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04-A City Council Mtg Min REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS September 10, 2007 The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, September 10,2007, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Will Biard; Mary Ann Fisher; Don Wilson; Stephen Brown; and Bill Strathern, Mayor Pro Tern City Staff: Ernie Clark, Interim City Manager; Kent McIlyar, City Attorney; and Janice Ellis, City Clerk Absent: Council Member: Kevin Gray 1. Mayor Freelen called the meeting to order at 6:06 p.m. 2. Pledge of Allegiance and invocation. Mayor Freelen moved to item 3, because the pledge and invocation were given at the 3:30 meeting. 3. Citizens Forum. Lloyd Fry, Shiloh Street - stated that the grass and weeds were high at Walker Park and asked that the park be mowed on a regular basis. 4. CONSENT AGENDA Mayor Freelen inquired if there were any items that Council Members wanted to pull from the Consent Agenda for discussion. There were none. Council Member Strathern made a Motion to approve the Consent Agenda and Council Member Brown seconded the Motion. The Council voted six (6) for and none (0) opposed to approve and adopt the Consent Agenda, Items A, B(1), B(2), B(3), B(4), B(5), C, D, E and F as follows: A. Approval of minutes from previous City Council meetings. (8/27/07 and 8/30/07) B. Receipt of reports and/or minutes from committees, boards, and commissions: (1) Building and Standards Commission. (6/18/07) Regular City Council Meeting September 10, 2007 Page 2 (2) Historic Preservation Commission. (6/18/07; 6/25/07; 7/2/07; 7/11/07; 8/8/07) (3) Board of Adjustment. (7/16/07) (4) Airport Advisory Board. (4/19/07; 7/3/07) (5) Traffic Commission. (9/4/07) C. RESOLUTION NO. 2007-106: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DECLARING CERTAIN PERSONAL PROPERTY SURPLUS; APPROVING THE SALE OF SURPLUS PROPERTY AT A PUBLIC AUCTION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. D. RESOLUTION NO. 2007-107: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THE COMMISSIONERS COURT, LAMAR COUNTY, TEXAS, AND THE PARIS-LAMAR COUNTY HEALTH DEPARTMENT, ACTING BY AND THROUGH THE PARIS-LAMAR COUNTY BOARD OF HEALTH, AUTHORIZING THE EXECUTION OF A MEDICAL SERVICES CONTRACT WITH JON K. PLUMMER, M.D.; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. E. RESOLUTION NO. 2007-108: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE DEPARTMENT OF STATE HEALTH SERVICES ("DSHS") DOCUMENT NO. 2008-023731 (PROGRAMATTACHMENTNO.001- PURCHASE ORDER NO. 0000331441-IMMUNIZATION BRANCH-LOCALS), FOR REGIONAL AND LOCAL MEDICAL SERVICES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. F. RESOLUTION NO. 2007-109: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE APPLICATION FOR A JUSTICE ASSISTANCE GRANT PROGRAM (JAG) GRANT; AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE LAMAR COUNTY FELONY CRIMES UNIT; ACCEPTING SAID GRANT AWARD UPON NOTICE THEREOF; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Regular City Council Meeting September 10, 2007 Page 3 5. Second Public Hearing on the City's proposal to increase tax revenues from the preceding tax year and to set the tax rate for 2007, and announcing the date, time and place for City Council's vote on the tax rate. Mayor Free1en opened the public hearing and asked anyone wishing to speak, to please come forward and do so. With no one speaking, Mayor Freelen closed the public hearing. 6. Receipt of report from the Planning & Zoning Commission A. Public Hearing to consider the petition of Jim Gifford and Robert Metzger for a change in zoning from an Agricultural District (A) to a Multiple-Family Dwelling District No.2 (MF-2) on Part of Lot 9, City Block 317, being number 2110 Elk Hollow Drive, City of Paris, Texas, Lamar County, Texas. Mayor Free1en opened the public hearing and asked anyone wishing to speak, to please come forward and do so. Mario Garcia spoke in support of this item. With no one else speaking, Mayor Free1en closed the public hearing. B. ORDINANCE NO. 2007-022: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE PART OF LOT 9, CITY BLOCK 317, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT (A) TO A MUL TIPLE-F AMIL Y DWELLING DISTRICT NO. 2 (MF-2) DIRECTING A CHANGE ACCORDINGL Y IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEAL CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Fisher. Council Member Brown said there previously had been strong opposition to duplexes going in the area. He inquired of Lisa Wright if surrounding property owners had been contacted and she answered in the affirmative. Lisa went on to say that Planning and Zoning had approved the zoning change. Council Member Wilson stressed to Mr. Garcia that he would be required put in curbs and gutters when developing the property. Motion carried, 6 ayes - 0 nays. C. Public Hearing to consider the petition of Housing Associates of Paris, Ltd. For a change in zoning from an Agricultural District (A) to a Multiple-Family Dwelling District No. I(MF-1) on an 11.613 acre tract of land, being a part of the Reddin Regular City Council Meeting September 10, 2007 Page 4 Russell Survey, Abstract No. 786, and being number 2810 Stillhouse Road, City of Paris, Lamar County, Texas. Mayor Freelen opened the public hearing and asked anyone wishing to speak, to please come forward and do so. With no one speaking, Mayor Freelen closed the public hearing. D. ORDINANCE NO. 2007-023: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE 11.613 ACRE TRACT OF LAND BEING A PART OF THE REDDIN RUSSELL SURVEY ABSTRACT NO. 786, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT (A) TO A MULTIPLE-FAMILY DWELLING DISTRICT NO. 1 (MF -1) DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Biard. Motion carried, 6 ayes - 0 nays. E. Public Hearing to consider the petition of Wesley Lester for a change in zoning from a One-Family Dwelling District No.2 (SF-2) to a One-Family Dwelling District No. 3 (SF-3) with a Specific Use permit (39) Mobile Home on Lot 7, Block 1, Sperry's First Addition, being number 814 28th StreetNW, City of Paris, Lamar County, Texas. Mayor Freelen opened the public hearing and asked anyone wishing to speak, to please come forward and do so. Wesley Lester spoke in support of this item. With no one else speaking, Mayor Freelen closed the public hearing. F. ORDINANCE NO. 2007-024: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOT 7, BLOCK 1, SPERRY'S FIRST ADDITION, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE-FAMIL YDWELLING DISTRICT NO. 2 (SF-2) TO A ONE-FAMILY DWELLING DISTRICT NO.3 (SF-3) WITH A SPECIFIC USE PERMIT NO. (39) FOR A MOBILE HOME; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY'S PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALlY CLAUSE, AND AN EFFECTIVE DAlE. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. Regular City Council Meeting September 10, 2007 Page 5 G. Public Hearing to consider the petition of Thorn and Tim DeWitt to amend City Zoning Ordinance No. 1710 to designate as a Historic District No. 15 (HD-15) on Lot 7, City Block 135, being number 418 W. Washington, City of Paris, Lamar County, Texas. Mayor Freelen opened the public hearing and asked anyone wishing to speak, to please come forward and do so. Tim De Witt spoke in support of this item. With no one else speaking, Mayor Freelen closed the public hearing. H. ORDINANCE NO. 2007-025: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; DESIGNATING THE STRUCTURE ON THE PROPERTY LOCATED AT 418 W. WEST WASHINGTON STREET, IN THE CITY OF PARIS, TEXAS AS A HISTORIC STRUCTURE AND ESTABLISHING A HISTORIC OVERLA Y DISTRICT NO. 15 (HD-15) ON THE AFORESAID PROPERTY IN ACCORDANCE WITH THE RECOMMENDA nONS OF THE PLANNING AND ZONING COMMISSION AND THE HISTORIC PRESERVATION COMMISSION; PRESERVING THE RESPECTIVE EXISTING USE AND ZONING DESIGNATIONS OF THE PROPERTY SO DESIGNATED; DESIGNATING THE BOUNDARIES OF THE HISTORIC OVERLAY DISTRICT NO. 15 (HD-15) SO ESTABLISHED; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. Mayor Freelen said Council Member Wilson had asked to be recused. A Motion to recuse Council Member Wilson was made by Council Member Biard and seconded by Council Member Fisher. Motion carried, 5 ayes - 0 nays. A Motion to approve this item was made by