Adam Harding, Council District #1 Vernon Denmon, fr., Council District Vickey L. Chivers, Council District Joseph Thompson, Council Districl. Doug Smith, Council District #5 Steve Presley, Council District #6 #2 #3 #4 Tr - ' rMrY oF '_ _r-r HALESTIN-tr e19Z Wendy Ellis, City Manager Teresa Herrera, City Secretary Ronald D. Stutes, city Attorney Therrell Thomas, Mayor NOTICE OF MEETING CITY COUNCIL AGENDA Monday, March 9, 2015 Work Session @ 4:30 p.m., City Hall Conference Room Regular Meeting @ 5:30 p.m., City Council Chambers 504 N, Queen Street Palestine, Texas The City Council rnay meet in Closed Session regarding any item on this agenda permitted by Subchapter D ofChapter 551 ofthe Texas Government code. WORK SESSION 1l 2) 3] if necessary, as - 4:30 Discussion and update regarding Police Department assessment and plan of action moving forward Discussion of proposed reorganization of possible new positions of drivers in Fire Department Discussion ofCity wide organization REGULAR MEETING - 5:30 CALL TO ORDER A. B. INVOCATION AND PLEDGE OF ALLEGIANCE Invocation followed by Pledge ofAllegiancc C. PUBLIC COMMENTS. PUBLIC RECOGNITION. AND ANNOUNCEMENTS Introduction of New Emergency Management Coordinator Scott Parkhurst National Main Street Recognition Award lntroduction of New Police Officer Clane Ricc D. OATH OF OFFICE FOR NEW POLICE OFFICER E. CONFLICT OF INTEREST DISCLOSURES F. PUBLIC HEARING public Hearing regarding a specinc use permit for a church at 410 and 412 Mcclellan Street G. MAYOR'S REPORT H. ITEMS FROM COUNCIL update on Attendance, upcoming Activities, and Future Development at the Texas state Railroad Update on South End Preservation 3.) Update on Community Events I. CITY MANAGER'S REPORT City Attorney Fees L] 2) 3l 1) 1l 2) 1) 2l Departmental Report aJ b) c) d) I. Utilities MuniciPal Court DevcloPmentServices Public Works BOARD APPOTNTMENTS 1l Advisory consider appointment of Dana Goolsby to fill unexpired term to place 3 to the Tourism Harding Board rePlacing |odi K. CONSENT AGENDA The Consent ltems shall be considered for action as a whole, unless one or more Councilmembers objects. Approval of the consent agenda authorized the City Manager to implement each item in accordance with staff recommendations. 1) Consider approval of Minutes of the Work Session and Regular Meeting of December B, 2014 2) Consider approval ofSpecial Meeting of January 9, 2015 3J Consider approval of Minutes of the Work Session and Regular Meetin E of lanuary 12' 201'5 4) Consider approval of Minutes ofthe Work Session and Regular Meetin g of larnry 26' 2075 5) Consider approval of Minutes of the Work Session and Regular Meeting of February9,2015 6) Consider approval of Minutes of the Work Session and Regular Meeting of February 23, 2015 L. REGULAR AGENDA 1) 2] 3J 4) 5) Consider renewal of Lease for Veterans Historic Education Center at Palestine Mall Consider an Ordinance amending Specialty Seniority Pay for Newly Hired Officers with prior full time paid Law Enforcement Experience Consider request from Mr. Sussdorf to utilize City property located next to the historic jail for future placement ofa bell tower Consider an Ordinance for a specific use permit for a church at 410 and 412 Mcclellan street Consider an ordinance approving a Budget Amendment for Fiscal Year 2014-2015 for Main Street M. cLosEp sEssloN Council will go into Closed Session pursuant to Section 551.072 regarding real estate and Section 551.074 regarding personnel matters. 1) Zj Discuss the possible sale of City owned propefty; 3) - of an interim finance director, possible adoption of procedures for Discuss ih" "ppoint."nt searching for; new finance director, possible use ofa search firm to recruit candidates, possible appointrient of a search committee, discussion of candidates for the finance director position' discussion of the finance director duties and job description, discussion of the desirable Discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal ofthe City Manager; characteristics of a new finance director, possible terms of a contract with a new finance director, or possible appointment ofa new finance director. N, RECONVENE IN REGULAR SESSION 1J 2] 3) Take any action necessary regarding the possible sale of City owned propertyi Take any action necessary regarding the appointment, employment, evaluation' reassignment' duties, discipline, or dismissal ofthe City Manager; Take any action necessary regarding the appointment of an interim finance director, possible adoption of procedures for seirching for a new finance director, possible use of a search firm-to recruit candidates, possible appointment oI a search committee, discussion of candidates for the job description, discussion finance director position, discussion of the finance director duties and ofthedesirabIecharacteristicsofanewfinancedirector,posSibletermsofacontractwithanew finance director, or possible appointment oIa new finance director' o. ADIOURN CTJRTIFICATION posted on the outdoor bulletin I, the undersigned authority, do hereby ceftiry that this Notice of Meeting was date and time: board at the main entrance to city Hall, 504 N. Queen Street, PaJg$ilre;'ftIas, on fre following Lttl Teresa Herrera, City Secretary will provide for |n comp|iance with the Americans with Disabi|ities Act, the city of Palestine Requests for meetings' Council City reasonable accommodations for persons attending prior to the meetings' Please contact accommodations or interpretive services must be rnade 48 hours at 9O3-731-5414' the City secretary's office for further information UTILITIES MONTHLY REPORT 2015 2014 Water Treatment January YTD (2015) January YTD (2014) Total Gallons Raw (MG): 72.160 395.307 131.684 557.431 Total Gallons Treated (MG): 74.710 363.336 129.956 527.787 Total Gallons Used Flusing and Leaks (MG): 4.781 11.236 3.623 10.261 Total Gallons Sold (MG): 81.876 252.970 50.061 433.359 Bacteriological Samples: 20 80.000 20 80.000 Bacteriological Samples that exceed TCEQ rules: 0 0.000 0 0.000 Number of Training Hours: 0 324.000 20 148.000 Water Distribution January YTD (2015) January YTD (2014) On-Call Hours Worked: 61 270 81 311 Taps Made: 0 4 9 15 Taps Repaired: 5 21 7 35 Feet of Lines Placed: 80 229 2000 3369 3/4" Pipe 0 40 0 1" Pipe 30 105 100 143 2" - 8" Pipe 50 84 1840 2002 10" - 14" Pipe 0 0 60 1210 Line Repairs Made: 14 27 3/4" Pipe 0 1" Pipe 0 1 1/2" Pipe 2 14 50 0 0 1 0 0 2 0 0 0 0 2" Pipe 2 2 0 8 4" Pipe 2 2 0 5 6" - 8" Pipe 9 21 2 32 10" - 14" Pipe 1 2 0 2 Fire Hydrants Flused: 21 60 23 109 Valves Changed/Repaired 4 14 8 20 Meters Turned On 148 763 Meters Turned Off 81 251 Meter Re-reads 63 166 Meters Tested 36 242 Meters Replaced 65 300 New Meters Installed 1 3 Wastewater Collection January YTD (2015) January YTD (2014) Sewer Mains Repaired: 1 7 2 5 Manholes Changed/Repaired: 1 6 4 14 Sewer Stoppages: 42 93 39 112 Clean outs Installed/Repaired 3 15 6 17 Sewer Services Repaired 4 16 1 6 Sewer pipe installed (ft): 50 188 119 247 Wastewater Treatment January YTD (2015) January YTD (2014) Average Daily Flow (MGD): 2.575 2.808 3.234 3.332 Average Daily BOD (mg/1); 2.640 2.574 2.600 4.673 City of Palestine Official Municipal Court Monthly Report Month of January 2015 Traffic Misdemeanors Non-Parking Parking 1 New Cases Filed During Month 90 1 Non-Traffic Misdemeanors State Law Ordinance 52 Total 16 159 Caseload Reporting - Primary Activity of the Court 2 A B C 3 A B1 B2 C1 C2 D 4 A B C D Dispositions Prior to Trial: Bonds Forfeited Fined Cases Dismissed Total Dispositions Prior to Trial Dispositions at Trial: Plea of Guilty or Nolo Contendere Guilty by Judge Not Guilty by Judge Guilty by Jury Not Guilty by Jury Dismissed at Trial Total Dispositions at Trial Cases Dismissed: After Driver Safety Course After Deferred Disposition After Proof of Financial Responsibility Compliance Dismissal Total Categorized Dismissals 0 43 1 44 0 0 0 0 0 27 1 28 0 7 0 7 0 77 2 79 23 0 0 0 0 2 25 0 0 0 0 0 0 0 10 0 0 0 0 3 13 1 0 0 0 0 5 6 34 0 0 0 0 10 44 24 1 2 3 30 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 24 1 2 3 30 5 Community Service Ordered: 0 0 1 0 1 6 Cases Appealed 1 0 0 0 1 99 0 42 13 154 Totals 2,3,4,5 Juvenile Activity and Other Magistrate Functions 7 Juvenile Activity A B C D E F G H ABC Code Offenses (Non-Driving) DUI Alcohol Health and Safety Code (Tobacco) Transportation Code Truancy/Failure to attend Hearings Non-Traffic Offenses Waive Jurisdiction on Non-Traffic Education Code 3 0 0 1 0 0 0 0 8. DL Suspension Hearings 9. Property Hearings 10. Search Warrants Issued 11. Arrest Warrants Issued 12. Capias Pro Fine Issued 13. Magistrate Warnings Given A. Class C Misdemeanors Only B. Felonies/A and B Misdemeanors Total Court Fines and Fees The Total Court Fine and Fees amount includes both City Revenue and State Revenue. 