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05 Council Minutes from June 9, 2008CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 06/ 16/08 Council Date: 06/23/08 Originating Department: City Clerk Presented By: Janice Ellis Agenda Item No.: 5. RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE(S): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meeting on June 9, 2008. BOARD/ COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meeting of June 9, 2008 ACTION: BUDGET INFO: ❑ Financial Report Z Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ~ Administrarion Z City Clerk ❑ Communiry Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris 1 000001 Revised 2/04/08 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS June 9, 2008 The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, June 9, 2008, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Joe McCarthy; Kevin Kear; Stephen Brown; Will Biard; Edwin Pickle; and Bill Strathern 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 Opening 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 McCarthy led the pledge. 4. Citizens Forum. No one spoke. Consent Agenda Mayor Freelen inquired if there were any items that Council Members wanted to pull from the Consent Agenda for discussion. Council Member Strathern asked that items 7 and 9 be pulled forward for discussion. Council Member Brown asked that item 6d, the minutes for Planning and Zoning, be corrected to reflect that Jack Ashford should be Jack Abshire. Mayor Freelen moved to item 7. - OO0002 Regular City Council Meeting June 9, 2008 Page 2 7. Deliberate and acceptance of May financial report. Council Member Strathern inquired if the City was going to come in under or over budget. Based on the current information, Gene Anderson reported the City should come in under budget. Council Member Pickle inquired what comprised the $282,000.00 in the water and sewer miscellaneous fund. Mr. Anderson said items included were different types of fees, such as water taps, sewer taps, industrial surcharge, bulk water sales, credit card fees and late fees. Mayor Freelen moved to item 9. 9. RESOLUTION NO. 2008-044: A RESOLUTION OF THE CITY COLJNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A CONSULTING SERVICES AGREEMENT WITH J. STOWE & CO. FOR WATER RESOURCE AND COSTING CONSULTING SERVICES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Council Member Strathern inquired why the City was hiring Jack Stowe. Gene Anderson said he was one of the consultants the City wanted to hire for the Lake Pat Mayse Project, because Mr. Stowe knew the history of the City and had worked for the City in the past. 5. Deliberate and act on the approval of minutes from the meeting on May 27, 2008. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Lake Pat Mayse Study Committee minutes from the meeting on May 12, 2008. b. Paris Economic Development Corporation minutes from the meeting on Apri18, 2008. c. Joint City Council and City Council Task Force on Code Enforcement minutes from the meeting on May 20, 2008. d. Planning and Zoning Commission minutes from the meeting on June 2, 2008. RESOLUTION NO. 2008-043: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE REQUEST OF THE LAMAR COUNTY APPRAISAL DISTRICT TO ALLOW A WAIVER OF THE PENALTY AND 1NTEREST ON LOT 22-A, CITY BLOCK 95 (ACCOUNT NO. 100953) 1N THE NAME OF DAN McKINNEY, DECEASED; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. - 000003 Regular City Council Meeting June 9, 2008 Page 3 10. RESOLUTION NO. 2008-045: A RESOLUTION OF THE CITY COLJNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT PROVIDING FOR COOPERATIVE PURCHASING OF GOODS AND/OR SERVICES WITH THE CITY OF BEDFORD, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTNE DATE. Council Member McCarthy made a Motion to approve the Consent Agenda and Council Member Kear seconded the Motion. The Council voted seven (7) for and none (0) opposed to approve and adopt the Consent Agenda Items 5, 6a, 6b, 6c, 6d, 7, 8, 9 and 10. Regular Agenda 11. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE A 6.5 ACRE TRACT BEING A PART OF THE ENOCH CROW SURVEY ABSTRACT NO. 208 LOCATED 1N THE 4000 BLOCK OF LAMAR AVENUE, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT (A) TO A MULTIPLE FAMILY DWELLING DISTRICT NO. 2(MF-2) DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDiNG A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. Lisa Wright read a letter from the applicant withdrawing his application for the zoning request. 12. ORDINANCE NO. 2008-017: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, A HERETOFORE AMENDED, SO AS TO REZONE LOT 18, BLOCK 203, SCOTT & BRADEN ADDITION, ALSO KNOWN AS 2306 W. KAUFMAN, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE-FAMILY DWELLING DISTRICT NO. 2(SF-2) TO A COMMERCIAL DISTRICT (C) DIRECTING A CHANGE ACCORDINGLY 1N THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. Mayor Freelen opened the public hearing and asked for anyone who wished to speak in support of this item to please come forward. Terry Allen spoke in support of this item. Mayor Freelen asked for anyone who wished to speak in opposition of this item to please come forward. Jack Abshire spoke in opposition of this item. With no one else speaking, Mayor Freelen closed the public hearing. - ODUOO1f Regular City Council Meeting June 9, 2008 Page 4 Lisa Wright