MEETING AGENDA ORANGE CITY COUNCIL Orange · PDF fileORANGE CITY COUNCIL Orange Public Library Auditorium 220 N. Fifth Street ... Cheryl Zeto 8. ... TEXAS ADOPTING RULES

City Council Meeting, August 8, 2017City of Orange, Texas

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MEETING AGENDA

ORANGE CITY COUNCILOrange Public Library Auditorium

220 N. Fifth StreetOrange, Texas

August 8, 20179:00 a.m.

1. CALL TO ORDER Mayor

2. INVOCATION and PLEDGE OF ALLEGIANCE Mayor Pro Tem Spears

3. MOTION

a) Motion finding that the advance posting and notice requirementsof Article 8.1200 of the Code of Ordinances of the City ofOrange, Texas have been met in relation to all minutes andpending ordinances and resolutions on this agenda and that thereading of such items be confined to the captions as are agreedupon by the ordinances and resolutions. 1 Mayor/Council

4. APPROVAL OF MINUTES

a) June 27, 2017 Orange Economic Development CorporationMeeting 5 Mayor/Council

b) July 25, 2017 Regular City Council Meeting 7 Mayor/Council

5. CITIZEN COMMENTS

At this time comments will be taken from the audience on anysubject matter, whether or not that item is on the agenda. Allcomments are limited to a maximum three minutes for eachspeaker. Your comments are appreciated. As the Texas OpenMeetings Act does not allow the Council to respond to items notlisted on the agenda, your comments will be duly noted by theCouncil and forwarded to the appropriate department for promptconsideration.


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6. PUBLIC HEARING

Conduct a public hearing to receive citizen comments on theProposed Budget for the 2017 Annual Action Plan for the City ofOrange’s Community Development Block Grant Program. The cutoff for submitting comments is 5:00 p.m., close of business,Tuesday, August 8, 2017. Comments may be made during thishearing or dropped off in writing at the office of Planning &Community Development, 303 8th Street, here in Orange. 12 Staff: Wilson

7. ORDINANCES

a) Final Reading:

Consider an ordinance of the City of Orange, Texas by providinga development plan for ABST. 76 J. Francis TR 010A alsoknown as 402 Simmons Drive; providing an effective date;providing a severability clause; and repealing any ordinance inconflict with this ordinance to the extent of such conflict. (FirstReading July 25, 2017) 14 Staff: Knauf

b) Final Reading:

Consider an ordinance abandoning the surface only of a 0.3037acre of land out of the North 11th Street right-of-way whileretaining a utility easement; directing that the official city streetmap be amended to reflect such change; repealing allordinances in conflict with this ordinance to the extent of suchconflict; making certain findings thereto; providing a severabilityclause; and, providing an effective date. (First Reading July 25,2017) 19 Staff: Knauf

c) Final Reading:

Consider an ordinance of the City Council of the City of Orange,Texas adopting rules for the Planning and Zoning Commission(P&Z), repealing all ordinances in conflict to the extent of anyconflict, providing for a severability clause, and establishing aneffective date. (First Reading July 25, 2017) 26 Staff: Knauf

d) First Reading:

Consider an ordinance amending certain portions of AppendixA, of the Code of Ordinances of the City of Orange, Texaspertaining to garbage and trash collection services. 33 Staff: Cheryl Zeto

8. RESOLUTIONS

a) Consider a resolution authorizing the City Manager to enter intoan Interlocal Agreement with the South East Texas RegionalPlanning Commission 9-1-1 Emergency Communicationsrelating to the planning, development, operation and provisionof 9-1-1 service and the use of 9-1-1 funds. 35 Staff: Mike Zeto


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b) Consider a resolution authorizing and directing City Manager,Shawn Oubre, to submit on behalf of the City of Orange theYear 4 Annual Action Plan of the City’s Five Year ConsolidatedPlan to the U.S. Department of Housing and UrbanDevelopment. 47 Staff: Wilson