0 2 0 36 15 7 6 1 $21,192.68 City of Palestine Municipal Court Activity Report - FY 2014 - 2015 Charges Filed All Tickets and Other Complaints (Fail to Appear, School Cases, etc.) 12-13 October November December January February March April May June July August September Total 13-14 Revenue 14-15 12-13 182 183 184 303 412 339 329 297 144 232 191 261 202 129 179 209 249 186 235 218 180 175 193 234 266 164 164 159 October November December January February March April May June July August September $ $ $ $ $ $ $ $ $ $ $ $ 3057 2389 753 Total $ 477,166.81 Charges Filed in Municipal Court 450 400 350 300 250 200 150 100 50 0 21,031.56 31,903.72 16,866.39 37,852.02 80,665.66 57,266.26 51,909.63 41,427.82 29,991.01 35,107.84 37,878.27 35,266.63 13-14 $ $ $ $ $ $ $ $ $ $ $ $ 29,745.14 20,476.15 22,497.54 27,159.26 52,320.43 51,025.52 30,707.84 37,273.85 27,748.61 28,609.09 30,106.09 33,214.36 $ 390,883.88 14-15 $ $ $ $ $ $ $ $ $ $ $ $ 36,446.02 26,022.25 27,165.24 21,192.68 - $ 110,826.19 Revenue By Month 12-13 13-14 14-15 $90,000.00 $80,000.00 $70,000.00 $60,000.00 $50,000.00 $40,000.00 $30,000.00 $20,000.00 $10,000.00 $- 12-13 13-14 14-15 Where the Money Goes: State of Texas City of Palestine Collection Agency OMNI $ $ $ $ 6,113.37 14,276.00 753.36 49.95 Total Collections $ 21,192.68 4% 0% 29% State of Texas City of Palestine 67% Collection Agency OMNI City Marshal Department Statistic Report FY 14-15 Warrants Issued Cleared Value Issued Cleared Collected Total Paid Other Arrests Service Attempts Oct Nov Dec Jan 48 32 77 31 81 20 51 34 Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total 257 117 $15,473.70 $23,323.60 $26,599.09 $15,332.20 $11,295.33 $10,313.02 $8,361.39 $12,636.09 $80,728.59 $42,605.83 $4,105.17 $6,156.06 $3,252.83 $4,699.10 $18,213.16 5 79 5 62 4 71 4 76 18 0 Warrants Issued vs. Warrants Cleared $30,000.00 $25,000.00 $20,000.00 Issued $15,000.00 Cleared $10,000.00 $5,000.00 $0.00 Nov FY 13-14 Warrants Issued Cleared Value Issued Cleared Collected Total Paid Other Arrests Service Attempts Dec Jan Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept 110 35 45 20 90 21 56 37 46 71 56 61 50 21 122 50 56 38 58 34 48 26 114 33 Oct Nov Dec Total 851 447 $32,523.19 $23,069.90 $29,604.50 $16,360.53 $13,949.50 $16,457.70 $16,084.30 $36,612.93 $15,503.20 $16,354.20 $15,709.70 $35,058.90 $10,980.09 $6,434.63 $7,832.56 $10,510.26 $26,519.13 $23,231.45 $7,361.46 $11,130.39 $12,432.73 $11,703.79 $10,075.80 $12,538.60 $267,288.55 $150,750.89 $3,865.93 $2,257.50 $3,417.26 7 111 3 63 3 75 $2,870.80 $20,931.10 17.982.46 8 91 8 94 6 95 $5,004.36 $8,693.80 $4,695.20 $4,116.72 $5,800.44 $3,203.90 $64,857.01 3 48 6 73 6 82 7 88 3 53 10 75 70 298 2/18/2015 1:37 PM COFFRPT Page: 1 Citation Date: 1/01/2015 - 1/31/2015 Summary -------------------------------------------------------------------------------- Beginning Citation Date........: 01/01/2015 Ending Citation Date...........: 01/31/2015 Type of Citation...............: Regular Type of Offense................: Include: All Agency.........................: Include: All Specific Offenses..............: Include: All Entered By.....................: Include: All Summary or Detail..............: Summary Sort By........................: Offense Code Print Def. Name................: No Inc Park w/o Name..............: No Total by Race/Sex..............: No 2/18/2015 1:37 PM COFFRPT Page: 2 Citation Date: 1/01/2015 - 1/31/2015 Summary -------------------------------------------------------------------------------1020 THEFT UNDER $50.00 Statute: PENAL CODE 31.03(e)(1)(A) Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 1 1 $316.00 0 Number of Citations to Minors.......: 0 -------------------------------------------------------------------------------1174 UNREASONABLE NOISE - SOUND AMPLIFICATION Statute: SEC 46-27 Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 1 1 $341.00 0 Number of Citations to Minors.......: 0 -------------------------------------------------------------------------------1175 D.O.C. FIGHTING WITH ANOTHER Statute: PENAL CODE 42.01 (6) Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 4 4 $948.00 1 Number of Citations to Minors.......: 3 -------------------------------------------------------------------------------1220 PUBLIC INTOXICATION Statute: PENAL CODE 49.02 Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 8 8 $2,478.00 0 Number of Citations to Minors.......: 2 -------------------------------------------------------------------------------2100 POSSESSION OF DRUG PARAPHERNALIA Statute: 481.125 H&S Code 2/18/2015 1:37 PM COFFRPT Page: 3 Citation Date: 1/01/2015 - 1/31/2015 Summary -------------------------------------------------------------------------------Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 5 5 $1,880.00 0 Number of Citations to Minors.......: 1 -------------------------------------------------------------------------------3006 RAN STOP SIGN Statute: 544.010 Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 11 11 $2,350.10 0 Number of Citations to Minors.......: 0 -------------------------------------------------------------------------------3007 RAN RED LIGHT Statute: TRC 544.007 Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 3 3 $707.20 0 Number of Citations to Minors.......: 0 -------------------------------------------------------------------------------3025 FAIL TO MAINTAIN FINANCIAL RESP. 2ND OFFENSE Statute: 601.191 Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 1 1 $591.00 0 Number of Citations to Minors.......: 0 -------------------------------------------------------------------------------3049 FAIL TO MAINTAIN FINANCIAL RESPONSIBILITY Statute: 601.191 Totals for Offense 2/18/2015 1:37 PM COFFRPT Page: 4 Citation Date: 1/01/2015 - 1/31/2015 Summary -------------------------------------------------------------------------------Number of Citations for Offense.....: 12 Number of Violations for Offense....: 12 Amount of Fines/Fines Assessed......: $3,549.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 2 -------------------------------------------------------------------------------3050 FAIL TO CONTROL SPEED Statute: 545.351 Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 9 9 $2,201.90 0 Number of Citations to Minors.......: 2 -------------------------------------------------------------------------------3056 FAIL TO YIELD ROW (PRIVATE DRIVE/ALLEY ,BUILDING) Statute: 545.155 Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 2 2 $498.20 0 Number of Citations to Minors.......: 0 -------------------------------------------------------------------------------3070 FAIL TO DRIVE IN A SINGLE LANE Statute: TRC 545.060 Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 1 1 $249.10 0 Number of Citations to Minors.......: 0 -------------------------------------------------------------------------------3103 NO DRIVER'S LICENSE (OVER 18 YOA) Statute: TRC 521.021 Totals for Offense Number of Citations for Offense.....: 11 2/18/2015 1:37 PM COFFRPT Page: 5 Citation Date: 1/01/2015 - 1/31/2015 Summary -------------------------------------------------------------------------------Number of Violations for Offense....: 11 Amount of Fines/Fines Assessed......: $2,045.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 3 -------------------------------------------------------------------------------3104 DRIVING WHILE LICENSE INVALID Statute: SEC 521.457 Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 11 11 $3,604.00 0 Number of Citations to Minors.......: 0 -------------------------------------------------------------------------------3205 EXPIRED MOTOR VEHICLE INSPECTION Statute: 548.051 Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 1 1 $20.00 0 Number of Citations to Minors.......: 0 -------------------------------------------------------------------------------3259 EXPIRED OPERATOR'S LICENSE Statute: TRC 522.001 Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 2 2 $186.00 0 Number of Citations to Minors.......: 1 -------------------------------------------------------------------------------3288 FAIL TO YIELD ROW CHANGING LANES Statute: TRC 545.061 Totals for Offense Number of Citations for Offense.....: Number of Violations for Offense....: Amount of Fines/Fines Assessed......: 1 1 $249.10 2/18/2015 1:37 PM COFFRPT Page: 6 Citation Date: 1/01/2015 - 1/31/2015 Summary -------------------------------------------------------------------------------Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0 -------------------------------------------------------------------------------3323 OPEN CONTAINER Statute: 49.031 PC Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 6 6 $2,021.00 0 Number of Citations to Minors.......: 0 -------------------------------------------------------------------------------3333 VIOLATE PROMISE TO APPEAR Statute: TRC 543.009 Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 1 1 $244.00 0 Number of Citations to Minors.......: 0 -------------------------------------------------------------------------------3337 FAILURE TO APPEAR/BAIL JUMPING Statute: PC 38.10 Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 8 8 $2,520.00 0 Number of Citations to Minors.......: 1 -------------------------------------------------------------------------------3572 