MEETING AGENDA ORANGE CITY COUNCIL Orange Public …Mar 28, 2017 · the City of Orange. 65 Staff:...

City Council Meeting, March 28, 2017City of Orange, Texas

MEETING AGENDA

ORANGE CITY COUNCILOrange Public Library Auditorium

220 N. Fifth StreetOrange, Texas

March 28, 20175:30 p.m.

1. CALL TO ORDER Mayor

2. INVOCATION and PLEDGE OF ALLEGIANCE Council Member Guidry

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) November 15, 2016 Joint Meeting of the Planning and ZoningCommission and the City Council 4 Mayor/Council

b) March 14, 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.

Page 1 of 73


6. ORDINANCES

a) Final Reading:

Consider an ordinance of the City Council of the City of Orange,Texas adopting rules for the Zoning Board of Adjustment(“BOA”), repealing all ordinances in conflict to the extent of anyconflict, providing for a severability clause, and establishing aneffective date. (First Reading March 14, 2017) 12 Staff: Knauf

7. RESOLUTIONS

a) Consider a resolution of the City Council of the City of Orange,Texas denying a preliminary plat submitted by Sam Peveto forthe Cypress Shadows II Subdivision. 18 Staff: Knauf

b) Consider a resolution awarding a contract for disaster relatedcatering services for City employees and approved supportpersonnel to Old Orange Café in the amount of $45.00 perperson per day. 38 Staff: Brown

c) Consider a resolution authorizing the City Manager to executea Memorandum of Understanding with Lamar State CollegeOrange (LSCO) for disaster related use of LSCO facilities as anarea of debarkation for evacuation purposes in the City ofOrange. 46 Staff: Brown

d) Consider a resolution authorizing the City Manager to executea Memorandum of Understanding with Little CypressMauriceville Consolidated Independent School District(LCMCISD) for disaster related use of LCMCISD buses forevacuation or LCMCISD facilities for the sole purpose of adisaster related event in the City of Orange. 50 Staff: Brown

e) Consider a resolution authorizing the City Manager to enter intoan agreement with Mr. Greg Wobbe with MPTX and Associatesto provide flood mitigation consultant services pertaining to realproperty located at 3809 Huntwick, Orange, Texas 77632. 54 Staff: Brown

8. DISCUSSION/ACTION

a) Consider a motion acknowledging receipt of the ComprehensiveAnnual Financial Report for the Fiscal Year ending September30, 2016, receipt of the Federal Single Audit Reports for theFiscal Year ending September 30, 2016 and receipt of the FinalCommunication with Governance from Charles E. Reed andAssociates, P.C., as required by Section 3.14 of the Charter ofthe City of Orange. 65 Staff: Cheryl Zeto

b) Consider a motion approving an Agreement between the StarkFoundation and the City of Orange for the lease of Stark Parkfor Art in the Park 2017, which is scheduled for Saturday, April8, 2017, during the hours of 9 a.m. - 4 p.m. 66 Staff: Trahan

Page 2 of 73


9. REPORTS

a) City Manager Report

b) City Council Report

10. 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

Page 3 of 73

of 3

PLANNING AND ZONING MEETING MINUTES

Tuesday, November 15, 2016

The Orange Planning and Zoning Commission and the City Council met for a joint session onTuesday, November 15, 2016, in the meeting room of the Orange Public Library with the followingmembers present to-wit:

Commissioners Present:Cullin Smith . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ChairmanJoe Love . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vice ChairmanJim Pledger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CommissionerMaquettia Ledet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commissioner

Commissioners Absent:Michael Smith . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commissioner

City Council Members Present:Patrick Pullen

Staff Present:Jay Trahan, Assistant City Manager & Director of Economic DevelopmentKelvin Knauf, Director of Planning & Community DevelopmentJennifer Krummel, Planning Secretary

Chairman Smith called the P & Z meeting to order at 3:00 p.m.

