Loading...
05 Approval of Official Record of CouncilCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 11/18/08 Council Date: City Clerk Janice Ellis 5. 11 /24/08 RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE(S): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meetings on October 27, 2008; November 10, 2008; and November 17, 2008. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meetings ACTION: BUDGET INFO: ❑ Financial Report Z Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance yTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z Ciry Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris • U(a0001. Revised 2/04/08 ...T.., . ~...Y.._. REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS October 27, 2008 The City Council of the City of Paris met for a regular session at 5:00 P. M. Monday, October 27, 2008, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Joe McCarthy; Kevin Kear; Stephen Brown; Will Biard; and Edwin Pickle City Staff: Kevin Carruth, City Manager, Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Shawn Napier, City Engineer; Doug Harris, Director of Utilities; Lisa Wright, Community Development Director; Priscilla McAnally, Library Director; Tom Hunt, Municipal Judge; Karl Louis, Police Chief; and Ronnie Grooms, Fire Chief Onening Agenda 1. Call meeting to order. Mayor Freelen called the meeting to order at 5:10 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Biard led the pledge. 4. Convene in joint session with the Paris Economic Development Corporation. Mayor Freelen convened City Council into a joint session with the Paris Economic Development Corporation at 5:12 p.m. Vice-President Bawcum convened Paris Economic Development Corporation into session. PEDC Board Members attending the meeting were Glenn Bawcum, Chad Brown, Dick Severson, John Wright, and Pike Burkhart. Also, in attendance was PEDC Director Pete Kampfer. 5. Hear and deliberate on presentation from Consensus Planning on the Strategic Planning Process. - 00000~ Regular City Council Meeting October 27, 2008 Page 2 Pete Kampfer introduced Jim Strozier of Consensus Planning, Inc. Mr. Stozier gave a presentation outlining the process for the strategic plan for the City of Paris. Mr. Stozier explained it would take eight to ten months to complete the project. Council Member Brown inquired about funding of the project. Pete Kampfer said he was going to ask the PEDC Board to consider funding the project. 6. Adjourn joint meeting with the Paris Economic Development Corporation. A Motion to adjourn the meeting with PEDC was made by Council Member McCarthy and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays. Vice-President Bawcum adjourned the PEDC meeting. Upon adjournment of the joint meeting with Paris Economic Development Corporation, Mayor Freelen continued with the regular City Council meeting. 7. Citizens' forum. Leo Salas, 205 N.E. 10`h Street - he objected to the cell phone ordinance as written, because operators with FCC licenses would be unable to operate their radios. Bee Garmon, 424 N.E. 17`h - she said the Keep Paris Beautiful and Make Lamar County Shine wanted to organize volunteers to adopt a site to keep clean, such as a city park. She said this would free up city employees to do other work. Nancy Bratteli, 3185 Allen - she commended Kevin Carruth for his support in the school system and the community. In addition, she read a letter from Pat Gilbert, Principal of Aiken Elementary School, who also commended Kevin Carruth for his involvement in the school system and the community. Edwin Pickle - he said he would like for the city employees to become more involved in the United Way Campaign. Consent Agenda Mayor Freelen said they needed to move items 11, 12 and 13 to the regular agenda, because the items were ordinances. A Motion to move items 11, 12 and 13 to the regular agenda was made by Council Member Biard and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays Mayor Freelen asked if there were any items Council wanted to pull for discussion. Council Member Kear inquired if the City staff had heard back from Intercon Demolition regarding the Casa Bonita project. Lisa Wright said she had received the contracts on Friday and taken them to the City . 000003 Regular City Council Meeting October 27, 2008 Page 3 Attorney's Office this morning for review. 8. Deliberate and act on the approval of minutes from the meetings on October 7, 2008; October 13, 2008; and October 20, 2008. 9. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Planning and Zoning (October 6, 2008) 10. Deliberate and acceptance of September monthly financial report. 14. Deliberate Casa Bonita demolition project. Subject to the minutes of October 13, 2008, being corrected to reflect that Vickey Odell should be Vickey Ladell, Council Member McCarthy 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 Consent Agenda Items 8, 9, 10, and 14. Regular Agenda 11. First Reading - ORDINANCE NO. 2008-036: AN ORDINANCE OF THE CITY COLJNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO SANITATION SOLUTIONS, FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND/OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND 1NDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARiNG AN EFFECTNE DATE. 12. First Reading - ORDINANCE NO. 2008-037: AN ORDINANCE OF THE CITY COIINCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO WASTE MANAGEMENT OF TEXAS, FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND/OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND 1NDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. . ooo0o111 Regular City Council Meeting October 27, 2008 Page 4 13. First Reading - ORDINANCE N0.2008-038: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO TRASITY BUSINESS, FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND/OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTNE DATE. A Motion to move to a super majority vote on items 11, 12 and 13 was made by Council Member Brown and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays. A Motion to approve items 11, 12 and 13 was made by Council Member McCarthy and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. 15. Public hearing, deliberate and act on second reading of ORDINANCE NO. 2008-039: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER 1, 2008, AND ENDING SEPTEMBER 30, 2009, AS AMENDED, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF PARIS; APPROPRIATING THE VARIOUS AMOUNTS THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mayor Freelen opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. No one spoke. Mayor Freelen asked for anyone wishing to speak in opposition, to please come forward. With no one speaking, Mayor Freelen closed the public hearing. A Motion to approve this item was made by Council Member Biard and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. 16. First Reading of AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ESTABLISHING MAXIMUM, REASONABLE AND PRUDENT RATES OF SPEED ON FM 79 FROM THE NORTHWEST CITY LIMITS SOUTH TO BUSINESS US 82/BONHAM STREET 1N THE CITY OF PARIS, TEXAS; PROVIDiNG A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. - UOU005 Regular City Council Meeting October 27, 2008 Page 5 17. First reading of AN ORDINANCE OF THE CITY COLTNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE CITY OF PARIS CODE OF ORDINANCES BY REVISING SECTION 26-1 OF SAID CODE TO AUTHORIZE THE STAFFING LEVELS OF THE POLICE DEPARTMENT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. 18. RESOLUTION NO. 2008-093: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES CONTRACT WITH HDR ENGINEERING, 1NC. FOR WATER SUPPLY PLANNING CONSULTING SERVICES FOR LAKE PAT MAYSE WATER AVAILABILITY STUDY TO INCREASE THE NOT TO EXCEED PRICE IN THE EXISTING CONTRACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Council discussed the increase of the HDR contract. Initially Council approved $75,000.00 and HDR requested an additional $95,000.00 to cover the expense of work that needed to be done to complete the project. A motion to approve this item with the amendment to equal the amount of $122,500.00 as a maximum cap to HDR's contract was made by Council Member Kear and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. 