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06 Council Minutes April 28, 2008CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: A.genda Item No.: 5/07/08 Council Date: City Clerk Janice Ellis 6 OS/12/08 RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE~S~: Approval of Official Record of Council. BACKGROUND: Council Minutes from the meeting on April 28, 2008 BOARD~COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meeting of April 28, 2008 ACTION: BUDGET INFO: ❑ Financial Report ~ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance yTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number Fisc~. NoTES: REVIEWED AND APPROVED BY: ~ Administration ~ Ciry Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 ~ ~l I~ J ,a REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS Apri128, 2008 The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, April 28, 2008, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Kevin Gray; Stephen Brown; Will Biard; Don Wilson; and Bill Strathern, Mayor Pro Tem City Staff: Kevin Carruth, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Shawn Napier, City Engineer; Lisa Wright, Community Development Director; Karl Louis, Chief of Police; and Doug Harris, Interim Director of Utilities Absent: Council Member: Mary Ann Fisher Opening Agenda Call meeting to order. Mayor Freelen called the meeting to order at 6:00 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Strathern led the pledge. 4. Citizens Forum. Belinda Zanfardino, 3160 Mahaffey - she said she had received phone calls from citizens complaining of the new ordinances as they related to code enforcement. Pat Murphy, CR 133200 - he opposed a tax freeze for senior citizens, because of the impact it would have on industry and future generations. Ray Banks, 3450 Robin Road - he spoke in support of a tax freeze for senior citizens, because it would attract more retirees to Paris. He also asked Council to allow a vote on a bond election for , M 1i 1) 1.j 4 Regular City Council Meeting April 28, 2008 Page 2 the extension of Collegiate Drive. Consent Agenda Mayor Freelen inquired if there were any items that Council Members wanted to pull from the Consent Agenda for discussion. There were none. Council Member Biard made a Motion to approve the Consent Agenda and Council Member Brown seconded the Motion. The Council voted six (6) for and none (0) opposed to approve and adopt the Consent Agenda Items 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, and 11. 5. Deliberate and act on the approval of minutes from the meeting on April 14, 2008. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Planning and Zoning minutes from the meeting on April 7, 2008. b. Task Force on Code Enforcement minutes from the meeting on April 8, 2008. c. PEDC minutes from the meeting on March 10, 2008. d. Main Street Advisory Board minutes from the meetings on November 20, 2007, and December 18, 2007. 7. Deliberate and act on authorization for the City Manager to negotiate and execute all necessary documents on the Cox Field Fly-In and Air Show. 8. RESOLUTION NO. 2008-032: A RESOLUTION OF THE CITY COLINCIL OF THE CITY OF PARIS, TEXAS; APPROVING A PROPOSED COMPROMISE SETTLEMENT AGREEMENT WITH THE CITY OF CLARKSVILLE, TEXAS IN THE CITY'S LAWSUIT AGAINST THE CITY OF CLARKSVILLE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 9. RESOLUTION NO. 2008-033: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING THE CONTRACT FOR THE PURCHASE OF HIGH VOLUME TRICKLING FILTER MEDIA FROM JAEGER ENVIRONMENTAL, THE LOWEST RESPONSIBLE BIDDER, IN THE AMOUNT OF $72,864.00, FOR USE IN THE WASTE WATER TREATMENT PLANT BIOTOWER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. _ 5) Regular City Council Meeting Apri128, 2008 Page 3 10. RESOLUTION NO. 2008-034: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE EXECUTION OF AN EASEMENT ABANDONMENT OF A 15' BY 100' UTILITY EASEMENT LOCATED ON LOT 3, OF THE OAK CREEK BUSINESS PARK NO. 1 TO THOMAS J. WHITTEN, OWNER OF THE ADJACENT PROPERTY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 11. RESOLUTION NO. 2008-035: A RESOLUTION OF THE CITY COLTNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE EXECUTION OF AN APPLICATION FOR A TEXAS PARKS & WILDLIFE RECREATIONAL TRAILS GRANT FOR EXTENDING THE TRAIL DE PARIS.29 MILES FROM ITS WEST END AT 12T" STREET S.E. TO 8T" STREET S.E.; AUTHORIZING THE EXPENDITURE OF FUNDS; ACCEPTING SAID GRANT AWARD UPON NOTICE THEREOF; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Regular Agenda 12. Public Hearing, consider and deliberate