9. DISCUSSION/ACTION

a) Consider a motion acknowledging receipt of the proposed FiscalYear 2018 budget for the City of Orange. 60 Staff: Cheryl Zeto

b) Consider a motion acknowledging receipt of the certification ofthe 2017 Anticipated Collection Rate and 2016 Excess DebtRate. 61 Staff: Cheryl Zeto

c) Consider a motion acknowledging receipt of the certifiedappraised values and corresponding reports from the OrangeCounty Appraisal District. 63 Staff: Cheryl Zeto

d) Consider a motion acknowledging receipt of the 2017 Effectiveand Rollback Rates and corresponding worksheets. 73 Staff: Cheryl Zeto

e) Discussion and possible action on the tax rate. If proposed taxrate will exceed the rollback rate or the effective rate (whicheveris lower) take record vote and schedule public hearings. Staff: Oubre

f) Consider a motion accepting the resignation of Jim Bean fromthe Board of Adjustment effective August 8, 2017 for the termending December 31, 2018. 82 Staff: Knauf

g) Consider a motion appointing Zachary Thomas as a regularmember to the Board of Adjustment for a term ending December31, 2018. 84 Staff: Knauf

h) Consider a motion appointing Charles Perry to the CitizensAdvisory Committee for a term ending August 8, 2021. 86 Staff: Knauf

10. REPORTS

a) City Manager Report

b) City Council Report

11. ADJOURN TO CLOSED EXECUTIVE SESSION

a) Deliberation with legal counsel pursuant to Texas GovernmentCode, Chapter 551.071 - Consultation on Collective BargainingAgreement negotiations with the Orange Municipal PoliceAssociation and the International Association of Firefighters,Local 1432. Mayor/Council


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12. RECONVENE IN OPEN SESSION

a) Take action as necessary regarding item 11 a) above. Mayor/Council

13. ADJOURNMENT

Texas Penal Code 30.06:“Pursuant to Section 30.06, Penal Code (trespass by license holderwith a concealed handgun), a person licensed under Subchapter H,Chapter 411, Government Code (handgun licensing law), may notenter this property with a concealed handgun”

“De conformidad con la Sección 30.06 del código penal (entrada depersona con licencia de portar o llevar armas de mano oculta), unapersona licenciada bajo el subcapítulo H, capítulo 411 del código degobierno (ley de licenciación para portar o llevar armas de mano) nose permite entrar en esta propiedad con “ninguna armas de manooculta”

Texas Penal Code 30.07:“Pursuant to Section 30.07, Penal Code (trespass by license holderwith an openly carried handgun), a person licensed underSubchapter H, Chapter 411, Government Code (handgun licensinglaw), may not enter this property with a handgun that is carriedopenly”

“De conformidad con la Sección 30.07 del código penal (entrada deuna persona con licencia de portar o llevar armas de mano visible),una persona licenciada bajo el subcapítulo H, capítulo 411 delcódigo de gobierno (ley de licenciación para portar o llevar armasde mano visible) no se permite entrar en esta propiedad conninguna “armas de mano visible”

No Firearms AllowedNo se permite ninguna armas de fuego

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STATE OF TEXAS }July 25, 2017

COUNTY OF ORANGE }

BE IT REMEMBERED THAT a Regular Meeting of the Orange City Council of the City of Orange,Orange County, Texas, was held in the Library Auditorium on Tuesday, July 25, 2017.

COUNCIL MEMBERS PRESENT: Jimmy Sims MayorBrad Childs Council MemberTerrie T. Salter Council MemberBill Mello Council Member

COUNCIL MEMBERS ABSENT: Larry Spears Jr. Mayor Pro TemPatrick Pullen Council MemberAnnette 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 PoliceCheryl Zeto Director of FinanceJim Wolf Director of Public WorksKelvin Knauf Director of Planning and

C o m m u n i t yDevelopment

Brenna Manasco Library DirectorLee Anne Brown Deputy Fire ChiefHillary Haynes S o c i a l M e d i a

CoordinatorMichael Patterson Engineering TechKate Leverett City Attorney

STAFF MEMBERS ABSENT: David Frenzel Fire ChiefJohn Cash Smith City Attorney

Mayor Sims called the meeting to order at 5:50 p.m.

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

MOTION FINDING THAT THE ADVANCE POSTING AND NOTICE REQUIREMENTS OFARTICLE 8.1200 OF THE CODE OF ORDINANCES OF THE CITY OF ORANGE, TEXAS HAVEBEEN MET IN RELATION TO ALL MINUTES AND PENDING ORDINANCES ANDRESOLUTIONS ON THIS AGENDA AND THAT THE READING OF SUCH ITEMS BE CONFINED

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Regular Meeting 2 July 25, 2017

TO THE CAPTIONS AS ARE AGREED UPON BY THE THE ORDINANCES ANDRESOLUTIONS.

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

APPROVAL OF MINUTES

Council Member Mello moved to approve the minutes of the April 18, 2017 Joint Meeting of thePlanning and Zoning Commission and City Council. Second to the motion was made by CouncilMember Childs which carried unanimously.

