interim city manager #2 ti -rl tcresa herrera, city ...nov 28, 2016 · will brule, council...

Will Brule, Council District #1 Mike Alexander, Interim City Manager

Mitchelllordan, Council District #2 Ti ' rI! c,!rY olr- -rl Tcresa Herrera, City SecretaryVickey L. Chivers, Council District #3 HALESTIN-tr Ronald D. stutes, City Attorneyloseph Thompson, Council District #4 &.lBAzDoug Smith, Council District #5Steve Presley, Council District #6

Bob Herrington, Mayor

NOTICE OF MEETINGCITY COUNCIL AGENDA

Monday, November 28, 2O16Work Session @ 4:30 p.m., City Hall Conference RoomRegular Meeting @ 5:30 p.m,, City Council Chambers

504 N. Queen StreetPalestine, Texas

The city council may meet in closed session regarding any item on this agenda if necessary, as

permitted by Subchapter D of Chapter 551 ofthe Texas Government Code.

woRK sEsstoN1) Discuss discontinuing the use of Fluorosilicic Acid to the drinking water. Deputy Public Works

Director Felipe Garcia2) Discuss formal disannexation petition for the properties on Highway 19 South, anncxed in 2007.

City Secretary Teresa Herrera3J Discuss status and time extension to allow mall pad sites developer to complcte due diligence

City Attorney Ron Stutes4) Update regarding Zoning Ordinance Steering Committee. Development Director Jeffrey Lyons

REGUTITR MEETINGA. CALL TO ORDER

B. INVOCATION AND PLEDGE OF ALLEGIANCEInvocation followed by Pledge ofAllegiance

C. PROPOSED CHANGES OF ACENDA ITEMS

D. PUBLIC COMMENTS. PUBLIC RECOGNITION. AND ANNOUNCEMENTS

E. CONFLICT OF INTEREST DISCLOSURES

F. PUBLIC HEARINGS1l Public Hearing regarding amendments to Appendix A, zoning, section 4.6 zoning use Graphs and

Section 3.2, General Definitions to define breweries and distillerics and determine appropriatc

zoning districts whcre distilleries are allowed to operate. Development Serviccs Director Jeffrey

LYons

G. MAYOR'S REPORT

H, ITEMS FROM COUNCIL1) Recognition bY Council.2j Update on Attendance, Upcoming Activities, and Future Development at the Texas State Railroad.

3) Update on Community Events.

I. CITY MANAGER'S REPORT1l City Attorney Fees

2) Departmental RePortaJ UtilitiesbJ CID Statistics.j Finrn." (Municipal Court, Check Register, Water Billing Summary' & Monthly Financial

Summaryl

BOARD APPOINTMENTS1) Consider board reappointments of .Julie Abston to Place 5 and Linda Williams to Place 6 to

Historic Landmarks Commission with term to expire on September 30,2018.2) Consider board appointment of MJ Dyer to Place 5 to Tourism Advisory Board with term to

expire on September 30,2018

K. CONSENT AGENDAThe Consent ltems shall be considered for action as a whole, unless one or more Councilmembcrsobjects. Approval of the consent agenda authorized the City Manager to implement each item inaccordance with staff recommendations.1J Consider approval of minutes of the Work Session and Regular Meeting of September 26, 2016.

L. REGUUIRAGENDA1J Consider discontinuing the use of Fluorosilicic Acid to the drinking water. Deputy Public Works

Director Felipe Garcia2) Consider formal disannexation petition for the properties on Highway 19

2007. City Secretary Teresa Herrera3l Consider time extension to allow mall pad sites developer to complete

South, annexed in

due diligence. CityAttorney Ron Stutes

4l Consider an ordinance amending Appendix A, Zoning, Section 4.6 Zoning Use Graphs and Section3.2, General Definitions to define breweries and distilleries and determine appropriate zoningdistricts where distilleries are allowed to operate. Development Services Director Jeffrey Lyons

M. CLOSED SESSION

Council will go into Closed Session pursuant to Section 551.074 regarding personnel matters andSection 551.071 to consult with city attorney; pending or contemplated litigation:1) Discuss the appointment, employmen! evaluation, reassignment, duties, discipline, or dismissal

ofthe City Manager; specifically, employment contract with City Manager Mike Alexander.2l Discuss Employee and Organizational Development Process including appointment,

employment, evaluation, reassignment, duties, discipline, or dismissal ofthe city employees.

3) Discuss pending litigation (City of Palestine v. lerry Laza, Cause No' DCCV16-356-349, 349th

District Court, Anderson County).

N. RECONVENE IN REGULAR SESSION1) Take any action necessary regarding appointmenl employment, evaluation, reassignment,

duties, discipline, or dismissal of the City Manager; specifically, employment contract with City

Manager Mike Alexander.2J Take any action necessary regarding Employee and Organizational Development Process

including appointment, employment, evaluation, reassignment, duties, discipline, or dismissal ofthe city employees.

3) Take any action necessary regarding pending litigation (City of Palestine v. Jerry Laza, Cause No.

DCCV16-356-349, 349th District Court, Anderson Countyl.

O. ADIOURN

CERTIFICATION

Herrera, Ciry Secretary

In compliance with the Americans with Disabilities Act, the City of Palestine will provide forr"".on.bl" accommodations for persons attending City Council meetings. Requests foraccommodations or interpretive services must be made 48 hours prior to the meetings. Please contact

the City secretary's oflice for turther information at 903-731'8414.

of 1

TO: Mayor and members of the City Council

FROM: Jeffrey Lyons, Development Services Director

DATE: 11-21-2016

RE: Zoning Ordinance Steering Committee Volunteers

For consideration of appointment to the Zoning Ordinance Steering Committee, the

following individuals would like to serve as a non-voting members representing their

respective board and commission:

1. Planning and Zoning Commission: Bob Snow

2. Historic Landmarks Commission: Julie Abston

3. Zoning Board of Adjustments and Appeals: Christie Scroggins

4. Main Street Advisory Board: Jean Mollard

The Zoning Consultant will be present during the December 12th Council meeting to give a

brief presentation to the City Council, Planning and Zoning Commission, and Zoning

Ordinance Steering Committee on the process and timeline of the zoning ordinance rewrite.