PARK OR STAND WITHIN 30 FT OF A TRAFFIC CONTROL DEVICE Statute: 545.302 Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: Number of Citations to Minors.......: 1 1 $90.00 0 0 2/18/2015 1:37 PM COFFRPT Page: 7 Citation Date: 1/01/2015 - 1/31/2015 Summary --------------------------------------------------------------------------------------------------------------------------------------------------------------3586 SPEEDING ABOVE POSTED LIMIT Statute: TRC 545.351 Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 11 11 $2,400.10 0 Number of Citations to Minors.......: 0 -------------------------------------------------------------------------------3596 SPEEDING IN A SCHOOL ZONE Statute: Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 1 1 $259.10 0 Number of Citations to Minors.......: 0 -------------------------------------------------------------------------------3656 EXPIRED REGISTRATION Statute: TRC 502.407 Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 9 9 $1,373.00 0 Number of Citations to Minors.......: 1 -------------------------------------------------------------------------------3663 DISPLAY WRONG,FICTITIOUS,ALTERED OR OBSCURED LICENSE PLATE Statute: 502.409 Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 2 2 $398.00 0 Number of Citations to Minors.......: 0 -------------------------------------------------------------------------------- 2/18/2015 1:37 PM COFFRPT Page: 8 Citation Date: 1/01/2015 - 1/31/2015 Summary -------------------------------------------------------------------------------3803 CONSUMPTION OF ALCOHOL BY MINOR Statute: ABC 106.04 Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 1 1 $566.00 0 Number of Citations to Minors.......: 1 -------------------------------------------------------------------------------4200 ANIMAL RUNNING AT LARGE Statute: 14-11 (A) Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 2 2 $457.00 0 Number of Citations to Minors.......: 0 -------------------------------------------------------------------------------4204 NO CITY TAGS Statute: SEC 14-31 Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 2 2 $457.00 0 Number of Citations to Minors.......: 0 -------------------------------------------------------------------------------4205 NO RABIES TAGS Statute: SEC 14-46 Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 3 3 $698.00 0 Number of Citations to Minors.......: 0 -------------------------------------------------------------------------------4312 PARKED IN A FIRE LANE Statute: FIRE CODE SEC.503.4 2/18/2015 1:37 PM COFFRPT Page: 9 Citation Date: 1/01/2015 - 1/31/2015 Summary -------------------------------------------------------------------------------Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 1 1 $257.00 0 Number of Citations to Minors.......: 0 -------------------------------------------------------------------------------4363 VIOLATE PROMISE TO APPEAR-CITY ORDINANCE Statute: CH 2, ART. 3, SEC 2-52, (C)(4) Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 1 1 $216.00 0 Number of Citations to Minors.......: 0 -------------------------------------------------------------------------------PROP PROPERTY HEARING Statute: Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 1 1 $0.00 0 Number of Citations to Minors.......: 0 -------------------------------------------------------------------------------3005C FAIL TO YIELD RIGHT OF WAY Statute: 545.151 Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 1 1 $274.10 0 Number of Citations to Minors.......: 0 -------------------------------------------------------------------------------3031B CHILD < 8 UNLESS TALLER THAN 4'9" NOT SECURED BY SAFETY SEAT SYSTEM Statute: TRC 545.412 Totals for Offense 2/18/2015 1:37 PM COFFRPT Page: 10 Citation Date: 1/01/2015 - 1/31/2015 Summary -------------------------------------------------------------------------------Number of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $174.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0 -------------------------------------------------------------------------------3052A FAIL TO YIELD AT STOP INTERSECTION Statute: 545.151 Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 2 2 $458.20 0 Number of Citations to Minors.......: 1 -------------------------------------------------------------------------------3205A EXPIRED MOTOR VEHICLE INSPECTION - OVER 2 MONTHS Statute: 548.051 Totals for Offense Number Number Amount Number of of of of Citations for Offense.....: Violations for Offense....: Fines/Fines Assessed......: Citations to Juveniles....: 10 10 $1,715.00 0 Number of Citations to Minors.......: 2 -------------------------------------------------------------------------------Totals for Offense Level Total Citations for Offense Level...: Total Violations for Offense Level..: Amount of Fines/Fines Assessed......: Total Citations to Juveniles........: 115 148 $36,791.10 1 Total Citations to Minors...........: 15 -------------------------------------------------------------------------------Grand Totals Total Total Total Total Number Number Amount Number of of of of Citations...........: Violations..........: Fines/Fines Assessed: Citations Juveniles.: Total Number of Citations Minors....: 115 148 $36,791.10 1 20 2/18/2015 1:37 PM COFFRPT Page: 11 Citation Date: 1/01/2015 - 1/31/2015 Summary -------------------------------------------------------------------------------Total Number of Offenses DEVELOPMENT SERVICES DEPARTMENT MONTHLY REPORT January 2015 Permit Summary and Comparison January 2014 January 2015 DEPARTMENT DIVISIONS Planning And Development Building Inspections/Permitting Health Inspections Historic Preservation $7,682.50 Permit Revenue $8,140.00 Permit Revenue Totals include all activities requiring a permit and license issued by Development Services Commercial Construction Projects Business Name Address Description/Status Palestine Toyota 2728 S. Loop 256 Under Construction Whataburger 1717 S. Loop 256 Reconstruction in progress Cartmell Home 2212 W. Reagan Street Assisted Living Facility (New) McDonald's 2120 S. Loop 256 Demolition underway R & J Enterprises 300 E. Spring Street Convert existing building to laundromat The Washtub 513 Old Elkhart Road Expansion of existing laurndromat Zippy J's Exxon 2430 Hwy 155 North (intersection of Gardner Drive) Permits issued/construction of new convenience store TBD TDCJ Parole Office 1600 Hwy 155 North Site being prepared for construction Wildcat Golf Course 2130 Country Club Road Golf course (under renovation) Grace United Methodist Church 2130 Country Club Road Expansion of the existing church Development Services January 2015 Monthly Activity Certificates of Occupancy (New Businesses) Business Name Address Description/Status Fudge’s Fashions 3123 W. Oak Street Clothing store Express auto repair 519 W. Spring Street Auto repair shop Sheep for the Shepherd 2703 W. Oak Street Church Freedom Fellowship Church 119 Kickapoo Street Church Substandard Structures Type of Structure Location Status Single Family 409 E. Palestine Ave. Demolished Single Family 813 Giraurd Street Demolished Boards and Commission Action Board Building and Standards Commission Item 931 Rampart Street 506 Fannin Street Action Approved for demolition Approved for demolition Planning and Zoning Commission No meeting held in January N/A Zoning Board of Adjustment and Appeals No meeting held in January N/A Historic Landmarks Commission Certificate of Appropriateness at 201 E. Angelina Approved (replacement of siding and windows) Page | 2 Development Services January 2015 Monthly Report From the Director: Multiple commercial construction projects are currently in progress throughout the city. We are also working with several developers who are proposing new commercial projects that have not officially been submitted for review. Some of the ongoing projects include: 1. Whataburger reconstruction. The new facility is moving along as planned and should be completed within the next two months. 2. McDonald's demolition and reconstruction. As of last week, McDonald's has temporarily closed down and is currently being demolished. The reconstruction will immediately follow the demolition of the existing structure. 3. Family Dollar (new location adjacent to Kroger's). Plans are being designed for the new Family Dollar along with the preparation of the subdivision plat. 4. TDCJ Parole Office. The site is currently being prepared for a new parole office which will be located on U.S. Highway 155 immediately south of Elliot's Electric. 5. Sanderson Farms Processing Plant. A final Certificate of Occupancy has been issued to Sanderson Farms which authorizes them to operate at full capacity. 6. Zippy J's Exxon. Construction of the new convenience store at the corner of U.S. Highway 155 and Gardner Drive should begin shortly. All building permits have been issued for this project. 7. Cartmell Assisted Living Facility. The new assisted living facility which is an addition to the existing facility is moving toward completion. 