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

Transcription

1 MEETING AGENDA ORANGE CITY COUNCIL Orange Public Library Auditorium 220 N. Fifth Street Orange, Texas April 10, :00 a.m. 1. CALL TO ORDER Mayor 2. INVOCATION and PLEDGE OF ALLEGIANCE Council Member Salter 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 27, 2018 Orange Economic Development Corporation Meeting 4 Mayor/Council b) March 27, 2018 Regular City Council Meeting 7 Mayor/Council 5. CITIZEN COMMENTS At this time comments will be taken from the audience on any subject matter, whether or not that item is on the agenda. All comments are limited to a maximum three minutes for each speaker. Your comments are appreciated. As the Texas Open Meetings Act does not allow the Council to respond to items not listed on the agenda, your comments will be duly noted by the Council and forwarded to the appropriate department for prompt consideration. 6. PROCLAMATION a) Sexual Assault Awareness Month 15 Mayor/Council City Council Meeting, April 10, 2018 City of Orange, Texas Page 1 Page 1 of 30

2 7. 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 Lots 7, 8 and 9 of Block A of the L.T. Grubbs Subdivision also known as 1402, 1404 and th Street, all in Orange County, Texas from R-2 Medium Density Residential zoning district to C-1 Light Commercial zoning district; providing for the Official Zoning Map of the City of Orange, Texas to reflect such change; providing for an effective date; providing for a severability clause; repealing all ordinances in conflict with this ordinance to the extent of such conflict; and making certain findings relative thereto. (First Reading March 27, 2018) 16 Staff: Knauf 8. RESOLUTIONS a) Consider a resolution asking the Texas Department of Transportation (TXDOT) to replace IH-10 Adams Bayou access bridges. 20 Staff: Oubre b) Consider a resolution awarding a contract to SpawGlass Construction Corp. in the amount not to exceed $116, for the repair and rebuild of City buildings - Fleet Maintenance and Building Services/Street and Drainage. 21 Staff: Wolf 9. DISCUSSION/ACTION a) Consider a motion to approve a request on behalf of Southern Professional Outboard Racing Tour (SPORT) to host a Tunnel Boat Races event at the City Boat Ramp, September 14-16, 2018 at a fee of $42,500 funded by the Orange Convention & Visitors Bureau in an effort to promote tourism. 24 Staff: Trahan b) Discussion and possible action regarding necessary business resulting from Hurricane Harvey. Staff: Oubre 10. REPORTS a) City Manager Report b) City Council Report 11. ADJOURN TO CLOSED EXECUTIVE SESSION a) Deliberation with City Attorney pursuant to Chapter 551 of the Texas Government Code: City Council Meeting, April 10, 2018 City of Orange, Texas Page 2 Page 2 of 30

3 (1) Deliberation with legal counsel pursuant to Texas Government Code, Chapter Consultation regarding the City of Orange s Municipal Solid Waste Collection and Transportation Agreement with Waste Management of Texas, Inc. Mayor/Council 12. RECONVENE IN OPEN SESSION a) Take action as necessary regarding item 11 a (1) above. Mayor/Council 13. ADJOURNMENT 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, April 10, 2018 City of Orange, Texas Page 3 Page 3 of 30

4 Page 4 of 30

5 Page 5 of 30

6 Page 6 of 30

7 STATE OF TEXAS } COUNTY OF ORANGE } March 27, 2018 BE IT REMEMBERED THAT a Regular Meeting of the Orange City Council of the City of Orange, Orange County, Texas, was held in the Library Auditorium on Tuesday, March 27, COUNCIL MEMBERS PRESENT: Jimmy Sims Mayor Larry Spears Jr. Mayor Pro Tem Brad Childs Council Member Patrick A. Pullen Council Member Terrie T. Salter Council Member Annette Pernell Council Member Bill Mello Council Member COUNCIL MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Dr. Shawn Oubre City Manager Jay Trahan Assistant City Manager, Director of Economic Development Patricia Anderson City Secretary Jennifer Krummel Deputy City Secretary Cheryl Zeto Director of Finance Jim Wolf Director of Public Works Kelvin Knauf Director of Planning and C o m m u n i t y Development Brenna Manasco Library Director David Frenzel Fire Chief Wade Robinson Police Major Lee Anne Brown Deputy Fire Chief Brandy Judice CVB Coordinator Tom Reynolds Building Official Timmy Campbell Interim Water & Sewer Manager Sandy Wilson Grants Planner Hillary Haynes S o c i a l M e d i a Coordinator Mike Zeto CIS Manager Kelly Griffin Police Evid. & ID Tech John Cash Smith City Attorney STAFF MEMBERS ABSENT: Lane Martin Chief of Police Mayor Sims called the meeting to order at 5:37 p.m. Page 7 of 30