on an Initiative Petition proposing an Ordinance adopting a new section to the existing Code of Ordinances of the City of Paris, Texas relating to establishment of a limit on taxes for qualifying individuals pursuant to Article 8, Section 1-b(h) of the Texas Constitution and Section 11.261 of the Texas Tax Code. Mayor Freelen asked City Clerk Janice Ellis to read the proposed ordinance. Ms. Ellis read the proposed ordinance in its entirety as set out in Exhibit "A" attached hereto and incorporated herein by reference. Mayor Freelen asked City Attorney Kent McIlyar to brief the Council on this subject. Mr. McIlyar stated the tax freeze petition was submitted to the City Clerk on March 18, 2008, and that the petition was certified to City Council on April 14, 2008, as being sufficient in accordance with the City Charter. Pursuant to the requirements in the Charter, he advised Council they had sixty days to consider and take action on the proposed ordinance. Mr. McIlyar explained their options as being to either accept the petition ordinance as presented; rej ect the ordinance as presented by the petitioners and allow it to go to a vote in November 2008; or adopt their own ordinance in accordance with state law. Mr. McIlyar added that if Council did not adopt the petition ordinance as written, the issue would go forward to the November 2008 election. Mr. McIlyar told Council that in his opinion that the tax freeze ordinance as submitted did not comply with state law. He stated that the ordinance that was submitted included only three clauses and omitted significant portions of Section 11.261 of the Texas Tax Code. Mr. McIlyar expressed concern about information that was omitted as outlined in state law. In addition, he stated portions of the proposed ordinance conflicted with state law. Mr. McIlyar said the most significant conflict Regular City Council Meeting Apri128, 2008 Page 4 dealt with subsection A of the proposed ordinance with regard to the method of calculating the effective date of the tax freeze. He said key language from the state tax code was omitted, which would have clarified the year that the tax freeze was to be implemented. The omitted language was from Section 11.261(b) of the Texas Tax Code. Mr. McIlyar explained that without this language you could have a 70 year old resident who had lived in their house for ten or twenty years, and five years ago applied for a residence homestead. Under petitioner's proposed ordinance, the tax appraisal district and city would have to go back five years to determine what the tax value and tax rate on the property was at the time the residence homestead owner turned 65. He further said that the City Council had brought the tax rate down at least thirteen and one-half cents since 2003. Mr. McIlyar said this ordinance could create a higher tax ceiling for the property owner than if they had established the tax freeze for 2008, which is the way the state statute is set up. In addition, Mr. McIlyar said there were other other important sections omitted from the petition ordinance which were required by state law, such as taxation affecting additions to property (Section 11.261 (c) of the Texas Tax Code)and how the Lamar County Appraisal District would handle the tax ceiling when an older spouse passes away (Section 11.261(i) of the Texas Tax Code). Mr. McIlyar referred to the spreadsheet prepared by Gene Anderson reflecting the difference between imposing a ceiling based upon 2003 tax values and imposing a ceiling based upon 2007 tax values in the City of Paris. The spreadsheet compared taxes paid by residential owners in 2003 versus what they paid in 2007. Based on the city's tax rate at .69 1/2 cents in 2003 and the city's tax rate at .56 cents in 2007, an owner of a residence would have paid less taxes in 2007 to the City. Mr. McIlyar told the Council that the City Charter did not allow for Council to make any corrections or amendments to a petition ordinance that was submitted through an initiative process. He informed Council they did have the right to develop their own tax limit ordinance in whatever time period they chose to do so. Mr. McIlyar emphasized there would still be an election on this petition in November of 2008. He said if the ordinance was adopted as written, it would be difficult to administer and someone over the age of 65 years may challenge the validity of it, because it does not comply with the state law. Council Member Strathern inquired why Council would adopt this ordinance since it had problems. Kent McIlyar said he was recommending