05 City Council MinutesCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
5/21/08
Originating Department:
Presented By:
Agenda Item No.:
Council Date:
OS/27/08
City Clerk
Janice Ellis
5,
RECOMMENDED MOTION:
Motion to approve as presented.
POLICY ISSUE(S):
Approval of Official Record of Council.
BACKGROUND:
Council Minutes from the meetings on May 12, 2008 and May 20, 2008.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
The attached minutes from the meetings of May 12, 2008 and May 20, 2008
ACTION:
BUDGET INFO:
❑ Financial Report Z Minute Order
Expense
$
❑ Department Report ❑ Resolution
❑ P
Budgeted Amt.
$
resentation ❑ Ordinance
❑ P
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❑ O
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y'I'D Actual
$
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Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris s 0 0 1 Revised 2/04/08
REGULAR MEETING
OF THE CITY COUNCIL, CITY OF PARIS
May 12, 2008
The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, May 12,
2008, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas.
Present: Mayor: Jesse James Freelen
Council Members: MaryAnn Fisher; Kevin Gray; Stephen Brown;
Will Biard; and Don Wilson
City Staf£ 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: Bill Strathern, Mayor Pro Tem
Onening Agenda
1. 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 Wilson led the pledge.
4. Citizens Forum.
Joan Moore, 3035 Oakcreek - she expressed concern about the allegations made toward Eric
Clifford by some of the council members. She said Mr. Clifford was attempting to make sure the
citizens had a chance to vote on the water issue.
Mike Womack - he said motorcycle awareness began with training.
Don Holladay, 3935 Oleander - he recommended that the City Council not change the tax
exemption for persons over sixty-five years of age and the disabled.
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Regular City Council Meeting
May 12, 2008
Page 2
5. Introductions, announcements, and recognitions.
Kevin Carruth announced there would be a memorial service for law enforcement at the Police
Department on Thursday, May 15th between 12:15 and 12:45.
a. Proclamation declaring the month of May as Motorcycle Awareness Month.
Mayor Freelen proclaimed the month of May as Motorcycle Awareness Month and presented
the Paris Chapter of the Gypsy MC motorcycle club with the proclamation.
Consent Agenda
Mayor Freelen said that item 13 needed to be moved to the regular agenda, because it was
posted for a first reading. A Motion to move item 13 to the regular agenda was made by Council
Member Biard and seconded by Council Member Wilson. Motion carried, 6 ayes - 0 nays. Mayor
Freelen inquired if there were any other 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, 7a, 7b, 8, 9, 10, 11, 12, and
14.
6. Deliberate and act on the approval of minutes from the meeting on April 28, 2008.
7. Receive and deliberate on reports and/or minutes from the following boards, commissions,
and committees:
a. Joint City Council and City Council Task Force on Code Enforcement minutes from
the meeting on Apri122, 2008.
b. Lake Pat Mayse Study Committee minutes from the meeting on April 17, 2008.
8. Deliberate and act on the Replat of Lots 1 and 2, Block A, Sagestar Holdings LTD 318
Addition, being located in the 3000 block of Loop 286 N.E.
9. Deliberate and act on the Final Plat of Lot 1, Block A, Petco Plaza 313 Addition, being
number 3900 Lamar Avenue.
10. Deliberate and act on the Preliminary Plat and Final Plat of Lots 1 and 2, Block A, 4T
Enterprises 297 Addition, being numbers 1640 and 1660 Loop 286 N.W.
11. Deliberate and act on the Final Plat of Lot 1, Block A, Omega 306 Addition, being number
2885 Stillhouse Road.
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Regular City Council Meeting
May 12, 2008
Page 3
12. RESOLUTION NO. 2008-037: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS, AUTHORIZING THE SUBMISSION OF A HOME PROGRAM
APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY
AFFAIRS FOR HOME FUNDS; DESIGNATING THE AMOUNT OF MATCHING FUNDS
AND CASH RESERVES; 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 PROVIDING AN EFFECTIVE DATE.