PUBLIC HEARINGS

a. Case No. 16:10. Conduct a joint public hearing on a request by Lester Sanford.Trustee for Sandra Costello to rezone from “C-1" Light Commercial Zoning District to “C-2" Commercial Zoning District as provided in the Land Use Matrix on two parcels ofproperty located at 1709 Lutcher Drive (ABST. 171 J. M. SPAULDING 121.26X152.185AV TR 002C) and 1801 Lutcher Drive (ABST. 171 J. M. SPAULDING 216.120X171.470AV TR 002C)

Mr. Kelvin Knauf stated that this is two lots, which are currently zoned “C-1" and thatModica Brothers, who own the corner lot is zoned “C-2",. They would like to buy theseproperties, expand their business and use this for parking. In order to do this, theseproperties must be zoned as “C-2". Mr. Knauf introduced Mr. J.C. Modica.

of 73

of 3

J. C. Modica - 3201 16th Street, Orange, Texas Mr. Modica stated that he has not had any problems with the neighbors, and theselots need to be rezoned to “C-2" in order for him to buy the property and do thethings they do. He stated that they have run out of space and he is asking to changethe lots to “C-2". Mr. Modica would need to redo the wooden fence.

Chairman Smith stated he would recuse himself from voting since he owns the titlecompany which is doing the title work for this tract.

Commissioner Pledger asked if there was any access to Lincoln Drive from theseproperties. Mr. Modica stated not that he knew and he does not want access toLincoln Drive. Commissioner Pledger asked if he would put a fence around thewhole piece of property. Mr. Modica said he would redo the whole fence around theneighborhood.

Councilman Patrick A. Pullen - 513 Crepe Myrtle, Orange TexasCouncilman Pullen asked what did Mr. Modica to be more specific about redoing thefence. Mr. Modica stated that the current fence looks rotten and he would like to fixit where it is now, and come around so you can not see the neighborhood and homes,so as not to disturb the neighborhood.

Commissioner Ledet asked Mr. Modica if he has spoken with any of the residents.Mr. Modica stated he has, and he is not aware of any problems since they have beenin that location.

Ms. Sonya Leblanc - 1801 Lincoln Drive, Orange, TexasMs. Leblanc stated she is for this, because of the parking. She stated that whencoming off of Lincoln Drive looking out on 16th Street, you can not see the oncomingtraffic. She stated that one has to pull a car out past the stop sign to see if any cars arecoming and that the extra parking lot would alleviate this problem. She also statedthe school bus and children are there.

Chairman Smith asked for any comments. No comments were made.

Chairman Smith closed the public hearing at 3:08 p.m.

Approval of Minutes

Chairman Smith made a request for approval of the minutes for September 29, 2016meeting to be approved.

of 73

of 3

Commissioner Pledger motionedCommissioner Ledet 2nd

Vote: 4 - 0 Motion Carried

DISCUSSION/ACTION ITEMS

a. Case No. 16:10. Conduct a joint public hearing on a request by Lester Sanford.Trustee for Sandra Costello to rezone from “C-1" Light Commercial Zoning District to “C-2"Commercial Zoning District as provided in the Land Use Matrix on two parcels of propertylocated at 1709 Lutcher Drive (ABST. 171 J. M. SPAULDING 121.26X152.185 AV TR002C) and 1801 Lutcher Drive (ABST. 171 J. M. SPAULDING 216.120X171.470 AV TR002C)

Chairman Smith asked for a motion. Commissioner Pledger motionedCommissioner Ledet 2nd

Vote: 3 - 0 (Chairman Smith recused himself from voting) Approved

Chairman Smith asked for any other discussion.No comments were made.

Chairman Smith adjourned the meetingMeeting adjourned at 3:09 p.m.

of 73

STATE OF TEXAS }March 14, 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, March 14, 2017.