19. RESOLUTION NO. 2008-094: A RESOLUTION OF THE CITY COLJNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE CITIES AGGREGATION PROJECT, 1NC. (CAPP) TO NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY AND NECESSARY RELATED SERVICES EFFECTIVE JANUARY l, 2009; APPROVING CAPP CONTRACTING WITH FPL ENERGY AND DIRECT ENERGY AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH CAPP FOR THE CITY'S ELECTRICITY NEEDS FOR THE PERIOD BEGINNING JANUARY 1, 2009 AND EXTENDING UP TO DECEMBER 31,2013; COMMITTING TO BUDGET FOR ENERGY PURCHASES AND TO HONOR THE CITY' S COMMITMENTS TO PURCHASE POWER THROUGH CAPP FOR ITS ELECTRICAL NEEDS FOR THE PERIOD BEGINNING JANUARY 1, 2009, AND EXTENDING UP TO DECEMBER 31, 2013; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Council discussed the term and amount of the contract of a fixed rate for a five year electrical contract at eight to eight and one-half percent with FPL and Direct Energy. This would include all city facilities. , $ A Motion to approve this item was made by Council Member Biard and seconded by Council - onow Regular City Council Meeting October 27, 2008 Page 6 Member McCarthy. Motion carried, 6 ayes - 0 nays. 20. First reading of AN ORDINANCE OF THE CITY COtJNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 31, TRAFFIC CODE, OF THE CODE OF ORDINANCES BY ADDING A NEW DIVISION 4, USE OF HAND HELD DEVICES IN SCHOOL ZONES, AND SECTION 31-58, REGULATING THE USE OF HAND-HELD MOBILE TELEPHONES AND MOBILE COMMUNICATION DEVICES IN REDUCED SPEED SCHOOL ZONES; MAKING OTHER FINDINGS AND PROVISION RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE. City Council directed staff to include in this ordinance an exception for emergency services. 21. Convene into Executive Session pursuant to Section 551.074 of the Texas Government Code, to deliberate the appointment, employment, evaluation, or reassignment, duties, discipline, or dismissal of a public officer or employee as follows: a. Annual evaluation of the City Manager. Mayor Freelen convened Council into executive session at 7:26 p.m. 22. Convene into open session to deliberate and possibly act on matters discussed in executive session. Mayor Freelen reconvened Council into open session at 8:34 p.m. and announced that there was no action to be taken. 23. Oath of Office for District Seven Council Member to be administered to Rhonda Rogers. City Clerk Janice Ellis administered the Oath of Office to Rhonda Rogers. 24. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. 25. Deliberate on possible future agenda items. Council Member McCarthy requested an update on LaQuinta. Council Member Kear requested a presentation from the Lake Pat Mayse Water Study Committee. Regular City Council Meeting October 27, 2008 Page 7 Council Member Kear requested an item on short and long term plans for the water treatment plant. Mayor Freelen requested an update on One Oak. Council Members McCarthy and Brown requested an update on Westgate. 26. Adjournment. There being no further business, a Motion to adj ourn was made by Council Member Biard and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 8:47 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK omos REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS November 10, 2008 The City Council of the City of Paris met for a work session at 5:00 P. M. followed immediately by meeting in regular session on Monday, November 10, 2008, at the City Council Chamber, 107 E. Kaufrnan, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Joe McCarthy; Kevin Kear; Stephen Brown; Will Biard; Edwin Pickle; and Rhonda Rogers City Staff Kevin Cairuth, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Shawn Napier, City Engineer; Doug Harris, Director of Utilities; Lisa Wright, Community Development Director; Karl Louis, Police Chief; and Ronnie Grooms, Fire Chief Mayor Freelen called the work session to order at 5:00 p.m. and moved the work session to the City Council conference room. Council discussed the Consent Agenda items and took no action during the work session. Openin$ Agenda 1. Call meeting to order. Mayor Freelen called the regular meeting to order at 6:08 p.m. 2. Invocation. Reverend Jason Rogers gave the invocation. 3. Pledge of Allegiance. Council Member Pickle led the pledge. 4. Citizens' forum. Josh Bray of Sanitation Solutions, 1580 Cobb Ranch Road - he told City Gouncil that they were in the process of permitting a landfill and that they would like the oppartunity to bid on the landfill contract. - U00009 Regular City Council Meeting November 10, 2008 Page 2 Don Holladay, 3935 Oleander - he said the reclassifications and new position should not be considered at this meeting, but at the next budget cycle. Don Taylor, 515 Bunker - he said there was a problem between the fire marshal and building official. Mayor Freelen told him that was being resolved. Ray Banks, 3450 Robin Road - he said he did not understand why Mr. Holliday and Mr. Taylor were not allowed to complete their remarks. Mayor Freelen replied that the previous speakers began making derogatory personal comments about staff and this was not the forum to do that. Consent Agenda Mayor Freelen stated that City Council had covered the consent agenda items in the work session and inquired if anyone desired to have additional discussion. No additional discussion was requested. Council Member McCarthy made a Motion to approve the Consent Agenda and Council Member Brown seconded the Motion. The Council voted seven (7) for and none (0) opposed to approve and adopt Consent Agenda Items 5, 6, 7, 8, 9, 10, 11, and 12. 