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[00:00:01]

IT IS 6:30 P.M., AND I CALL THIS MEETING TO ORDER THE ZONING BOARD OF ADJUSTMENT ON WEDNESDAY,

[A. Call to Order and Announce that a Quorum is Present.]

APRIL 2ND, 2025. AND WE DO HAVE A QUORUM PRESENT.

THE FIRST ITEM IS APPROVAL OF MINUTES OF DECEMBER 11TH, 2024 REGULAR MEETING.

[B. Approval of Minutes]

IF THERE'S NO ADDITIONS OR CORRECTIONS, MAY I HAVE A MOTION, PLEASE? I MOTION, MARY CARMEN. MOTION. SECOND MOTION.

SECOND. RICK. MAY WE VOTE, PLEASE? MOTION PASSES 4 TO 0. THE SECOND ITEM IS A PUBLIC HEARING

[C. Other Business]

AND THE STAFF WILL PRESENT. GOOD EVENING. SO THIS IS IS NOT ACTUALLY A PUBLIC HEARING TONIGHT.

IT'S JUST A PRESENTATION FROM STAFF. WE WANTED TO GIVE YOU AN OVERVIEW OF THE 2025 CHARTER ELECTION THAT THE CITY COUNCIL HAS CALLED.

I DID ALSO WANT TO JUST SAY THERE'S A PACKET OF INFORMATION THAT'S BEEN PUT AT EACH OF YOUR PLACES.

IT'S THE ELECTION SEASON BEST PRACTICES. AND THAT'S JUST TO GIVE SOME GUIDANCE, BECAUSE WHILE THE CITY HAS A RESPONSIBILITY TO INFORM ALL VOTERS ABOUT THE ELECTION, INCLUDING INFORMATION ABOUT WHERE AND WHEN AND WHAT INFORMATION IS ON THE BALLOT, WE ARE PROHIBITED FROM USING PUBLIC FUNDS OR RESOURCES, WHICH INCLUDES TIME AND PEOPLE TO ENGAGE IN ELECTIONEERING OR ANYTHING FOR OR AGAINST A BALLOT ITEM.

SO IT JUST KIND OF OUTLINES WHAT SOME OF THE GUARDRAILS ARE FOR FOR PUBLIC OFFICIALS, APPOINTED STAFF, ETC. ON WHAT YOU CAN SAY AND WHAT YOU CANNOT.

BUT IF YOU HAVE ANY QUESTIONS ABOUT ANY OF THAT, PLEASE CONTACT US.

CITY STAFF IS HERE AS A RESOURCE FOR YOU ALL.

SO I'M GOING TO START TALKING ABOUT WHAT THE CHARTER ELECTION IS.

SO THE CITY LEWISVILLE CITY COUNCIL HAS CALLED A CHARTER AMENDMENT ELECTION TO BE HELD ON SATURDAY, MAY THE 3RD, SO THAT VOTERS CAN CONSIDER SIX PROPOSITIONS DEALING WITH POTENTIAL GOVERNMENT CHANGES, GOVERNANCE CHANGES. SO WE'RE GOING TO START AT THE VERY BEGINNING.

SO WHAT IS THE CITY CHARTER. SO IT'S OUR FUNDAMENTAL GOVERNING DOCUMENT FOR ANY HOME RULE CITY IN TEXAS.

IT SPECIFIES HOW THE CITY WILL OPERATE UNDER THE BOUNDARIES OF STATE LAW.

AND ANY CHANGE TO THE CHARTER HAS TO BE APPROVED THROUGH A LOCAL ELECTION.

IT'S NOT JUST THE CITY COUNCIL THAT CAN CHANGE IT, IT HAS TO ACTUALLY GO OUT TO THE VOTERS.

SO HOW ARE THESE PROPOSED AMENDMENTS SELECTED? WELL, THE CITY COUNCIL APPOINTS A FIVE MEMBER VOLUNTEER CHARTER REVIEW COMMISSION.

THEY DID THIS IN 2024 TO REVIEW THE CITY CHARTER AND IDENTIFY POTENTIAL AMENDMENTS.