8 Regular Meeting 2 March 27, 2018 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, 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. Council Member Pernell moved to approve the motion. Second to the motion was made by Council Member Salter which carried unanimously. APPROVAL OF MINUTES Council Member Pernell moved to approve the minutes of the March 6, 2018 Special Call City Council Meeting. Second to the motion was made by Mayor Pro Tem Spears which carried unanimously. Council Member Pernell moved to approve the minutes of the March 13, 2018 Regular City Council Meeting. Second to the motion was made by Council Member Salter which carried unanimously. CITIZEN COMMENTS Ms. Judice invited the citizens to the 16 th annual Art in the Park, at Stark Park on Saturday, April 7, 2018 from 9:00 a.m. until 4:00 p.m. and the Easter Egg Hunt on Friday, March 30, 2018 at the Riverfront at 10:00 a.m. Essie Bellfield, 1907 Link Street, is concerned about the Greyhound bus stop located on IH-10 not having a sign, water tower located on Simmons Drive not having an Orange painted on it, and streets that need to be repaired. PROCLAMATION A proclamation observing Fair Housing Month was accepted by Delta Sigma Theta. Item 10c was moved to this position on the agenda. MOTION ACCEPTING THE ORANGE ECONOMIC DEVELOPMENT CORPORATION AUDIT AS PRESENTED BY CHARLES E. REED & ASSOCIATES, P.C. FOR THE FISCAL YEAR ENDING SEPTEMBER 30, Chuck Reed, Charles E. Reed and Associates, P.C., briefed the Corporation on the EDC s audit for the Fiscal Year ending September 30, He advised the firm has issued a clean or unmodified opinion. He advised the Corporation s books and records are in good shape. Page 8 of 30

9 Regular Meeting 3 March 27, 2018 Council Member Mello moved to approve the motion. Second to the motion was made by Council Member Pullen which carried unanimously. PUBLIC HEARINGS CONDUCT A PUBLIC HEARING ON A REQUEST FOR RE-ZONING FROM LISA AND DEMETRIUS HUNTER FOR LOTS 7, 8 AND 9 OF BLOCK A OF THE L.T. GRUBBS SUBDIVISION ALSO KNOWN AS 1402, 1404 AND th STREET FROM R-2 MEDIUM DENSITY RESIDENTIAL ZONING DISTRICT TO C-1 LIGHT COMMERCIAL ZONING DISTRICT. The public hearing began at 5:58 p.m. Mr. Knauf briefed the Council on the proposed re-zoning request. Mayor Pro Tem Spears, Council Member Salter and Council Member Pullen advised this would be great for the City. Ms. Bellfied asked if there were any objections by surrounding neighbors or public. Mr. Knauf advised the City did receive phone calls, but no one spoke against the re-zoning. The public hearing ended at 6:04 p.m. CONDUCT A PUBLIC HEARING ON A REQUEST FOR RE-ZONING FROM WOODY DORMAN FOR RE-ZONING ACRES OUT OF A ACRE TRACT OR PARCEL OF LAND CONVEYED TO WOODROW W. DORMAN III BY DEED, RECORDED IN VOLUME 1106 PAGE 273, OF THE OFFICIAL PUBLIC RECORDS, OF REAL PROPERTY, ORANGE COUNTY, TEXAS LOCATED AT THE NORTHEASTERN CORNER OF TULANE ROAD AND OLD TIMERS ROAD ALSO KNOWN AS 325 MARTIN LUTHER KING JR. DRIVE AND 335 MARTIN LUTHER KING JR. DRIVE FROM R-3 HIGH DENSITY RESIDENTIAL ZONING DISTRICT TO C-2 COMMERCIAL ZONING DISTRICT. The public hearing began at 6:04 p.m. Mr. Knauf briefed the Council on the proposed re-zoning request. The following citizens spoke during the public hearing: Theresa Beauchamp, 405 Old Timers Road: * spoke against the re-zoning * concerned about the noise and traffic * the developer, Mr. Dorman never followed through with his original plan on developing the property * concerned if re-zoned and concrete is poured it will flood the existing homes Essie Bellfield, 1907 Link Street: * remembers the first request by Mr. Dorman when she was on Council Frank Beauchamp, 405 Old Timers Road: * spoke against the re-zoning * played a recording he recorded from his driveway of the noise coming from Sulzer Grayson formerly Grayson Armature located on Tulane Road Page 9 of 30