8. New retail store adjacent to the unoccupied space next to Anytime Fitness. Plans are underway to locate a new retail store in the multi-tenant building where Tractor Supply and Anytime Fitness are located. In addition to construction projects, the Health Officer is reviewing our existing health regulations to ensure that we are current with the State laws pertaining to food service establishments. He is also working towards improving our existing applications for food service establishments. Our department is currently working closely with the Police Department involving matters of Code Enforcement. We have already seen positive results as numerous violations have been resolved. I expect to see a major improvement in property maintenance throughout the city with the help of the Police Department. Page | 3 City of Palestine Memorandum TO: Wendy Ellis FROM: Tim Perry DATE: March 4, 2015 RE: Public Works Monthly Report for January 2015 Attached is brief summary of each department’s accomplished within the month of January 2015. The Public Works Department consists of the Street Department, Fleet Maintenance, Solid Waste, Airport Operations, and the Public Works Administration. PUBLIC WORKS MONTHLY REPORT January, 2015 PW/U Administration- Scheduled Pool cars. Perform a variety of clerical, secretarial, accounting and other related support services for two department directors and the Palestine Municipal Airport, audit Commercial Solid Waste Collection accounts. Manage roll off solid waste container request and billing. Traffic Sign Maintenance Report Repair Reg C/O Reg. Repair Warning C/O Warning C/O SNS Repair SNS New Pole Visual Obstructions Signs for Other Dept. Guide Sign Graffiti January 2015 67 12 12 2 0 40 5 January 2014 9 2 0 0 32 6 3 5 3 0 0 0 0 0 0 February 2015 February 2014 March 2015 March 2014 FLEET MAINTENANCE VEHICLES SERVICED Police Fire Equipment Fire Trucks, Backhoes, Vactor Small Engine Repairs, Lawnmowers Car Washes Inspections Vehicles (pickup/Cars) Oil Changes January 2015 24 22 January 2014 24 4 47 60 11 27 2 1 0 2 68 54 13 16 February 2015 February 2014 March 2015 March 2014 Street Maintenance Number of Potholes Base Material (Cubic Yards) Asphalt (Cubic Yards) Large Stree Repair Utility Repair Illegal Dump Site Cleaned Drainage Maintenance (sites) Tree/Limb in Street January 2015 January 2014 829 276 87 122 31 0 0 14 0 8 1 1 0 6 4 4 February 2015 February 2014 March 2015 Comments January February March Demolish substandard structure at 813 Giraurd St., Mow Right of ways, service equipment, take down Christmas decorations, haul fill material to Wells Creek Treatment Plant, remove 1 dead animal from the street. March 2014 Fly In's January February March April May June July August September October November December Total 2014 2015 87 41 59 49 109 84 119 111 129 141 132 110 1171 139 139 Airport 2014 Fuel Useage 2015 Fuel Useage AV Gas AV Gas January February March April May June July August September October November December Total 1008 1688 1145 1155 1741 2983 1468 2622 2719 2786 1193 6135 26643 Jet A 5262 3624 4558 5575 3675 6958 1937 6135 8232 9786 7402 1088 64232 January February March April May June July August September October November December Total Jet A 1303 5444 1303 5444 Draft Minutes of the Work Session and Regular Meeting of December 8, 2014 Page 1 of 5 THE STATE OF TEXAS COUNTY OF ANDERSON CITY OF PALESTINE § § § The City Council of the City of Palestine, Texas convened in a Regular Meeting on Monday, December 8, 2014 at 4:30 p.m. for the Work Session in the City Hall Conference Room, and at 5:30 p.m. for the Regular Meeting in the Council Chambers at City Hall, 504 N. Queen Street, Palestine, Texas, with the following people present: Mayor Therrell Thomas: Mayor Pro-Tem Vickey L. Chivers; Councilmembers Vernon Denmon, Jr., Joseph Thompson, Mark Price, and Steve Presley; City Manager Wendy Ellis, City Secretary Teresa Herrera, and City Attorney Ronald Stutes. Other staff present: Development Services Director Jeffrey Lyons, Public Works Director Tim Perry, and Main Street/Communications/Warehouse Manager Laura Westgate. Councilmember Harding was absent. A quorum of the City Council was present. WORK SESSION Mayor Thomas called the work session to order at 4:30 p.m. Discuss proposed amendment to the regulations for sexually oriented businesses as found in the Palestine Code of Ordinances, Chapter 26, Article VII Development Services Director Jeffrey Lyons led discussion regarding the proposed amendments to the regulations for sexually oriented businesses (s.o.b.s). During the September 22, 2014 Council Meeting the creation of an s.o.b. was presented. Also, a public hearing was conducted based on the negative feedback from the public Council did not take action on the ordinance amendments, instead, extended the moratorium until January 20, 2015. If creating an overlay zone is no longer an option, Staff recommends that Council consider restricting the locations where s.o.b.s operate in the city. Maps were provided showing potential areas where a sexually oriented business could operate s.o.b.s after applying distance separations of 500, 1,000 and 1,500 feet from churches, public or private elementary or secondary schools, public parks, daycares, and the boundaries of residential districts. The legality of regulating the hours or operation for these types of businesses was discussed. Council directed Staff to revise the maps and include a minimum distance of 1,000 feet from any property zoned for residential uses. Debrief from attendance at TML Debrief was not provided. With no other business to come before the Council, the work session was adjourned at 5:24 p.m. CALL TO ORDER – REGULAR MEETING Mayor Thomas called the Regular Meeting to order at 5:31 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Denmon, and was followed by Pledge of Allegiance. PUBLIC COMMENTS, PUBLIC RECOGNITION, AND ANNOUNCEMENTS The Palestine Economic Development Corporation and its partners in Anderson County and the City of Palestine were recognized for their 2014 Community Economic Development Award “Merit Recognition” by the Texas Economic Development Council for “Outstanding Achievement in Community Economic Development” for 2014. Economic Development Director Tom Manskey and Interim Finance Director Becky Roseberry were recognized. CONFLICT OF INTEREST DISCLOSURES Draft Minutes of the Work Session and Regular Meeting of December 8, 2014 Page 2 of 5 No action was taken. PUBLIC HEARING Public Hearing regarding a zoning change request from R-2, Single Family Detached, Medium Density District, to RPO, Restricted Professional Office on Tracts 3, 4B, 5B, and 6, Block 862-2 of the Jacob Snively Survey located at 1101 N. Cedar Street Development Services Director Jeffrey Lyons presented summary of the zone change. Mayor Thomas opened the public hearing and asked for anyone speaking for or against the request to do so. With no one speaking, Mayor Thomas closed the public hearing. Public Hearing regarding a request to close an undeveloped street right-of-way known as Griggs Street which is generally located between W. Lacy Street and W. Roberts Street on the west side of W. Palestine Avenue. Case ROW-14-01 Development Services Director Jeffrey Lyons presented summary of the request to close an undeveloped street right-of-way. Mayor Thomas opened the public hearing and asked for anyone speaking for or against the request to do so. With no one speaking, Mayor Thomas closed the public hearing. MAYOR’S REPORT No action was taken. ITEMS FROM COUNCIL Councilmember Presley provided an update regarding ticket sells of The Polar Express. He expressed that as of today ticket sells were already higher than all of last year. Councilmember Denmon thanked Staff for new street program Restore Hope. Mayor Pro Tem Chivers provided update on the Christmas Parade which was well attended and noticed many people in their pajamas. She encouraged everyone be part of the Christmas festivities and wished everyone a Merry Christmas. CITY MANAGER’S REPORT City Manager Wendy Ellis provided information regarding the following: 1) there were over 250 people in attendance at Breakfast with Santa; 2) 3rd Annual Frost Fest was well attended and it was encouraging to see the partnerships working together; and 3) trying to get support for the Reklaw community. She contacted Traylor and Associates to help out with grant applications to extend water lines to the community. Departmental reports for Development Services, Fire, Police Patrol, Utilities, Police CID, and Hot Pepper Festival 2014 Final Report were provided. Also, City Attorney Fees report was provided. BOARD APPOINTMENTS 1) Consider appointment of Ed McCoy to the Palestine Economic Development Corporation with term to expire on December 31, 2016 Councilmember Denmon made a motion, seconded by Mayor Pro Tem Chivers, to appoint Ed McCoy to the Palestine Economic Development Corporation with term to expire December 31, 2016. Upon vote, motion carried unanimously. 