THE GROUP MET REGULARLY THROUGH THE FALL AND REPORTED BACK TO THE CITY COUNCIL IN JANUARY WITH SIX PROPOSED AMENDMENTS.

AND IF YOU'RE INTERESTED IN SEEING THEIR PRESENTATION, YOU CAN GO BACK ONLINE ON OUR WEBSITE AND WATCH THAT PRESENTATION THEY GAVE TO THE CITY COUNCIL. AND SO IF YOU'RE WONDERING, WHERE CAN I FIND THESE AMENDMENTS, THE FULL TEXT OF THEM, IT IS ON THE CITY'S WEBSITE. CITY OF LEWISVILLE 2025 CHARTER.

THE CITY OF LEWISVILLE'S CHARTER WAS ADOPTED IN 1963 BY VOTERS IN A CITYWIDE ELECTION, AND WITH THE ADOPTION OF THAT CHARTER, LEWISVILLE BECAME A HOME RULE CITY UNDER TEXAS LAW.

YOU'RE EITHER A HOME RULE CITY OR A GENERAL LAW CITY.

HOME RULE CITY IS WHAT WE ARE, AND IT ESTABLISHED LEWISVILLE'S CURRENT COUNCIL MANAGER FORM OF GOVERNMENT.

THE CITY CHARTER WAS MOST RECENTLY AMENDED IN MAY OF 2021, WHICH WAS PRIOR TO OUR ANNEXATION OF CASTLE HILLS.

WE DO HAVE TO APPOINT A CHARTER REVIEW COMMISSION AT LEAST ONCE EVERY FIVE YEARS.

HOWEVER, WE CANNOT AMEND THE CHARTER MORE FREQUENTLY THAN EVERY TWO YEARS.

SO IT'S A STABLE DOCUMENT, BUT WE DO WANT TO MAKE SURE WE'RE LOOKING AT IT REGULARLY.

SO WHAT ARE THE PROPOSITIONS? PROPOSITION A IS SHOULD THE CHARTER BE AMENDED THROUGHOUT TO CORRECT NON SUBSTANTIVE ERRORS SUCH AS CAPITALIZATION, PUNCTUATION AND GRAMMAR? HARMONIZE CONFLICTING SECTIONS AND ELIMINATE REFERENCES TO POSITION TITLES THAT NO LONGER EXIST.

SO SOME DETAILS ON THAT. SO THE NON SUBSTANTIVE CORRECTIONS ARE PRIMARILY PUNCTUATION SUCH AS CONSISTENT USE OF COMMAS.

REFERENCES TO THE CITY ASSESSOR COLLECTOR IS A POSITION THAT NO LONGER EXISTS WOULD BE REMOVED, AS THAT FUNCTION IS NOW PERFORMED BY THE DENTON COUNTY TAX ASSESSOR.

HARMONIZATION WOULD CLARIFY, CONSISTENT WITH OTHER SECTIONS OF THE CITY CHARTER, THAT AT LEAST FOUR COUNCIL MEMBERS MUST VOTE AFFIRMATIVELY FOR THE CITY COUNCIL TO TAKE ACTION. HARMONIZATION ALSO CLARIFIES, AS PER THE RESULTS OF THE CHARTER ELECTION IN 2021, THAT THE CITY MANAGER IS RESPONSIBLE FOR THE MANAGEMENT OF CITY DEPARTMENTS. SO IF PROPOSITION EIGHT PASSES, WOULD ANY OF THESE CHANGES AFFECT CITY POLICIES OR OPERATIONS AND KNOW PROPOSITION A WOULD

[00:05:06]

NOT CHANGE ANY CURRENT PRACTICES FOR THE CITY.

PROPOSITION B IS SHOULD THE CHARTER BE AMENDED TO ELIMINATE THE READING OF ORDINANCES AT OPEN MEETINGS ON THREE SEPARATE DAYS, ALLOWING THE PASSAGE OF ORDINANCES AT A SINGLE MEETING WITHOUT THE NEED TO DECLARE AN EMERGENCY? AND SO, JUST TO TELL YOU WHAT THE CITY DOES CURRENTLY, BECAUSE THE CHARTER CURRENTLY SAYS WE NEED TO HEAR ITEMS THREE TIMES IF IT'S NOT AN EMERGENCY IS IN MOST CASES, THE CITY COUNCIL DECLARES AN EMERGENCY AS CONSTRUED BY THE CHARTER, SO THAT THE CAPTIONS OF ORDINANCES THEY APPROVE ONLY HAVE TO BE READ AT ONE MEETING.

