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03 City Council Mtg Min 3-12-07 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS March 12, 2007 The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, March 12,2007, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Richard Manning Council Members: Tim Ray; Curtis Fendley; Mary Ann Fisher, Mayor Pro Tern; Kevin Gray; Jesse James Freelen; and Don Wilson City Staff: Ernie Clark, Interim City Manager; Kent McIlyar, City Attorney; and Janice Ellis, City Clerk 1. Mayor Manning called the meeting to order. Ernie Clark gave the invocation. 2. Pledge of Allegiance. Council Member Fendley led the pledge. 3. Receipt of report from the Planning & Zoning Commission. A. Public Hearing to consider the petition of Shirley Posey for a change in zoning from an Agricultural District (A) to a One-Family Dwelling District No.3 (SF-3) with Specific Use Permit (39) Mobile Home on Lot 13-F, City Block 324, being located in the 3400 block of Old Tiger Town Road. Mayor Manning opened the public hearing and asked for anyone speaking in favor of this item to do so. No one spoke in support of this item. Mayor Manning asked for anyone speaking against this item to do so. Dee Houston, 2990 Tigertown Road; Gloria Pirtle, 1890 Pirtle Hall; and Jimmy Hall, 1850 Pirtle Hall, spoke in opposition of the zoning change. With no one else speaking, Mayor Manning closed the public hearing. B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A ONE-FAMILY DISTRICT NO. 3(SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME ON LOT 13-F, CITY BLOCK 324 (10.01 ACRES), REQUESTED BY SHIRLEY POSEY, WITH CONTRACT TO BUY, SO AS TO INCLUDE THEREIN TERRITORY FORMERL Y DESIGNATED AS AN AGRICULTURAL DISTRICT .' . -'r ~.......,....... .,-. Regular City Council Meeting March 12, 2007 Page 2 (A); DESIGNATING THE BOUNDARIES OF THE ONE-FAMILY DWELLING DISTRICT NO. 3(SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES ORP ARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. A Motion to deny this item was made by Council Member Ray and seconded by Council Member Fendley. Motion carried, 7 ayes - 0 nays. C. Public Hearing to consider the petition of Alan Whitley for a change in zoning from an Agricultural District (A) to a Commercial District (C) on Lot 2, City Block 401, being number 6245 Clarksville Road. Mayor Manning opened the public hearing and asked for anyone speaking in favor of this item to do so. No one spoke in support of this item. Mayor Manning asked for anyone speaking against this item to do so. With no one speaking, Mayor Manning closed the public hearing. D. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A COMMERCIAL DISTRICT (C) ON LOT 2, CITY BLOCK 401, ON PROPERTY BELONGING TO ALAN WHITLEY, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C)SO ESTABLISHED; PROVIDING FORA PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES ORP ARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. Mayor Manning stated this item had been tabled by Planning and Zoning. A Motion to table this item was made by Council Member Fisher and seconded by Council Member Ray. Motion carried, 7 ayes - 0 nays. E. Public Hearing to consider the petition of John Bell for a change in zoning from a Two-Family Dwelling District (2F) to a Parking District (P) on Lot 1, City Block 143, being numbers 525 and 527 8th Street SE. Mayor Manning opened the public hearing and asked for anyone speaking in favor of this item to do so. No one spoke in support of this item. Mayor Manning asked for anyone speaking against this item to do so. With no one speaking, Mayor Manning closed the public hearing. 'T Regular City Council Meeting March 12,2007 Page 3 F. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A PARKING DISTRICT (P) ON LOT 1, CITY BLOCK 143, ON PROPERTY BELONGING TO JOHN BELL, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNA TED AS A TWO-F AMIL Y DWELLING DISTRICT (2F); DESIGNATING THE BOUNDARIES OF THE PARKING DISTRICT (P) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. Kent McIlyar informed Council that Mr. Bell contacted him and asked that the item be tabled, because the buyer was not ready. A Motion to table this item was made by Council Member Free1en and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. G. Public Hearing to consider the petition of the G. W. McWaters for a change in zoning from an Agricultural District (A) to a One-Family Dwelling district (SF-2) on Lots 1,2,3, and 4, Block A, and Lots 1,2,3, and 4, Block B of the Meadow Park Addition, being located in the 4400 block of Bonham Street. Mayor Manning opened the public hearing and asked for anyone speaking in favor of this item to do so. Gene McWaters spoke in support ofthis item, citing that part of his property was not zoned with the rest of his property when zoned thirty years ago. He said part of it was zoned as residential and part of it was zoned as commercial. Mayor Manning asked for anyone speaking against this item to do so. With no one else speaking, Mayor Manning closed the public hearing. H. ORDINANCE NO. 2007-004: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A ONE-FAMILY DWELLING DISTRICT (SF-2) ON