5. RESOLUTION NO. 2008-095: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING THE BID FOR THE PURCHASE OF FOUR (4) 2009 FORD CROWN VICTORIA POLICE PATROL CARS FOR USE IN THE PARIS POLICE DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 6. Deliberate and acceptance of monthly financial report. Finance Director Gene Anderson presented the October 2008 financial report to City Council. 7. Report on actuals for the 2007-2008 budget year. Gene Anderson gave a report of actual revenues and expenditures for the Fiscal Year 2007-08. Deliberate on drainage ditch maintenance report. Shawn Napier told City Council that a total of 704.5 labors and $57,827.00 were used to complete 39 projects. 9. Report on goals and objectives. Kevin Carruth gave an updated report on the goals and objectives. (See Exhibit "A" attached) 10. Deliberate on Casa Bonita demolition project. - 000010 Regular City Council Meeting November 10, 2008 Page 3 Lisa Wright stated the contract documents were received back from Intercon on October 24`'', but that the bond was not signed and not in the correct amount. She said Intercon told her they would remedy this and forwarded a corrected bond. Ms. Wright said she anticipated a notice to proceed being issued on all buildings in the complex by the date of the next Council meeting, with demolition beginning by no later than mid-November. 11. Report on demolition of dilapidated hauses. Lisa Wright gave the activity report for the month of October. 12. RESOLUTION NO. 2008-096: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROViNG AND AUTHORIZING THE EXECUTION OF A LICENSE AND SERVICE AGREEMENT WITH CIVICPLUS TO DESIGN, DEVELOP, 1NSTALL, IMPLEMENT, TEST AND SUPPORT THE CITY'S WEBSITE PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTNE DATE. Regular Agenda 13. Second reading, deliberate and act on ORDINANCE NO. 2008-040: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ESTABLISHING MAXIMUM, REASONABLE AND PRUDENT RATES OF SPEED ON FM 79 FROM THE NORTHWEST CITY LIMITS SOUTH TO BUSINESS US 82BONHAM STREET IN THE CITY OF PARIS, TEXAS; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Subject to a typo on the speed limit being changed to fifty-five, a Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. 14. Second reading, deliberate and act on ORDINANCE NO. 2008-041: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE CITY OF PARIS CODE OF ORDINANCES BY REVISING SECTION 26-1 OF SAID CODE TO AUTHORIZE THE STAFFING LEVELS OF THE POLICE DEPARTMENT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Brown and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. ~~noo1l Regular City Council Meeting November 10, 2008 Page 4 15. Second reading, deliberate and act on ORDINANCE NO. 2008-042: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 31, TRAFFIC CODE, OF THE CODE OF ORDINANCES BY ADDING A NEW DIVISION 4, USE OF HAND HELD DEVICES IN SCHOOL ZONES, AND SECTION 31-58, REGULATING THE USE OF HAND-HELD MOBILE TELEPHONES AND MOBILE COMMUNICATION DEVICES IN REDUCED SPEED SCHOOL ZONES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 16. Public hearing to provide an opportunity to present comments and written evidence; deliberate, first reading and possibly act on ORDINANCE NO. 2008-043: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND ADOPTING REVISIONS TO THE FUTURE LAND USE PLAN MAP FOR THE CITY OF PARIS AS SETH FORTH HEREIN; MAKING OTHER FINDINGS AND PROVISIONS RELATE D TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE: a. That the future land use recommended for the property located on Lot 1, City Block 307-A, being number 3215 North Main Street, be changed from Retail to Light Industrial. b. That the future land use recommended for the property located on 8.5 acres being a part of the A208 E. Crow Survey, Tracts 24 and 78, being