10

Criminal Investigation Division

Case Status

Active

Inactive

Closed

Cleared by Arrest 538

33

Palestine Police Department

515 682

78627

October 2016 Statistic Report

LY

871

151

YTD

740

59

Month

62

0

261Motor Vehicle Theft

1

1

29

8

162

Sexual Assault

Robbery

Assault

Burglary

Larceny

Offenses Known to Police Month YTD LY

Filed in Municipal Court

Referred to District Attorney

Unfounded

203

32

2

Uniform Crime Reporting

592

4

687

6

68

YTD vs LY

Homicide 2 2 2

38

24

18

403

132

53451

28

16

382

97

0

100

200

300

400

500

600

700

800

900

1000

Active Inactive Closed Cleared byArrest

Filed inMunicipal

Court

Referred toDistrict

Attorney

Unfounded

YTD

LY

Non-Parking Parking State Law Ordinance

2 Dispositions Prior to Trial:

A Bonds Forfeited 0 0 0 0 0

B Fined 71 0 21 2 94

C Cases Dismissed 1 0 0 2 3

Total Dispositions Prior to Trial 72 0 21 4 97

3 Dispositions at Trial:

A Plea of Guilty or Nolo Contendere 42 0 17 3 62

B1 Guilty by Judge 0 0 2 0 2

B2 Not Guilty by Judge 0 0 0 0 0

C1 Guilty by Jury 0 0 0 0 0

C2 Not Guilty by Jury 0 0 0 0 0

D Dismissed at Trial 1 0 3 2 6

Total Dispositions at Trial 43 0 22 5 70

4 Cases Dismissed:

A After Driver Safety Course 12 0 0 0 12

B After Deferred Disposition 1 0 1 3 5

C After Proof of Financial Responsibility 4 0 0 0 4

D Compliance Dismissal 11 0 2 0 13

Total Categorized Dismissals 28 0 3 3 34

5 Community Service Ordered: 0 0 0 0 0

6 Cases Appealed 3 0 1 0 4

Totals 2,3,4,5 143 0 46 12 201

7 Juvenile Activity 8. DL Suspension Hearings 0

9. Property Hearings 0

A ABC Code Offenses (Non-Driving) 2 10. Search Warrants Issued 0

B DUI Alcohol 0 11. Arrest Warrants Issued 67

C Health and Safety Code (Tobacco) 1 12. Capias Pro Fine Issued 17

D Transportation Code 3 13. Total Magistrate Warnings Given 23

E Truancy/Failure to attend Hearings 0 A. Class C Misdemeanors Only 11

F Non-Traffic Offenses 1 B. Felonies/A and B Misdemeanors 0

G Waive Jurisdiction on Non-Traffic 0

H Education Code 0 Total Court Fines and Fees $35,030.56

The Total Court Fine and Fees amount includes both City Revenue and State Revenue.

1

Juvenile Activity and Other Magistrate Functions

Caseload Reporting - Primary Activity of the Court

New Cases Filed During Month 191 0 79 10 280

City of Palestine

Official Municipal Court Monthly Report

Month of October 2016

Traffic Misdemeanors Non-Traffic MisdemeanorsTotal

14-15 15-16 16-17 13-14 15-16 16-17

October 266 384 280 October 29,745.14$ 42,495.19$ 35,030.56$

November 164 270 November 20,476.15$ 38,309.88$

December 164 224 December 22,497.54$ 32,434.86$

January 159 353 January 27,159.26$ 35,552.43$

February 171 313 February 52,320.43$ 77,316.28$

March 171 413 March 51,025.52$ 59,041.38$

April 158 342 April 30,707.84$ 46,527.73$

May 216 263 May 37,273.85$ 39,585.37$

June 283 329 June 27,748.61$ 44,015.46$

July 286 288 July 28,609.09$ 42,794.02$

August 177 261 August 30,106.09$ 37,448.60$

September 286 246 September 33,214.36$ 39,863.13$

Total 2501 3686 280 Total 390,883.88$ 535,384.33$ 35,030.56$

City of Palestine Municipal Court

Activity Report - FY 2015 - 2016

Charges Filed

All Tickets and Other Complaints (Fail to Appear, School Cases, etc.)

Revenue

050

100150200250300350400450

Charges Filed in Municipal Court

14-15

15-16

16-17

$- $10,000.00 $20,000.00 $30,000.00 $40,000.00 $50,000.00 $60,000.00 $70,000.00 $80,000.00 $90,000.00

Revenue By Month

13-14

15-16

16-17

Where the Money Goes:

State of Texas 11,263.85$

City of Palestine 23,141.01$

Collection Agency 535.23$

OMNI 90.47$

Total Collections 35,030.56$

32%

66%

2% 0%

State of Texas

City of Palestine

Collection Agency

OMNI

11/08/2016 4:43 PM COFFRPT Page: 1 Citation Date: 10/01/2016 - 10/31/2016 Summary--------------------------------------------------------------------------------

Beginning Citation Date........: 10/01/2016 Ending Citation Date...........: 10/31/2016

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

11/08/2016 4:43 PM COFFRPT Page: 2 Citation Date: 10/01/2016 - 10/31/2016 Summary-------------------------------------------------------------------------------- 1111 DEFECTIVE LICENSE PLATE LIGHT Statute:

Totals for Offense Number of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $10.00 Number of Citations to Juveniles....: 0

Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 1220 PUBLIC INTOXICATION Statute: PENAL CODE 49.02

Totals for Offense Number of Citations for Offense.....: 6 Number of Violations for Offense....: 6 Amount of Fines/Fines Assessed......: $1,630.00 Number of Citations to Juveniles....: 0

Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 1452 USE OF SIDEWALK Statute: TRANS CODE 552.006


Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 2090 SALE OF TOBACCO PRODUCTS TO A MINOR Statute: HEALTH & SAFETY CODE 161.082


Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 2100 POSSESSION OF DRUG PARAPHERNALIA Statute: 481.125 H&S Code



Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3006 RAN STOP SIGN Statute: 544.010


Number of Citations to Minors.......: 1-------------------------------------------------------------------------------- 3007 RAN RED LIGHT Statute: TRC 544.007


Number of Citations to Minors.......: 1-------------------------------------------------------------------------------- 3009 CHANGED LANE WHEN UNSAFE Statute: TRC 545.060


Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3025 FAIL TO MAINTAIN FINANCIAL RESP. 2ND OFFENSE Statute: 601.191

Totals for Offense

11/08/2016 4:43 PM COFFRPT Page: 4 Citation Date: 10/01/2016 - 10/31/2016 Summary-------------------------------------------------------------------------------- Number of Citations for Offense.....: 4 Number of Violations for Offense....: 4 Amount of Fines/Fines Assessed......: $2,264.00 Number of Citations to Juveniles....: 1

Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3038 OPEN BED - UNDER 18 YEARS OF AGE Statute: 545.414


Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3049 FAIL TO MAINTAIN FINANCIAL RESPONSIBILITY Statute: 601.191


Number of Citations to Minors.......: 5-------------------------------------------------------------------------------- 3050 FAIL TO CONTROL SPEED Statute: 545.351


Number of Citations to Minors.......: 2-------------------------------------------------------------------------------- 3055 FAIL TO YIELD ROW TURNING LEFT Statute: 545.152

Totals for Offense Number of Citations for Offense.....: 2

11/08/2016 4:43 PM COFFRPT Page: 5 Citation Date: 10/01/2016 - 10/31/2016 Summary-------------------------------------------------------------------------------- Number of Violations for Offense....: 2 Amount of Fines/Fines Assessed......: $498.20 Number of Citations to Juveniles....: 0

Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3056 FAIL TO YIELD ROW (PRIVATE DRIVE/ALLEY ,BUILDING) Statute: 545.155


Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3057 FAIL TO YIELD ROW TO EMERGENCY VEHICLE Statute: 545.156


Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3059 DISREGARD OFFICIAL TRAFFIC CONTROL DEVICE Statute: TRC 544.004


Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3070 FAIL TO DRIVE IN A SINGLE LANE Statute: TRC 545.060