10 Regular Meeting 4 March 27, 2018 Council Member Salter: * asked Mr. Beauchamp if he verified the noise came from Sulzer, he advised no Cleve Halliburton, 350 Old Timers Road: * spoke against the re-zoning * sign still up that advertises Marwood Gardens - Residential Zoning * wants to maintain the integrity and value of the neighborhood Gary Seaton, 360 Old Timers Road: * spoke against the re-zoning Woodrow Dorman, 4679 Old Hwy 87: * asking Council to re-zone 120' X 400' strip from a R-3 to a C-2 * briefed Council on the history of the property and the type of business that wants to build on the property, Gulf Coast Service Center for Sulzer Grayson * no complaints from Roselawn regarding noise * great chance for Orange to get a fine business, a win win situation Joi Seaton, 360 Old Timers Road: * spoke against the re-zoning * Mr. Dorman has not held up to what he told them regarding developing Marwood Gardens Council Member Childs: * asked Mr. Dorman if he owned the whole strip, he advised yes Council Member Pullen: * Mr. Dorman gave him a map different than what was presented to the Planning and Zoning Commission, asked what was the difference, he advised map made bigger and topographical Colleen Halliburton, 350 Old Timers Road: * spoke against the re-zoning * asked Mr. Dorman if re-zoning the property was a deal breaker, he advised no Brad Bennet, Chief Operations Officer of Etheridge Electric Shreveport, La: * needs multiple entrances that is why they prefer the corner of Martin Luther King and Tulane * the business is not an externally noisy business Council Member Pernell: * would like to see a compromise that both sides could be happy Woodrow Dorman: * has Ag exemption, if the Company does not purchase the R tract he would not qualify for the exemption Page 10 of 30

11 Regular Meeting 5 March 27, 2018 Mayor Sims: * major concern of the citizens is the elevation of the business and possibly flooding the nearby homes Property owners Beauchamp and Seaten advised they are not against the business building on the already existing property that is zoned a C-2", they are against the new request to have the R-3" property re-zoned to a C-2". Council Member Pullen read a statement of his opinion regarding the re-zoning. The public hearing ended at 7:33 p.m. ORDINANCES 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 LOTS 7, 8, AND 9 OF BLOCK A OF THE L.T. GRUBBS SUBDIVISION ALSO KNOWN AS 1402, 1404, AND th STREET, ALL IN ORANGE COUNTY, TEXAS FROM R-2 MEDIUM DENSITY RESIDENTIAL ZONING DISTRICT TO C-1 LIGHT COMMERCIAL ZONING DISTRICT; PROVIDING FOR THE OFFICIAL ZONING MAP OF THE CITY OF ORANGE, TEXAS TO REFLECT SUCH CHANGE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE TO THE EXTENT OF SUCH CONFLICT; AND MAKING CERTAIN FINDINGS RELATIVE THERETO. Council Member Mello moved to approve the ordinance. Second to the motion was made by Council Member Pullen which carried unanimously. 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 ACRES OUT OF A ACRE TRACT OR PARCEL OF LAND CONVEYED TO WOODROW W. DORMAN III BY DEED, RECORDED IN VOLUME 1106 PAGE 273, OF THE OFFICIAL PUBLIC RECORDS, OF REAL PROPERTY, ORANGE COUNTY, TEXAS LOCATED AT THE NORTHEASTERN CORNER OF TULANE ROAD AND OLD TIMERS ROAD ALSO KNOWN AS 325 MARTIN LUTHER KING JR. DRIVE AND 335 MARTIN LUTHER KING JR. DRIVE, AS SHOWN ON EXHIBIT A TO THIS ORDINANCE, ALL IN ORANGE COUNTY, TEXAS FROM R-3 HIGH DENSITY RESIDENTIAL ZONING DISTRICT TO C-2 COMMERCIAL ZONING DISTRICT; PROVIDING FOR THE OFFICIAL ZONING MAP OF THE CITY OF ORANGE, TEXAS TO REFLECT SUCH CHANGE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE TO THE EXTENT OF SUCH CONFLICT; AND MAKING CERTAIN FINDINGS RELATIVE THERETO. Mr. Knauf advised Council of section (5)(c) of the City of Orange Code of Ordinances that Page 11 of 30