COUNCIL MEMBERS PRESENT: Larry Spears Jr. Mayor Pro TemPatrick A. Pullen Council MemberEssie Bellfield Council MemberAnnette Pernell Council Member (arrived

at 9:20 AM)Bill Mello Council Member

COUNCIL MEMBERS ABSENT: Jimmy Sims MayorDr. Wayne Guidry Council Member

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

Director of Economic Development

Patricia Anderson City SecretaryWade Robinson Police MajorDavid Frenzel Fire ChiefCheryl 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 DirectorHillary Haynes S o c i a l M e d i a

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

STAFF MEMBERS ABSENT: Lane Martin Chief of PoliceJennifer Krummel Deputy City Secretary

Mayor Pro Tem Spears called the meeting to order at 9:00 AM.

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

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

of 73

Regular Meeting 2 March 14, 2017

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

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

APPROVAL OF MINUTES

Council Member Pullen moved to approve the minutes of the February 28, 2017 Orange City CouncilMeeting. Second to the motion was made by Council Member Bellfield which carried unanimously.

CITIZEN COMMENTS

Ms. Haynes invited the citizens to the Music Fest Downtown Orange on Saturday, March 25, 2017,from 1:00 PM until 9:00 PM at the Orange Riverfront Pavilion.

Mr. Trahan briefed Council on a new social media program the City will be implementing. The City’sFacebook Page will highlight a business each Tuesday and Thursday.

PROCLAMATION

A Proclamation observing American Red Cross Month was accepted by Chester Jourdan, LarryDavid, Ida Schossow and John Gothia.

PUBLIC HEARING

CONDUCT A PUBLIC HEARING ON THE RE-ADOPTION OF THE JUVENILE CURFEWORDINANCE.

The public hearing began at 9:13 AM.

There were no citizen comments.

The public hearing ended at 9:14 AM.

ORDINANCES

FINAL READING:

CONSIDER AN ORDINANCE RE-ADOPTING ARTICLE 7.1400: CURFEW FOR MINORS;PROVIDING CURFEW HOURS FOR MINORS; PROVIDING FOR OFFENSES AND DEFENSES;PROVIDING FOR A PENALTY FOR VIOLATION OF THE ORDINANCE BY MINORS, THEIRPARENTS OR GUARDIANS, AND OWNERS, OPERATORS AND EMPLOYEES OF

of 73


ESTABLISHMENTS OF A FINE NOT TO EXCEED $500.00; PROVIDING FOR SEVERABILITY,PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ENFORCEMENT AS REQUIREDBY TEXAS LOCAL GOVERNMENT CODE SECTION 370.002. (FIRST READING FEBRUARY 28,2017)

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

A copy of this ordinance is being made a part of these minutes as Ordinance Number 2017-8.

FIRST READING:

CONSIDER AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXASADOPTING RULES FOR THE ZONING BOARD OF ADJUSTMENT (“BOA”), REPEALING ALLORDINANCES IN CONFLICT TO THE EXTENT OF ANY CONFLICT, PROVIDING FOR ASEVERABILITY CLAUSE, AND ESTABLISHING AN EFFECTIVE DATE.

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

RESOLUTIONS

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OFUNDERSTANDING WITH SAINT FRANCIS ASSISI CATHOLIC CHURCH FOR THE DISASTER RELATEDUSE OF THE FACILITY LOCATED AT 4300 MEEKS DRIVE, ORANGE, TEXAS 77632.

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

A copy of this resolution is being made a part of these minutes as Resolution Number 2017-11.

Council Member Pernell arrived at the meeting.

RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCALAGREEMENT BETWEEN THE CITY OF ORANGE, TEXAS, AND THE ORANGE COUNTYEMERGENCY SERVICE DISTRICT #1, ORANGE COUNTY EMERGENCY SERVICE DISTRICT#2, ORANGE COUNTY RURAL FIRE PREVENTION DISTRICT #3, ORANGE COUNTYEMERGENCY SERVICE DISTRICT #4, COUNTY OF ORANGE, CITY OF ROSE CITY, CITY OFWEST ORANGE ON BEHALF OF ITS FIRE DEPARTMENT AND POLICE DEPARTMENT, VIDORINDEPENDENT SCHOOL DISTRICT, CITY OF VIDOR ON BEHALF OF ITS POLICEDEPARTMENT, CITY OF BRIDGE CITY ON BEHALF OF ITS POLICE DEPARTMENT, BRIDGECITY INDEPENDENT SCHOOL DISTRICT, AND THE CITY OF PINEHURST ON BEHALF OF ITSPOLICE DEPARTMENT AND FIRE DEPARTMENT FOR RADIO SUBSCRIBER SERVICE.

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

of 73



RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCALAGREEMENT BETWEEN THE CITY OF ORANGE, TEXAS, AND THE NELDA C. AND H.J.LUTCHER STARK FOUNDATION FOR RADIO SUBSCRIBER SERVICE.

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


DISCUSSION/ACTION

MOTION APPROVING THE ORANGE CHAMBER OF COMMERCE HOTEL OCCUPANCY TAXFUNDING REQUEST IN THE AMOUNT OF $1,903.26 FOR PORTABLE TOILETS, A TENTRENTAL, AND OVERNIGHT SECURITY IN SUPPORT OF THE HIGH SCHOOL FISHINGTOURNAMENT SCHEDULED FOR SATURDAY, APRIL 8, 2017 AT THE CITY OF ORANGE BOATRAMP.

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

MOTION DECLARING EQUIPMENT (1998 FORD F-150, 2003 FORD F-150, 1995 CHEVY 3500,1999 FORD F-150, 2005 FORD RANGER, OLD 6" PUMP, 10' X 12' PORTABLE BUILDING, OLDWEIGHT EQUIPMENT, 2005 AIR COMPRESSOR, TWO (2) 2013 FORD TAURUS AS SURPLUSAND AUTHORIZING DISPOSAL BY AUCTION THROUGH RENE’ BATES AUCTIONEER, INC.

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

MOTION APPOINTING WILLIAM BROWN CLAYBAR TO THE CIVIL SERVICE COMMISSION FORA TERM ENDING MARCH 14, 2020.

After discussion regarding the function of the Civil Service Commission, the posting of Boardopenings and the lack of citizens interested in serving on City Boards and Commissions, CouncilMember Pullen moved to approve the motion. Second to the motion was made by Council MemberMello which followed with the following vote:

COUNCIL MEMBERS VOTING AYE: Council Member Pullen and Council MemberMello

COUNCIL MEMBERS VOTING NO: Mayor Pro Tem Spears, Council MemberBellfield and Council Member Pernell

CITY MANAGER REPORT

Dr. Oubre advised that a Joint Meeting of the Planning and Zoning Commission and the City Council

of 73


will be held Monday, March 20, 2017 at 5:30 PM.

CITY COUNCIL REPORT

Council Member Pullen encouraged citizens to attend the High School Fishing Tournament. Hethanked Mr. Zeto for his hard work on the radio system.

Council Member Bellfield thanked Mayor Pro Tem Spears for conducting the Council Meeting today.She thanked the City for the new landscaping job at the Orange Community Center.

Council Member Mello advised the High School Fishing Tournament is a good investment for theCity.

Mayor Pro Tem Spears thanked Ms. Schossow and the Orange Area Chamber of Commerce fortheir hard work on Golden Triangle Days in Austin.

ADJOURNMENT

There being no further business before the Council, Council Member Bellfield moved to adjourn themeeting. Second to the motion was made by Council Member Pernell which carried unanimously.

The meeting adjourned at 9:50 AM.