explained that the Planning and Zoning Commission recommended denial ofthis application and recommended to Mr. Allen that he seek planned development zoning in order to ensure a buffer zone between the metal building, the associated business and the neighboring residential structures. Ms. Wright stated the comprehensive land use map adopted last month did not allow for commercial zoning of this property and they would have to have another public hearing to amend the map. Ms. Wright said there would be no restrictions on a commercially zoned lot and in addition, that a petition in opposition of the zoning change was submitted by 32% of the property owners within 200 feet of the requested change. Several Council Members expressed concern about deterring business growth in West Paris. Mayor Freelen said there were other businesses in the neighborhood and they needed to promote growth in West Paris. Council discussed the possibility of placement of landscaping to appease the view and the possibility of having Mr. Allen go back to Planning and Zoning to seek planned development zoning. Mayor Freelen inquired if Mr. Allen would have to pay another fee and Lisa Wright answered in the affirmative. Council Member Kear wanted to know if the fee could be waived on the second filing. Kevin Carruth said the fee did not cover the cost of publication or mailing of the notice. Lisa Wright said the requested zoning change was for commercial and that Council would have to either approve or deny the request. Ms. Wright said if he wanted to file an application for planned development zoning, it would be a separate zoning and would require separate notice. Kent McIlyar expressed concern that the zoning would not be in compliance with the comprehensive land use plan Council recently adopted. He said this area was designated for low density residential and that normally you would not approve a zoning change that was not in conformance with the comprehensive land use plan. Council Member Brown said some of the residences in the neighborhood were in poor shape and that he thought within the next ten years a number of those houses would be torn down. Mayor Freelen agreed with Council Member Brown. Mr. McIlyar said that Council could direct Planning and Zoning Commission to study this part of West Paris more closely and decide whether they need to extend that commercial zoning district to accommodate more business expansion or relocation. Mayor Freelen again expressed concern about the lack of growth in West Paris. A Motion to approve this item was made by Council Member Kear and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 13. ORDINANCE NO. 2008-018: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE 0.6597 ACRE TRACT OF LAND LOCATED AT THE SOUTHEAST CORNER OF FM 79 AND COLJNTY ROAD 31300 IN THE B.F. BOURLAND SURVEY, ABSTRACT NO. 70, CITY OF PARIS, LAMAR COUNTY, TEXAS FROM AN AGRICULTURAL DISTRICT (A) TO A COMMERCIAL DISTRICT (C) DIRECTING A CHANGE ACCORDINGLY 1N THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN - 000005 Regular City Council Meeting June 9, 2008 Page 5 EFFECTNE DATE. Mayor Freelen opened the public hearing and asked for anyone who wished to speak in support of this item to please come forward. Abe Enns spoke in support of this item. Mayor Freelen asked for anyone who wished to speak in opposition of this item to please come forward. With no one else speaking, Mayor Freelen closed the public hearing. A Motion to approve this item was made by Council Member Biard and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. 14. Deliberate on presentation of Casa Bonita Apartments demolition project. Lisa Wright gave a presentation on the City's efforts over the last year to begin demolition of Casa Bonita. She informed the City Council that RFPs had been let and would be opened July 8' for consideration by the Council on July 14`''. Council Members expressed their strong desire to get this project done. 15. Convene in Executive Session pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal advice of legal counsel pursuant to the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, and litigation exception under the Texas Open Meetings Act as follows: a. To receive Attorney advice regarding legal issues related to a contract with Housing Associates, Inc. and Eastgate Subdivision. b. To receive Attorney advice on legal issues related to the Initiative Petition for establishment of a limit on taxes for qualifying individuals pursuant to Article 8, Section 1-b(h) of the Texas Constitution and Texas Tax Code Section 11.261. Mayor Freelen asked if there were issues pertaining to item b. that could not be discussed in an opening meeting. Kent McIlyar referenced the memorandum of law he had given to Council and stated if they had any additional questions, he would answer those in Executive Session. Council indicated that they did not have any additional questions regarding the memorandum of law. It was a consensus of City Council to convene into Executive Session on item a only. Council Member Brown asked Mayor Freelen if they could move item 18 forward prior to convening into Executive Session, because there were several citizens in the audience who were interested in this item. Mayor Freelen asked for a Motion. A Motion to move item 18 forward was made by Council Member Brown and seconded by Council Member