Council Member Mello moved to approve the minutes of the July 11, 2017 Regular City CouncilMeeting. Second to the motion was made by Council Member Childs which carried unanimously.

CITIZEN COMMENTS

There were no citizen comments.

PUBLIC HEARINGS

CONDUCT A PUBLIC HEARING ON A REQUEST BY CYPRESS BAYOU INDUSTRIAL FOR ADEVELOPMENT PLAN FOR 402 SIMMONS DRIVE.

The public hearing began at 5:53 p.m.


The public hearing ended at 5:54 p.m.

CONDUCT A PUBLIC HEARING ON A REQUEST BY THE ORANGE DEPOT BOARD TOABANDON A SECTION OF ELEVENTH STREET FROM WEST GREEN AVENUE TO WEST ELMAVENUE.

The public hearing began at 5:54 p.m.


The public hearing ended at 5:56 p.m.

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ORDINANCES

FINAL READING:AN ORDINANCE AMENDING APPENDIX A CHAPTER 12.000 “PLANNING & ZONING FEES” OFTHE 2000 REVISED CODE OF ORDINANCES OF THE CITY OF ORANGE, TEXAS BYREQUIRING A FEE FOR THE RELEASE OF A LIEN FILED ON A PARCEL OF PROPERTY;PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERABILITY CLAUSE AND MAKINGCERTAIN FINDINGS RELATIVE THERETO. (FIRST READING JULY 11, 2017)

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

A copy of this Ordinance is being made a part of these minutes as Ordinance Number 2017-16.

FIRST READING:

AN ORDINANCE OF THE CITY OF ORANGE, TEXAS BY PROVIDING A DEVELOPMENT PLANFOR ABST. 76 J. FRANCIS TR 010A ALSO KNOWN AS 402 SIMMONS DRIVE; PROVIDING ANEFFECTIVE DATE; PROVIDING A SEVERABILITY CLAUSE; AND REPEALING ANY ORDINANCEIN CONFLICT WITH THIS ORDINANCE TOTHE EXTENT OF SUCH CONFLICT.

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

FIRST READING:

AN ORDINANCE ABANDONING THE SURFACE ONLY OF A 0.3037 ACRE OF LAND OUT OFTHE NORTH 11TH STREET RIGHT-OF-WAY WHILE RETAINING A UTILITY EASEMENT;DIRECTING THAT THE OFFICIAL CITY STREET MAP BE AMENDED TO REFLECT SUCHCHANGE; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE TO THEEXTENT OF SUCH CONFLICT; MAKING CERTAIN FINDINGS THERETO; PROVIDING ASEVERABILITY CLAUSE; AND, PROVIDING AN EFFECTIVE DATE.

Mr. Knauf advised the City will maintain the street until the project begins.

Mayor Sims asked when the project will begin. Rob Clark, Architectural Alliance, advised the projectwill begin in one to one and half years from now. Mayor Sims recommended advising the citizensthat the street will remain open until then.

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

FIRST READING:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS ADOPTING RULESFOR THE PLANNING AND ZONING COMMISSION (P&Z), REPEALING ALL ORDINANCES INCONFLICT TO THE EXTENT OF ANY CONFLICT, PROVIDING FOR A SEVERABILITY CLAUSE,AND ESTABLISHING AN EFFECTIVE DATE.

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

RESOLUTIONS

RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FORPRE-STORM DISASTER RECOVERY SERVICES WITH D & J ENTERPRISES AS THE PRIMARYCONTRACTOR AND CROWDERGULF AS THE SECONDARY CONTRACTOR.

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

A copy of this resolution is being made a part of these minutes as Resolution Number 2017-43.

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 4 WITHBLASTCO TEXAS, INC. FOR THE MEEKS DRIVE AND LINK STREET WATER PLANTIMPROVEMENTS.

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


RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 2 WITHEXCAVATION & CONSTRUCTION, LLC FOR ALLIE PAYNE WATER & SEWER EXTENSION.

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


CITY MANAGER REPORT

Dr. Oubre reminded Council of the Council portraits on Tuesday, August 8, 2017 at 8:30 a.m. in theinside meeting room of the Orange Public Library.

He commended City staff that oversaw the construction of the restrooms constructed at the OrangeRiverfront and Pavilion. The money saved on the project will be used to install A/C in them.

CITY COUNCIL REPORT

Mayor Sims, Council Member Childs, Council Member Salter and Council Member Mello thankedCity staff for their help and hard work.