Larry Spears, Mayor Pro Tem

ATTEST:

Patricia Anderson, City Secretary

of 73

MEMORANDUM

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

From: Kelvin Knauf, Director of Planning and Community Development

Subject: Consider an ordinance establishing rules of procedure for the Zoning Board of Adjustment

Date: March 14, 2017

Background

On January 24, 2017 the City Council passed Ordinance 2017-3 that revised the Zoning Board of Adjustment. Part of that ordinance states “The Zoning Board of Adjustment shall, subject to the approval of the City Council, make such rules and regulations and adopt such bylaws for its own government and for persons appearing before such body, as it may deem proper.” The ordinance further provides that the City Council approve the rules of procedure.

On February 21, 2017 the Zoning Board of Adjustment considered rules of procedure for the BOA. After reviewing draft rules submitted by staff, the Board of Adjustment voted unanimously 4-0 to approve the rules as submitted.

Attached for your consideration are the rules of procedure adopted by the Zoning Board of Adjustment. Many of these procedures the Board did previously; they had just never been written down and adopted.

The City Council adopted this ordinance on first reading on March 14, 2017.

Recommendation

I recommend that the City Council adopt an ordinance on first reading approving the rules of procedure for the Zoning Board of Adjustment.

of 73

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS ADOPTING RULES FOR THE ZONING BOARD OF ADJUSTMENT (“BOA”), REPEALING ALL ORDINANCES IN CONFLICT TO THE EXTENT OF ANY CONFLICT, PROVIDING FOR A SEVERABILITY CLAUSE, AND ESTABLISHING AN EFFECTIVE DATE

WHEREAS, on January 24, 2017 the City Council adopted Ordinance 2017-3 that included a requirement that the Zoning Board of Adjustment (“BOA”) make such rules and regulations and adopt such bylaws for its own government and for persons appearing before such body, as it may deem proper; and

WHEREAS, on February 21, 2017 the BOA adopted such rules of procedure; and

WHEREAS, Ordinance 2017-3 requires the City Council to approve the rules of procedure for the BOA; now, therefore

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

Section 1. That the Zoning Board of Adjustment 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 be repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.

Section 3. That it is expressly ordained that if any section or subsection, clause, sentence or paragraph of the ordinance shall be found to be illegal, invalid, or void by any court of competent jurisdiction, then such findings shall not affect the remaining portions of this ordinance, but the same shall be valid and in effect, it being the expressed intention of the City Council of the City of Orange, Texas to pass each and every sentence, clause, paragraph or section individually.

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

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

PASSED AND APPROVED on first reading this the 14th day of March, 2017.

PASSED, APPROVED AND ADOPTED on second reading this the 28th day of March, 2017.

Jimmy Sims, Mayor

ATTEST:

Patricia Anderson, City Secretary

APPROVED AS TO FORM:

City Attorney

of 73

Exhibit A

City of Orange Zoning Board of Adjustment

Rules of Procedure 1. Authority

A. Authority to adopt rules. Section 12.302(e) of the Code of Ordinances provides that the Board shall, subject to the approval of the city council, make such rules and regulations and adopt such bylaws for its own government and for persons appearing before such body, as it may deem proper. These rules are intended to supplement and not replace relevant sections of State law or the Code of Ordinances.

2. General Rules

A. Meetings to be public. The Board shall comply with the Texas Open Meetings Act. Every regular, special, or called meeting of the Board shall be open to the public. Meetings need not be open to the public when the Board is consulting with its attorney.

B. Quorum. Four regular and/or alternate members of the Board shall constitute a quorum. The regular members and any alternate members will be notified and will be expected to attend each Board meeting whenever possible. In the event fewer than four (4) regular members are present at the meeting and alternate members are available, the Chair shall designate the alternate member(s) to take a place on the dais and vote on all items on the agenda.

C. Minutes of the Meeting. Accurate minutes of all proceedings of the Board shall be kept by the Director of Planning and Community Development or his/her designee. Board minutes shall be reviewed and voted on by members who were in attendance at that particular meeting. The Chair will announce when the minutes are approved.

D. Right of Floor. Any regular or alternate member seated on the dais 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 vote of 75% of the entire Board and upon approval by the City Council.