Totals for Offense Number of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $249.10

11/08/2016 4:43 PM COFFRPT Page: 6 Citation Date: 10/01/2016 - 10/31/2016 Summary-------------------------------------------------------------------------------- Number of Citations to Juveniles....: 0

Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3089 DROVE CENTER LANE (NOT PASSING/NOT TURNING LEFT) Statute: TRC 545.060


Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3103 NO DRIVER'S LICENSE (OVER 18 YOA) Statute: TRC 521.021


Number of Citations to Minors.......: 8-------------------------------------------------------------------------------- 3104 DRIVING WHILE LICENSE INVALID Statute: SEC 521.457


Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3162 DEFECTIVE HEAD LAMPS Statute: 547.801


Number of Citations to Minors.......: 0

11/08/2016 4:43 PM COFFRPT Page: 7 Citation Date: 10/01/2016 - 10/31/2016 Summary---------------------------------------------------------------------------------------------------------------------------------------------------------------- 3204 PASSING AUTHORIZED EMERGENCY VEHICLE Statute: TRC 545.157


Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3259 EXPIRED OPERATOR'S LICENSE Statute: TRC 522.001


Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3263 FAIL TO DISPLAY DRIVER'S LICENSE Statute: TRC521.025


Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3288 FAIL TO YIELD ROW CHANGING LANES Statute: TRC 545.061


Number of Citations to Minors.......: 0--------------------------------------------------------------------------------

11/08/2016 4:43 PM COFFRPT Page: 8 Citation Date: 10/01/2016 - 10/31/2016 Summary-------------------------------------------------------------------------------- 3313 RECKLESS DRIVING Statute: TRC 545.401


Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3323 OPEN CONTAINER Statute: 49.031 PC


Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3333 VIOLATE PROMISE TO APPEAR Statute: TRC 543.009


Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3337 FAILURE TO APPEAR/BAIL JUMPING Statute: PC 38.10


Number of Citations to Minors.......: 1-------------------------------------------------------------------------------- 3365 PERMITTED UNLICENSED DRIVER TO DRIVE/NON-GUARDIAN Statute: TRC 521.458



Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3586 SPEEDING ABOVE POSTED LIMIT Statute: TRC 545.351


Number of Citations to Minors.......: 7-------------------------------------------------------------------------------- 3596 SPEEDING IN A SCHOOL ZONE Statute:


Number of Citations to Minors.......: 1-------------------------------------------------------------------------------- 3656 EXPIRED REGISTRATION Statute: TRC 502.407


Number of Citations to Minors.......: 1-------------------------------------------------------------------------------- 4000 DIGGING OUT Statute: SEC 94-62

Totals for Offense

11/08/2016 4:43 PM COFFRPT Page: 10 Citation Date: 10/01/2016 - 10/31/2016 Summary-------------------------------------------------------------------------------- Number of Citations for Offense.....: 2 Number of Violations for Offense....: 2 Amount of Fines/Fines Assessed......: $657.00 Number of Citations to Juveniles....: 0

Number of Citations to Minors.......: 1-------------------------------------------------------------------------------- 4203 MINOR IN POSSESSION OF TOBACCO PRODUCTS Statute: 161.252


Number of Citations to Minors.......: 1-------------------------------------------------------------------------------- 4310 PARK CURFEW Statute: 86-128


Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 4320 TRUCK ROUTE VIOLATION Statute: SEC 94-145


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 of Citations for Offense.....: 1

11/08/2016 4:43 PM COFFRPT Page: 11 Citation Date: 10/01/2016 - 10/31/2016 Summary-------------------------------------------------------------------------------- Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $216.00 Number of Citations to Juveniles....: 0

Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 1180A D.O.C.-EXPOSURE Statute: PC 42.01 (10)


Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3015F DROVE WRONG SIDE OF ROAD Statute: TRC 545.055


Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3031B CHILD < 8 UNLESS TALLER THAN 4'9" NOT SECURED BY SAFETY SEAT SYSTEM Statute: TRC 545.412


Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3052A FAIL TO YIELD AT STOP INTERSECTION Statute: 545.151

Totals for Offense Number of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $249.10

11/08/2016 4:43 PM COFFRPT Page: 12 Citation Date: 10/01/2016 - 10/31/2016 Summary-------------------------------------------------------------------------------- Number of Citations to Juveniles....: 0

Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3103A NO DRIVER'S LICENSE (18 YOA & UNDER) Statute: TRC 521.021


Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3663A DISPLAY WRONG,FICTITIOUS,ALTERED OR OBSCURED INSIGNIA Statute: 502.475


Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 4310A CURFEW HOURS FOR MINORS Statute: 74-301


Number of Citations to Minors.......: 0--------------------------------------------------------------------------------

Totals for Offense Level Total Citations for Offense Level...: 207 Total Violations for Offense Level..: 252 Amount of Fines/Fines Assessed......: $60,302.60 Total Citations to Juveniles........: 4

Total Citations to Minors...........: 25-------------------------------------------------------------------------------- Grand Totals


Total Number of Citations...........: 207 Total Number of Violations..........: 252 Total Amount of Fines/Fines Assessed: $60,302.60 Total Number of Citations Juveniles.: 6

Total Number of Citations Minors....: 29

Total Number of Offenses

Draft Minutes of the Work Session and Regular Meeting of September 26, 2016

Page 1 of 7

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, September 26, 2016 at 4:00 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 Bob Herrington; Mayor Pro Tem Joseph Thompson; Councilmembers Will Brule, Mitchell Jordan, Vickey L. Chivers, Doug Smith, and Steve Presley; Interim City Manager Mike Alexander, City Secretary Teresa Herrera, and City Attorney Ronald Stutes. Other staff present: Development Services Director Jeffrey Lyons, PEDC Director Tom Manskey, Parks & Recreation Director Roy Crouch, Communications and Best Practices Officer Nate Smith, and Public Works Director Tim Perry.

All Councilmembers were present for the Work Session and Regular Meeting. Councilmember Jordan arrived at 4:48 p.m. WORK SESSION Mayor Herrington called the work session to order at 4:03 p.m. Discuss proposed budget for fiscal year 2016-2017, specifically Hot Pepper Festival and Fireworks. Finance Director Steve Groom led discussion. A proposed budget was filed on August 26, 2016. Council discussed unbudgeted items and events. Council will discuss further in Regular Meeting. Discuss leasing the vacant buildings on the 800 block of Oak Street and some of the surrounding land to the Texas State Railroad Society. Council held lengthy discussion regarding leasing the vacant building. The Texas State Railroad Society will improve the building and add A/C units to them. Discuss creating a Zoning Steering Committee. Development Services Director Jeffrey Lyons reminded Council regarding appointments to Zoning Steering Committee.

Discuss an ordinance amending Article V., “Air Pollution”, Division 2., “Smoking”, of the Code of Ordinance, by

amending the regulations prohibiting tobacco in parks.

Council had directed City Attorney Ron Stutes to draft an amending ordinance to regulate prohibiting tobacco

in parks. The ordinance was drafted; Council reviewed the ordinance and will take action during Regular

Meeting.

Discuss donation request of water to aid in the construction of the soccer fields by Palestine YMCA.