14. RESOLUTION NO. 2008-038: A RESOLUTION AUTHORIZING CONTINUED
PARTICIPATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY
ONCOR; AND AUTHORIZING THE PAYMENT OF 10 CENTS PER CAPITA TO THE
STEERING COMMITTEE TO FUND REGULATORY AND RELATED ACTIVITIES
RELATED TO ONCOR ELECTRIC DELIVERY; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE
DATE.
Regular Agenda
13. FIRST READING - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, AMENDING THE EXISTING GAS FRANCHISE ORDINANCE
BETWEEN THE CITY OF PARIS, TEXAS AND ATMOS ENERGY CORPORATION TO
PROVIDE FOR A FIVE PERCENT FRANCHISE FEE; PROVIDING FOR ACCEPTANCE
BY ATMOS ENERGY CORPORATION; AND FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC
AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE.
This item was not posted for an action item.
15. ORDINANCE NO. 2008-015: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS, APPROVING AN AMENDED SITE PLAN FOR A PLANNED
DEVELOPMENT DISTRICT - COMMERCIAL CENTER (PD-al), PREVIOUSLY
ESTABLISHED BY THE ENACTMENT OF ZONING ORDINANCE NO. 2007-013, PART
OF LOT 7, CITY BLOCK 381, NOW BEING LOTS 1 AND 2, BLOCK A OF THE
SAGESTAR HOLDINGS LTD 318 ADDITION, LOCATED AT 3025 NE LOOP 286,
PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES 1N
CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
Mayor Freelen opened the public hearing and asked for anyone wishing to speak in support
of this item to please come forward. Brad Osborne of Hayter Engineering, spoke in support of this
item. Mayor Freelen asked for anyone wishing to speak in opposition of this item to please come
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Regular City Council Meeting
May 12, 2008
Page 4
forward. With no one else speaking, Mayor Freelen closed the public hearing.
Lisa Wright said the property owners had submitted a site plan to construct two hotels on the
property. She also said the site plan had been reviewed and it contained all of the minimum elements
to satisfy the City of Paris site plan requirements.
A Motion to approve this item was made by Council Member Brown and seconded by Council
Member Fisher. Motion carried, 6 ayes - 0 nays.
16. ORDINANCE NO. 2008-016: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS, APPROVING AND ADOPTING REVISIONS TO THE FUTURE
LAND USE PLAN MAP AND THE FUTURE LAND USE PLAN MAP LEGEND
EXPLANATIONS OF THE COMPREHENSIVE PLAN, MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; PROVIDiNG A REPEALER
CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Mayor Freelen opened the public hearing and asked for anyone wishing to speak in support
or in opposition of this item to please come forward. Belinda Zanfardino, 3160 Mahaffey, said in
other cities if a company or business needed to acquire a different zoning on property they could apply
for a zoning variance. Lisa Wright said the City of Paris had the same procedure, as required by state
law. With no one else speaking, Mayor Freelen closed the public hearing.
Lisa Wright stated that the City Council adopted the current Comprehensive Plan on
September 6, 2001, and that it needed to be updated. Ms. Wright said the Plan provided guidance to
the City with regard to future land use, transportation, and public facilities. She also stated that over
the past several months, the Planning and Zoning Commission had done a thorough review of the
Future Land Use Plan Map and had made recommendations to reflect actual land use changes in
various areas and provide better guidance far future land use that logically fit those land use trends.
Ms. Wright also said that the Planning and Zoning Commission approved proposed changes to the
Future Land Use Plan Map and the Future Land Use Plan Map Legend Explanations on March 3,
2008. The Commission held public hearings on April 7, 2008 and May 5, 2008 and they have
recommended that Council adopt the revisions.
A Motion to approve this item was made by Council Member Wilson and seconded by
Council Member Brown. Motion carried, 6 ayes - 0 nays.
17. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING SECTION 30-16, AND 30-31, CHAPTER 30, ARTICLE II OF THE CITY OF
PARIS CODE OF ORDINANCES; PROVIDING FOR A DECREASE IN THE AMOUNT
OF RESIDENCE HOMESTEAD EXEMPTION FOR PERSONS SIXTY-FIVE (65) YEARS
OF AGE OR OLDER AND FOR DISABLED PERSONS QUALIFYING FOR A
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May 12, 2008
Page 5
DISABILITY HOMESTEAD; REPEALING ALL ORDINANCE OR PARTS OF
ORDINANCES 1N CONFLICT HEREWITH MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTNE
DATE.
Kevin Carruth explained that this item was placed on the Agenda, because there had been
discussion for and against a residence homestead exemption based on the tax freeze initiative petition.
He said this item gave Council options if they wanted to address the initiative petition in item 18.
Mr. Carruth further explained several years ago the senior and disabled tax freeze was deliberated by
the Council and they decided to forgo the tax freeze in favor of increasing the senior tax exemption
from $17,000.00 to $20,000.00 and in addition, they implemented a new $20,000.00 exemption for
disabled persons. Mayor Freelen said that action was a benefit to everyone. Council Member Biard
said he was not in favor of repealing or reducing the exemption and that they needed to first determine
what they were going to do with the tax freeze. Council Member Wilson said Georgetown had a
sunset clause in their ordinance that allowed for the exemption to be changed if a tax freeze passed.
He said he was not recommending reducing the tax exemption, but they needed to look at the entire
economic picture. Council Member Brown stated he was not in favor of reducing or repealing the
tax exemption. Mr. Carruth said that Gene Anderson had estimated that the $20,000.00 tax
exemption cost the City nearly $250,000.00 in revenue loss.
It was a consensus that no action be taken. Kevin Carruth inquired if Council wanted staff
to bring the tax exemption item back to them for consideration, should the tax freeze item come up
again. It was a consensus of Council to do so. Council Member Biard said if it comes back, he
wanted both issues to be considered under one agenda item so they could discuss them at the same
time.
18. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS,
PROHIBITING THE AUTHORIZATION OF THE POWER TO NEGOTIATE FOR THE
SALE OF RAW WATER FROM LAKE PAT MAYSE AND/OR LAKE CROOK TO BE
TRANSPORTED BEYOND THE BOUNDARIES OF LAMAR COUNTY, TEXAS;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
PROVIDING FOR A PENALTY; PROVIDING FOR A SEVERABILITY CLAUSE;
REPEALING ALL ORDINANCE S OR PARTS OF ORDINANCES, MINUTE ORDERS
OR RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE
DATE.
Kent McIlyar reiterated three options outlined for Council at their meeting of April 28, 2008,
as follows: 1) accept the petition ordinance as presented; 2) reject the ordinance as presented by the
petitioners and allow it to go to a vote in November 2008; or 3) adopt their own ordinance in
accordance with state law. Mr. McIlyar told City Council if they did not take any action within sixty
days of the certification of the petition, that it would go to a vote in November 2008. He reminded
Council that the City Clerk certified the petition on April 14, 2008. Mayor Freelen asked Kent
Regular City Council Meeting
May 12, 2008
Page 6
McIlyar for his recommendation. Mr. McIlyar recommended that City Council not adopt the initiative
petition ordinance as submitted, because of the omissions of several important provisions and clauses
from Section 11.261 of the Tax Code. He said the omissions could make the ordinance invalid and
make it difficult to implement.
Based on the current taxable value, Gene Anderson reminded City Council that the economic
impact of the tax freeze to the City over the next ten years would be approximately 1.8 million dollars
in actual tax revenue.
Council discussed the options, and opinions varied as to whether or not to adopt the ordinance
as written and amend at a later date; whether or not to deny the ordinance; or whether or not to adopt
their own ordinance. Council Member Biard said he thought they should have discussion about
development of a plan prior to taking action on this issue. Mayor Freelen said they should include
in that discussion the $20,000.00 tax exemption, and the financial impact on the City and taxpayers.