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ADJOURN TO CLOSED EXECUTIVE SESSION

10. a) Deliberation with legal cousel pursuant to Texas Government Code, Chapter551.071-Consultation on Collective Bargaining Agreement negotiations with theOrange Municipal Police Association and the International Association of Firefighters,Local 1432.

The Council met in a closed executive session at 6:19 p.m.

RECONVENE IN OPEN SESSION

The Council reconvened in open session at 7:00 p.m.

TAKE ACTION AS NECESSARY REGARDING ITEM 10 a) above.

No action was taken.

ADJOURNMENT

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

The meeting adjourned at 7:00 p.m.

Jimmy Sims, Mayor

ATTEST:

Patricia Anderson, City Secretary

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MEMORANDUM

To: Dr. Shawn Oubre Ph.D., City Manager

From: Kelvin Knauf, Director of Planning and Community Development

Subject: Consider an ordinance establishing a development plan for 402 Simmons Drive

Date: July 28, 2017

Background

Cypress Bayou Industrial is requesting operate a materials storage yard on their property at 402 Simmons Drive. This property is a little bit unusual in that part of the property is zoned I-Industrial while another part of the property is zoned MUZD-Mixed Use Zoning District. The Mixed Use Zoning District zoning regulations requires that property in that zoning district have a development plan.

The Planning and Zoning Commission conducted a public hearing on July 6, 2017 on the proposed development plan. No one spoke in opposition to the plan. After the public hearing, the P&Z voted unanimously to recommend that the City Council adopt the development plan. The owner of the property, Cypress Bayou Industrial, is also in agreement with the development plan.

Attached for your consideration is an ordinance that approves the development plan for 402 Simmons Drive. The City Council approved this ordinance on first reading on July 25, 2017.

Recommendation

I concur with the Planning and Zoning Commission and recommend that the City Council adopt an ordinance establishing a development plan for 402 Simmons Drive.

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AN ORDINANCE OF THE CITY OF ORANGE, TEXAS BY PROVIDING A DEVELOPMENT PLAN FOR ABST. 76 J. FRANCIS TR 010A ALSO KNOWN AS 402 SIMMONS DRIVE; PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERABILITY CLAUSE; AND REPEALING ANY ORDINANCE IN CONFLICT WITH THIS ORDINANCE TO THE EXTENT OF SUCH CONFLICT

WHEREAS, ABST. 76 J. Francis TR 010A and also known as 402 Simmons Drive as shown on the attached Exhibit “A” is zoned Mixed Use Zoning District (MUZD); and,

WHEREAS, the City Code of Ordinances requires that a MUZD contain a development plan be created for the uses and improvements for the property; and,

WHEREAS, the Planning and Zoning Commission conducted a public hearing on July 6, 2017 to receive public comments on a proposed development plan for the property;

WHEREAS, the City Council conducted a public hearing on July 25, 2017 to receive public comments on a proposed development for the property; now, therefore,

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

Section 1. The development plan for ABST. 76 J. Francis TR 010A also known as 402 Simmons Drive is hereby approved as provided in Exhibit “A” to this ordinance.

Section 2. That the City Council of the City of Orange, Texas hereby legislatively finds and determines that this ordinance will be in harmony with the general purpose and intent of the Comprehensive Master Plan and Zoning Ordinance 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 3. That this ordinance shall become effective upon second and final reading and publication as required by State law.

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.

PASSED AND APPROVED on first reading this the 25th day of July, 2017.

PASSED, APPROVED and ADOPTED on second reading this the 8th day of August, 2017.

Jimmy Sims, Mayor

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ATTEST:


APPROVED AS TO FORM:

City Attorney

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Exhibit “A”

Development Plan

This development plan is for property zoned Mixed Use Zoning District (“MUZD”) described as ABST. 76 J. Francis TR 010A also known as 402 Simmons Drive and as shown on Attachment “A”.

Mixture of Uses: The following uses shall be allowed within the MUZD:

Indoor or outdoor storage of materials, parts and equipment of an industrial nature awaiting welding or fabrication

Parking of vehicles used for business on adjoining properties

Parking of vehicles belonging to employees of businesses located on adjacent properties

Hazardous chemicals as defined by federal, state or local laws and ordinances are prohibited.

Setbacks for structures: Setback requirements shall be the same as those in the Industrial zoning district.

Height limitations: Height limitations shall be the same as those in the Industrial zoning district.