Council not adopt the ordinance. Council Member Strathern wanted to know what would happen if they rejected the petition, it went to a vote and passed in the written form. Mr. McIlyar said his opinion was it would leave the City with a challenge if the voters adopt the ordinance as written in the petition. Mr. McIlyar went on to say the citizens over 65 years of age who were adversely affected could challenge it. Council Member Strathern inquired if the county had implemented a tax freeze for those persons over 65 years of age and disabled. Kent McIlyar said he did not have that information, but would get it for Council. Council Member Wilson said it was his understanding that the County had a$10,000.00 deduction and the City had a$20,000.00 tax break for persons over 65 years of age and disabled persons. Council Member Wilson said several years ago when the tax freeze issue came up, Regular City Council Meeting Apri128, 2008 Page 5 Council gave an additional $10,000.00 deduction to persons over 65 years of age and disabled persons instead of initiating a tax freeze. He said the $20,000.00 would affect everyone equally and some living in smaller houses would be completely exempt. Council Member Strathern said if the vote has to happen, they could have a major problem no matter which way it goes. Kent McIlyar said that a different petition committee could bring forth a competing tax freeze ordinance that could also go to the ballot in November, and the voters could vote for the ordinance they deemed best. Mr. McIlyar reiterated in the alternative, that Council could adopt their own ordinance in conformance with state law. He said if Council adopted their own ordinance, he would suggest conducting public education between now and the November election, and hopefully the voters would not pass an ordinance that was not in conformance with state law. Kevin Carruth expressed concern if they adopted their own ordinance and should the proposed ordinance set out in the petition pass, then it would supersede the adopted one. Council Member Wilson said it was beyond their control. Council Member Biard stated he wanted Kent McIlyar to draft a proposed ordinance and present it to Council at some point in the future. Mayor Freelen opened the discussion far public hearing. Belinda Zanfardino, 3160 Mahaffey, said she signed the petition and she did not know that it conflicted with state law. Also, speaking was David Nabors, 1822 E. Polk, who stated he did not defend nor promote the petition. He also said he thought the Council should propose their own ordinance and educate the public about the proposed ordinance contained in the initiative petition. Council Member Wilson said two years ago Council discussed this subject and received input from the citizens. He went on to say that Gene Anderson had discussed with Council the impact that a tax freeze would have on the city operating budget. Council elected not to pass a tax freeze at that time, but passed an ordinance for an additional $10,000.00 tax exemption on residence homestead for persons over 65 and disabled persons. Council Member Wilson asked Kent McIlyar had he informed the Council or the public at the time the petition was filed that the petition was not compliant with state law, if it would have changed the process. Mr. McIlyar said it would not have changed the process. Kent McIlyar said his duty was to advise the Council and help them to develop ordinances that were correct and compliant with the Texas Constitution and other state law. Council directed staff to place the proposed ordinance as written in the initiative petition on the May 12`h agenda for an action item. Council also directed staff to draft a proposed ordinance for their consideration to be placed on a future agenda. 13. Deliberate and act on nominations of a non-Paris resident and a representative of Lamar County Water Supply to serve on the Lake Pat Mayse Study Committee. Mayor Freelen announced that the Commissioners' Court had appointed Ray Ball as their representative. He also sought the Council's approval to appoint Bob Campbell to the Committee as the representative for Lamar County Water Supply, because Reeves Hayter was serving on the ~ ~J{i!J~j Regular City Council Meeting Apri128, 2008 Page 6 Committee in two different positions. A Motion to appoint Ray Ball as the Lamar County representative and Bob Campbell as the Lamar County Water Supply representative was made by Council Member Strathern and seconded by Council Member Gray. Motion carried, 6 ayes - 0 nays. 14. RESOLUTION