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05 Approval of Official Record of CouncilCITY COUNCIL AGENDA ITEM $RIEFING SHEET Submittal Date: 03/02/09 Council Date: 03/09/09 Originating Departrnent- City Clerk Presented By: Janice Ellis Agenda Item No.: 5. RECOMMENDED MOTION: Motion to approve as presented. PoLicY IssvE(s): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meeting of February 23, 2009. BOARD/COMMISSION RECOMMENDATION: E XHIBITS: The attached minutes from the meeting of February 23, 2009 ACTION: BUDGET INFO: ❑ Financial Report ~ Minute OtYier Expense $ ❑ Department Report ❑ Resolution Budgeted Amt $ ❑ Presentation ❑ Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct Name Acct Number FISCAL NOTES: REVIEWED AND APPROVED BY: (D Administration E City Clerk ❑ Community Development ❑ EMS/IT ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Finance ❑ Fire ❑ Utilities City of Paris Revised 2/04/08 0 0 ~~~0 0 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS February 23, 2009 The City Council of the City of Paris met for a regular session at 5:00 P.M. on Monday, February 23, 2009, 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; Edwin Pickle; and Rhonda Rogers City Staff: Kevin Carruth, City Manager; Kent McIlyar, City Attorney; Janice Ellis, Ciry Clerk; Shawn Napier, City Engineer; Ronnie Grooms; Fire Chief; Doug Harris, Director of Utilities; Priscilla McAnally and Bob Hundley, Interim Police Chief Ouening Agenda Call meeting to order. Mayor Freelen called the meeting to order at 5:05 p.m. 2. Invocation. Alan Hubbard gave the invocation. 3. Pledge of Allegiance. Council Member Brown led the pledge. 4. Citizens' forum. Ann Norment, 805-42nd Street S.E, - she asked that the softball contract with Steve Coker include a provision requiring coaches, parents and players toclean up the ballfield upon finishing their games. Robert Brunson, 2598 Clark Lane - he expressed concern about the flooding of Buttermilk Creek and asked that it be addressed. Allen Whitten, Meadow Brook Cemetery - he asked that the City disannex his property as requested in his application. . 000U04,W : Regular City Council Meeting February 23, 2009 Page 2 Eddy Thomas, 1075 36`h S.E. - he asked for a zoning change as referenced in agenda item 34. 5. Announcements. a. Proclamation declaring Project "Hope" Day. Mayor Freelen read the proclamation declaring the week of February 23rd as Project HOPE Week and presented it to Deb Fleming. Consent Agenda A Motion to move items 43 and 44 up was made by Council Member Brown and seconded by Council Meinber Kear. Motion carried, 7 ayes - 0 nays. Mayor Freelen moved to item 43. 43. Convene into Executive Session pursuant to Section 551.087 of the Texas Government Code to discuss and deliberate on an offer of a financial or other incentive to a business prospect to locate, stay, or expand in Paris and consider any commercial and financial information related to the business prospect. Mayor Freelen convened City Council into executive session at 5:16 p.m. 44. Reconvene into open session. Mayor Freelen reconvened City Council into open session at 5:30 p.m. Subject to a typographical error being corrected in the Planning and Zoning minutes and a provision to the contract for the baseball and softball programs to include clean up of the field by the teams, Council Member Biard made a Motion to approve the Consent Agenda and Council Member Kear seconded the Motion. The Council voted seven (7) for and none (0) opposed to approve and adopt Consent Agenda Items 6, 7, 8, 9, 10,11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26. 6. Deliberate and act on the approval of minutes from the meeting on February 9, 2009. 