THE EMERGENCY DECLARATION REMOVES THE REQUIREMENT THAT THE CAPTION OF THE APPROVED ORDINANCES BE READ AT TWO MORE SEPARATE MEETINGS.

SO IF PROPOSITION B PASSES, HOW WILL THIS CHANGE THE PROCESS FOR APPROVING AN ORDINANCE? WELL, THE CITY COUNCIL WOULD NO LONGER NEED TO DECLARE AN EMERGENCY AS CONSTRUED BY THE CHARTER FOR ORDINANCES TO PASS WITH A READING OF THE CAPTION AT ONE SINGLE MEETING.

SO HOW WOULD THIS CHANGE PUBLIC IMPACT OR PUBLIC INPUT ON NEW ORDINANCES? WELL, THE PUBLIC WILL STILL BE ABLE TO PROVIDE INPUT ON PROPOSED ORDINANCES DURING THE CITY COUNCIL MEETING AT WHICH THOSE ORDINANCES ARE BEING CONSIDERED.

AND WHAT ARE OTHER CITIES DOING? HOW COMMON IS ONE READING? TWO READINGS, THREE READINGS? WELL, WE LOOKED AT OUR 17 COMPARISON CITIES THAT WE LOOK AT WHENEVER WE'RE DOING DIFFERENT CODE COMPARISONS, AND 88% REQUIRE A SINGLE READING OF AN ORDINANCE.

12% REQUIRE TWO READINGS AND NONE REQUIRE THREE READINGS.

PROPOSITION C SHOULD THE CHARTER BE AMENDED TO ALLOW THE CITY MANAGER INSTEAD OF THE CITY COUNCIL, TO APPOINT, REMOVE, AND ASSIGN DUTIES TO THE CITY SECRETARY.

SO CURRENTLY RESPONSIBILITIES ASSIGNED TO THE CITY SECRETARY BY THE CITY CHARTER.

SO IN THE CITY CHARTER, THE CITY SECRETARY IS SUPPOSED TO GIVE NOTICE OF COUNCIL MEETINGS, KEEP THE MINUTES OF CITY COUNCIL MEETINGS, KEEP A RECORD OF MEETING AGENDAS, MINUTES, ORDINANCES AND RESOLUTIONS, AND PERFORM OTHER DUTIES ASSIGNED BY THE CITY COUNCIL OR THE CITY CHARTER.

SO IF THIS WAS TO PASS, WHAT CHANGE WOULD IMPACT THE RESPONSIBILITIES OF THE CITY SECRETARY OR WOULD THIS CHANGE IMPACT THE RESPONSIBILITIES OF THE CITY SECRETARY? SO THE CITY SECRETARY WOULD STILL HAVE TO PERFORM ALL OF THOSE SPECIFIC RESPONSIBILITIES LISTED BY THE CHARTER.

BUT THE CITY MANAGER, NOT THE CITY COUNCIL, COULD ASSIGN THE CITY SECRETARY ADDITIONAL DUTIES, SUPERVISION AND DIRECTION OF THE CITY SECRETARY WOULD CHANGE FROM THE CITY COUNCIL TO THE CITY MANAGER.

WHAT'S THE PRACTICE FOR THIS IN OTHER CITIES? WELL, AMONG OUR COMPARISON CITIES, THOSE 17 CITIES, 64% OF CITY SECRETARIES ARE SUPERVISED BY THE CITY MANAGER.