number 4050 Pine Mill Road, be changed from Low Density Residential to High Density Residential. Lisa Wright asked that the public hearings under items 16 a and 17 be combined, as well as 16b and 17. A Motion to combine the public hearings as requested was made by Council Member McCarthy and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. Lisa Wright explained that the property owner wanted to build a warehouse at 3215 N. Main for the purpose of serving Campbell Soup. She said the Future Lane Use Plan Map recommends that this area be zoned for retail use and a warehouse would not be allowed. She also said the Planning and Zoning Commission recommended that the map be amended to allow for Light Industrial use for this property. Lisa Wright said the property owner of 4050 Pine Mill Road wanted to build several duplexes . U00(l1~ Regular City Council Meeting November 10, 2008 Page 5 and four-plexes on the property. Ms. Wright said the Future Land Use Plan Map recommended that this area be zoned for Low Density Residential use and that the Planning and Zoning Commission recommended that the map be amended to allow for Light Industrial Use on this property. Council Member Biard expressed a concern about 3215 N. Main being a gateway entrance and inquired if the property owner would have to submit a plat. Lisa Wright answered in the affirmative. Council Member Rogers said she would like to speak with her constituents prior to voting on this item. Mayor Freelen opened the public hearing and asked anyone wishing to speak about the property located at 3215 N. Main, to please come forward. Without no one speaking, Mayor Freelen closed the public hearing. Mayor Freelen opened the public hearing and asked anyone wishing to speak about the properiy located at 4050 Pine Mill Road, to please come forward. Wayne Brown, 3305-33rd N.E. spoke in support of the item. With no one else speaking, Mayor Freelen closed the public hearing. A Motion to consider this item by a super majority vote was made by Council Member Brown and seconded by Council Member Pickle. Motion carried, 6 ayes - 1 nay, with Council Member Rogers casting the dissenting vote. A Motion to approve the amendments to the Future Lane Use Plan Map was made by Council Member Kear and seconded by Council Member Pickle. Motion carried, 6 ayes -1 nay, with Council Member Rogers casting the dissenting vote. 17. Public hearing, deliberate, first reading and possibly act on 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 1, CITY BLOCK 307-A, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) TO A LIGHT INDUSTRIAL DISTRICT (LI) 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. The public hearing was conducted under item 16. Council Member Biard said he wanted to obtain more information prior to voting on this item. It was a consensus of the City Council to bring this ordinance back for a second reading. 18. Public hearing, deliberate, first reading and possibly act on ORDINANCE NO. 2008-044: 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 AN 8.5 ACRE TRACT OF LAND, . UOUOl;i Regular City Council Meeting November 10, 2008 Page 6 BEING A PART OF THE E. CROW SURVEY, A208, TRACT 24 AND 78 AND BEING LOCATED AT 4050 P1NE MILL ROAD, CITY OF PARIS, LAMAR COUNTY, TEXAS FROM AN AGRICULTURAL DISTRICT (A) TO A MULTIPLE-FAMILY DWELLING DISTRICT NO. 2(MF-2) DIRECTiNG A CHANGE ACCORDINGLY 1N THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. The public hearing was conducted under item 16. A Motion to consider this item by a super majority vote was made by Council Member McCarthy and seconded by Council Member Brown. Motion carried, 6 ayes - 1 nay, with Council Member Rogers casting the dissenting vote. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Brown. Motion carried, 6 ayes - 1 nay, with Council Member Rogers casting the dissenting vote. 19. RESOLUTION NO. 2008-097: A RESOLUTION OF THE CITY COLINCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A GRANT APPLICATION WITH THE U.S. ENVIRONMENTAL PROTECTION AGENCY FOR A BROWNFIELDS CLEANUP GRANT FOR THE PURPOSE OF MITIGATING ENVIRONMENTAL HAZARDS AT THE GRANT THEATER; AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF PARIS ANY AND ALL DOCUMENT S ASSOCIATED WITH THE APPLICATION FOR SAID GRANT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTNE DATE. Mayor Freelen opened the public hearing and asked anyone wishing to speak in support or opposition of this item, to please come forward. Gary Brown, 32 Clarksville Street, spoke in support of this item. With no one else speaking, Mayor Freelen closed the public hearing. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. 20. Deliberate and act on the Master Plat and Preliminary Plat of Lot 3, Block A, Pine Mill Business Park, located in the 3700 block of Pine Mill Road. Shawn Napier recommended that the plats be approved. A Motion to approve the plats was made by Council Member Brown and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. 21. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, r 00(M14 Regular City Council Meeting November 10, 2008 Page 7 APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES CONTRACT WITH CONSENSUS PLANNING, INC. FOR STRATEGIC PLANNING CONSULTING SERVICES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Kevin Carruth said the City requested qualifications and received four responses by the September 8 deadline. He said the RFQ Committee interviewed Consensus Planning and BWR Engineering on September 29 and the Committee recommended Consensus Planning. Mayor Freelen stated that originally PEDC had agreed to pay the full amount, but had since agreed to pay only one- half. Several Council Members expressed dissatisfaction with the cost of the consultant, as well as an example of their work due to grainmatical errors. Several Council Members preferred that the City staffdraft a strategic business plan. Mayor Freelen explored the possibility of hiring someone to train the department heads on preparation of a business strategic plan. Council Member Rogers said she wanted to make sure that implementation of the plan was included in the training. Council Member Biard suggested they not take action on this item until a later date. A Motion to table this item was made by Council Member Biard and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. 22. Convene into Executive Session pursuant to Section 551.071 ofthe Texas Government Code, Consultation with Attorney, to receive legal advice from the City Attorney about pending or contemplated litigation and/or on matters in which the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, clearly conflict with this chapter as follows: a. To receive Attorney advice regarding legal issues on a proposed amendment to the landfill contract with Waste Management. A Motion to discuss this item in open session was made by Council Member Brown and seconded by Council Member Pickle. Council Member Biard said he was not comfortable discussing this item in open session, because it was posted to receive advice regarding legal issues. Council Meinber Biard inquired if this item was to discuss only legal issues. City Attorney Kent McIlyar answered in the affirmative. Council Member Brown withdrew his motion and Council Member Pickle withdrew his second. Mayor Freelen convened City Council into executive session at 7:20 p.m. 23. Reconvene in open session to deliberate and possibly act on matters discussed in Executive Session. Mayor Freelen reconvened City Council into open session at 7:35 p.m. and announced there ~ (100<<15 Regular City Council Meeting November 10, 2008 Page 8 was no action to be taken. 24. RESOLUTION NO. 2008-098: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS AND LAMAR COUNTY, TEXAS TO MAKE APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE FOR A GRANT FOR THE CONTINUATION OF 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 EFFECTNE DATE. A Motion to approve this item was made by Council Member Biard and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. 25. Deliberate on reclassifications and Safety Officer position in proposed FY 2008-2009 budget. After a brief discussion, it was a consensus of the City Council to bring this item back to Council at the second meeting in February. 26. Deliberate on vehicle allowances. It was a consensus of the City Council to also bring this item back at the second meeting in February. 27. Presentation and deliberate on fire station re-alignment plan. Chief Ronnie Grooms gave a presentation of re-alignment of the fire department citing that the fire department would retain all firefighter positions. Council Members commended Chief Grooms for this plan. 28. Consider and approve future events for City Council and/ar City Staff pursuant to Resolution No. 2004-081. None were referenced. 