Floor area ratio: The floor-to-area coverage ratio shall be the same as those in the Industrial zoning district.

Fencing: All fencing requirements shall be the same as those in the Industrial zoning district.

Landscaping plan: All landscaping shall be the same as those in the Industrial zoning district.

Signs: Signage regulations shall be the same as those in the Industrial zoning district.

Lighting. All lighting shall comply with the same regulations for lighting in the City’s Code of Ordinances.

Parking requirements. Parking requirements shall be the same as those in the Industrial zoning district.

Unless otherwise specified in this development plan, all other requirements of the City’s Code of Ordinances, as amended from time to time, shall apply to this property.

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Attachment “A”

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MEMORANDUM



Subject: Consider an ordinance abandoning the surface only a section of 11th Street from West Green Avenue to West Elm Avenue while retaining a utility easement

Date: July 28, 2017

Background

The City staff has been approached by the Orange Depot Board about abandoning 11th Street in front of the depot. The Board would like to make that section of 11th Street into a parking lot for the depot. There is a fourteen-inch force main sewer line located underneath 11th Street.

The Planning and Zoning Commission held a public hearing on July 6, 2017 to receive public comments on the proposed abandonment. No one spoke in opposition to the abandonment. After the public hearing, the Planning and Zoning Commission voted to recommend that the surface only of 11th Street in front of the train depot be abandoned and that the City retain a utility easement the width and depth of the abandoned area be retained.

If this section of 11th Street is abandoned, the construction of the parking lot is not anticipated to begin for a year or two. The attached proposed ordinance abandons the section of 11th Street in front of the train depot on two conditions: (1) the approval of the ordinance on second and final reading by the City Council and (2) upon a written agreement by the city manager and an authorized representative of the Orange Depot Board as to the effective date that the street is abandoned. This way, the City will continue to maintain and patrol the section of 11th Street and keeping the section of street open to the public until such time as the Board is ready to construct the parking lot.

The City Council approved this ordinance on first reading on July 25, 2018.

Recommendation

I concur with the Planning and Zoning Commission and recommend that the City Council adopt an ordinance abandoning the surface only of 11th Street from Green Avenue to Elm Avenue while retaining a utility easement the width and length of the abandoned area and subject to a written agreement by the City Manager and the Orange Depot Board as to the effective date of the abandonment of the street.

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AN ORDINANCE ABANDONING THE SURFACE ONLY OF A 0.3037 ACRE OF LAND OUT OF THE NORTH 11TH STREET RIGHT-OF-WAY WHILE RETAINING A UTILITY EASEMENT; DIRECTING THAT THE OFFICIAL CITY STREET MAP BE AMENDED TO REFLECT SUCH CHANGE; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE TO THE EXTENT OF SUCH CONFLICT; MAKING CERTAIN FINDINGS THERETO; PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING AN EFFECTIVE DATE

WHEREAS, the Planning and Zoning Commission met on April 6, 2017 and held a public hearing on a request to abandon the surface only of a 0.3037 acre of land out of the 11th Street right-of-way;; and

WHEREAS, the Planning and Zoning Commission after the presentation of the case voted unanimously 7-0 to recommend that the City Council approve abandoning the surface only of above referenced street, as shown in Exhibit “A” to this ordinance while retaining a utility easement; now, therefore

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

Section 1. That the surface only of a 0.3037 acre of land out of the 11th Street right-of-way as described and shown on Exhibit “A” to this ordinance is hereby abandoned; however, the City shall retain a public utility easement the width and length of the abandoned area.

Section 5. That the City staff shall amend the official city street map to reflect such change.

Section 6. That the City Council of the City of Orange, Texas hereby legislatively finds and determines that this ordinance and the street abandonment established herein will be in harmony with the general purpose and intent of the Comprehensive Master Plan and Zoning Ordinance 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 7. 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 9. That this ordinance shall become effective upon second and final passage by the City Council and publication as required by State law. This abandonment shall become effective upon signatures by the city manager and an authorized representative of the Orange Depot Board on a written agreement as to the effective date of the abandonment.


PASSED, APPROVED AND ADOPTED on second reading this the 8th day of August, 2017.

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Jimmy Sims, Mayor

ATTEST:



City Attorney

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MEMORANDUM



Subject: Consider an ordinance establishing rules of procedure for the Planning and Zoning Commission

Date: July 28, 2017

Background

On July 6, 2017 the Planning and Zoning Commission considered rules of procedure for the P&Z. After reviewing draft rules submitted by staff, the Planning and Zoning Commission voted unanimously to approve the rules of procedure.