LOTS 1, 2,3 & 4, BLOCK A, AND LOTS 1,2,3 & 4, BLOCK B, MEADOW PARK PHASE IV, ON PROPERTY BELONGING TO GENEMcW ATERS, SO AS TO INCLUDE THEREIN TERRITORY FORMERL Y DESIGNATED AS AN AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE ONE-F AMIL Y DWELLING DISTRICT (SF-2) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. T Regular City Council Meeting March 12,2007 Page 4 A Motion to approve this item was made by Council Member Freelen and seconded by Council Member Gray. Motion carried, 7 ayes - 0 nays. I. ORDINANCE NO. 2007-005: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE SITE PLAN FOR A PLANNED DEVELOPMENT DISTRICT -RETAIL SHOPPING CENTER (PD-a), PREVIOUSL Y ESTABLISHED BY THE ADOPTION OF ZONING ORDINANCE NO. 2572, FOR LOT l, BLOCK A, OF THE COPLIN SQUARE DEVELOPMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Subject to recommendations made by the Engineer and Director of Community Development, a Motion to approve this item was made by Council Member Fendley and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. J. Consideration of and action on the Master Plat of the Hills Subdivision. Subject to the Engineer's recommendations, a Motion to approve this item was made by Council Member Fendley and seconded by Council Member Wilson. Motion carried, 7 ayes - 0 nays. K. Consideration of and action on the Preliminary Plat of The Hills Subdivision, Phase V. Subject to the Engineer's recommendations, a Motion to approve this item was made by Council Member Wilson and seconded by Council Member Gray. Motion carried, 7 ayes - 0 nays. L. Consideration of and action on the final Plat of Meadow Park Addition, Phase IV. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. M. RESOLUTION NO. 2007-033: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING FOR DEDICATION AN OFF-SITE DRAINAGE EASEMENT ASSOCIATED WITH THE DEVELOPMENT OF MEADOWP ARK PHASE IV BY GENE W. McWATERS, JR.; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 'r Regular City Council Meeting March 12,2007 Page 5 Subject to the Engineer's recommendations, a Motion to approve this item was made by Council Member Fendley and seconded by Council Member Wilson. Motion carried, 7 ayes - 0 nays. CONSENT AGENDA Mayor Manning inquired ifthere were any items that Council Members wanted to pull from the Consent Agenda for discussion. There were none. Council Member Fisher made a Motion to approve the Consent Agenda and Council Member Ray seconded the Motion. The Council voted seven (7) for and none (0) opposed to approve and adopt the Consent Agenda, Items 4,5, 5A, 5B and 5C, as follows: 4. Approval of minutes from previous City Council meetings. (2/12/07 Regular Meeting; 2/15/07 Special Meeting; 2/21/07 Special Meeting) 5. Receipt of reports and/or minutes from committee, boards, and commissions: A. Charter Study Committee. (2/8/2007) B. Paris Public Library Advisory Board. (12/20/2006) C. Main Street Advisory Board. (1/9/2007; 1/16/2007) 6. Citizens Forum. Marva Joe - 1610 17th N.E. - Mrs. Joe told Council that Paris had a problem with kids fighting in Johnson Park. 7. First Public Hearing to consider the current City of Paris Curfew Ordinance for Children, being Article III to Chapter 21 of the Code of Ordinances in order to determine whether this ordinance should be continued, modified, or abolished. ORDINANCE NO. 2004-010: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ADOPTING ARTICLE III TO CHAPTER 21 OF THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS, ENTITLED "CURFEW ORDINANCE FOR CHILDREN"; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES PARTS OF ORDINANCE IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mayor Manning opened the public hearing and asked for anyone speaking in favor of this item to do so. No one spoke in support of this item. Mayor Manning asked for anyone speaking against this item to do so. Phillip Hamilton, 1734 Margaret, spoke on behalf of the Homeschoolers T Regular City Council Meeting March 12, 2007 Page 6 Coalition. Mr. Hamilton said that homeschoolers had different hours than children attending public school. Mr. Hamilton expressed concern about citations being issued to homeschoolers. He stated there were unconstitutional provisions in the Ordinance and presented Council with a legal brief. In addition, he asked Council to either repeal the Ordinance or change it. Lee Crawford, 1202 CR 45520, asked Council to abolish the daytime curfew. Jean Schweers, 5005 Old Clarksville Road, stated that the daytime curfew hours were a burden for homeschoolers. She urged the Council the remove the daytime hours from the Ordinance. Chief Louis said the Ordinance contained affirmative defenses and exceptions for homeschoolers. He further stated the curfew helped curtail gang activity and keep children safe. Council Member Wilson inquired about the elimination of daytime hours with regard to consequences for kids on the street under the age of sixteen. Chief Louis informed Council if the daytime hours were eliminated and a child had been suspended from school, that there would not be anything law enforcement could do. Council Member Ray spoke in support of the Ordinance. Also, speaking against the daytime