12 Regular Meeting 6 March 27, 2018 states: A three-fourths (3/4) majority vote by the city council is necessary to approve a zoning district map amendment where the proposed amendment is opposed by twenty (20) percent or more of the property owners whose lands are lying within two hundred (200) feet of the site where the zoning designation change is sought. Mr. Smith explained what the Ordinance meant. After discussion, Council Member Pernell moved to TABLE the ordinance. Second to the motion was made by Council Member Salter which carried unanimously. RESOLUTIONS RESOLUTION AUTHORIZING THE CITY MANAGER AND THE EMERGENCY MANAGEMENT COORDINATOR TO AMEND ANNEX P (HAZARD MITIGATION PLAN) TO INCLUDE THE FOLLOWING LANGUAGE IN ORDER TO PURSUE AN OPTION OF FLOOD MITIGATION PROJECTS THROUGHOUT THE CITY OF ORANGE. 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 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE (5) YEAR AGREEMENT WITH INFRAMARK, LLC FOR PROFESSIONAL OPERATIONS AND MAINTENANCE SERVICES FOR THE JACKSON STREET WASTEWATER TREATMENT PLANT. Council Member Pullen moved to TABLE the resolution until another workshop is held to discuss the Agreement. Second to the motion was made by Council Member Pernell which carried unanimously. DISCUSSION/ACTION MOTION TO APPROVE A REQUEST ON BEHALF OF TX H20, MR. SHAUN COMPTON, TO HOST A JET SKI RACING EVENT AT THE CITY BOAT RAMP, JULY 14-15, 2018 AT A FEE OF $15,000 FUNDED BY THE ORANGE CONVENTION & VISITORS BUREAU IN AN EFFORT TO PROMOTE TOURISM. Council Member Pernell moved to approve the motion. Second to the motion was made by Council Member Childs which carried unanimously. MOTION APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ORANGE AND COLBY AND RISA NELMS TO CONSTRUCT AN OUTDOOR KITCHEN IN THE UTILITY EASEMENT AT 6360 CHASSE GARDENS DRIVE. Council Member Pernell moved to approve the motion. Second to the motion was made by Council Member Mello which carried unanimously. Page 12 of 30

13 Regular Meeting 7 March 27, 2018 MOTION DECLARING EQUIPMENT (2003 FORD F150 UNIT 0882UC, 2007 FORD F150 UNIT 0431AG, 2004 FORD E250 UNIT 0032ED, 2009 FORD F150 UNIT 0473AI, 2005 FORD EXPEDITION UNIT 0962DE) AS SURPLUS AND AUTHORIZING DISPOSAL BY AUCTION THROUGH RENE BATES AUCTIONEER, INC. Council Member Mello moved to approve the motion. Second to the motion was made by Council Member Salter which carried unanimously. DISCUSSION AND POSSIBLE ACTION REGARDING AN ONLINE BACKFLOW MANAGEMENT SYSTEM AND A ONLINE CUSTOMER SERVICE INSPECTION MANAGEMENT SYSTEM. Council Member Mello moved to approve an online backflow management system and a online customer service inspection management system. Second to the motion was made by Council Member Pernell which carried unanimously. DISCUSSION AND POSSIBLE ACTION REGARDING AT & T COMMUNICATIONS SITE LEASE AGREEMENT. Council Member Pernell moved to approve the AT & T Communications Site Lease Agreement. Second to the motion was made by Council Member Pullen which carried unanimously. DISCUSSION AND POSSIBLE ACTION REGARDING MEMBERSHIP TO THE NATIONAL LEAGUE OF CITIES. Mr. Oubre briefed Council on the National League of Cities (NLC). He asked Council if they wanted to join the NLC and if they wanted to change their travel policy to include out-of-state travel. Council Member Pernell advised Council of the benefits of being a member of NLC and thinks the City should be a member. Council Member Childs advised he agrees with the City becoming a member, but not changing the travel policy to include out-of-state travel. Council Member Salter advised she thinks the City should change the travel policy to include out-ofstate travel. Mayor Sims advised the agenda item only states membership to the NLC, not changing the travel policy to include out-of-state travel. Council Member Salter moved to approve membership to the NLC. Second to the motion was made by Council Member Pernell which carried unanimously. DISCUSSION AND POSSIBLE ACTION REGARDING NECESSARY BUSINESS RESULTING FROM HURRICANE HARVEY. Dr. Oubre advised: * the water and sewer revenue is off by 5% * attended a South East Texas Regional Planning Commission (SETRPC) meeting: * 394 housing applications Page 13 of 30