Attached for your consideration are the rules of procedure adopted by the P&Z. Many of these procedures the Planning and Zoning Commission did previously; they had just never been written down and adopted. The proposed rules you may want to give special attention to are:

3. A and 3.B. Election of officers. The proposal is that the Chair and Vice-Chair be elected annually at the first meeting after October 1 of each year. Commission terms end in September and it seems advisable that the election occur at the first meeting after which the terms expire.

4.D.3 Citizen participation. The proposed procedure is that the presiding officer may request a law enforcement officer to remove from the meeting any person who refuses to stop speaking after being told to stop by the presiding officer or any person who is disrupting the meeting. While citizens are entitled to speak, there is no law that gives them the right to disrupt meetings.

4.D.7 Legal conflicts of interest. The proposal is that if a member has a legal conflict, they must leave the room during the discussion and vote. Some organizations allow the member to stay in the meeting room and not talk during the matter. However, the best practice is to leave the room since eye gestures or other body language is still a form of communication that a member or could sue to try and persuade other members to vote on the matter.

4.E. Reconsideration. This proposed procedure would prevent applicants from submitting the same re-zoning request to the commission for six months after the re-zoning request has been denied. This is to keep applicants from trying to wear down the commission through repeated re-zoning applications for the same zoning district.

Attached is an ordinance approving the rules of procedure for the Planning and Zoning Commission. The City Council approved this ordinance on first reading on July 25, 2017.

Recommendation

I recommend that the City Council adopt an ordinance approving the rules of procedure for the Planning and Zoning Commission.

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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS ADOPTING RULES FOR THE PLANNING AND ZONING COMMISSION (P&Z), REPEALING ALL ORDINANCES IN CONFLICT TO THE EXTENT OF ANY CONFLICT, PROVIDING FOR A SEVERABILITY CLAUSE, AND ESTABLISHING AN EFFECTIVE DATE

WHEREAS, on July 6, 2017 the Planning and Zoning Commission (P&Z) adopted rules of procedure for matters before the Commission; and

WHEREAS, the City Council believes that having written rules of procedure helps make Planning and Zoning Commission meeting more productive, reduces confusion on procedural matters and helps educate new members appointed to the Commission; now therefore

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

Section 1. That the Planning and Zoning Commission Rules of Procedure shown on the attached Exhibit “A” are hereby approved.

Section 2. 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 4. That the meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code Chapter 551.

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


PASSED, APPROVED AND ADOPTED on second reading this the 8th day of August, 2017.

Jimmy Sims, Mayor

ATTEST:



City Attorney

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Exhibit “A”

City of Orange

Planning and Zoning Commission

Rules of Procedure

1. Authority

A. Authority. The Planning and Zoning Commission and its duties are authorized by the Texas Local

Government Code, the Orange City Charter and the Orange Code of Ordinances.

B. Intention. These rules are intended to supplement and not replace relevant sections of State law,

the Orange City Charter or the Orange Code of Ordinances.1

2. General Rules

A. Meetings to be public except when consulting with Commission’s attorney. The Commission

shall comply with the Texas Open Meetings Act. Every regular, workshop, joint meeting or

special called meeting of the Commission shall be open to the public. Meetings need not be open

to the public when the Commission is consulting with its attorney.

B. Quorum. Four members of the Commission shall constitute a quorum. The members will be

notified and will be expected to attend each Commission meeting whenever possible.

C. Minutes of the Meeting. Accurate minutes of all proceedings of the Commission shall be kept by

the Director of Planning and Community Development or his/her designee. Commission minutes

shall be reviewed and voted on by members who attended that particular meeting. The Chair will

announce when the minutes are approved.

D. Right of Floor. Any regular member desiring to speak will wait to be recognized by the Chair

and shall confine his/her remarks to the subject under consideration.

E. Amendment of Rules. These rules may be amended or new rules adopted by a majority vote of

the entire Commission and upon approval by the City Council.

1 The procedures for consideration of plats are contained in the Texas Local Government Code and the Orange Code of Ordinances. The procedures for zoning, re-zoning property or amending the zoning ordinance are contained in the Texas Local Government Code and the Orange Code of Ordinances. The procedure for making a recommendation on surplus city property is contained in the Orange City Charter.