Biard. Motion carried, 7 ayes - 0 nays. 18. Deliberate on maintenance of drainage ditches. - 000006 Regular City Council Meeting June 9, 2008 Page 6 Shawn Napier explained to Council that the Parks Department had a backlog of 59 work orders for ditches and that they were diligently working through the work orders. He further explained that in 2004 there was a 42 percent reduction in the Parks Departments staff, while at the same time the department was charged with the added responsibilities of the Trail de Paris and the Sports Complex. Additionally, a drought ensued for two years following the reduction but brush continued to grow in the ditches, creating problems this last year when the rains resumed. Mayor Freelen moved to item 15 a. and convened City Council into Executive Session at 8:06 p.m. 16. Reconvene in Open Session to take possible action regarding those matters discussed in Executive Session. a. To receive Attorney advice regarding legal issues related to a contract with Housing Associates, Inc. and Eastgate Subdivision. Mayor Freelen reconvened City Council into open session at 8:42 p.m. Mayor Freelen announced there would be no action taken at the time. He stated that Kent McIlyar would update the City Council on issues in the future. 17. RESOLUTION NO. 2008-046: A RESOLUTION OF THE CITY COLJNCIL OF THE CITY OF PARIS, TEXAS, ACKNOWLEDGING THAT THE PETITION FILED MARCH 18, 2008 PROPOSING A LIMITATION ON THE AMOUNT OF AD VALOREM TAXES THAT MAY BE IMPOSED AGAINST A RESIDENCE HOMESTEAD OF A PERSON AGE 65 YEARS OR OLDER OR A DISABLED PERSON WAS NOT SIGNED BY FIVE PERCENT (5%) OR MORE OF THE REGISTERED VOTERS OF THE CITY OF PARIS, TEXAS, AND, THEREFORE, DOES NOT SATISFY THE REQUIREMENT OF ARTICLE 8, SECTION 1-b(h) OF THE TEXAS CONSTITUTION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Kent McIlyar said that under the City Charter, that the City Council was required to review and/or take action within sixty days of receiving a petition. He further said that Council could adopt the petition as written, or not adopt it and allow the issue to go to a vote at the next uniform election date. Mr. McIlyar stated the tax freeze initiative petition was different than most initiative petitions, because the State regulated the tax freeze petition process. Mr. McIlyar advised Council that Article 8, Section 1-b(h) of the Texas Constitution required a tax freeze petition to contain signatures of 5% of the total number of registered voters in the City of Paris. He said the City Clerk issued a certificate saying that the petition contained 655 signatures, 80 of which were disqualified leaving a total of 575 qualified voter signatures. Mr. McIlyar said he asked the City Clerk to determine the number of registered voters in the City of Paris and she determined through her research there were 14,235 registered voters in the City of Paris as of March 18, 2008, the date the tax freeze petition was filed. ' OOOP) 0 % Regular City Council Meeting June 9, 2008 Page 7 Mr. McIlyar said 5% of that number was 712 and therefore, under State Constitutional Law that petition had to be supported by 712 qualified voters for the petition to generate a special election. Kent McIlyar said it was his opinion that the City could not vary from what was set out in the Texas Constitution. He said when the petition was filed in March, it was processed and certified pursuant, to the City Charter and the State Election Code. Mr. McIlyar also said there was nothing in the City Clerk's certificate that certified the petition as being in conformance with the Texas Constitution. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Brown. Motion carried, 5 ayes - 1 nay (Council Member Strathern) - 1 abstaining (Council Member McCarthy). 19. Deliberate on goals and objectives for the City of Paris. A Motion to move this item to the June 23rd Agenda was made by Council Member Kear and seconded by Council Member Biard. Motion carried, 7 ayes - 0 nays. 20. Deliberate on reinstatement of the Charter Review Committee for review of Article 10 of the City Charter. Kevin Carruth said that several members of the former Charter Review Committee had approached the City about reviewing the initiative, referendum and recall process in an attempt to avoid some of these issues that had come up over the last couple of months. Mr. Carruth said that Bill Payne had moved and that staff had made contact with everyone with the exception of David House. He said that the Constitution stated that we could not alter or amend our Charter more often than every two years. Mr. Carruth said they could meet and make recommendations, but there could not be an election on the proposed amendments until May 2009. No action was taken on this item. 21. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. There were none. 22. Deliberate on possible future agenda items. Council Member Pickle requested that an ordinance imposing a homestead tax freeze for the elderly and disabled be placed on the next agenda. Mayor Freelen also asked that an ordinance regarding the sale of copper be placed on the next agenda. 23. Adjournment. - 000008 Regular City Council Meeting June 9, 2008 Page 8 There being no further business, a Motion to adj ourn was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. The meeting was adjourned at 9:10 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK 00