03 City Council Mtg Min 6-11-07
REGULAR MEETING
OF THE CITY COUNCIL, CITY OF PARIS
June 11, 2007
The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, June
11,2007, at the City Council Chamber, 107 E. Kaufman, Paris, Texas.
Present:
Mayor Pro Tern:
Bill Strathern
Council Members: Will Biard; Mary Ann Fisher; Don Wilson;
Stephen Brown; and Kevin Gray
City Staff: Ernie Clark, Interim City Manager;.Kent
McIlyar, City Attorney; and Janice Ellis, City
Clerk
Absent:
Mayor:
Jesse James Freelen
1. Mayor Pro Tern Strathern called the meeting to order.
Pastor Mike Fortenberry of East Paris Baptist Church gave the invocation.
2. Pledge of Allegiance.
Officer Brandon Denison led the pledge.
Council Member Fisher arrived at 6:05 p.m.
3. Recognition of the Charter Review Committee for their time and efforts in putting together
the proposed City Charter Amendments which were placed on the ballot for the Special City-
Wide Election.
Mayor Pro Tern Strathern expressed his gratitude for the outstandingjob done by the Charter
Review Committee. He asked the Council to join him in presenting plaques to the Committee
Members as follows:
Philip Cecil - Chairman
Ozie Battle - Vice-Chairwoman
Charles Richards - Member
David House - Member
Robert High - Member
Louise Hagood - Member
David Hamilton - Member
Marva Joe - Member
David Nabors - Member
Bobby Walters - Member
Bill Payne - Member
Charles Waldrum - Member
Plaques will be delivered at a later date to Philip Cecil, Ozie Battle, David House, Bill Payne
and Charles Waldrum, as they were unable to attend the meeting.
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4. Receipt of report from the Planning & Zoning Commission.
A. Public hearing to consider the Site Plan of Texas Star BBQ, Lot 7, City Block 318,
being located in the 3000 block of Loop 286 NE.
Mayor Pro Tern Strathem opened the public hearing and asked for anyone speaking
in favor of this item to do so. Larry Wood and Michael Brett both spoke in support of this
item. Larry Wood stated with regard to item I, he was informed one and a half hours ago
that the City was going to require a four foot trough be placed where there is a low flow ditch
on the east side of the property. Mr. Wood said it was not on the original plan. In addition,
he asked Council to approve the final plat without the requirement. Mayor Pro Tern
Strathem asked for anyone speaking against this item to do so. With no one else speaking,
Mayor Pro Tern Strathem closed the public hearing.
B. ORDINANCE NO. 2007-011: AN ORDINANCE OF THE CITY OF PARIS,
TEXAS, APPROVING THE SITE PLAN FOR A PLANNED DEVELOPMENT
DISTRICT-RETAIL SHOPPING CENTER (PD-a), PREVIOUSLY ESTABLISHED
BY THE ADOPTION OF ZONING ORDINANCE NO. 93-041, FOR LOT 7, CITY
BLOCK 318, LOCATED IN THE 3000 BLOCK OF LOOP 286 NE; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
Council Member Wilson asked for discussion regarding the drainage ditch. Ernie Clark said
the adjoining property owm:r, which is Texaco should have put money in escrow with the City for
the cost of the ditch. Council Member Wilson stated our ordinance requires a lined ditch. Shawn
Napier said the circumstance was unusual in that Texaco was not required to concrete line the ditch
or put money into escrow to build their part of it. Council Member Wilson urged the ordinance be
followed, but that they encourage this new business. Further, Council Member Wilson suggested
they look at putting in the ditch, with the owner paying half the cost and the City paying half the
cost. He stated they could charge it back by placing a lien on the property. Council Member Biard
said they should put a cap on the dollar amount. Mayor Pro Tern Strathern clarified they were
voting on item 4B.
A Motion to approve this item was made by Council Member Fisher and seconded by
Council Member Brown. Motion carried, 6 ayes - 0 nays.
A Motion to bring items 41 and J forward was made by Council Member Wilson and
seconded by Council Member Biard. Motion carried, 6 ayes - 0 nays.
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1. Consideration of and action on the Preliminary Plat of Lot 1, Block A, Texas Star
BBQ Addition 318, being located in the 3000 block of Loop 286 NE.
Shawn Napier recommended approval of the preliminary plat as submitted.