SO THE FOURTH PROPOSITION, PROPOSITION D, SHOULD THE CHARTER BE AMENDED TO REQUIRE MAYORAL AND COUNCIL MEMBER CANDIDATES TO SUBMIT A PETITION SIGNED BY QUALIFIED VOTERS OF THE CITY ELIGIBLE TO VOTE FOR THE CANDIDATE. EQUAL IN NUMBER TO THE NUMBER OF SIGNATURES REQUIRED FOR A CANDIDATE PETITION BY STATE LAW, AND TO ELIMINATE THE REQUIREMENT FOR A LOYALTY AFFIDAVIT.

AND THIS IS THE ONE THAT I THINK I NEEDED THE MOST EXPLANATION OF, BECAUSE I DIDN'T KNOW WHAT SOME OF THOSE THINGS WERE AND MEANT.

SO THE CURRENT REQUIREMENTS FOR ANYONE TO RUN FOR MAYOR OR CITY COUNCIL.

HERE IN LEWISVILLE IS THAT THEY SHALL HAVE RESIDED FOR AT LEAST ONE YEAR IMMEDIATELY PRECEDING THE ELECTION, WITHIN THE CORPORATE LIMITS OF THE CITY OF LEWISVILLE, OR IF THEY WERE IN A TERRITORY THAT GETS ANNEXED AT LEAST ONE YEAR, IN THAT TERRITORY THAT WAS ANNEXED. SO THERE IS A RESIDENCY REQUIREMENT.

ADDITIONALLY, THEY CANNOT BE IN ARREARS ON PAYMENT OF TAXES OR OTHER LIABILITIES DUE TO THE CITY.

THEY CANNOT HOLD ANY OTHER OFFICE OR EMPLOYMENT UNDER THE CITY GOVERNMENT WHILE THEY'RE A MEMBER OF CITY COUNCIL.

SO IF PROPOSITION D PASSES, THE LOYALTY AFFIDAVIT REQUIREMENT FOR CANDIDATES WOULD BE REMOVED FROM THE CITY CHARTER.

SO WHAT IS A LOYALTY AFFIDAVIT? WELL, CURRENTLY THEY HAVE TO SIGN A STATEMENT THAT THEY WILL SUPPORT AND DEFEND THE CONSTITUTION AND LAWS OF THE UNITED STATES IN THE STATE OF TEXAS, THAT THEY'RE A CITIZEN ELIGIBLE TO HOLD OFFICE UNDER THE CONSTITUTION AND LAWS OF THE STATE.

THEY HAVE NOT BEEN DETERMINED BY ANY FINAL JUDGMENT OF A COURT EXERCISING PROBATE JURISDICTION TO BE TOTALLY MENTALLY INCAPACITATED OR PARTIALLY MENTALLY INCAPACITATED WITHOUT THE RIGHT TO VOTE. THEY'RE AWARE OF THE NEPOTISM LAW.

CHAPTER 573 GOVERNMENT CODE. THEY'RE AWARE THAT THEY MUST DISCLOSE ANY PRIOR FELONY CONVICTIONS, AND IF SO, CONVICTED, MUST PROVIDE PROOF THAT THEY HAVE BEEN PARDONED OR OTHERWISE RELEASED FROM THE RESULTING DISABILITIES OF ANY SUCH FINAL FELONY CONVICTION, THAT THEY'RE AWARE THAT KNOWINGLY PROVIDING FALSE INFORMATION ON THE APPLICATION REGARDING THE POSSIBLE FELONY CONVICTION STATUS CONSTITUTES A CLASS B MISDEMEANOR.

THEY SWEAR THAT THE FOREGOING STATEMENTS, INCLUDING THE APPLICATION, ARE TRUE AND CORRECT.

SO MUCH OF WHAT'S INCLUDED IN THAT IS ALSO INCLUDED IN THE SWORN OATH OF OFFICE THAT IS NOT PROPOSED FOR REMOVAL, AND THAT IS TAKEN BY ALL INCOMING CITY COUNCIL MEMBERS PRIOR TO TAKING OFFICE.

SO WHAT WOULD THE PETITION REQUIREMENT BE IF PROPOSITION D PASSES? SO CURRENTLY CANDIDATES DO NOT PAY ANY FEES OR FILL OUT ANY PETITIONS.