3. Officers and Duties

A. Chair. The Chair is elected by the regular Board members in attendance at the meeting. The Chair shall preside at all meetings of the Board where he/she is present.

B. Vice-Chair. The Board shall elect from its own membership a Vice-Chair. 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.

C. Call to Order. The presiding member shall call the meeting to order. The meeting shall not begin before the posted time on the agenda.

D. 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.

of 73

Exhibit A

E. Attendance. Regular and alternate members are subject to the attendance requirement contained in the Code of Ordinances.1

F. Decorum. Board 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. Board members shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the Board. City staff shall act at all times in a business and professional manner towards Board members and members of the public. Noise emanating from the audience within the meeting room which disrupts Board meetings shall not be permitted.

G. Endorsements. It is inappropriate to mention endorsements of political candidates, political causes, special enterprises or commercial enterprises during Board 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, by topic or case, of subjects to be considered by the Board 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 office 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 the motion must be seconded. 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.2

3. If no second is made to a motion, then the motion is dead 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.

B. General. Prior to any application for a hearing, appeal or other action before the Board, the applicant must have first made an application to the Board and paid any required fees. 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. Public hearing. Prior to consideration of a variance or special exception3, the Board 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.

1 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 of commission. 2 The Texas Local Government Code and the Code of Ordinances requires that 75% of the members (4 of the 5 members) must vote to approve an agenda item. 3 City Code of Ordinances Section12.402 provides specific steps for variances and special exceptions. Section 12.403 of the Code of Ordinances provides for appeals of decisions of the Board of Adjustment

of 73

Exhibit A

2. The Director of Planning and Community Development or his/her designee shall present the application and summarize the request before the Board.

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

4. The Board may ask questions of the City staff, the applicant and/or any interested party during the public hearing. Interested parties may ask questions of other interested parties during discussion of the agenda item.

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 Board shall then consider and vote on the application. The Board 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 Board member or alternate 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 Board meeting room until after the agenda item has been discussed and a possible vote taken.

D. Variance. In applications for a variance to the Zoning Ordinance, the Planning Director or his/her designee shall review the variance request and determine whether the Board has jurisdiction to hear the request as defined by the Code of Ordinances and Texas law. Should the Director or his/her designee determine the application does not meet the requirement for a variance, the applicant may appeal that administrative decision to the Board. At the hearing of that appeal, the Board shall first determine the question of its jurisdiction to accept the application. If the Board finds it has jurisdiction, it may then proceed to hear the request for the variance. Should the Board grant the variance, this motion shall state upon the record the specific findings required by the Zoning Ordinance. If the applicant is not present at the meeting, the Board will not hear the application. Decisions on granting a variance shall follow the criteria for granting a variance contained in the Code of Ordinances.

E. Special Exception. The Board has discretion to refuse or grant special exceptions. There is no precedent set by the grant or denial of a special exception. If the applicant is not present at the meeting, the Board will not hear the application.

F. Appeals of Administrative Decisions. Any person aggrieved by a determination of the administrative official may appeal to the Board by filing an application. The City Attorney may provide a legal brief to the Board in support of the administrative official’s decision. The appellant may provide a brief to the Board in support of the appeal. A brief may be provided in advance or at the beginning of the hearing. If a brief is first provided at the hearing, the Board may recess to review the brief before conducting the hearing.

of 73

Exhibit A

5. Adjournment

A. After all items on the agenda have been considered, the presiding officer may adjourn the meeting without a motion and second. The Board shall not discuss or decide any item that is not on the agenda, unless specifically allowed by Texas law.

Approved by the Board of Adjustment: February 21, 2017

Approved, Adopted and Passed by the City Council:

of 73

MEETING AGENDA ORANGE CITY COUNCIL Orange Public …Mar 28, 2017 · the City of Orange. 65 Staff:...

Documents

Transcript of MEETING AGENDA ORANGE CITY COUNCIL Orange Public …Mar 28, 2017 · the City of Orange. 65 Staff:...