Council Member Fisher and seconded by Council Member Brown. Motion carried, 5 ayes - 0 nays. A Motion to return Council Member Wilson to the meeting was made by Council Member Fisher and seconded by Council Member Biard. Motion carried, 5 ayes - 0 nays. 1. Public Hearing to consider a Site Plan submitted for Holiday Inn Express for Part of Lot 7, City Block 318, being number 3025 Loop 286 N.E., City of Paris, Lamar County, Texas. Mayor Freelen opened the public hearing and asked anyone wishing to speak, to please come forward and do so. Meuhel Patel spoke in support ofthis item. Gency Yoder of Paris Imaging Center expressed concern about the parking arrangements during construction. With no one else speaking, Regular City Council Meeting September 10, 2007 Page 6 Mayor Freelen closed the public hearing. J. ORDINANCE NO. 2007-026: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A SITE PLAN FOR A PLANNED DEVELOPMENT DISTRICT - COMMERCIAL CENTER (PD-al), PREVIOUSLY ESTABLISHED BY THE ADOPTION OF ZONING ORDINANCE NO. 2007-013, FOR LOT 7, CITY BLOCK 318, CITY OF PARIS, LAMAR COUNTY, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCE OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Fisher. Council Member Brown inquired about the number of rooms and parking spaces. Mr. Patel said there would be eight-five rooms and ninety-two parking spaces. Mayor Freelen wanted to know what measures would be taken to keep traffic off of Paris Imaging's property. Mr. Patel stated that when construction begins, they will place a fence around their property and instruct contractors not go onto the property of Paris Imaging. Motion carried, 6 ayes - 0 nays. K. Consideration of and action on a Preliminary Plat for Lots 1 and 2, Block A, Chan Estates Addition CB257 A, being number 2340 Cherry Street and 2351 Pine Bluff Street, City of Paris, Lamar County, Texas. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. L. Consideration of and action on a Preliminary Plat for Lots 1 and 2, Block A, Baxley Addition CB222, being number 196 and 198 20th Street NE, City of Paris, Lamar County, Texas. A Motion to approve this item was made by Council Member Fisher and seconded by Council Member Strathem. Motion carried, 6 ayes - 0 nays. M. Consideration of and action on a Final Plat for Lot 2, Block A, Pshigoda South Addition CB 311, being located in the 3500 block ofClarksville Street, City of Paris, Lamar County, Texas. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. Regular City Council Meeting September 10, 2007 Page 7 N. Consideration of and action on a Final Plat for Lot 1, Block A, Longhorn Addition CB307, being located in the 100 block of Loop 286 NW, City of Paris, Lamar County, Texas. A Motion to approve this item was made by Council Member Brown and seconded by Council Member Wilson. Motion carried, 6 ayes - 0 nays. 7. Consideration of and action on the following ordinances: A. ORDINANCE NO. 2007-027: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 2-98 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS; PROVIDING FOR AN INCREASE IN EMERGENCY AND NON-EMERGENCY AMBULANCE SERVICE RATES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Biard. Kent Klinkerman explained that the increase would be an additional $1.00 per mile. Motion carried, 6 ayes - 0 nays. B. ORDINANCE NO. 2007-028: AN ORDINANCE OF THE CITY OF PARIS, TEXAS, AMENDING ARTICLE I, CHAPTER 18, JUDICIAL DEPARTMENT, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS BY ADDING A NEW SECTION 18-8, JUROR FEES; PROVIDING THAT PERSONS WHO REPORT FOR JURY DUTY IN RESPONSE TO SUMMONS BY MUNICIPAL COURT SHALL RECEIVE A JUROR FEE; PROVIDING A REPEALER CLAUSE AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. 8. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2007-110: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND ADOPTING THE CITY COUNCIL'S GOALS AND OBJECTIVES FOR THE CITY OF PARIS; 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 Biard and seconded by Council Regular City Council Meeting September 10, 2007 Page 8 Member Fisher. After discussion of the goals and objectives, Council made changes as follows: A. Develop ten-year capital improvement plan for water and wastewater systems; B. Prepare Strategic Business Plan prior to March 31 2008; C. Clean up the appearance of the City by increased emphasis on code enforcement; D. Prior to April 2008, the City Council will give direction to the City Manager to target for budget expenditures and the tax rate for the fiscal year; E. Develop and implement process to benchmark productivity and efficiency of programs and personnel by June 1,2008; Council Member Biard amended his Motion to approve the goals and objectives with the changes listed above and Council Member Strathem seconded the Motion. Motion carried, 6 ayes - o nays. B. RESOLUTION NO. 2007-011: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING A MEMBER TO THE TRAFFIC COMMISSION TO SERVE THE UNEXPIRED TERM OF MARY LANE WALTHALL, WHICH EXPIRES JUNE 30, 2010; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mayor Freelen recommended Matt Fierson to fill the unexpired term. There were no other recommendations. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. C. Presentation by Tim Masters, Director of Red River Valley Fair Association, Inc. regarding recent improvements made to the Red River Valley Fairground. Tim Masters informed Council they had made renovations to Building B in the amount of over $28,000.00. He went on to say they had sheet-rocked, tiled the floor, and installed emergency lighting. He also said they have spent over $29,000.00 on the Bingo Building by addressing the drainage and parking issues. D. RESOLUTION NO. 2007-112: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION Regular City Council Meeting September 10, 2007 Page 9 OF A LANDLORD'S CONSENT AGREEMENT (ATTORNMENT) TO SUBORDINATE THE CITY'S LANDLORD LIEN ON THE FAIRGROUND PROPERTY FOR IMPROVEMENTS TO BE MADE BY THE RED RIVER VALLEY FAIR ASSOCIATION, INe.; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mayor Freelen stated this item was previously tabled and asked for a Motion to bring it forward. A Motion to bring the item from the table was made by Council Member Strathem and seconded by Council Member Wilson. Motion carried, 6 - ayes 0 nays. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Fisher. Council Member Strathem wanted to know what would happen if Red River Valley Fair Association failed to make the loan payments. Tim Masters stated the lending facility would assume the lease. Mr. Masters apologized to Council for not doing a presentation prior to obtaining funding for the renovations. Subject to Exhibit "B" being attached to the Agreement and First Federal Savings and Loan Association being changed to First Federal Community Bank, the Motion carried, 6 ayes - 0 nays. 9. Approval of Joint Proclamation with Lamar County proclaiming the month of November, 2007, as "Hire a Veteran Month" in the City of Paris. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Biard. Motion carried, 6 ayes - 0 nays. 10. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Kevin Carruth stated he had one request to attend the TML training and needed direction, because it was not a budgeted item and the registration fee would come out of this budget. Council Members Fisher and Strathem both expressed they wanted to attend the training. A Motion to pay the registration fee was made by Council Member Brown and seconded by Council Member Strathem. Motion carried, 6 ayes - 0 nays. 11. Possible future agenda items. Council Member Biard said there was a possibility he would not be at the meeting Wednesday. Council Member Wilson said he would not be available September 29th through October 12th. Council Member Brown said he would not be available October 9th through October 14th. Regular City Council Meeting September 10, 2007 Page 10 12. Information Items: A. Monthly water and sewer calls. B. ATMOS Energy Corp, Mid-Tex Division - Annual Gas Cost Reconciliation Filing. 13. Adjournment. There being no further business, Council Member Biard made a Motion to adjourn and Council Members Strathem and Wilson seconded the Motion. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 7:40 p.m. JESSE JAMES FREELEN, MA YOR JANICE ELLIS, CITY CLERK