curfew hours was David Jones, 3850 FM 2648, Powderly, Texas. He stated that one of his children worked in the morning hours and was homeschooled in the evening hours. He asked Council to consider removing the morning curfew hours. William David, 3120 Laurel Lane, said that his children had been stopped by the police and asked where they were going. He asked Council to remove the daytime curfew hours. Dianna Manley, 3098 FM 3298, Powderly, Texas, she said she agreed with the comments regarding the daytime curfew hours. She asked that Council remove the daytime curfew hours or issue cards to homeschoolers. With no one else speaking, Mayor Manning closed the public hearing. Council Member Fendley recommended that the city attorney and police chief review the Ordinance and bring it back to Council. Council Member Wilson asked that Chief Louis provide statistics as to how many of the citations were written in violation of the daytime hours. Council Member Fisher stated there needed to be a curfew Ordinance, because of the problems with truancy. Council Member Freelen inquired about the possibility of registering homeschoolers with the City. 8. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2007-034: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE EXECUTION OF A TAX SALE DEED TO OLIVE BRANCH BAPTIST CHURCH FOR PROPERTY LOCATED AT 536 3RD ST. NE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. Regular City Council Meeting March 12, 2007 Page 7 B. RESOLUTION NO. 2007-035: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING AND APPROVING THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF PARIS AND STEVE COKER FOR INSTRUCTION AND COORDINATION FOR THE BASEBALL AND SOFTBALL PROGRAMS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Freelen and seconded by Council Member Fendley. Motion carried, 7 ayes - 0 nays. 9. Consideration and acceptance of the Annual Audit Report presented to City Council on February 26, 2007. A Motion to accept the Annual Audit Report was made by Council Member Fendley and seconded by Council Member Ray. Motion carried, 7 ayes - 0 nays. 10. Review and acceptance of the Monthly Financial Report. A Motion to accept the Monthly Financial Report was made by Council Member Freelen and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. 11. Convene in Executive Session pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive advice of legal counsel pertaining to pending or possible litigation and to receive advice oflegal counsel pursuant to the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, regarding the following matters: A. Marieta B. Oglesby vs. The City of Paris, Cause No. 73003, pending in the 6th Judicial District Court, Lamar County, Texas. B. Billy C. Brown vs. The City of Paris, Paris Historic Preservation Commission, and Thomas E. Haynes, Civil Action No. 4:04-CV81, United States District court of the Eastern District of Texas, Sherman Division. Mayor Manning convened Council into Executive Session at 7:00 p.m. 12. Reconvene in Open Session to authorize further action on the part of the City Attorney regarding those matters discussed in the Executive Session. Mayor Manning reconvened in open session at 7:12 p.m. ,. r.----........-. Regular City Council Meeting March 12,2007 Page 8 A Motion for the City Attorney to continue with the above-referenced matters was made by Council Member Ray and seconded by Council Member Free1en. Motion carried, 7 ayes - o nays. 13. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. None were referenced. 14. Possible future agenda items. Council Member Fendley requested the curfew ordinance be placed on the next Agenda. Council Member Wilson requested information concerning the Firefighters' Pension Fund and whether or not the City had any liability. Council Member Freelen inquired about the pet ordinance. Ernie Clark told him it had been passed and a copy would be mailed to him. Council Member Ray inquired about the precious metal ordinance. Chief Louis advised him it had passed and appropriate parties had been notified of the new law. Ernie Clark told Council Member Ray a copy would be mailed to him. Council Member Freelen asked that an item be placed on the next Agenda giving Council an update on the new police system. 15. Information items: A. Signal Light installation at 20th St. NE and Pine Bluff by TxDOT. 16. Referrals. There were none. 17. Staff Reports. A. Karl Louis, Police Chief, annual report on status of racial profiling. Chief Louis reported the police department did not receive any racial profiling complaints for the year 2006. Mayor Manning and Council Member Ray commended the police department. B. Report by Director of Finance regarding Attorney fees. .-'f" Regular City Council Meeting March 12,2007 Page 9 Gene Anderson reported he had received an invoice on the Jim Bell lawsuit. He said he was not expecting any additional invoices on the Williams termination. 18. Adjournment. There being no further business, Council Member Fendley made a Motion to adjourn and Council Member Fisher seconded the Motion. The meeting was adjourned at 7:20 p.m. RICHARD MANNING, MAYOR JANICE ELLIS, CITY CLERK ." -r ",""'---'"'-'" ....~_.