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Exhibit “A”

3. Officers and Duties

A. Chair. The Chair is elected by the Commission members in attendance at the meeting for a term

of one year. The Chair shall preside at all meetings of the Commission where he/she is present

and shall decide all points of order or procedure not in conflict with these rules. The Chair shall

be elected at the first meeting after October 1st of each calendar year and as the position becomes

vacant.2

B. Vice-Chair. The Vice-Chair is elected by the Commission members in attendance at the meeting

for a term of one year. In the absence of the Chair, the Vice-Chair shall preside. In the absence

of the both the Chair and Vice-Chair, the members shall elect a temporary Chair. The Vice-Chair

shall be elected at the first meeting after October 1st of each calendar year and as the position

becomes vacant.

C. Acting Chair. Should both the Chair and the Vice-Chair be absent from a meeting, the most senior

member of the Commission shall be the Acting Chair. Should two or more Commissioners be

senior, the Commission shall elect an Acting Chair.

D. Call to Order. The presiding member shall call the meeting to order. The meeting shall not begin

before the posted time on the agenda.

E. Preservation of Order. The presiding officer shall preserve order and decorum and confine

members and/or interested parties in debate to the question under discussion.

F. Attendance. Members are subject to the attendance requirement contained in the Code of

Ordinances.3

G. Decorum. Commission members value and recognize the importance of the trust invested to them

by the public and the City Council to accomplish the business of the City. Commission members

shall accord the utmost courtesy to each other, to City employees, and to the public appearing

before the Commission. City staff shall act at all times in a business and professional manner

towards Commission members and members of the public. Noise emanating from the audience

within the meeting room which disrupts Commission meetings shall not be permitted.

2 Commission members terms expire at the end of September. Since new members may be appointed due to term limits, election of a Chair and Vice-Chair after the expiration of terms is advisable. 3 Section 8.2101 of the Code of Ordinances provides that any appointed member of any board or commission who fails to attend three (3) regular meetings in succession without notifying the chairman in advance or who does not attend at least sixty percent (60%) of the regularly scheduled board meetings within a twelve-month period will be considered to have automatically resigned from the board or commission.

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Exhibit “A”

H. Endorsements. It is inappropriate to endorse political candidates, political causes, or items placed

on a ballot during Commission meetings.

4. Order of Business

A. Agenda. The order of business for each meeting shall be as contained in the agenda prepared by

the Director of Planning and Community Development or his/her designee. The agenda shall be

a listing of subjects to be considered by the Commission and shall be delivered to members by

either email or regular mail no later than seventy-two (72) hours before the meeting.

1. The presiding officer may take agenda items out of the order in which they are listed

unless a majority of the members present object to this variation.

2. Before voting on an agenda item, a motion must be made and seconded. The presiding

officer may make a motion or second a motion. Once the motion has been made and

seconded, the presiding officer will call for a vote on the motion through members

saying “aye” (approving the motion) or “nay” (disapproving the motion). A motion

may be amended with the approval of the member making the original motion and the

person seconding the original motion. The presiding officer shall announce whether or

not the motion carried or fails.

3. If no second is made to a motion, then the motion fails and a new motion must be made

and seconded.

4. If a motion (and second) does not pass, a new motion and second must be made before

the agenda item can be voted on. The presiding officer shall announce whether or not

the motion carried or fails.

5. A majority vote of the Commission members in attendance at the meeting shall carry

except in the event of a protest petition pursuant to Section 212.015(c) of the Texas

Local Government Code (regarding a proposed replat requiring a variance), the vote

required for approval shall be not less than 75% of the Commissioners present.

B. General. Prior to any zoning or re-zoning of a parcel of land before the Commission, the applicant

must have first made an application to the Commission. The City of Orange may be an applicant

for city-initiated zoning or re-zoning. The application shall be on a form approved by the Director

of Planning and Community Development and as provided in the Code of Ordinances.

C. Minutes. Minutes from the previous meeting(s) shall be reviewed and may either: (i) be approved

as submitted; (ii) be approved with corrections; or (iii) be tabled to a future meeting to allow time

for staff corrections and revisions.

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Exhibit “A”

D. Public hearing. Prior to consideration of a request to re-zone a parcel of property or to amend the

zoning ordinance the Commission shall conduct a public hearing on the application. The public

hearing shall be in the following sequence:

1. The presiding officer shall read the agenda item for the public hearing, declare the

public hearing open and state the time the public hearing is opened.

2. The Director of Planning and Community Development or his/her designee shall

present the application and summarize the request before the Commission.