2) Consider reappointments of Odell Magee and John McDonald to the Palestine Economic Development Corporation with terms to expire on December 31, 2016 Councilmember Denmon made a motion, seconded by Councilmember Presley, to reappoint Odell Magee and John McDonald to the Palestine Economic Development Corporation with term to expire December 31, 2016. Upon vote, motion carried unanimously. Draft Minutes of the Work Session and Regular Meeting of December 8, 2014 Page 3 of 5 3) Consider appointments to Charter Review Committee: a. Dan Bochsler – Mayor b. Edwina Miller – Mayor c. Bob Snow – Mayor d. Sam Aryanpur, Alternate – Mayor e. Ricky Minton – District 1 f. Odell Magee – District 1 g. Allan R. Smith – District 2 h. Preston Brown – District 2 i. Donella Thomas, Alternate – District 2 j. Thelma Holland – District 3 k. James Smith – District 3 l. Mike Kelly – District 4 m. Kenneth Davidson – District 4 n. Jacque Johnston, Alternate – District 4 o. Alex Nemer II – District 5 p. Andrew Flowers – District 5 q. Bob Herrington, Alternate – District 5 r. John McDonald – District 6 s. Isaac Wynn – District 6 Councilmember Denmon made a motion, seconded by Mayor Pro Tem Chivers, to approve the appointments to Charter Review Committee as presented. Upon vote, motion carried unanimously. CONSENT AGENDA The Consent Items shall be considered for action as a whole, unless one or more Councilmembers objects. Approval of the consent agenda authorized the City Manager to implement each item in accordance with staff recommendations. 1) Consider Approval of Minutes of the Work Session and Regular Meeting of November 10, 2014 2) Consider Award of bid for Road Materials (Bid #B2015-04) Councilmember Presley made a motion, seconded by Mayor Pro Tem Chivers, to approve the Consent Agenda as presented. Upon vote, motion carried unanimously. REGULAR AGENDA Consider an Ordinance for a zoning change from R-2, Single Family Detached, Medium Density District, to RPO, Restricted Professional Office on Tracts 3, 4B, 5B, and 6, Block 862-2 of the Jacob Snively Survey located at 1101 N. Cedar Street Development Services Director Jeffrey Lyons presented summary of the zone change. Councilmember Denmon made a motion, seconded by Councilmember Price, to adopt Ordinance No. O-46-14 as presented. Upon vote, motion carried unanimously. Consider an Ordinance closing and abandoning an undeveloped street right-of-way known as Griggs Street which is generally located between W. Lacy Street and W. Roberts Street on the west side of W. Palestine Avenue. Case ROW-14-01 Development Services Director Jeffrey Lyons presented summary of the request to close an undeveloped street right-of-way. Councilmember Presley made a motion, seconded by Mayor Pro Tem Chivers, to adopt Ordinance No. O-47-14 as presented. Upon vote, motion carried unanimously. Consider an Ordinance amending Article IX. Storm Drainage and Flood Control Standards, Chapter 40 of the Palestine Development Code Public Works Director Tim Perry presented summary. Councilmember Presley made a motion, seconded by Councilmember Thompson, to adopt Ordinance No. O-48-14 as presented. Upon vote, motion carried unanimously. Draft Minutes of the Work Session and Regular Meeting of December 8, 2014 Page 4 of 5 Consider authorizing the city manager to enter into an oil, gas, and mineral lease agreement for city-owned property at the Community Forest and Palestine Airport, or to enter into a consultant services contract regarding such agreement City Manager Wendy Ellis explained that this item was on a previous agenda to allow negotiations of a lease agreement with John McDonald at city-owned property. Council had concerns that the lease was not market value and therefore, Council wants to work with a consultant to negotiate the lease. Councilmember Presley motioned that this item be discussed in closed session in order to negotiate the best deal for the City. Consider approval of a lease agreement at 719 W. Main with Kenneth Cook City Manager Wendy Ellis provided information regarding lease agreement. Mr. Cook has submitted a request to lease the property at 719 W. Main for $100.00 month with a 24 month lease agreement. In exchange Mr. Cook will make improvements to the building. Real Estate Committee recommends that Council approve the lease. Councilmember Presley made a motion, seconded by Councilmember Denmon, to authorize the City Manager to enter into a contract with Kenneth Cook DBA Ye Olde Auction based on terms and allow changes to Section 2. Rental. Paragraph B., if necessary. Upon vote, motion carried unanimously. Consider approval of a lease agreement at Palestine Mall with Trinity Valley Community College City Manager Wendy Ellis explained that Trinity Valley Community College (TVCC) is expanding and they are interested in a long-term lease agreement with the City. TVCC Board of Trustees has reviewed the lease and approved it. TVCC representatives were present and also, a drawing of the proposed improvements was presented. This will be a two Phase Project. TVCC will add classrooms and training space. TCVV is working with Texas Department of Criminal Justice (TDCJ) to take over all of the training programs. City Attorney Ron Stutes provided an update of major changes to contract including: 1) it will be a 10 year lease instead of 20 year lease and it can be extended for an additional term; 2) TVCC needed protection to get out of the lease if their programs with TDCJ went away; 3) TVCC will have the right to remove all Trade Fixtures at the termination of the lease, provided that they must repair any damage to the premises caused by removal of Trade Fixtures; 4) TVCC will furnish a dumpster or other outside receptacle for trash and refuse; 5) TVCC has the right to lease the Expansion Area from City; and 6) TVCC will lease all of Unit A from day 1. Councilmember Denmon made a motion, seconded by Councilmember Price, to approve the contract as presented. Upon vote, motion carried unanimously. Consider award of bid for sale of property located at 1101 N. Cedar Street City Manager Wendy Ellis explained that two bids were received for the sale of property located at 1101 N. Cedar Street: Kace Shirey - $6,543.21. He intends to house an organization to raise funds for Pancreatic Cancer Research, through private funds, grants and STEM based educational. Pentecom, LLC - $30,000. Renovate the building for use as an office facility. Councilmember Denmon made a motion, seconded by Councilmember Presley, to award bid to Pentecom, LLC in the amount of $30,000. Upon vote, motion carried unanimously. Consider approval of leave of absence for Councilmember Adam Harding City Manager Wendy Ellis informed that she was contacted by Councilmember Harding. He needs to take a medical leave of absence from Council and may be back towards the end of January or first meeting in February and also, he requested that his stipend be stopped during his leave. Councilmember Denmon made a motion, seconded by Mayor Pro Tem Chivers, to approve leave of absence for Councilmember Adam Harding and cease his stipend. Upon vote, motion carried unanimously. CLOSED SESSION Mayor Thomas announced that Council would go into Closed Session pursuant to Section 551.071 regarding consultation with attorney and Section 551.072 regarding deliberate real property. The time was 7:04 p.m. Consider authorizing the city manager to enter into an oil, gas, and mineral lease agreement for city-owned property at the Community Forest and Palestine Airport, or to enter into a consultant services contract regarding such agreement Draft Minutes of the Work Session and Regular Meeting of December 8, 2014 Page 5 of 5 RECONVENE IN REGULAR SESSION Mayor Thomas reconvened the Council into open session at 7:34 p.m. Councilmember Presley made a motion, seconded by Councilmember Denmon, to authorize the City Manager to sign and negotiate a mineral lease agreement for city-owned property at the Community Forest and Palestine Airport. Upon vote, motion carried unanimously. ADJOURN With no other business to come before the Council, the meeting was adjourned at 7:35 p.m. PASSED AND APPROVED THIS 9th h DAY OF MARCH, 2015. Therrell Thomas, Mayor ATTEST: Teresa Herrera, City Secretary Draft Minutes of the Special Meeting of January 9, 2015 Page 1 of 2 THE STATE OF TEXAS COUNTY OF ANDERSON CITY OF PALESTINE § § § The City Council of the City of Palestine, Texas convened in a Special Meeting on Friday, January 9, 2015 at 12:00 p.m. for the Special Meeting in the Council Chambers at City Hall, 504 N. Queen Street, Palestine, Texas, with the following people present: Mayor Therrell Thomas; Mayor Pro Tem Vickey L. Chivers; Councilmembers Vernon Denmon, Jr., Joseph Thompson, and Steve Presley; City Manager Wendy Ellis, and City Secretary Teresa Herrera. A quorum of the City Council was present. CALL TO ORDER Mayor Thomas called the Special Meeting to order at 12:00 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Mayor Thomas, and was followed by Pledge of Allegiance. CONSIDERATION