NO. 2008-036: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PARIS AND MAINSTREET ARCHITECTS, 1NC. FOR A CONDITIONS ASSESSMENT ON THE GRAND THEATRE IN PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Lisa Wright told the Council that the Downtown Merchants Association had been actively seeking to raise funds to restore the exterior of the Grand Theatre in order to improve the appearance for the gateway to the downtown from the east. Ms. Wright further stated the Historic Preservation Commission will fund the study to determine structural integrity of the front facade, restoration accuracy of any proposed renovations, and phasing plan to ensure continuation of a complete future restoration project for the entire building. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. 15. Deliberate on appointments to various boards, commissions, and committees. Council discussed the new policies and procedures they adopted February 11, 2008. Mayor Freelen stated in the past the entire Council wasn't afforded the opportunity to select members and that was the reason for the changes in the policies and procedures. Council Member Strathern inquired about the effective date. Kevin Carruth said April 1 ` would be the anniversary date. Council did not take action on the appointments, but scheduled an action item to be placed on the May 12`h agenda. 16. Deliberate and act on options regarding constructions of Collegiate Drive from Jefferson Road to Loop 286. City Manager Kevin Carruth told Council that the City and PISD staff had met with TxDOT and Representative Homer to seek fund options. Mr. Carruth said that TxDOT would not participate on construction of the roadway, but would assist with reconstruction of the two intersections with Jefferson Road. He also told Council a law went into effect a couple of years ago that prohibited the school district from spending any district resources on improvements that are not owned by the district. Mr. Carruth said the cost for arterial level, 60' road was $1.6 million dollars and the cost estimate for collector level, 39' was $1.3 million dollars. ~ ~ Regular City Council Meeting Apri128, 2008 Page 7 Mayor Freelen wanted to know how much more this project would cost should it be postponed. Shawn Napier said they usually estimate an additiona12.9% as inflation, but that could change depending on the rising cost of materials and fuel surcharge fees. Council Member Wilson inquired about the cost without curb and gutter. Council Member Brown did not like that ideal, because it was a school zone. Mayor Freelen said that Collegiate Drive needed to finished out. Council Member Brown said it would benefit the entire City, as well as Paris Independent School District. Council Member Strathern asked Superintendent Paul Trull what PISD what they would do without the road. Mr. Trull said they would have to use the parking lot. Council Member Biard inquired about dedicating an easement to the schooL Mr. Trull said PISD would know more about their money situation in the next three to four weeks. Council discussed the possibility of having a bond election. Council Member Wilson said staff needs to get comfortable with what has been designed and prepare a needs assessment. Mr. Wilson said the bond money should be spent for only what is designated. A Motion to direct staff to prepare the necessary documents to pursue a general obligation bond for the November ballot was made by Council Member Brown and seconded by Council Member Wilson. Motion carried, 5 ayes - 1 nay, with Council Member Strathern casting the dissenting vote. 17. Deliberate on presentation of Casa Bonita Apartments. Lisa Wright explained upon receipt of the environmental requirements, the demolition packets were modified. Ms. Wright went on to say staff was not proposing that bids be opened until a month after publication. She said the changes would allow for the process to be done properly and give bidders the opportunity to submit more accurate bids. 18. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Kevin Carruth informed Council of the upcoming TML Region 15 quarterly meeting in Gladewater on May 5`" at 6:30 p.m. He also informed them of the dedication of Rural Life Museum on May 13`h at noon. 19. Deliberate on possible future agenda items. Mayor Freelen scheduled a work session for City Council to meet with the Task Force on Code Enforcement for Tuesday, May 6, 1008, at 5:00 p.m. He said the purpose was to discuss the revisions to the ordinance regulating billboards, off-premises signs and temporary signs. 20. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Strathern = 0 fj1U Regular City Council Meeting April 28, 2008 Page 8 and seconded by Council Member Biard. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 8:40 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK WE, the undersigned COMNIITTEE OF THE PETITIONERS, are electors and proponents of an INITIATIVE to ADOPT the ordinance hereinafter set farth to the City of P -is: CO T F TITIONERS: ERIC S. CLIFFORD 3065 Oak,/Creek Drive, Paris, Texas 75462 L UI E MOSEL 3915 Shannon Drive, Paris, Texas 462 WANDA COMI'TON 336Q E. Hous n, Texas 75460 \J~►su~l CHARLES COMP ON ROBERT MOSELEY 3915 Shannon Dri , s, Texas 75460 ~ NLJEL ED D LL, . 961 West Sherman, Paris, Texas 75460 11-~ 1 ~ ~ L)V"J~- 0 PAULA TURPIN 901 NE 14t' Street, Paris, Teaas 75460 e NNIE TURPIN 3360 E. Houston, Paris, Texas 75460 901 NE 14' Street, Paris, Texqs 75460 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ADOPTING A NEW SECTION TO THE EXISTING CODE OF ORDINANCES OF THE CITY OF PARIS, PARIS, TEXAS RELATING TO ESTABLISHMENT OF A LIMIT ON TAXES FOR QUALIFYING INDIVIDUALS PURSUANT TO ARTICLE 8, SECTION 1-b(h) OF THE TEXAS CONSTTTUTION AND TEXAS TAX CODE SECTION 11.261; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES, NIINUTE ORDERS OR RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, effective January l, 2004, a new amendment to the Texas Constitution allows a city to 1'unit property taxes for homeowners who are either disabled or age 65 or older (see Texas Constitution Article 8, Section 1-b(h)); and WHEREAS, new Section 11.261 of the Texas Tax Code implements the Constitutional amendment to provide for the property "tax limit" or "tax ceiling" for homeowners who are disabled or age 65 or older; and WHEREAS, the citizens of Paris filed a petition with the City Council of the City of Paris requesting the adoption of this ordinance; asserting that this ordinance would be in the best interest of the citizens of Paris; and requiring a vote of the citizens of Paris, Texas for the EXHIBIT "A" 01i121 ordinance and other provisions as set forth herein; the petition contains the signatures of qualified voters of the City of Paris equal in number to at least 25 percent of the number of votes cast in the cumulative seven districts in the last contested general election for each district; and NOW, THEREFORE; BE IT ORDAINED BY TI-IE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are found to be true and correct and are hereby in all things approved. Section 2. That the following article is hereby adopted by City of Paris, Paris, Texas with such provision to become a part of the existing Code of Ordinances of the City of Paris, Paris, Texas providing as follows: Taz Limit for Persons Aged 65 and Older or Disabled A. Except as otherwise provided by law, the City may not increase the total amount of ad valarem taxes the City imposes on the residence homestead of a p~rson who is disabled or who is sixty five (65) years of age or older above the amount of taxes that the City imposed on the residence in the first tax year in which the individual qualified that residence homestead for either the homestead exemption for disabled persons (Tax Code Section 11.13(c)) or the homestead exemption for persons 65 yeazs of age or older. B. For Individuals who are disabled or are 65 years of age or older and who have established a residence homestead in the City for tax year 2008, this Section is effective for tax year 2008. For all other individuals, this Section is effective in the first tax year after 2008 in which the individual qualifies as a residence for either the homestead exemption for disabled persons (Tax Code 11.13(c)) or the homestead exemption for persons 65 years of age or older. C. The provisions of this Section shall be administered in conformance with Texas Constitution Article VIII, Section 1-b(h) and Texas Tax Code Section 11261, as the same may be amended from time to time. Section 3. That it is hereby declared to be the intention of the City Council of the City of Paris that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, and such remaining provisions shall remain in full force and efFect. U1iD Section 4. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 5. That this ordinance shall be effective from and after its date of passage or upon the date of the election at which it is adopted whichever first occurs. PASSED AND ADOPTED this day of , 2008. JESSE FREELEN, MAYOR ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: KENT MCII,YAR, City Attorney I ) 11 'sI