14 Regular Meeting 8 March 27, 2018 * 163 applications complete * 45 work orders * 35 under review * waiting on Texas General Land Office to release documents on funding * money is not here yet, does not know when it will come CITY MANAGER REPORT * SETRPC will host a Household Hazardous Waste and Scrap Tire Collection Event on Saturday, May 5, 2018 from 8:00 a.m. - 1:00 p.m. at Ford Park Pavilion in Beaumont. * Public Hearing on re-zoning of 16 th Street and IH-10, with the Planning and Zoning Commission and the City Council on Tuesday, April 3, 2018 at 5:30 p.m. * all non-essential City of Orange offices closed on Friday, March 30, 2018, there will be regular trash pick-up on this day CITY COUNCIL REPORT Council Member Childs thanked Orange County for passing a resolution regarding Adams Bayou. Council Member Pernell advised the trash pick up along 16 th Street on Saturday was a great event. Council Member Mello reminded the citizens of the Bassmaster Elite Series April 6-9, 2018 and the Easter Egg Hunt Friday, March 30, Mayor Pro Tem Spears sends his condolences to the Franks and Gobert families. He advised the trash pick-up on Saturday was great for awareness. ADJOURNMENT There being no further business before the Council, Council Member Pernell moved to adjourn the meeting. Second to the motion was made by Mayor Pro Tem Spears which carried unanimously. The meeting adjourned at 8:22 p.m. ATTEST: Jimmy Sims, Mayor Patricia Anderson, City Secretary Page 14 of 30

15 WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS NOW THEREFORE Proclamation OFFICE OF THE MAYOR City of Orange Sexual Assault Awareness Month calls attention to the fact that sexual violence is widespread and impacts every person in this community; and the goal of Sexual Assault Awareness Month is to raise public awareness about sexual violence and educate communities on how to prevent it rape, sexual assault, and sexual harassment harm our community, and statistics show one in five women and one in 67 men will be raped at some point in their lives; and child sexual abuse prevention must be a priority to confront the reality that one in six boys and one in four girls will experience a sexual assault before age 18; and on campus, one in five women and one in 16 men are sexually assaulted during their time in college; and the theme of this year s Sexual Assault Awareness Month campaign is, Embrace Your Voice. The campaign informs individuals on how they can use their words to stop sexual violence before it happens by promoting safety, respect, and equality; and our words shape the world around us. Whether you speak out against locker room talk or help someone better understand these issues, your voice is powerful and necessary in this conversation; and individuals, along with the Rape and Suicide Crisis of Southeast Texas and it s partnering agencies, can embrace their voices to show their support for survivors, stand up to victim blaming, shut down rape jokes, correct harmful misconceptions, promote everyday consent, and practice healthy communication with kids; I, Jimmy Sims, Mayor of the City of Orange, Texas, do hereby proclaim the month of April 2018 as SEXUAL ASSAULT AWARENESS MONTH and reaffirm Orange, Texas commits to be on the forefront of Embracing Their Voices this month and throughout the year; and to express our sincere gratitude and appreciation for those community members, victim service providers, and criminal justice professionals who are committed to improving our response to all survivors of sexual violence so that they may continue to heal and thrive. 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 10 th day of April, Page 15 of 30 Jimmy Sims, Mayor