OF ACTION ON THE RESIGNATION OF DISTRICT 5 COUNCILMEMBER Consider accepting the resignation of Councilmember Mark D. Price effective January 1, 2015 and declare vacancy in District 5 Councilmember Denmon made a motion, seconded by Councilmember Presley, to accept the resignation of Councilmember Mark D. Price effective January 1, 2015 and declare a vacancy in District 5. Upon vote, motion carried unanimously. INTERVIEW CANDIDATES TO FILL UNEXPIRED TERM FOR VACATED CITY COUNCIL DISTRICT 5 POSITION Council interviewed candidates: Georgia Carol Singleton, Guy Douglas Smith III, and Alex Nemer II to fill unexpired term for vacated City Council District 5 position. Candidates introduced themselves and expressed their interest to serve on the City Council. Council thanked all of the candidates and hope that whoever isn’t appointed will continue to be involved with the community. Mayor Thomas explained that the City Charter, the Council shall appoint someone within 10 days of the resignation and have at least four votes in agreement on one candidate. The special election is not an option. Staff provided a ballot to rank the candidates in order of preference from 1 (most preferred) to 3 (least preferred), to the City Council. This is not a vote. Council took a 4 minute recess. Mayor Thomas reconvened the meeting at 1:30 p.m. City Secretary Teresa Herrera read aloud outcome of the rankings. The following were the results: Candidate Nemer Singleton Smith Rank 1 I I III Rank 2 III I Rank 3 I III II CONSIDER APPOINTMENT TO FILL UNEXPIRED TERM FOR VACATED CITY COUNCIL DISTRICT 5 POSITION Draft Minutes of the Special Meeting of January 9, 2015 Page 2 of 2 Councilmember Thompson made a motion, seconded by Presley, to appoint Guy Douglas Smith III to fill unexpired term for vacated City Council District 5. Upon vote, motion carried unanimously. CALLING FOR SPECIAL CITY OFFICER ELECTION Consider an Ordinance calling for the Special City Officer Election to be held on May 9, 2015 to fill a Vacancy in the Unexpired Term of City Council District 5 City Charter does not allow for a Special City Officer Election to fill a vacancy in the unexpired term of City Council. Council has to fill the vacancy by appointment the special election is not an option. ADJOURN With no other business to come before the Council, the meeting was adjourned at 1:43 p.m. PASSED AND APPROVED THIS 9TH DAY OF MARCH, 2015. Therrell Thomas, Mayor ATTEST: Teresa Herrera, City Secretary Draft Minutes of the Work Session and Regular Meeting of January 12, 2015 Page 1 of 3 THE STATE OF TEXAS COUNTY OF ANDERSON CITY OF PALESTINE § § § The City Council of the City of Palestine, Texas convened in a Regular Meeting on Monday, January 12, 2015 at 4:30 p.m. for the Work Session in the City Hall Conference Room, and at 5:30 p.m. for the Regular Meeting in the Council Chambers at City Hall, 504 N. Queen Street, Palestine, Texas, with the following people present: Mayor Therrell Thomas; Mayor Pro Tem Vickey L. Chivers; Councilmembers Vernon Denmon, Jr., Joseph Thompson, Doug Smith and Steve Presley; City Manager Wendy Ellis, City Secretary Teresa Herrera, and City Attorney Ronald Stutes. Other staff present: Development Services Director Jeffrey Lyons and Interim Police Chief Mike Alexander. A quorum of the City Council was present. WORK SESSION Mayor Thomas called the work session to order at 4:30 p.m. Discuss proposed amendment to the regulations for sexually oriented businesses as found in the Palestine Code of Ordinances, Chapter 26, Article VII Discussion was held regarding the proposed amendment to the regulations for sexually oriented businesses. Maps were provided showing potential locations for these types of businesses which included a minimum distance of 1,000 feet from any property zoned residential uses. Interim Police Chief Mike Alexander informed that the Police Department would prefer that these types of businesses be located in one specific area instead of the entire city. Councilmember Presley proposed that the Mayor form a committee to make a recommendation to Council regarding these types of businesses and to extend the moratorium that will expire on January 20, 2015. Other Councilmembers felt that Staff had already spent many hours on this item and action needs to be taken. Council will need to take action on this item during the Regular Meeting. With no other business to come before the Council, the work session was adjourned at 5:27 p.m. CALL TO ORDER – REGULAR MEETING Mayor Thomas called the Regular Meeting to order at 5:32 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Doug Smith, and was followed by Pledge of Allegiance. PUBLIC COMMENTS, PUBLIC RECOGNITION, AND ANNOUNCEMENTS James Smith addressed Council regarding city government and new Councilmember Doug Smith. OATH OF OFFICE FOR NEWLY APPOINTED COUNCILMEMBER Doug Smith recited the Oath of Office, given by Municipal Court Judge William Curly. CONFLICT OF INTEREST DISCLOSURES No action was taken. MAYOR’S REPORT Mayor Thomas welcomed new Councilmember Smith. ITEMS FROM COUNCIL Councilmember Presley reported on the following activities at the Texas State Railroad: Read press release from Texas State Railroad the release provided ridership information and different events that take place throughout the year. Draft Minutes of the Work Session and Regular Meeting of January 12, 2015 Page 2 of 3 Councilmember Denmon informed that the meeting scheduled for January 16 & 17 have been cancelled to allow additional time to work with City Staff and get more involvement from citizens. Project Restore Hope will be rescheduled for the first weekend in February. Mayor Pro Tem Chivers reported on the following community events: Read letter from NAACP letter providing information on MLK celebration Parade on Monday, January 19th at 10:00 a.m. following the parade, participants will meet at Ben E. Keith Community Room for a program and light lunch. CITY MANAGER’S REPORT Departmental reports for Development Services, Municipal Court, and Library were provided. City Manager Wendy Ellis provided a brief update regarding the Development Services monthly report. She added that thanks to the partnership with Public Works, 20 substandard structures were demolished in 2014. Also, January 9th was National Law Enforcement Appreciation Day. The day is a national movement to show appreciation for officers and the work they do in our community. The Police Department serves more than 18,000 residents and in the month of December dispatch received 15,594 calls and officers were dispatched to 1,806 of those calls. City Manager thanked the Police Department for the work they do in the City. BOARD APPOINTMENTS Consider appointments to Charter Review Committee: a. Ray Charles Emanuel, Alternate – District 3 b. Mike Davis, Alternate – District 6 Consider appointment of Bob Herrington to Charter Review Committee replacing Andrew Flowers - District 5 Councilmember Presley made a motion, seconded by Mayor Pro Tem Chivers, to approve the appointments as presented. Upon vote, motion carried unanimously. CONSENT AGENDA 1) Consider approval of proposed Land Lease for a manufactured home for office and living quarters at the Palestine Municipal Airport Public Works Director Tim Perry presented summary of request. The proposed location is within the guidelines set by the Airport Master Layout Plan. This will be a 20 year lease with option for 20 year renewal. Council was concerned on the condition of the mobile home. Council requested that the term of the lease be changed to 10 years instead of 20 years. Mayor Pro Tem Chivers made a motion, seconded by Councilmember Presley, to approve the Consent Agenda item. Upon vote, motion carried 5-1 with Councilmember Denmon voting nay. REGULAR AGENDA Consider an Ordinance amending the regulations for sexually oriented businesses as found in the Palestine Code of Ordinances, Chapter 26, Businesses, Article VII Development Services Director Jeffrey Lyons provided a brief summary. The existing ordinance does not regulate where these types of businesses can locate. Major proposed changes include: 1) The annual fee for a sexually oriented business will be $1,400 and each employee shall pay $150.00 annual fee both fees are nonrefundable; 2) regulating the hours of operation; and 3) providing the location restricts. Staff has provided maps that include a minimum distance of 1,000 feet from any property zoned for residential uses. Councilmember Presley pointed out that any changes made will be better than the existing ordinance. The current ordinance would allow these types of businesses to locate anywhere in the City that is zoned commercial and industrial districts. Councilmember Denmon asked if City had proper staff to regulate these businesses. Development Services Director Jeffrey Lyons answered yes, the application process would start in Development Services and the Police Department would run background checks and issue the license. Draft Minutes of the Work Session and