Public Works Director Tim Perry received a request for water donation to aid in the construction of the

soccer fields by Palestine YMCA. Council cannot donate water. Council will vote on this item during Regular

Meeting.

Discuss new rates decrease by 3.98% to existing solid waste fees. Item was discussed. With no other business to come before Council the work session was adjourned at 5:17 p.m. CALL TO ORDER – REGULAR MEETING


Page 2 of 7

Mayor Herrington called the Regular Meeting to order at 5:32 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Rev. Jonathan Strange of New Fellowship Christian Church, and was followed by Pledge of Allegiance. PROPOSED CHANGES OF AGENDA ITEMS No changes. PUBLIC COMMENTS, PUBLIC RECOGNITION, AND ANNOUNCEMENTS James Smith addressed Council regarding to City Government including the Farmers Market and the Palestine Mall. James Taylor addressed Council regarding Gillespie Road and presented a 12 signature petition to keep Gillespie Road a two-way street. Corporal Ricki Baker was recognized for his promotion to the rank of Sergeant. Baker was pinned by his mother. HR Manager Susie Streb and School Resource Officer/Police Chaplain Joe Tinsley were recognized for becoming Certified Mediators through the Dispute Resolution Center. CONFLICT OF INTEREST DISCLOSURES No action was taken. PUBLIC HEARING Conduct a public hearing regarding a specific use permit to allow a church/place of worship at 2110 Court Drive. This property is zoned R-1, Single Family Detached, Low Density District and is generally located approximately 360-feet east of the intersections of Court Drive and Buttermilk Drive, on the south side of Court Drive. Development Services Director Jeffrey Lyons informed that a request was received for a specific use permit to operate a church/place of worship out an existing building located at 2110 Court. Drive. The property is currently zoned R-1, Single Family Detached, Low Density District and is approximately .3 acres. The building is currently unoccupied and is being renovated to accommodate the use of a church. Churches are allowed to operate in residential zones only by approval of a specific use permit. 16 notices were mailed to property owners within 200-feet of the property requesting the variance. One was returned in opposition and none in favor. The Planning Commission voted unanimously to approve the request with the condition that a solid fence is constructed on the west side of the property which will provide a buffer between the church and the adjacent residence. Mayor Herrington opened the public hearing at 5:48 p.m., asked for anyone speaking for or against the request to do so. Shelley Joyce spoke against the request. With no other speaker, Mayor Herrington closed the public hearing at 5:50 p.m. Conduct a public hearing regarding a specific use permit to allow a multi-family apartment complex on 13.911 acres zoned C-4, Highway Commercial being a part of Reserve A of the C&P Subdivision and a tract of land recorded in Volume 2189, Page 585 of the Anderson County Deed Records. The 13.911 acres are generally located approximately 245 feet south of the terminus of Post Oak Blvd. Development Services Director Jeffrey Lyons informed that a request was received for a specific use permit to allow a multi-family apartment complex on 13.911 acres zoned C-4, Highway Commercial. Infrastructure such as public water, sewer, and street access will be provided by the developer after subdivision plat approval. Surrounding land uses include commercial (First State Bank and Trust) to the north, commercial (Comfort Inn) to the west, and vacant land to the east and south. Four notices were mailed to property owners within 200-feet of the property requesting the specific use permit. None have been returned in favor or opposition. The Planning and Zoning Commission recommended approval of the specific use permit as requested.


Page 3 of 7

Mayor Herrington opened the public hearing at 5:52 p.m. and asked for anyone speaking for or against the request to do so. With no one speaking, Mayor Herrington closed the public hearing at 5:53 p.m. MAYOR’S REPORT Mayor Herrington provided an update on boards and commissions. He added that he is very proud of City Staff and their efforts to be transparent and adding the transparent tab on the City’s webpage. ITEMS FROM COUNCIL Council recognized Gerri Schattel with Paint Palestine Pink. Paint Palestine Pink was founded in August 2010 as a non-profit organization. Their goal is to increase breast cancer survival rate by providing mammograms to women and men that are uninsured and underinsured. All money raised by this organization is used locally. The 6th Annual Paint Palestine Pink Walk/Run will take place on October 1, 2016. Council recognized Paul Jones of Court Drive Church of Christ for all of his volunteer work within the community to help those affected by the April 30th flood. Adam Harding presented the certificate. Councilmember Presley reported on the following activities at the Texas State Railroad:

The Pumpkin Patch Express runs every Saturday and Sunday from the Rusk Depot during October; The Fall Foliage Brunch Train on Sunday, November 6 at 10:15 a.m. from the Palestine Depot; and The Polar Express Train Ride begins on Friday, November 18 – Friday, December 23 from the

Palestine Depot. Councilmember Jordan informed that on Tuesday, September 27 at 6:30 p.m. at New Fellowship Christian Church, a Community Garden meeting will take place. Councilmember Chivers informed that she was invited and attended the 110th Anniversary of New Fellowship Christian Church. Also, a town hall meeting was held at Washington School and it was well attended. CITY MANAGER’S REPORT Interim City Manager Alexander informed that directors were present to address questions from Council. Councilmember Brule commended the Police Department for the increase number in citations issued. Councilmember Jordan thanked Public Works for taking care of Dye Street. Councilmember Presley thanked Tourism/Marketing for the information that was provided. Marketing Manager Mary Raum presented a brief summary of the Tourism/Marketing report. City attorney fees, Municipal Court, Finance (Check summary & financials), Utility Billing, Development Services, Library, Facility Maintenance, Police CID, Parks & Recreation, Civic Center, and Tourism/Marketing departmental report were provided. BOARD APPOINTMENTS Consider board reappointments with term to expire on September 30, 2018:

a) Edwina Miller to Place 5, Dan Davis to Place 6, and Alex Nemer II to place 7 to Planning and Zoning Commission;

b) Anne Coleman to Place 5 and Diane Davis to Place 6 to Parks Advisory Board; and c) Jordan Byrd to Place 6 to Main Street Advisory Board.

Councilmember Brule made a motion, seconded by Councilmember Chivers, to reappoint Dan Davis and Alex

Nemer II to Planning and Zoning Commission with term to expire on September 30, 2018. Upon vote, motion

carried unanimously.


Page 4 of 7

Councilmember Brule made a motion, seconded by Mayor Pro Tem Thompson, to reappoint Anne Coleman

and Diane Davis to Parks Advisory Board with term to expire on September 30, 2018. Upon vote, motion


Mayor Pro Tem Thompson made a motion, seconded by Councilmember Brule, to reappoint Jordan Byrd to

Main Street Advisory Board with term to expire on September 30, 2018. Upon vote, motion carried

unanimously.

Consider board appointment with term to expire on September 30, 2018:

a) Billy Joe Miller replacing John McDonald to Place 7 to Parks Advisory Board; and b) Tracy Torma replacing Robert Lane to Place 5 and Bette Pollock replacing Larissa Loveless

to Place 7 to Main Street Advisory Board. Councilmember Chivers made a motion, seconded by Councilmember Smith, to appoint Billy Joe Miller to

Parks Advisory Board with term to expire on September 30, 2018. Upon vote, motion carried unanimously.

