, TEAS THAT: Section 1. The plan is hereby approved for construction of sidewalks including any purchase of easements and placing trash receptacles along Sikes Road and along a part of Martin Luther King, Jr. Drive as shown on Exhibit A to this resolution. Section 2. The city manager is hereby authorized to apply for grant funding from the Transportation Alternative Set-Aside Program administered by the Texas Department of Transportation for construction of the sidewalks shown on the attached Exhibit A. Section 3. This resolution shall become effective upon adoption by the City Council. PASSED, APPROVED and ADOPTED on this, the 9 th day of May, ATTEST: Jimmy Sims, Mayor Patricia Anderson, City Secretary APPROVED AS TO FORM: City Attorney Page 51 of 67

52 Exhibit A Trash Receptacle Sidewalk Trash Receptacle Trash Receptacle Trash Receptacle Sidewalk Trash Receptacle Trash Receptacle Page 52 of 67