Regular Meeting of January 12, 2015 Page 3 of 3 Councilmember Denmon made a motion, seconded by Councilmember Thompson, to approve Ordinance No. O-01-15 with 1,500 feet buffer from churches, public schools, daycares and public parks, regulate hours of operations, and 200 feet minimum from the loop. Discussion followed. Councilmember Presley would like to restrict the location to the overlay zone that was originally presented. Council agreed that it is important to adopt an Ordinance that is a restrictive to these businesses. Mayor Thomas thanked City Staff and Council for all the time that was invested on this issue. City Attorney Ron Stutes reminded Council that if they adopt an ordinance they can always come back and amend it at a later meeting. Interim Police Chief Mike Alexander said that from a police prospected it would be more foreseeable to manage these types of businesses in one area. City Manager Wendy Ellis informed that the City doesn’t have any applications for these types of businesses at this time this is only an effort to be prepared, if that day ever comes and have guidelines on our books that best reflect the character of our community while we also adhere to the guidelines of the Supreme Court that we must adhere to. Upon vote, motion failed 3-3 with Mayor Thomas, Councilmembers Presley and Smith voting nay. Councilmember Smith made a motion, seconded by Councilmember Thompson, to approve Ordinance No. O01-15 within the overlay zone, more than 1,500 feet from churches, schools, child-care facilities, and public parks, more than 1,000 feet from any property zoned for residential uses, the distances shall be calculated by a straight line from the property line of the tract upon which the church, school, public park, or child-care facility is located to the closest construction (parking lot, structure, or other construction) on the tract upon which the sexually oriented business is located and limited hours of operation. Upon vote, motion carried 4-2 with Mayor Pro Tem Chivers and Councilmember Denmon voting nay. ADJOURN With no other business to come before the Council, the meeting was adjourned at 6:59 p.m. PASSED AND APPROVED THIS 9TH DAY OF MARCH 2015. Therrell Thomas, Mayor ATTEST: Teresa Herrera, City Secretary City Council City of Palestine, Texas Agenda Action Form AGENDADATE: O2I23I2O'15 AGENDASUBJECT: Renew Lease for Veterans Historic Education Center PREPAREDBY: Wendy Ellis I AGEITIDA ITEM: Dste Submitted: 10211912015 E)CIIBITS: Reouired Expenditure: Amount Budseted: Appropriation Required: BTJDGETARY IMPACT: crrY Nll,t{.q,cenAPPnoVAL: I lllX) SUMMARY: Renew lhe mall lease tor the Veterans Education Center for 36 months at ths current rate of $700 per month with $150 oer month common area maintenance. The total lease would be $850.00 per month. The terms of the lease would be from March 1, 2015 to February 28,20'18. MMENDED ON: Staff and Real Estate Committee recommends lhal Council conlinua tho currenl laase with the Veterans Service Association at the same rale and duration. City Council City of Palestine, Texas Agenda Action Form AGENDA DATE: O3/O9i 15 I AGENDA ITEM PREPARED BY: Modification of Ordinance Providing for Specialty Senrority Pay for Newly Hired Officers With Prior Full Time Paid Law Enforcement Exoerience J.M. Powell Date Submitted: | 03/04/15 EXHIBITS: Ordinance and Ordinance Modified AGENDA SUBJECT: BUDGETARY IMPACT Varies depending upon qualifications of CIry MANAGER APPROVAL: annlgnts F SUMMARY: The Palestine Police Department seeks to attract candidates with previous police experience. One matter which repeatedly has become an issue is the Seniority Pay for Newly Hired Officers with Previous Experience. Under the current interpretation, the candidate must endure a one year probationary period at the entry level pay prior to entering the Step Pay Sygtem at the level of experience granted in the ordinance. The candidate then also must endure a pay rate "freeze" for the designated number of years of service with Palestine Police Department, before being eligible for a step raise at the Police Officer level. An amendment to the ordinance is presented which would clarify and allow the incoming officer to obtain the equivalent Seniority Step Pay System based on their experience directly upon hiring, and wo,uld also allow the ofiicer to obtain an available Step Pay System increase at two years of employment with the City of Palestine. RECOMMENDED ACTION: The palestine Police Department asks that Mayor and Council approve the amended ordinance as presented ORDINANCE NO._____________ AN ORDINANCE PROVIDING FOR SPECIAL SENIORITY PAY FOR NDEWLYHIRED POLICE OFFICERS WITH PRIOR FULL-TIME PAID LAW ENFORCEMENT EXPERIENCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palestine has adopted Chapter 143 of the Local Government Code, or “Civil Service”; and WHEREAS, the City Council has the authority, under Chapter 143 and specifically § 143.041, to set seniority pay for classified positions; and WHEREAS, law enforcement personnel with experience as full-time paid officers can provide valuable service to the City and can meet leadership requirements of the department, as experience in law enforcement is an important factor in predicting the success of police officers; and WHEREAS, the City of Palestine seeks to recruit such experienced law enforcement personnel; and WHEREAS, providing seniority pay as described below will assist the City of Palestine in recruiting experienced personnel; and WHEREAS, the opportunity to advance is a crucial part of the attractiveness of the Palestine Police Department as a destination for experienced officers, which opportunity has been frustrated by the previous structure of the system of lateral hiring; and WHEREAS, the reduced pay for an officer on probation, while appropriate for entry level officers, creates an unnecessary disincentive to experienced officers who may otherwise be willing to join the Department; and WHEREAS, this ordinance is intended to explain and supplement the Palestine Police Department Step Plan Pay Scale adopted by the Council annually as part of the Budget, and; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALESTINE, TEXAS: I. That police officers hired after March 9, 2015, who possess full-time paid law enforcement experience will be placed on the City of Palestine’s Police Department Step Plan Pay Scale based on the following formula: • • Officers with full-time paid experience with any state, county, or municipal law enforcement agency in the United States that has 15 or more full-time paid officers shall be deemed to have one year of seniority with the Palestine Police Department for each year served with that agency. Officers with prior full-time paid experience with any state, county or municipal law enforcement agency in the United States that has 14 or fewer full-time paid officers shall be deemed to have one-half year’s seniority for each year served with that agency. II. Officers hired under the provisions of this ordinance are eligible for placement on their hire date in the Step Pay System according to seniority calculated under Section I, and are eligible for any available Step Pay System increases after two years of continuous employment. III. Officers hired under the provisions of this ordinance will serve a one-year probationary period. However, the compensation paid to officers will be as provided in Section II of this ordinance during the probationary period IV. The effective date of this ordinance is March 9, 2015 and will be effective until repealed by the City Council. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palestine, Texas, at a meeting held on this the 9th day of March, 2015. _____________________________ Therrell Thomas, Mayor ATTEST: APPROVED AS TO FORM: ________________________________ Teresa Herrera, City Secretary ______________________________ Ronald D. Stutes, City Attorney City Council City of Palestine, Texas Agenda Action Form AGENDADATE: AGENDA SUBIECT: PREPARED BY: EXHIBITS: 103/09/2015 AGENDAITEM Discuss and hear presentation from Mr. Steve Sussdorf who is representing a citizen's group on installing a commemorative bell tower on ciw-owned property Date 03/os/207s Roy Crouch Submitted: Aerial photo and drawing of city-owned property BUDGETARY IMPACT: CITY MANAGER APPROVAL: Required Expenditure: Amount Budgeted: Appropriall6n Required3 r LU, $00.00 $00.00 $00.00 UW SUMMARYI Mr. Steve Sussdorf has been working with a citizen's group for over a year on installing a commemorative bell tower on city-owned property located next to the historic jail. Mr. Sussdorf made a presentation on the bell tower project before the Parks Advisory Board at the February 3,2015 meeting. Parks Board members voted and passed on the bell tower being located at the historic jail location, but asked Mr. Sussdorf and his citizen group to return at a later date with more details and drawings related to this project. The Parks Board was very supportive and excited on moving