16 MEMORANDUM To: From: Subject: Dr. Shawn Oubre, City Manager Kelvin Knauf, Director of Planning and Community Development Consider an ordinance re-zoning Lots 7, 8 and 9 of Block A of the L.T. Grubbs Subdivision also known as 1402, 1404 and th Street from R-2 Medium Density Residential zoning district to C-1 Light Commercial zoning district Date: March 29, 2018 Lisa and Demetrius Hunter are requesting that property they own on 10 th Street near the intersection of Burton Avenue be re-zoned from R-2 Medium Density Residential to C-1 Light Commercial. On March 6, 2018 the Planning and Zoning Commission conducted a public hearing and voted unanimously to recommend that the City Council approve the re-zoning request. On March 27, 2018 the City Council conducted a public hearing and voted to approve this re-zoning ordinance on first reading. Page 16 of 30

17 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 LOTS 7, 8 AND 9 OF BLOCK A OF THE L.T. GRUBBS SUBDIVISION ALSO KNOWN AS 1402, 1404 AND TH STREET, ALL IN ORANGE COUNTY, TEXAS FROM R-2 MEDIUM DENSITY RESIDENTIAL ZONING DISTRICT TO C-1 LIGHT COMMERCIAL ZONING DISTRICT; PROVIDING FOR THE OFFICIAL ZONING MAP OF THE CITY OF ORANGE, TEXAS TO REFLECT SUCH CHANGE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE TO THE EXTENT OF SUCH CONFLICT; AND MAKING CERTAIN FINDINGS RELATIVE THERETO. WHEREAS, the Planning and Zoning Commission met in regular session on March 6, 2018 and held a public hearing on a zoning request from Lisa and Demetrius Hunter; and, WHEREAS, the Commission voted unanimously to recommend that the City Council approve a request to amend the zoning of Lots 7, 8 and 9 of Block A of the L.T. Grubbs subdivision, all in Orange County, Texas from R-2 Medium Density Zoning District to C-1 Light Zoning District as shown highlighted in Exhibit A ; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS: Section 1. That the zoning classification of Lots 7, 8 and 9 of Block A of the L.T. Grubbs subdivision, all in Orange County, Texas and as shown on the attached Exhibit "A" shall be amended from R-2 Medium Residential Zoning District to C-1 Light Commercial 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 this ordinance shall be effective after the second and final approval and publication as required in the Orange City Charter and state law. 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 all ordinances that are in conflict with the provisions of this ordinance are 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 6. 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 and will be as a substantial relationship to the public welfare; PASSED and APPROVED on the first reading this the 27th day of March, Page 17 of 30

18 PASSED, APPROVED, and ADOPTED on the final reading on this the 10th day of April, Jimmy Sims, Mayor ATTEST: Patricia Anderson, City Secretary APPROVED AS TO FORM: City Attorney Page 18 of 30

19 Exhibit A Page 19 of 30

20 A RESOLUTION ASKING THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) TO REPLACE IH-10 ADAMS BAYOU ACCESS BRIDGES WHEREAS, the City of Orange City Council finds it in the best interest of the citizens of Orange that the access bridges running across Adams Bayou along Interstate Highway 10 should be replaced with new bridges; and WHEREAS, the current bridges significantly impede the flow of water down Adams Bayou during flood events due to the bridge pilings and low clearance above the water line collecting debris and contribute to the flooding of homes along the bayou; and WHEREAS, the current bridges roadway is too close to the water line and routinely floods during minor rain events eliminating the use of the bridges and creating a safety hazard; and WHEREAS, the current bridges height eliminates the people s ability to travel the length of the bayou for recreational and educational purposes; now therefore BE IT RESOLVED that the City of Orange City Council approves this resolution asking TXDOT to replace said bridges in order to alleviate potential flooding of homes, improve roadway safety and transportation, and improve bayou access for the people. PASSED, APPROVED and ADOPTED on this the 10 th day of April Jimmy Sims, Mayor ATTEST: Patricia Anderson, City Secretary APPROVED: City Attorney Page 20 of 30

21 Page 21 of 30

22 Page 22 of 30

23 Page 23 of 30

24 Page 24 of 30

25 Page 25 of 30

26 Page 26 of 30

27 Page 27 of 30

28 Page 28 of 30

29 Page 29 of 30

30 Page 30 of 30