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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 bli H i ❑ O h y'I'D Actual $ u c ear ng t er 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. In t)Ut~'11-1 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. r ( ~r•t i~i'~: 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 ~ t ) I) Er'„ 4 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 Regular City Council Meeting 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 % 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. ~~~)l;;~ Regular City Council Meeting May 12, 2008 Page 8 JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK t i Ci-9 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. s ll \I 1 ~ 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 - ~9I~ 11 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 I a6!12