forward with the commemorative bell tower project. RECOMMENDED ACTION: Staff recommends Council consider and support request from Mr. Sussdorf to utilize the cityowned property located next to the historic jail for future placement of a commemorative bell tower. Gity Council City of Palestine, Texas Agenda Action Form AGENDA DATE: AGENDA ITEM March 9, 2015 AGENDA SUBJECT: Conduct a public hearing and consider an ordinance for a specific use oermitfor a church at 410 and 412 McClellan Street. PREPARED BY: Jeffrey Lyons EXHIBITS: 1 Date Submitted: I March 5, 2015 .Zoning location map 2. Specific Use Permit Application 3. Ordinance BUDGETARY IMPACT N/A CITY MANAGER APPROVAL: [rc ' ' -'t-t' SUMMARYI ffirof410and412Mcc|e|lanStreet,hassubmittedaspecificuse permit request to construct a new church at this location. The property is zoned R-3, single family detached, high density district and is currently undeveloped. The R-3 zone allows the use of a church if approved by a specific use permit. LAND USE AND ZONING: The sunounding zoning is R-3 single family. Land uses in the immediate arca arc mostly single family with multiple vacant lots in the same block where the church is proposed to be constructed. The applicant does not have a definite time frame to when construction will begin on the church. LOT SPEGIFICS: prior to The property is cunently four separate lots which will need to be combined into one single lot at wide develooment. lf consolidated into one lot, the property will be approximately 12o-feet McClellan Street and 94-feet wide at W. Giraud Street. This lot size will limit the size of the church building due to the area needed for landscaping, setbacks and public parking' PUBLIC NOTIGE: Twenty-six notices were mailed to adjacent property owners for the specific use permit request One public comment reply form was returned in favor of the specific use permit. None have been returned in opposition. One person spoke in favor of the specific use permit during the Planning and Zoning Commission public hearing on February 2,2015. PLANNING AND ZONING COMMISSION ACTION: On February 2, 2015 the Planning and Zoning Commission conducted a public hearing and recommended approving the specific use permit subject to the following conditions: 1. The specific use permit is not transferrable to any other owner or entity; 2. The specific use permit is null and void if a building permit has not been obtained two years after approval. RECOMMENDED AGTION: lf Council determines that the use of a church at this location is appropriate and will not adversely affect the surrounding properties, the attached ordinance can be adopted for the specific use permit. Council can include or revise stipulations as recommended by the Planning and Zoning or approve the specific use permit without any conditions. ORDINANCE NO. AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR A CHURCH AT 410 AND 412 MCCLELLAN STREET WHEREAS, a public hearing was held before the Planning and Zoning Commission of the City of Palestine, Texas, on the 5th day of February, 2015, and a public hearing was held before the City Council of the City of Palestine, Texas, on the 9th day of March, 2015, at 5:30 p.m., where all interested persons were provided with an opportunity to be heard on a proposed application for a Specific Use Permit for a church at 410 and 412 McClellan Street as provided in the Comprehensive Zoning Ordinance of the City of Palestine, Texas, said hearing being held at City Hall, with all notices being given as required by law; and WHEREAS, pursuant thereto, the Planning and Zoning Commission gave written notice of such hearing to all real property owners within 200 feet of the hereinafter described territory as reflected by the last approved tax roll for the City of Palestine, and notice being given more than 10 days prior to the date of said hearing by mailing the same, properly addressed to said owners; and WHEREAS, the Planning and Zoning Commission considered all of the testimony and all persons present were given an opportunity to be heard, and made its final report in writing to the City Council; and WHEREAS, the City Council considered all of the testimony and all persons present were given an opportunity to be heard; and WHEREAS, the City Council is of the opinion that the following Ordinance should be passed and that the same is in the public interest and necessary for the promotion of health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALESTINE, TEXAS: {EXT/06319/0003/W1278967.1 } ORDINANCE GRANTING SPECIFIC USE PERMIT 410 AND 412 MCCLELLAN STREET – Page 1 I. That a Specific Use Permit to allow a church at 410 and 412 McClellan Street is granted as provided in the Comprehensive Zoning Ordinance of the City of Palestine, Texas, subject to and governed by the terms of the Ordinance. PASSED, APPROVED and ADOPTED this 9th day of March, 2015. Therrell Thomas, Mayor ATTEST: APPROVED AS TO FORM: Teresa Herrera, City Secretary {EXT/06319/0003/W1278967.1 } Ronald D. Stutes, City Attorney 200-FOOT NOTIFICATION BOUNDARY º N ELLA O CKS S JA L MCC Z ST ANT W S W N ST ST AN LELL MCC ST Subject Property W T UD S A R I G º Case Number: XZ-15-01 Applicant: Bobby J. Thomas Request: A specific use permit for a church Location: 410 and 412 McClellan Street _ ^ 200-Foot Notification Boundary Boundary of Properties Requesting Specific Use Permit for a Church Vicinity Map City Council City of Palestine, Texas Agenda Action Form 03/09/2015 AGENDA ITEM AGENDA DATE: AGENDA SUBJEGT: Budget adjustment for FY2015 PREPARED BY: L. Westgate EXHIBITS: Budget adjustment form BUDGETARY IMPACT Zero budgetary impact - Main Street Department Date Submitted: I '-'. c SUMMARY: Budget amendment FY 2015: REVENUE ACCOUNT: Misc Revenue - Main Street 010-4-1905.001 Misc Revenue - Main Street 010-4-1905.001 010-4-1905.001 Misc Revenue - Maln Street EXPENSE ACCOUNTS: AdvertisinR and Promotions 010-5-880-3110 010-s-800-5201 Christmas Activities 010-5-880-3112 Contract Services a94.70 S S 1,0s4.83 27s.oo 894.70 5 s Revenue earned to cover expenses, zero impact on budget' REGOMMENDED ACTION: Staff recommends that Council approve the proposed budget amendment' Net effect on 2015 budget is zero (-0-) dollars 1,0s4.83 27s.00 O3lO4t2O15 CIW OF PALESTINE BUDGET ADJUSTMENT ***** DEPARTMENT: *AMEN DM ENT* + * * r':. BDH#: Main Street PACKET: POSTED: Amount Account Number 010-4-1905.001 Misc Revenue - Main Street Misc Revenue - Main Street 010-4-1905.001 Misc Revenue - Main Street 010-4-1905.001 S 894.70 1,054.83 275.O0 Debit 5 Q,224.s3], D=Exp C=Rev TO: Amount Account Number 010-s-880-3110 C=Exp D=Rev FROM: s Advertising and Promotions 010-5-80G.s201 Christmas Activities 010-5-880-3L12 Contract Services Credit 5 275.00 $ 2,224.s3 REASON: Money was raised through operation of the ice rink by partner orgs, with the intention of covering costs associated with the rink. skate rentals resulted in enough money to cover expenses coded to the three exoense accounts above. This results in a zero Net effect on Budget. There is a profit amount left over of 5830 47 DEPARTMENT HEAD: DATE: FINANCE DEPT. DATE: CIry MANA6ER: DATE: COUNCIL APPROVED 894.70 1,054.83 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALESTINE, TEXAS, AMENDING THE BUDGET OF SUCH CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014; AND PROVIDING FOR SEVERABILITY. * WHEREAS, * * * subsequent to the adoption of the annual budget for the City of Palestine for the fiscal year beginning October 1, 2014, and ending September 30, 2015, the City has sustained unanticipated revenue changes and unanticipated expenditures; and WHEREAS, the City Manager has recommended that such budget be amended to reflect such revenues and expenditures in accordance with "Exhibit A" attached hereto and made a part hereof; and, WHEREAS, the City Council finds and determines that the budget should be amended as recommended by the City Manager and that such amendment to the budget is an emergency; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALESTINE, TEXAS: Section 1. The recitals contained in the preamble to the Ordinance are found to be true and correct and are hereby adopted. Section 2. The annual budget of the City of Palestine, Texas, for the fiscal year beginning October 1, 2014, and ending September 30, 2015, is hereby amended by increasing and decreasing the appropriations to the various accounts contained therein as provided in Exhibit A attached hereto and made a part hereof. Section 3. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Palestine, Texas declares that it would have passed each and every part of the same Budget Amendment Ordinance Page 1 of 2 notwithstanding the omission of any such part of this declared to be invalid or unconstitutional, or whether there be one or more parts. PASSED AND APPROVED THIS THE 9TH DAY OF MARCH, 2015. THERRELL THOMAS Mayor ATTEST: APPROVED AS TO FORM: TERESA HERRERA City Secretary RONALD D. STUTES City Attorney
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