Councilmember Brule made a motion, seconded by Councilmember Presley, to appoint Tracy Torma and

Bette Pollock to Main Street Advisory Board with term to expire on September 30, 2018. Upon vote, motion


Councilmember Chivers informed that she had a problem with Edwina Miller serving on Planning and Zoning

Commission. Interim City Manager Alexander informed that an investigation was conducted by the Police

Department regarding the allegations against Mrs. Miller. Police Department was not able to sustain the

allegations. The case was closed and Mrs. Miller was informed of the allegations.

Councilmember Jordan made a motion, seconded by Councilmember Smith, to postpone reappointment of

Edwina Miller to Planning and Zoning Commission until the next regular meeting. Upon vote, motion carried

6-1 with Mayor Pro Tem Thompson voting nay.

CONSENT AGENDA

1) Consider approval of minutes of the Work Session and Regular Meeting of August 8, 2016. 2) Consider approval of minutes of the Work Session of August 9, 2016. 3) Consider approval of minutes of the Work Session of August 10, 2016. 4) Consider approval of minutes of the Work Session of August 15, 2016. 5) Consider a resolution authorizing the city manager to execute an agreement with Texas

Department of Transportation for the temporary closure of State Right-of-Way on October 22, 2016.

Councilmember Smith made a motion, seconded by Mayor Pro Tem Thompson, to approve Consent Agenda as

presented, adopting Resolution No. R-21-16. Upon vote, motion carried unanimously.

REGULAR AGENDA 2nd reading of a Resolution regarding Palestine Economic Development Corporation and City of Palestine

notice of intention to grant:

a) $9,700 to Palestine ISD; and

b) $40,300 to Palestine YMCA.

Mayor Herrington read aloud the 2nd reading of a Resolution regarding Palestine Economic Development

Corporation and City of Palestine notice of intention to grant $9,700 to Palestine ISD and $40,300.


Page 5 of 7

PEDC Asst. Director Greg Laudadio informed that item will come back to Council for final approval in 60 days.

Consider adoption of Tax Abatement Policy.

PEDC Director Tom Manskey provided a summary. Mayor Pro Tem Thompson made a motion, seconded by

Councilmember Jordan, to table item until after the closed session. Upon vote, motion carried unanimously.

Consider PEDC financial support to develop “Quiet Zone” in Downtown Palestine.

PEDC Director Tom Manskey informed that the PEDC Board has a strong desire to grow business in

downtown and believes the creation of a Quiet Zone will help achieve this goal. Therefore at its September

meeting the Board voted in contributing $10,000 to support the project.

Councilmember Brule made a motion, seconded by Mayor Pro Tem Thompson, to approve $10,000 for Quiet

Zone, financial support from PEDC. Upon vote, motion carried unanimously.

Consider leasing the vacant buildings on the 800 block of Oak Street and some of the surrounding land to the

Texas State Railroad Society.

No action.

Consider an ordinance amending Article V., “Air Pollution”, Division 2., “Smoking”, of the Code of Ordinance,

by amending the regulations prohibiting tobacco in parks.

City Attorney Ron Stutes provided a summary. Councilmember Presley made a motion, seconded by Mayor

Pro Tem Thompson, to approve Ordinance No. O-17-16 as presented. Upon vote, motion carried

unanimously.

Consider donation request of water to aid in the construction of the soccer fields by Palestine YMCA.

Public Works Director Tim Perry provided a summary. Councilmember Presley made a motion, seconded by

Mayor Pro Tem Thompson, to sell bulk water to Palestine YMCA to aid in the construction of the soccer fields

for $1 per thousand gallons until the end of the year or the water well is built. Upon vote, motion carried

unanimously.

Consider new rates decrease by 3.98% to existing solid waste fees.

Public Works Director Tim Perry provided a summary. Councilmember Smith made a motion, seconded by

Councilmember Presley, to keep the current solid waste fees. Upon vote, motion carried unanimously.

Consider an ordinance converting Gillespie Street into a one way street from S. Sycamore to S. Jackson.

Public Works Tim Perry informed that Staff could make some repairs to Gillespie Street to help remedy the

concerns and make it a safer street.

Consider a specific use permit to allow a church/place of worship at 2110 Court Drive. This property is zoned

R-1, Single Family Detached, Low Density District and is generally located approximately 360-feet east of the

intersections of Court Drive and Buttermilk Drive, on the south side of Court Drive.

Development Services Director Jeffrey Lyons informed that Staff recommends approval of the request. Mayor

Pro Tem Thompson made a motion, seconded by Councilmember Chivers, to deny the specific use permit

allowing a church/place of worship at 2110 Court Drive. Mayor Pro Tem Thompson withdrew his motion,

Councilmember Chivers withdrew her second. City Attorney Stutes will do some additional research

regarding the Religious Land Use. No action taken.


Page 6 of 7

Consider a specific use permit to allow a multi-family apartment complex on 13.911 acres zoned C-4,

Highway Commercial being a part of Reserve A of the C&P Subdivision and a tract of land recorded in Volume

2189, Page 585 of the Anderson County Deed Records. The 13.911 acres are generally located approximately

245 feet south of the terminus of Post Oak Blvd.

Development Services Director Jeffrey Lyons presented a summary. Councilmember Presley made a motion,

seconded by Councilmember Brule, to adopt Ordinance No. O-18-16, allowing a multi-family apartment

complex. Upon vote, motion carried unanimously.

Consider an Ordinance creating a Zoning Steering Committee to assist with the comprehensive zoning

ordinance update.

Development Services Director Jeffrey Lyons provided a summary. Councilmember Presley made a motion,

seconded by Councilmember Chivers, to form a Zoning Steering Committee which shall consist of seven

voting members one from each Council District and one at large; and an additional five non-voting members,

one from each of the following: Planning & Zoning, Zoning Board of Adjustments and Appeals, Main Street

Advisory, Historic Landmarks, and City Council. Upon vote, motion carried unanimously.

Consider adopting proposed benefit changes as recommended by Gallagher Benefit Services.

Jerry Guy with Gallagher Benefit Services led discussion. He informed that the City of Palestine has one of the better benefit level and cost perspective plans. The following action steps are to be undertaken and implemented effective January 1, 2017, and will remain in effect until subsequently revised during future budget and strategic planning cycles:

1) The City will fund the medical/rx and dental plans as follows: a. City contribution – Medical

Employee only 100%

Employee and dependents 80% of the cost to add dependents

b. City contribution – Dental

Employee only 100%

Employee and dependents 25% of the cost to add dependents

2) The City will modify the group medical/rx plans as follows:

a. Change in calendar year deductible;

b. Elimination 100% corridor benefit;

c. Increasing the out-of-pocket maximum to the 2017 IRS allowable;

d. Modifying prescription drug co-pays and adopting PBM’s Prior Authorizations, Step

Therapies, and Dispensed as Written protocols; and

e. Authorize the City to stock and dispense a specific list of OTC drugs on site.

3) The City will modify its Wellness Program non-participation penalty policy to include the following:

a. TRIA pharmaceutical consumerism outreach program; and

b. Health First disease management initiative for chronic disease.