[00:10:02]

BUT IF THIS PASSES, FUTURE CANDIDATES WOULD BE REQUIRED TO SUBMIT A PETITION CONTAINING THE NUMBER OF SIGNATURES REQUIRED FOR A CANDIDATE PETITION BY STATE LAW.

STATE LAW REQUIRES THE NUMBER OF SIGNATURES TO BE THE GREATER OF 25, OR ONE HALF OF 1% OF THE TOTAL VOTES RECEIVED BY ALL CANDIDATES IN THE MOST RECENT MAYORAL GENERAL ELECTION. SO AS OF RIGHT NOW, TODAY, LEWISVILLE CANDIDATES WOULD BE REQUIRED TO PROVIDE AT LEAST 27 SIGNATURES WHEN THEY FILED TO RUN FOR OFFICE. AND SO WHAT IS THE PRACTICE IN OTHER CITIES? SO THE MAJORITY OF OUR COMPARISON CITIES AT 59%, EITHER REQUIRE A PETITION IN ALL CASES OR REQUIRE A PETITION IN LIEU OF A FILING FEE.

NONE OF THEM REQUIRE A LOYALTY AFFIDAVIT. AND I JUST WANT TO CLARIFY, PROPOSITION D DOES NOT PROPOSE A FILING FEE.

IT PROPOSES JUST THE PETITION REQUIREMENT. AND THEN PROPOSITION E, SHOULD THE CHARTER BE AMENDED TO INCREASE THE NUMBER OF CITIZENS SERVING ON A CHARTER REVIEW COMMISSION FROM 5 TO 7? SO THE CHARTER REVIEW COMMISSION IS APPOINTED, AT A MINIMUM EVERY FIVE YEARS, TO CONSIDER THE EFFECTIVENESS OF THE CITY CHARTER AND DETERMINE WHETHER ANY PROVISIONS REQUIRE REVISION.

THEY CAN PROPOSE AMENDMENTS TO THE CITY COUNCIL.

THE CITY COUNCIL THEN DECIDES WHETHER TO PRESENT THOSE AMENDMENTS TO THE VOTERS FOR CONSIDERATION.

THE CITY CHARTER CAN ONLY BE AMENDED BY A CITYWIDE ELECTION.

THE CITY COUNCIL APPOINTS CITIZENS TO THE COMMISSION.

A CHANGE FROM 5 TO 7 MEMBERS WOULD RESULT IN THE COMMISSION BEING THE SAME SIZE AS THE CITY COUNCIL.

AND THEN OUR FINAL PROPOSITION, PROPOSITION F, SHOULD THE CHARTER BE AMENDED TO INCREASE THE COMPOSITION FOR THE MAYOR AND COUNCIL MEMBERS FROM $50 FOR EACH MEETING TO $400 PER MONTH FOR THE MAYOR, AND $300 PER MONTH FOR EACH COUNCIL MEMBER.

SO AGAIN, LOOKING AT THAT IN A LITTLE MORE DETAIL, WHAT WAS THE CURRENT LEVEL OF CITY COUNCIL? WHEN WAS THE CURRENT LEVEL OF CITY COMPENSATION SET AND WHEN WAS IT MOST RECENTLY INCREASED? SO THE CURRENT COMPENSATION OF $50 PER OFFICIAL MEETING WAS ADDED TO THE CHARTER IN A 2004 CHARTER AMENDMENT ELECTION.

PRIOR TO THAT, THERE WAS NO COMPENSATION FOR LEWISVILLE CITY COUNCIL MEMBERS.

SO HOW DOES THAT PROPOSED COMPENSATION COMPARE TO SIMILAR CITIES? SO THE CHARTER COMMISSION BASED ITS RECOMMENDATION ON DATA FROM 15 COMPARABLE SIZED CITIES, SO A SLIGHT DIFFERENT THAN THAN OUR COMPARISON CITIES, WHICH RANGE IN SIZE A BIT MORE, THAT SHOW A CURRENT AVERAGE MONTHLY COMPENSATION OF $697 FOR A MAYOR AND $469 FOR A COUNCIL MEMBER. IF PROPOSITION F PASSES WITH THIS INCREASE, IMPACT THE CITY BUDGET OR RAISE TAXES SO THE TOTAL COST WOULD BE $26,400 PER YEAR.