A Motion to approve this item was made by Council Member Wilson and seconded
by Council Member Fisher. Motion carried, 5 ayes - 0 nays.
J. Consideration of and action on the Final Plat of Lot 1, Block A, Texas Star BBQ
Addition 318, being located in the 3000 block of Loop 286 NE.
Shawn Napier recommended approval of the final plat subject to the-recommended changes.
Council Member Wilson wanted to know if they withdrew this item whether or not it would delay
the project. Shawn stated that once a plat was submitted you had to approve or deny it otherwise,
it stands as approved within thirty days. Shawn further stated that they could hold off on issuance
of a C.O. for them to move into the building until everything had been completed as directed. He
also said that would give them additional time to meet with Texaco owners. Council Member
Wilson said they could go ahead and approve it subject to the drainage being worked out. Kent
McIlyar pointed out that state law governs plat approval and if the Council does not either approve
or deny, the plat will be approved as a matter of law within thirty days. Under the city ordinance,
Shawn Napier told Council that a contractor could not get a building permit until there was a final
plat.
Council Member Fisher left the meeting at 6:50 p.m. and returned at 6:52 p.m.
A Motion to approve the final plat and the City to bear one-half of the cost of the
development of the ditch was made by Council Member Wilson. Council Member Biard stated that
he wanted a maximum cap on the amount to be paid by the City.
Council Member Wilson amended his motion as follows: A Motion to adopt the final plat
and that the City pay one-half of the cost up to a maximum of $8,000.00 to place a lined ditch
concrete flume along the east side of this property. Council Member Biard seconded the Motion.
Motion carried, 6 ayes - 0 nays.
Mayor Pro Tern Strathern returned Council to item 4C.
C. Consideration of and action on the Preliminary Plat of Lot 5, Block B, Spur 139
Business Park Addition, being number 1775 FM Highway 195.
A Motion to approve this item was made by Council Member Wilson and seconded
by Council Member Brown. Motion carried, 6 ayes - 0 nays.
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D. Consideration of and action on the Final Plat of Lot 5, Block B, Spur 139 Business
Park Addition, being number 1775 FM Highway 195.
A Motion to approve this item was made by Council Member Fisher and seconded by
Council Member Wilson. Motion carried, 6 ayes - 0 nays.
E. Consideration of and action on the Preliminary Plat of Lot 1, Block A, Peoples Bank
Place Addition 286, being number 2805 Lamar Avenue.
Council Member Gray left the meeting at 7:04 p.m.
A Motion to approve this item was made by Council Member Wilson and seconded
by Council Member Biard. Motion carried, 5 ayes - 0 nays.
F, Consideration of and action on the Final Plat of Lot 1, Block A, Peoples Bank Place
Addition 286, being number 2805 Lamar Avenue.
A Motion to approve this item was made by Council Member Wilson and seconded
by Council Member Fisher. Motion carried, 5 ayes - 0 nays.
G. Consideration of and action on the Preliminary Plat of Lot 1, Block A, Wise House
on Main 138, being number 554 South Main Street.
For clarification, Council Member Wilson stated that this was not the Wise House he owned
but a different Wise House.
A Motion to approve this item was made by Council Member Biard and seconded by
Council Member Fisher. Motion carried, 5 ayes - 0 nays.
H. Consideration of and action on the Final Plat of Lot 1, Block A, Wise House on Main
138, being number 554 South Main Street.
A Motion to approve this item was made by Council Member Fisher and seconded by
Council Member Biard. Motion carried, 5 ayes - 0 nays.
CONSENT AGENDA
Mayor Pro Tern Strathern inquired ifthere were any items that Council Members wanted to
pull from the Consent Agenda for discussion. There were none.
Council Member Gray returned to the meeting at 7:07 p.m.
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Council Member Fisher made a Motion to approve the Consent Agenda and Council Member
Biard seconded the Motion. The Council voted six (6) for and none (0) opposed to approve and
adopt the Consent Agenda, Items 5, 6, 6A, 6B, and 6C as follows:
5. Approval of minutes from previous City Council meetings. (5/21/07; 6/4/07)
6. Receipt of reports and/or minutes from committees, boards, and commissions:
A. Board of Adjustment. (4/1 0/07)
B. Paris Economic Development Corporation. (3/21/07; 4/12/07; 4/16/07;
5/7 /07)
C. Main Street Advisory Board. (2/26/07; 3/20/07)
7. Consideration of and action on the following resolutions:
A. RESOLUTION NO. 2007-057: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A LETTER
OF AGREEMENT BY AND BETWEEN THE CITY OF PARIS AND THE TEXAS
HISTORICAL COMMISSION TO QUALIFY THE CITY FOR ELIGIBILITY TO
CONTINUE TO PARTICIPATE AS A SUSTAINING CITY IN THE TEXAS
MAIN STREET PROGRAM; MAKING .OTHER FINDINGS AND PROVISIONS
RELA TED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
A Motion to approve this item was made by Council Member Biard and seconded by
Council Member Brown. Motion carried, 6 ayes - o nays.