Councilmember Presley made a motion, seconded by Councilmember Smith, to approve the plan as

presented. Upon vote, motion carried 6-1 with Mayor Pro Tem Thompson voting nay.

Consider an Ordinance adopting the Fiscal Year 2016-2017 Annual Budget.

Finance Director Steve Groom informed that a balanced budget was presented. Council had several questions

regarding budget and not ready to approve the budget.

Councilmember Smith made a motion, seconded by Councilmember Chivers, to adopt the annual budget for

Fiscal Year 2016-2017. Councilmember Smith withdrew his motion and Councilmember Chivers withdrew

her second.


Page 7 of 7

No action taken.

Consider an Ordinance providing for the assessment, levy, and collection of Ad Valorem Taxes for 2016-2017.

a) For the maintenance and support of general government (General Fund) b) For the payment of accruing interest and providing for debt service of bonded indebtedness c) To adopt a maintenance and operations rate of $0.543094/$100 d) To adopt a debt service rate of $0.105796/$100 e) To adopt the proposed tax rate of $0.64889/$100 (record vote)

No action taken.

CLOSED SESSION No Closed Session. Council will go into Closed Session pursuant to Section 551.072 regarding deliberation of real property (the purchase, exchange, lease, or value of real property):

1) Discuss Palestine Mall.

Discuss Palestine Mall

Interim City Manager Alexander informed that the Police Department needs additional office space and he

would like with Council’s approval to relocate Code Enforcement to the mall.

Consider adoption of Tax Abatement Policy.

Council discussed. No action taken.

ADJOURN With no other business to come before the Council, the meeting was adjourned at 9:10 p.m. PASSED AND APPROVED THIS 28TH DAY OF NOVEMBER, 2016. Bob Herrington, Mayor ATTEST: Teresa Herrera, City Secretary

Action Agenda Form Page 1

City Council City of Palestine, Texas

Agenda Action Form

AGENDA DATE: 11/28/16 AGENDA ITEM

AGENDA SUBJECT: Formal disannexation petition for the properties on Highway 19 South.

PREPARED BY: Teresa Herrera Date Submitted: 11/22/16

EXHIBITS: Formal Petition

BUDGETARY IMPACT

N/A

CITY MANAGER APPROVAL:

SUMMARY: A formal petition to disannex the property on Hwy 19 South, described in appendix A,

annexed 2007 was filed with City Secretary on October 18, 2016. According property

owners wanting to be disannexed the City has made no efforts to provide basic city services

that include but not limited to: water, sewer, trash pick-up, City Police, or City Fire services,

nor maintain drainage ditches or street lights.

They request to be disannexed from the City.

RECOMMENDED ACTION: Staff recommends that Council direct Staff on steps to take regarding the petition.

A Formal Petition to the City of Palestine

We the undersigned demand that the City of Palestine, Texas disannex theproperty on Hwy. L9 South, described in appendix A, annexed 2007.

There has been no efforts in the last 9 years, on behalf of the City of Palestine tomeet the requirements to provide basic city services that include but not limited

to: water services, sewer services, trash pick-up, City Police service, or City Fire

service, maintenance of the drainage ditches, or street lights.

However for the last 9 years the City of Palestine has collected city taxes and

required us to comply with all city ordinance's and law. Which at our expense we

have complied.

Albert D. Hohlt residence address

It is our collective opinion that the City of Palestine has no intentions to meet the

stated provisions therefore we demand to be disannexed or said services

provide

Voter registration number

Paula K. Hohlt

precinct number

residence address date

Voler celr:\ ro\'' on g J)rc,rrni * 1- RECEMEDOCI I s 2gt6

,i il,;#ii.#ff&.,i,ff*

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Voter registration number precinct number

Ben Rhone residence address clate


David Ryder residence address date


Michael Thomason

precinct number

residence address dr,"t 7f,85

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James Thomas residence address date


Ben Rhone

precinct number

3qe S.s>.erePlL€srqt'F /71

residence address

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Michael Thomason residence address date




Ben Rhone residence address date


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Ben Rhone residence address date

Voter registration nu mber precinct number





James Thomas

precinct number

residence add ress

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BEGINNING AT A POINT inthccitylinia liro,f Palccioc' s@c being

in the sordr linc of a tract oumcd by Jactsonvillc Savi!$ Bank SSB, i[voluno l3l0 pogp 663;

TI{ENCE in a aorthrrtccrly diccdon' doog thc city limits lir odaloq thc ornh linc of tte Jrc.tsmvillc SwiDSp BlDk SSB tract' a dist'ncc

;ifut-a.ty 60 ft+ to a poin in tr aity linia linc' suc bcing the

ures comcr of thc Jadrsonville Savings Bant SSB tnsq

ffiENCE, in t ffitbldsly dirpction' alog 6c ctoy lirits lha abng 6'

""rS--- l-# of thc l*kroovilb SaviDg, Bols sSB tr&t, a difice of

oeroxioldv +f5 ful. to a poinr b rL city linit litrc' roc bchg in tbc

ricrr rkbof-tray of U.S. Highway 2t7;

THENCE, in a northcoccrly dircction' aloog tu^city li+j: Iirc' acroEs

U.S ffld"t"y-XZ, to "

poiot in tb ct$ right'of'way of U'S' Htbwav

igZ, d" Uiiog itt e! u,E$ line of a tnct ocm'd by Dafc ed LirdtCdcn, in votrm l$9' PrgP 577;

THENCE, ir a sodceccdy dirccrioo' dmg ths chy linits- tinc' almS' the

& dshT-'*i lir of u.S. ing*rt'zri, a ST'T or-ry-{q*Yilj i6o

" e6in in 6o citv fi#s tii", taoc *lng in-oe ca$ risbtd-

;;iis.if$."y 2t7 ari in6o norttwcs oauof atract oumed bv

noia niacr. io "otunc

1625' pags t37;

THENCE, in an ca*erly diredim' aloog the cily lhiq lioe.and along tbe

ffiri"t "it o""u iliacn uttg " aitta* of ryg'oryq1rclv 565 fect' b '

;;" l"-tffitritit"ritt ,-# uatg i" tt'o --to

linc of thc David

RirhErg

THENCB in a sorrhca$crly 'ffuccdod'

pdallcl.wib U'S' Higlmny 2t7'

;;rd"g-16"gb tte intcri& of oe ir""ia niao tct'- a- dirtancc of

;ffit "ly-156

ftcn, o a poir in tte irutio oftbc Dryid Ridcr Eacc

THENCE, in a soltrtrc.tctly dfuccd@' pa$ing {gS 6c imrior of thc

Davitl Rida tta4 a disbce;-ryPro;Edcly 33 ryt: to a pobt in thc

E;-";16.- #. oe . to"toffi t Dd,!d ed Jao€tc Spcoccr, in

votune 1627, Pagc 392;

2082

0273

THENCE, in a southwesterly direction, along an interior line in the DavidRider tracr, a distance of approximately 475 fqt" to a point in a westem

comer of the David Rider trscl same beins in the east right-of'way ofU.S. Highway 287;

TIIENCE, in a southeasterly direction, along the east riglrt'of-way of U.S.