Mayor Freelen asked Gene Anderson to provide Council with financial information reflecting
different tax exemption amounts and the financial impact of those various amounts.
A Motion to table this item was made by Council Member Biard and seconded by Council
Member Fisher. Motion carried 5 ayes - 1 nay, with Council Member Gray casting the dissenting
vote.
19. Deliberate and act on issuance of subpoenas related to an investigation regarding initiative
petitions and sworn affidavits filed March 18, 2008, pursuant to Section 34 ofthe City Charter
of the City of Paris, Texas.
Council Member Wilson said he would not request or make a motion to subpoena anyone
before the City Council. He said he had requested this agenda item, because he believed Mr. Clifford
committed perjury by swearing to false affidavits concerning the signatures of the water and tax freeze
petition. Council Member Wilson said there were several people on Mr. Clifford's list who reported
that he did not present the petition to them, did not witness their signature nor was he present in the
building when they signed the petition. He said he had verified the allegations with people that he
knew personally, and confirmed that the reports were true. Council Member Wilson said that Section
102 of the Paris City Charter required that the circulator witness the signatures. Council Member
Wilson said he wanted this matter investigated by a police agency or the appropriate agency.
A Motion to investigate the allegations surrounding the petition process was made by Council
Member Wilson and seconded by Council Member Brown. Motion failed due to lack of a majority
vote, 3 ayes - 3 nays, with Council Members Fisher, Gray and Biard casting the dissenting votes.
20. RESOLUTION NO. 2008-039: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE OF AN
IRREVOCABLE STANDBY LETTER OF CREDIT TO THE OFFICE OF RURAL
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Regular City Council Meeting
May 12, 2008
Page 7
COMMUNITY AFFAIRS (ORCA); MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE.
Lisa Wright said the City awarded an HIF grant on September 10, 1999, to construct
infrastructure for Eastgate Subdivision and the developer failed to meet minimum occupancy
ownership residents of houses constructed, prompting ORCA to demand reimbursement of all grant
funds by the City. Ms. Wright said ORCA had granted permission to attempt alternative actions to
avoid reimbursement by either re-surveying property owners to determine if there were three more
property owners who met the low-moderate income level, or by attempting to purchase rental homes
and re-sell to qualified buyers. Ms. Wright stated that a letter of credit was required by ORCA during
the period which the City was exploring the alternative actions. She also said if the alternatives were
not successful, the City would have to enter into repayment terms which would require a letter of
credit. Council Member Wilson inquired if a demand letter had been sent to developer Dan Algier
and Kent McIlyar answered in the affirmative.
A Motion to approve this item was made by Council Member Biard and seconded by Council
Member Fisher. Motion carried, 6 ayes - 0 nays.
21. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPOINTING MEMBERS TO VARIOUS ACTIVE CITY OF PARIS BOARDS AND
COMMISSIONS IN ACCORDANCE WITH THE NEW POLICIES AND PROCEDURES
FOR STANDING BOARDS, COMMISSIONS AND COMMITTEES; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN
EFFECTIVE DATE.
Mayor Freelen inquired of Council when they wanted to make the appointments. Council
Member Fisher suggested they let the next Council make the appointments. A Motion to make the
appointments at the second meeting in June was made by Council Member Fisher and seconded by
Council Member Wilson. Motion carried, 6 ayes - 0 nays.
22. Deliberate on possible future agenda items.
Kevin Carruth reminded Council that the votes would be canvassed at a special meeting on
Tuesday, May 20" at 5:00 p.m.
23. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member Fisher
and seconded by Council Member Biard. Motion carried, 6 ayes - 0 nays. The meeting was
adjourned at 8:00 p.m.
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Regular City Council Meeting
May 12, 2008
Page 8
JESSE JAMES FREELEN, MAYOR
JANICE ELLIS, CITY CLERK
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SPECIAL SESSION
OF THE CITY COUNCIL, CITY OF PARIS
May 20, 2008
The City Council of the City of Paris met for a special session at 5:00 P. M. Tuesday, May 20,
2008, at the City Council Chamber, 107 E. Kaufinan Street, Paris, Texas.