B. RESOLUTION NO. 2007-058: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING THE
EXECUTION OF A COMMUNITY PARTNER MEMORANDUM OF
AGREEMENT WITH FEMA (FEDERAL EMERGENCY MANAGEMENT
AGENCY) IN ORDER TO UPDATE OUR CURRENT FLOOD INSURANCE
RATE MAPS; 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 Fisher and seconded by
Council Member Gray. Motion carried, 6 ayes - 0 nays.
C. RESOLUTION NO. 2007-059: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PARIS, TEXAS, APPROVING THE GROUNDS SUBLEASE
BETWEEN THE RED RIVER VALLEY FAIR ASSOCIA nON AND THE
AMERICAN LEGION POST #199 OF DEPORT, TEXAS TO CONDUCT BINGO
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June 11,2007
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OPERATIONS AT THE BIG TIME BEING BUILDING, 1845 FITZHUGH, PARIS,
TEXAS; 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 Biard and seconded by
Council Member Wilson. Motion carried, 6 ayes - 0 nays.
D. RESOLUTION NO. 2007-060: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PARIS, TEXAS, APPROVING THE GROUNDS SUBLEASE
BETWEEN THE RED RIVER VALLEY FAIR ASSOCIATION AND THE
HOPEWELL VOLUNTEER FIRE DEPARTMENT TO CONDUCT BINGO
OPERATIONS AT THE BIG TIME BINGO BUILDING, 1875 FITZHUGH
DRIVE, PARIS, TEXAS; 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 Biard and seconded by
Council Member Gray. Motion carried, 6 ayes - 0 nays.
E. RESOLUTION NO. 2007-061: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PARIS, TEXAS, APPROVING THE GROUNDS SUBLEASE
BETWEEN THE RED RIVER VALLEY FAIR ASSOCIATION AND BETTY
BRIDGERS FOR THE BINGO KITCHEN/CONCESSION FOR THE BINGO
BUILDING; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
A Motion to approve this item was made by Council MeI11ber Fisher and seconded by
Council Member Biard. Motion carried, 6 ayes - 0 nays.
8. Citizens Forum.
Ed Seidle, 1563 Pine Bluff - asked City Council to consider re-hiring Tony Williams.
9. 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, 6th Judicial District
Court, Lamar County, Texas
Mayor Pro Tern Strathem convened Council into Executive Session at 7:15 p.m.
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10. Reconvene in Open Session to authorize further action on the part of the City Attorney
regarding those matters discussed in the Executive Session.
Mayor Pro Tern Strathem reconvened in open session at 7: 18 p.m.
Kent McIlyar stated there was no action required from Council at this time.
11. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004-081.
Mayor Pro Tern Strathern inquired of staff and Council ifthere were any items to submit for
approval. None were referenced.
12. Information Items
Mayor Pro Tern Strathern referred Council to the following items in their packets:
A. Director of Finance update on Attorney fees.
B. Notice of meeting regarding the Sulphur River RMA in Austin, Texas on June 28,
2007.
C. CPI adjustments - right-of-way access.
13. Possible future agenda items.
Mayor Pro Tern Strathern reminded Council of a special meeting on June 18th to interview
possible candidates for the city manager position, as well as a work session on June 19th at 5:00 p.m.
to review the water rate study and develop direction for the 2007-2008 city budget as it related to
objectives and goals. Ernie Clark told Council there may be other items on the work session.
Council Member Wilson requested an item on the work session with regard to scheduling a training
session for Texas Open Meetings.
14. Adjournment.
There being no further business, Council Member Fisher made a Motion to adjourn and
Council Member Wilson seconded the Motion. Motion carried, 6 ayes - 0 nays The meeting was
adjourned at 7:20 p.m.
W.C. STRA THERN, MAYOR PRO- TEM
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