3. The applicant and any interested party will be allowed to speak on the application.

The applicant and interested parties will be required to keep their comments and/or

questions to the application under consideration. Interested parties shall address their

comments and questions to the Commission. If a person is repetitive in their comments

or presents information not related to the application under consideration, the

presiding officer may prohibit the person from making further comments. The

presiding officer may stop the person from speaking further if the remarks or gestures

are profane, abusive, inflammatory or otherwise offensive. Persons who refuse to stop

speaking at the direction of the presiding officer or otherwise disrupt the meeting may

be escorted from the meeting by a law enforcement officer at the request of the

presiding officer.

4. The Commission may ask questions of the City staff, the applicant and/or any

interested party during the public hearing.

5. After the applicant and all interested parties have been heard, the presiding officer

shall close the public hearing and announce the time the public hearing is closed.

6. The Commission shall then consider and vote on the application. The Commission

shall be allowed to ask questions of the City staff, the applicant and/or any interested

party during consideration of the application.

7. Unless the Commission member has a legal conflict of interest in the matter, the

member or alternate should vote on the agenda item. If a legal conflict of interest

exists, the member or alternate shall leave the Commission meeting room until after

the agenda item has been discussed and action taken by the Commission4.

E. Reconsideration. No zoning or re-zoning request for the same zoning district that the Commission

has recommended be denied may be re-considered by the Commission for six months after the

4 Even if a member does not speak during consideration of an item where the member has a legal conflict, the member can still communicate through body language and eye contact. The best practice is to have the member with the legal conflict leave the room.

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Exhibit “A”

meeting at which the decision was made to recommend denial of the re-zoning application5.

Preliminary plats and final plats may be re-considered at any meeting after the meeting that the

decision was made to recommend denial of the preliminary plat or final plat provided that changes

requested by the Commission have been made to the preliminary plat or final plat.6

5. Adjournment

A. After all items on the agenda have been considered7, the presiding officer may adjourn the meeting

without a motion and second. The Commission shall not discuss or decide any item that is not on

the agenda, unless specifically allowed by Texas law.

Approved by the Planning and Zoning Commission: July 6, 2017

Approved, Adopted and Passed by the City Council: August 8, 2017

5 This is intended to prevent an applicant from trying to wear down the Planning and Zoning Commission by continually filing the same re-zoning requests. 6 This is intended to clarify that preliminary plats and final plats can be submitted if the changes requested by the Commission have been made before six months have expired. 7 This would include approval, denial, tabling an item, the applicant withdrawing an item, or postponing consideration of an item. If the Commission has a number of items and cannot get to all of them in a meeting, it can table the remaining items to a future Commission meeting.

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MOTION

Motion appointing Zachary Thomas as a regular member to the Board of Adjustment for a term ending December 31, 2018.

Jimmy Sims, Mayor

ATTEST:


August 8, 2017

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MEMORANDUM



Subject: Consider appointing Zachary Thomas to the Zoning Board of Adjustment as a regular member for a term ending December 31, 2018

Date: July 28, 2017

Background

There is a regular member vacancy on the Board of Adjustment due to the resignation of Jim Bean. Zachary Thomas is currently an alternate member to the Board and is eligible to be appointed as a regular member. If Mr. Thomas is appointed as a regular member, it will leave us with no alternate members.

Recommendation

I recommend that the City Council appoint Zachary Thomas to serve on the Zoning Board of Adjustment as a regular member for a term ending December 31, 2018.

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MOTION

Motion appointing Charles Perry to the Citizens Advisory Committee for a term ending August 8, 2021.

Jimmy Sims, Mayor

ATTEST:


August 8, 2017

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MEMORANDUM



Subject: Consider appointing Charles Perry to the Citizens Advisory Committee

Date: July 31, 2017

Background

Attached for your consideration is an application from Charles Perry to serve on the Citizens Advisory Committee. This committee provides recommendations on funding of social service programs through the CDBG funds. Members serve for two 4-year terms.

The current members of the committee are:

Henry Lowe

Sarah Richard

Nedra Francis

Michael Franklin

Alice Norwood

Vacant

Vacant

Vacant

Vacant

Vacant

Mr. Perry is eligible to serve on the committee, if the City Council desires to appoint him.

Recommendation

I recommend that the City Council appoint Charles Perry to the Citizens Advisory Committee for a term ending August 8, 2021.

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Documents

MEETING AGENDA ORANGE CITY COUNCIL Orange · PDF fileORANGE CITY COUNCIL Orange Public Library Auditorium 220 N. Fifth Street ... Cheryl Zeto 8. ... TEXAS ADOPTING RULES