7. Receive and deliberate on reports andlor minutes from the following boards, commissions, and committees: a. Traffic Commission (2-3-09) b. Planning and Zoning Commission (2-2-09) c. Airport Advisory Board (11-20-08) d. Lake Pat Mayse Study Committee (1-8-09) ~ U00UOJ Regular City Council Meeting February 23, 2009 Page 3 8. RESOLUTION NO. 2008-011: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF PARIS AND STEVE COKER TO MANAGE, INSTRUCT AND COORDINATE THE BASEBALL AND SOFTBALL PROGRAMS FOR THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 9. RESOLUTION NO. 2009-012: A RESOLUTION OF CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ENDORSING CERTAIN LEGISLATIVE CHANGES TO ENHANCE THE COMPETITIVE ELECTRIC MARKET SUPPORTED BY CITIES AGGREGATION POWER PROJECT, INC.; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 10. RESOLUTION NO. 2009-013: A RESOLUTION OF THE CITY COLTNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE BID AND AWARDING THE CONTRACT FOR THE REPLACEMENT OF CONCRETE CURB & GUTTERS, DRIVEWAYS APPROACHES AND REINFORCED CONCRETE SIDEWALKS IN THE CITY OF PARIS TO HILLIARD AND SONS CONTRACTORS, INC., THE LOWEST RESPONSIBLE BIDDER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 11. RESOLUTION NO. 2009-014: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF HOT MIX COLD LAID ASPHALT, TYPE "A" (COARSE BASE), MATERIALS TO R.K. HALL IN THE AMOUNT OF $50.77 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDiNGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 12. RESOLUTION NO. 2009-015: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF AGGREGATE COVER STONE (TYPE B, GRADE 4, UNCOATED) TO MARTIN iV1ARIETTA MATERIALS IN THE AMOUNT OF $22.75 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARiNG AN EFFECTIVE DATE. 13. RESOLUTION NO. 2009-016: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF AGGREGATE COVER STONE (TYPE B, GRADE 5, UNCOATED) TO RICHARD DRAKE IN THE AMOUNT OF $25.30 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER 4 l~ 0 0 P) 11 Regular City Council Meeting February 23, 2009 Page 4 FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 14. RESOLUTION NO. 2009-017: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF AGGREGATE COVER STONE (TYPE B, GRADE 5, COATED) TO MARTIN MARIETTA MATERIALS IN THE AMOUNT OF $35.70 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 15. RESOLUTION NO. 2009-018: A RESOLUTION OF THE CITY COtTNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF HOT MIX COLD LAID ASPHALT, TYPE "B" (FINE BASE) MATERIAL TO RICHARD DRAKE IN THE AMOUNT OF $48.65 PER TON, FOR USE 1N THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 16. RESOLUTION NO. 2009-019: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF CRS-2 EMULSION ASPHALT FROM ERGON ASPHALT & EMULSIONS IN THE AMOUNT OF $2.1079 PER GALLON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 17. RESOLUTION NO. 2009-020: A RESOLUTION OF THE CITY COLTNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF HOT MIX COLD LAID ASPHALT, TYPE "D" (F1NE MIXTURE) MATERIAL TO RICHARD DRAKE IN THE AMOUNT OF $51.65 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTNE DATE. 18. RESOLUTION NO. 2009-021: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF FLEXIBLE BASE MATERIAL (RED ROCK) TO MARTIN MARIETTA MATERIALS IN THE AMOUNT OF $9.50 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTNE DATE. ft 0UUO05, Regular City Council Meeting February 23, 2009 Page 5 19. RESOLUTION NO. 2009-022: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF FLEXIBLE BASE MATERIAL (WHITE ROCK) TO MARTIN MARIETTA MATERIALS IN THE AMOUNT OF $9.40 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTNE DATE. 20. RESOLUTION NO. 2009-023: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF SS-l EMULSION ASPHALT (TACK OIL) FROM ERGON ASPHALT & EMULSIONS IN THE AMOUNT OF $2.1079 PER GALLON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTNE DATE. 21. RESOLUTION NO. 2009-024: A RESOLUTION OF THE CITY COl1NCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF PORTLAND CEMENT CONCRETE TO COSTON & SON READY MIX IN THE AMOtTNT OF $91.00 PER CUBIC YARD FOR CLASS "A" (5 SACK), $96.00 PER CUBIC YARD FOR CLASS "C" (6 SACK); AND $91.00 PER CUBIC YARD FOR PORTLAND CEMENT GROUT, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTNE DATE. 22. RESOLUTION NO. 2009-025: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF SAND TO RICHARD DRAKE IN THE AMOUNT OF $8.10 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTNE DATE. 23. Deliberate on January monthly financial report. 