29. Deliberate on possible future agenda items. City Manager Kevin Carruth reminded City Council that a special meeting was scheduled for Monday, November 17`'' at 5:00 p.m. to canvass the results of the election. 30. Adjournment. . UOO016 Regular City Council Meeting November 10, 2008 Page 9 There being no furtherbusiness, a Motion to adjourn was made by Council Member Biard and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. The meeting was adjourned at 8:28 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK . p0~C11 i ~ ~I ~ ~ ~ C!3 ~ ~ ~ ~ V ~ ~ ~ ~ ~ ~ ~ ~ V 00 0 ~o O ~ ~ ~ y a ~ ~ ~o ~ oA ~ U ~ en ~ ~ 0 30 o 3~ Z ~ ~ « pq N G O a O C ~ ~ 00 C oN o o 3 U . o o U a co nti ° o a r~' 3 ~ ~ a~ ~ o ~ ~ „ • • ~ ~ U U ~ ~ °U anaC . ~ O ~ 00 0 00 cn ..a ~ ~ U ~ 00 A o'o o ~ A ~ 00 C:e s.. ~ ~ c~ 3 ~ ~ a~ a~ ~ ~ ~ C~. ~ ~ ~ O ~ ~ U 4. ~ ~ O ~ 0 3 ~ C~ 3 ~ 00 0 ~ 0 O ~ ~ ~ a~ ~ a~ ft3 ~ "d 142 C's cz W E~ U ~ U y,, cn 40. i~ ~ 42 ~ Cy, ~ ~ U ~ ~.r W N 1 M cn N > ~ o o o a~ 3 ~ ~ ~ :o ~ 00 00 • ° ~ > > o N o~o i ~ ~ y ~ ~ -~o ~ ~ ~ ~ ~A 40 v~ • ~ v ~ O Z U O ^C ~ ~ ~ o U ~ ~ 3 ° to~N 'a~ v•~ ~ "t~ o •v " 000 M~ t=. c°'ia3 ° (u~~~~~~°~3~ ~ pp 7 00 11 ~ a Q V~i M ~ o r o ~ ~ ~ O O 0 O O r Evu aX ° ~ c ~ c > ~ c r- C ~ U I¢ C*~ 0 0 N bn ~ 'o bn A ~ ~ ~ ai 0 ~ ~ ~ U on ~ ~ ~ U ~ ~ C U V ~ (U W U ~ ~ U rA ~ ~ • C~ CO y S-L a~ R ~ N " O Uu v Exhibit "A" . uuuol'o ~ I~ ~ I~ ~ 0 0 M It s., ~ ~ by-0 ~ ~ O .r ~ O ~ • cd ~ U ~ ~ ir U ~ ~ ~ ct O -d ~ o k. N U ~ O b U ~ cd o0 H bA O pp ~ N 0 0 C>Z, I,'3 cr ~ ~ ocznb ~ 00 0 00 N ~ ~ 0 0 N r. ~ ~ S~. O ~ ~ ~ ~ U ~ c~3 ~ O cz 'C7 a" s., 44~ ~ O ~ ~ U ~ ~ ~ Q ~ 1 r-~ I06 0 C C 0 ~ c i ~ O ~ ~ ~ I~ 00 0 0 N ~ N U ~ ~ ~ W ti ~ ~ ct ~ "q O ~ ~ N U O ~ ~ ~ V ~ ~ ~ C~ + Ul~~~.) ~:7 SPECIAL MEETING OF THE CITY COUNCIL, CITY OF PARIS November 17, 2008 The City Council of the City of Paris met for a special meeting at 5:00 P. M. on Monday, November 10, 2008, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Joe McCarthy; Stephen Brown; Will Biard; Edwin Pickle; and Rhonda Rogers City Staf£ Kevin Carruth, City Manager; Kent McIlyar, City Attorney; Nicki Brown, Deputy City Clerk Absent: Council Member Kevin Kear Opening Agenda Call meeting to order. Mayor Freelen called the meeting to order at 5:00 p.m. 2. Invocation. Council Member McCarthy gave the invocation. 3. Pledge of Allegiance. Council Member Rogers led the pledge. Regular Agenda 4. Canvass the returns of the Special Election; deliberate and act on RESOLUTION NO. 2008- 099: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CANVASSING THE RETURNS FOR THE NOVEMBER 4, 2008, CITY-WIDE SPECIAL ELECTION ON A PROPOSITION CALLING FOR THE ADOPTION OF AN ORDINANCE ESTABLISHING A LIMIT ON THE TOTAL AMOUNT OF TAXES THAT MAY BE IMPOSED ON THE RESIDENCE HOMESTEAD OF A DISABLED PERSON OR PERSON SIXTY-FIVE (65) YEARS OF AGE OR OLDER PURSUANT TO ARTICLE 8, SECTION 1-b(h) OF THE TEXAS CONSTITUTION AND TEXAS TAX CODE SECTION 11.261; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. City Attorney Kent McIlyar canvassed the returns for the special election. Mr. McIlyar reported that 2,281 total votes were cast in favor of the proposition and 156 total votes cast in a UOU026 Special City Council Meeting November 17, 2008 Page 2 opposition to the proposition. A Motion to approve the canvass was made by Council Member Pickle and seconded by Council Member Biard. Motion carried, 6 ayes - 0 nays. 5. First reading, deliberate and possibly act on ORDINANCE NO. 2008-045: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ARTICLE II, CHAPTER 30, TAXATION OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS, BY ADDING A NEW DIVISION 3, TAX LIMIT FOR QUALIFIED PERSONS, SECTION 30-32, TAX LIMIT FOR DISABLED PERSONS OR PERSONS 65 YEARS OF AGE OR OLDER; ESTABLISHING AN ANNUAL CAP ON CITY AD VALOREM TAXES FOR QUALIFYING INDIVIDUALS PURSUANT TO ARTICLE 8, SECTION 1-b(h) OF THE TEXAS CONSTITUTION AND SECTION 11.261 OF THE TEXAS TAX CODE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. A Motion to move to a super majority vote was made by Council Member Biard and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. A Motion to approve this ordinance was made by Council Member Biard and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. 6. Adjournment. There being no further business, a Motion to adjourn was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 5:08 p.m. JESSE JAMES FREELEN, MAYOR NICKI BROWN, DEPUTY CITY CLERK w U0UU21