Present: Mayor: Jesse James Freelen
Council Members: 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; Shawn
Napier, City Engineer; Lisa Wright,
Community Development Director; Gene
Anderson, Finance Director; Karl Louis, Chief
of Police; and Ronnie Grooms, Fire Chief
Absent: Council Members: Mary Ann Fisher and Kevin Gray
Onening Agenda
1. Call meeting to order.
Mayor Freelen called the meeting to order at 5:05 p.m.
2. Invocation.
Fire Chief Ronnie Grooms gave the invocation.
3. Pledge of Allegiance
Council Member Wilson led the pledge.
Regular Aeenda
4. Canvass the returns of the Regular Municipal Election held on May 10, 2008.
City Clerk Janice Ellis canvassed the returns as follows:
District 1: Joe McCarthy was unopposed.
District 2: Kevin Kear received at total of 23 votes and Jackie Stinson received a total of 20
votes.
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Special Meeting
May 20, 2008
Page 2
District 3: Jesse James Freelen was unopposed.
District 6: Edwin Pickle received a total of 186 votes and Belinda Zanfardino received a total
of 81 votes.
5. RESOLUTION NO. 2008-040: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS, CANVASSING THE RETURNS FOR THE MAY 10, 2008,
GENERAL ELECTION FOR COUNCIL DISTRICTS 2 AND 6; DECLARING THE
WINNERS IN SAID ELECTION; ACKNOWLEDGING THE RESULTS OF PRIOR
COUNCIL ACTION DECLARING CANDIDATES AS ELECTED TO OFFICE FOR
COUNCIL DISTRICTS 1 AND 3 AS A RESULT OF HAVING BEEN UNOPPOSED FOR
ELECTION TO OFFICE; DECLARING THE TERMS OF OFFICE FOR THE AFORESAID
CANDIDATES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
Joe McCarthy was unopposed and declared elected as Council Member for District 1; Kevin
Kear received the highest number of votes and was declared elected as Council Member for District
2; Jesse James Freelen was unopposed and declared elected as Council Member for District 3; and
Edwin Pickle received the highest number of votes and was declared elected as Council Member for
District 6. A Motion to approve this item was made by Council Member Brown and seconded by
Council Member Wilson. Motion carried, 6 ayes - 0 nays.
6. Administer Oath of Office to newly elected Council Members.
City Clerk Janice Ellis administered the Oath of Office to the new Council Members.
7. Recognition of outgoing Council Members for their service.
Mayor Freelen stated that Council Members Fisher and Gray were unable to attend the
meeting, and that he had plaques to be given to them in recognition for their service to the City of
Paris. Mayor Freelen presented Council Member Wilson with a plaque recognizing him for his
service to the City of Paris.
8. Election by City Council of Mayor and Mayor Pro Tem to serve the City of Paris for the next
year.
Mayor Freelen opened the floor for nominations for Mayor. Council Member Brown
expressed his appreciation for Mayor Freelen's hard work over the past year. Council Member Brown
made a Motion to nominate Jesse James Freelen as Mayor and Council Member Strathern seconded
the Motion. Motion carried, 5 ayes - 0 nays, with Mayor Freelen abstained.
Mayor Freelen opened the floor for nominations for Mayor Pro-Tem. Council Member
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Special Meeting
May 20, 2008
Page 3
Strathern made a Motion to nominate Joe McCarthy as Mayor Pro-Tem and Council Member Kear
seconded the Motion. Motion carried, 6 ayes - 0 nays.
9. Deliberate on possible future agenda items.
Council Member McCarthy requested a discussion item on the Casa Bonita Apartments.
5. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member McCarthy
and seconded by Council Member Biard. Motion carried, 6 ayes - 0 nays. The meeting was
adjourned at 5:16 p.m.
JESSE JAMES FREELEN, MAYOR
JANICE ELLIS, CITY CLERK
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