Higbway 287, a disunce of appmximately 233 feet' to a point in the east

rightof-way of U.S. HighwaY 287;

THENCE, in a sourhwesterly direction, across U.S. Higbway 287, ro a

point in the inersection of tle west rigbt'of'way of U.S. Highway 28?'

ana tne no,rAr right-of-way of County Road 145;

THENCE, in a sourhwesterly direction, along fte north riglrt-of'way line

of Couuy noaa 145, a distanct of approximately t,l10 feet, to a point in-

G oortl ;gmof-way of County Road 145, same being in the west line ofa l.645 acre rract owred by M.T. Blacknon;

THENCE, in a northerly direction along the west line of tbe following

tracts: th€ M.T. Blackmon mct' a 3 acre and 1'365 acre tract owoed by

Al; H.ht, in volume 18?0' page 335, a tract owned by Michael

fnotuoo, in volume lS27,Wge3S1'a2 acre arrd 1'751 acre Eact owd

ill^*; Mehie Thomai in volume 1821, page 514' a distance of

aoomximatcty I,rt6O feet' to a poinl in the south dgnlll:"V of Renner

ffi; ;; i;t"s the northwesi comer of the James and Melanie Thomas

tract;

THENCE, iu a nonherly dircctioo, across Renncr Roa4 to a point in the

*uO fio" of a tract owned by Mark Henderson, in volume 1554' page

2t7:.

THSNCE in a mrthwesterly direction, aloW the -sorlh.fise of the Mark

g*i..*" "*

.ra along t# south lioe of tlie Jacksonville Savings Bank

iiS-;"L u A"tu*e of approximately 250 feet' to the Point of Beginning'

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AFFIDAVIT OF PUBLICATION

THE STATE OF TEXASCOUNTY OF ANDERSON

BEFORE ME the undersigned authority, on this day personallyappeared CLAUDIA VERETTO who, after being duly sworn by me,says upon her oath the following:

3. THAT she is an employee of the Palestine Herald Press, a

newspaper published in Anderson County, Texas and havinggeneral circulation in Anderson, Houston and Leon Counties.

4. THAT a true copy of the attached Petition-CHRIS HOLT, waspublished in said paper on the following date(s): October 1, 2016and that attached hereto is a printed copy of said document aspublished.

5. THAT said newspaper has been in general circulation for at leastone year prior to publication of said document and in every aspectanswers the requirements of the law applicable to newspaperswhich are employed to publish Legal Notices.

Claudia Veretto

SWORN TO AND SUBSCRIBED before me on this the 1sr day ofOctober, 2016.

CANDY fACKI.AMNolorY Public Slole of Texos

[Jv Cornrnission ExPilesMoY 2l . 2017

I do hereby acknowledge and do swear that I have

seen the formal petition to the City of Palestine todisannex the property on Hwy 19 south, displayed

in the following business for no less than ten days:

Blessed Beginnings Birth Center

Rhone Funeral Home

Ranger Heat and Air

Name date

fiffiff&ii?esffisrJESSICA WILHTTENOTARY PUBLICSTATE OF TEXAS

coMM. ExP Or/3O/r8


seen the formal petition to the City of Palestine to

disannex the property on Hwy 19 south, displayed

in the foltowing business for no less than ten days:


Rhone Funeral Home

Ranger Heat and Air

/ o-to */

Name date

JANET TYNI{E EA ES

Public, Statr olComm. Exoir!3 03-0/t2020

Notory lD 1305727

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Rhone Funeral Home

Ranger eat and Air

Name date

inl t'"/ta-ltQCANDY FAC(I.AMNoiorV Publrc, Slole ol lexos

Mv Commission ExPrres

lvlov 2l ' 2017





Rhone Funeral Home

Ranger Heat and Air

tn[uE A${ R€f oER

3It lD a 124776803I' Commlrsion Erpkas

o|Crrb.r 19, 20i9

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Rhone Funeral Home

Ranger Heat and Air

Name date

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Name

EAREARA SOILEAU

My Notary lD * 5986533

Expircs March 29 2020

date

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Teresa HerreraCity of PalestinePhone: (903) 73r-4414Fax: (903) 731-8485

504 N. Queen StreetPalestine, TX 75801therrera@palestine-t(.org

PAtfr$nNE.ag:jg

September 9,2016 ur*::rp1'\3'q0?

Albeft & Kris Hohlt1639 W. FM 861Elkhart, TX 75839

Dear Mrs. Hohlt:

The following language is copied from section 43.t4L of the Texas Local

Government Code. It sets out the requirements for a "petition for annexationfor failure to provide services"'

(d) The petition for disannexation must:(1) be written;(2) request the disannexation;(3) be signed in ink or indelible pencil by the

appropriatse voters ;(a) be signed by each voter as that person's name

appears on the most recent official list of registered voters;(5) contain a note made by each voLer stating the

personrs residence address and the precinct number and voter-registsration number that appear on the person's voterregistration certif icate ;

(6) describe the area to be disannexed and have a plator other likeness of the area attached; and

(7) be presented to the secretary of the municipality'(e) The signatures to the petition need not be appended to

one paper,- lfl Before the petition is circufated among the voters'

notice of the peE.ition musE be given by posting a copy o_f thepetj,tion for l-0 days in three public places in the annexed areaand by publishing a copy of the petition once in a newspaper ofg".r.ril circulation ."i.rittg tshe area before the 15th day beforeih" d.t" the petition is first circulated' Proof of the postr'ngand publication must be made by attaching to che petitionDresented to the secretary:

(1) the sworn affidavit of any voter who signed thepetition, stating the places and dates of the poseing; and

(2) the sworn affidawit of the publisher of thenewspaper in which ehe nolice was published, stating the name ofthe newspaper and the issue and date of publication.

Following this procedure will invoke certain requirements for the City andmay give you and your neighbors certain rights. You have not followed theprocesses set out in the statute, so the time periods and proceduralrequirements do not, at this time, apply.

If you wish to follow the statutory process, please let me know and we willawait yo-ur next submission. On the other hand, you may instead simplywish to present this request to the City Council and the City Manager fortheir consideration. If you prefer, we can simply forward copies of thispetition in its current form to the Council and the City Manager so they areaware of your concerns. They can then take action, or not, based on theirbest judgment. But this petition would not invoke the process set out by thestate statute.

Please let me know of your preference in this regard.

Very Truly Yours,

-Aa [lwrtroTeresa HerreraCity Secretary(903) 731-8414

Action Agenda Form Page 1


Agenda Action Form

AGENDA DATE: 11/28/16 AGENDA ITEM

AGENDA SUBJECT: Update from mall pad sites developer to complete due diligence.

PREPARED BY: Teresa Herrera Date Submitted: 11/22/16

EXHIBITS: Letter from developer

BUDGETARY IMPACT

N/A


SUMMARY:

Developer is requesting additional time to complete due diligence.

RECOMMENDED ACTION: Staff recommends that Council approval additional time to complete due diligence.

Monday, November 21, 2016

Ronald D. Stutes 110 N College 500 Plaza Twer Tyler, TX 75702 Tyler, TX 75710

RE: Palestine Mall Pad Sites

Dear Ronald,

It was good to see you at the City Council meeting.