THAT'S AN INCREASE OF UNDER $18,000 FROM THE CURRENT BUDGET.

SO IT IS A SMALL IMPACT ON THE BUDGET AND THAT'S ABOUT WHAT IT IS.

SO IF THE ELECTION IS SET FOR SATURDAY, MAY THE 3RD.

POLLING LOCATIONS ARE OPEN FROM 7 A.M. TO 7 P.M.

THAT DAY. THOSE WILL BE ANNOUNCED AND SET BY EACH COUNTY.

BUT THERE IS ALSO EARLY VOTING. SO JUST TO TELL YOU A LITTLE BIT ABOUT EARLY VOTING IN DENTON COUNTY, THERE'S ANY EARLY VOTING CAN BE DONE IN DENTON COUNTY AT ANY EARLY VOTING LOCATION.

THERE'S THREE ON THIS SLIDE. THEY'RE KIND OF CLOSE AND CONVENIENT HERE IN LEWISVILLE SO THAT THE FREDERICK HEARING REC CENTER ON CIVIC CIRCLE THRIVE ON SOUTH VALLEY PARKWAY AND THE CASTLE HILLS NORTH COMMUNITY CENTER ON ALNA AVENUE.

THE DATES AND TIMES ARE APRIL. TUESDAY, APRIL 22ND THROUGH SATURDAY, APRIL 26TH FROM 8 A.M.

TO 5 P.M.. SUNDAY, APRIL 27TH FROM 11 A.M. TO 5 P.M.

AND MONDAY, APRIL 28TH THROUGH TUESDAY, APRIL 29TH FROM 7 A.M.

TO 7 P.M.. WE DO, HOWEVER, HAVE SOME RESIDENTS AND BUSINESSES THAT ARE IN DALLAS COUNTY, SO I WANTED TO MAKE SURE WE GAVE SOME INFORMATION ON THOSE EARLY VOTING DATES TO WE.

AGAIN, EARLY VOTING CAN BE DONE AT ANY DALLAS COUNTY VOTE CENTER.

THE CLOSEST ONE TO LEWISVILLE IS THE TOWN CENTER AT 255 PARKWAY BOULEVARD IN COPPELL.

THOSE EARLY VOTING HOURS ARE MONDAY, APRIL 22ND THROUGH SATURDAY, APRIL 25TH FROM 8 A.M.

TO 5 P.M., SATURDAY, APRIL 26TH, FROM 7 A.M. TO 7 P.M., SUNDAY, APRIL 27TH FROM NOON TO 6 P.M.

AND MONDAY, APRIL 28TH THROUGH TUESDAY, APRIL 29TH FROM 7 A.M.

TO 7 P.M. AND AGAIN, IF YOU HAVE ANY QUESTIONS ABOUT EARLY VOTING OR ELECTION DAY VOTING LOCATIONS, PLEASE CONTACT THE CITY SECRETARY OR CITY STAFF.

WE'RE ALWAYS HAPPY TO HELP FOLKS OUT WITH ANY OF THAT INFORMATION.

SO WE WANTED TO MAKE SURE THAT ALL OF OUR BOARDS AND COMMISSIONERS HAD A GOOD UNDERSTANDING OF WHAT THE CHARTER AMENDMENT ELECTION WAS.

AND AGAIN, IF PEOPLE WANT FURTHER INFORMATION, WE DO HAVE OUR WEBSITE AVAILABLE.

AND AGAIN, WE'RE HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU ALL. THANK YOU MICHEL. ANY QUESTIONS? THE FINAL ITEM ON THE AGENDA IS THE ADJOURNMENT.

MAY I HAVE A MOTION, PLEASE? MOTION TO ADJOURN.

I'LL SECOND. MOTION BY RICK. SECOND MOTION BY JOHN.

[00:15:05]

VOTE, PLEASE. MOTION PASSES 4 TO 0, AND WE ARE ADJOURNED.

THANK YOU ALL.

* This transcript was compiled from uncorrected Closed Captioning.