I appreciate you forwarding me the Burke’s lease.

During our due diligence to purchase the two pad sites we have completed: 1.) Survey, 2.) Phase 1, 3.) Some engineering and grading, 4.) Requested additional title exceptions that were not initially provided by Title

Company, 5.) Reviewed the leases in the mall for restrictions, 6.) Contacted JC Penny to discuss their approval rights, 7.) Discussed with TXDoT the potential for a curb cut; and 8.) Discussed utilities with City Planning and Engineering.

It is important to note that after review, I think the City of Palestine should review the Aaron’s, Burke’s, and JC Penny leases. They all have different restrictions and approvals that will need to be obtained.

In addition to those approvals, I need: 1.) City approval of TXDoT curb cut, 2.) City approval of grading and retaining wall, 3.) Some clearing up of who is responsible for easement maintenance with self-

help rights over access and utilities, 4.) Construction Easement from the City of Palestine, 5.) Agreement on the relocation of the Palestine Mall Monument sign; and 6.) To know who is responsible with negotiating approvals from Aaron’s,

Burke’s, and JC Penny.

To date, I have still not received a Key Dates letter from the Title Company. I am not sure when the Inspection Period officially ends. As I stated at the last city council meeting, we are all going to need more time. Attached is a Key Dates and Amounts that I suggest. I am hoping that we can approve this timeline at the next City Council meeting on Monday, November 28. Please let me know if this is possible. I will be happy to come to town for the meeting. I look forward to hearing from you.

Sincerely,

John Christon

Action Agenda Form Zoning Ord. Amendments / Distilleries Page 1 of 2


Agenda Action Form

AGENDA DATE: November 28, 2016 AGENDA ITEM

AGENDA SUBJECT: Conduct a public hearing and consider amendments to the Zoning

Ordinance, Section 4.6 Zoning Use Graphs and Section 3.2, General

Definitions to define breweries and distilleries and determine

appropriate zoning districts that permit those uses.

PREPARED BY: Jeffrey Lyons Date Submitted: August 18, 2016

EXHIBITS: 1. Ordinance

BUDGETARY IMPACT

N/A


BACKGROUND

Discussion was held with an individual who is in the process of obtaining a license to operate a

distillery in an unoccupied building downtown. Upon review of the zoning ordinance, it was

determined by Staff that a distillery or a comparable use is not defined nor is included in the

zoning use graph. Prior to issuing a permit to operate a distillery, the zoning ordinance will have

to be amended to include a definition for a distillery and include which zoning districts permit

and prohibit this use.

ANALYSIS

Research from other cities regarding the regulation of a distillery suggests that there are three

main components that should be addressed in order to protect surrounding properties and the

public from any dangers associated with this type of use. Those include ensuring that the by-

products are stored and disposed properly, the necessary fire protection is in place, the building

has adequate space, and adjoining properties are insulated from any fire or health hazards.

Properties used for the operation of a distillery are generally in the industrial districts and in

central business or downtown districts. For the purpose of limiting any potential fire hazards,

areas zoned for dense retail and mixed uses will limit the production amount due to the smaller

lot sizes and the limited amount of space in downtown areas. Also, some distilleries in mixed use

area allow the public to enter the premises in order to sample the products. Industrial and

manufacturing zones normally allow a greater amount of spirits to be manufactured due to the

larger lot sizes and adjacent land uses.

In determining the zoning districts that are appropriate for the use of a distillery, zones that

allow mixed uses on a single lot where multiple buildings are connected by a common wall

specifically in the downtown should be reviewed by the Planning and Zoning Commission and

City Council on a case by case basis. Industrial zones could permit the use by right. Ultimately,

any building used as a distillery will have to comply with all health, fire, and building codes prior

to occupancy.

Action Agenda Form Zoning Ord. Amendments / Distilleries Page 2 of 2

STAFF RECOMMENDATION

If properly regulated, distilleries would be a compatible use in certain parts of the downtown

area as they along with breweries and wineries are becoming more popular in communities

throughout Texas especially in downtown and entertainment areas.

Staff recommends the following amendments to the zoning ordinance concerning the use of a

distillery:

1. Add a definition for a distillery.

A distillery shall mean an establishment or facility where alcoholic spirits are created and

or manufactured.

2. Amend the zoning use graph to include the use of a distillery.

Central Business District-- Permitted by Specific Use Permit.

I-1, I-2, Industrial Districts-- Permitted by right.

PLANNING AND ZONING COMMISSION ACTION

During the November 17, 2016 regular meeting, the Planning and Zoning Commission

conducted a public hearing, discussed the item, and recommended approval of the amendments

per the Staff recommendation shown above.

RECOMMENDED ACTION

Staff recommends adoption of the attached ordinance which will amend the zoning ordinance to

define and include the use of distilleries as shown in the staff recommendation.

AN ORDINANCE OF THE CITY OF PALESTINE, TEXAS, AMENDING THE

PALESTINE COMPREHENSIVE ZONING ORDINANCE BY PROVIDING

CERTAIN ADDITIONS UNDER SECTIONS 3.3 AND 4.6 THEREBY

REGULATING THE PERMITTED LOCATIONS FOR DISTILLERIES AND

PROVIDING A DEFINITION; AND PROVIDING FOR A PENALTY AND A

SAVINGS CLAUSE.

WHEREAS, the State of Texas has granted its municipalities zoning powers for the purpose of

promoting the public health, safety, morals, and general welfare; and

WHEREAS, the Planning and Zoning Commission did give public notice and did hold a public

hearing regarding the proposed revisions and has recommended the amendments to the ordinance, and

WHEREAS, the City Council is of the opinion that the following ordinance should be adopted and that

the same is in the public interest and necessary for the promotion of health, safety, morals, and general

welfare.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

PALESTINE, TEXAS:

I.

That Section 3.3 entitled “Uses Definitions” is amended to include the following:

11.1 Distillery: an establishment or facility where alcoholic spirits are created and or

manufactured.

That Section 4.6 entitled “Zoning Use Graph” is amended to include the following:

Zoning District CBD I-1 I-2

Distillery S P P

P=Permitted Use S=Specific Use Permit

All other zoning districts, the use of a distillery is prohibited.

II.

All other laws, ordinances, or resolutions, or parts of the same, that are inconsistent with the

provisions of this ordinance are hereby repealed to the extent of such inconsistency.

III.

In the event any part of this ordinance is declared to be invalid or unconstitutional, such

declaration shall not affect the remaining portions of the ordinance which shall remain in full force and

effect as if the portion so declared invalid or unconstitutional was not originally a part of the ordinance.

PASSED, APPROVED, and ADOPTED by the City Council of the City of Palestine, Texas, at a

regular meeting held on this the 28th day of November, 2016.

___________________________________

BOB HERRINGTON

MAYOR

ATTEST: APPROVED AS TO FORM:

_____________________________ ___________________________________

THERESA HERRERA RONALD D. STUTES

CITY SECRETARY CITY ATTORNEY

interim city manager #2 ti -rl tcresa herrera, city ...nov 28, 2016 · will brule, council...

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