24. Report on goals and objectives. City Manager Kevin Carruth gave a report on goals and objectives. 25. Deliberate on Casa Bonita demolition project. • 0 0 t) 0 t) Regular City Council Meeting February 23, 2009 Page 6 Kevin Carruth said Intercon began demolition during the week of January Stn and had completed knocking all of the buildings to the ground. He also said removal of building debris was expected to be completed in three weeks and anticipated a final completion date of mid to late April. 26. Report on demolition of dilapidated houses. Council Member McCarthy asked that staff include in the next report a list of houses that have been demolished and a list to houses to be demalished. Regular Agenda A Motion to move item 42 up on the Agenda was made by Council Member Pickle and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. Mayor Freelen moved to item 42. 42. Deliberate on the staffing needs and responsibilities of the Community Development Department. Council Member Pickle said he had asked for this item, because he did not want to hire a department head until he knew the direction of the department. Kevin Carruth said Council needed to determine what level of support to give to code enfarcement and nuisance abatement. He also said the decision would need to be made whether or not plan review and/or building inspections should remain in house or be provided by a third party, or a combination of the two. Mr. Carruth said there had been discussion about moving Main Street to PEDC. Several Council Members said they would like to review job descriptions and responsibilities of the two positions. This item was rescheduled for the meeting on March 9th. 27. Presentation of the annual report on status of racial profiling policy. Eric Fritsch from the University ofNorth Texas, gave the annual report. He said that the Paris Police Department was fully in compliance with Texas Law. 28. Presentation, deliberate and possibly act on employee group medical, dental and vision msurance. Brett Bowers with TML gave a presentation on employee insurance giving the City two different options to review. Council did not take any action on this item, because they want to explore several other companies. Council Member Pickle left the meeting at 6:30 p.m. 29. Second reading and deliberate on an ORDINANCE OF THE CITY COUNCIL OF THE CITY -0 f) 0 -d Regular City Council Meeting February 23, 2009 Page 7 OF PARIS, TEXAS, GRANTING TO STEVE B. RANEY AND WENDY L. RANEY, DBA YELLOW CAB COMPANY, AN EXTENSION OF AN EXISTING FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR A PERI4D OF ONE(1) YEAR, BEGINNING JANUARY 11, 2009, THE DATE OF TERMINATION OF THE EXISTING FRANCHISE, AND ENDING JANUARY 10, 2010, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE FOR SUCH PRNILEGE AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR MINIMUM LIABILITY 1NSURANCE REQUIREMENTS FOR GRANTEE; PROVIDiNG FOR THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AN EFFECTIVE DATE. A Motion to combine items 29, 30 and 31 was made by Council Member Biard and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. City Attorney Kent McIlyar read the ordinances. Items 29, 30 and 31 will be considered for action at the March 23Td meeting. 30. Second reading and deliberate on an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, GRANTING TO STEVE B. RANEY AND WENDY L. RANEY, DBA CITY CAB COMPANY, AN EXTENSION OF AN EXISTING FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE IN 1VIOTOR VEHICLES FOR A PERIOD OF ONE(1) YEAR, BEGINNING JANUARY 11, 2009, THE DATE OF TERMINATION OF THE EXISTING FRANCHISE, AND ENDING JANUARY 10, 2010, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE FOR SUCH PRNILEGE AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR MINIMUM LIABILITY INSURANCE REQUIREMENTS FOR GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY 4F PARIS; AND PROVIDING AN EFFECTNE DATE. 31. Second reading and deliberate on an ORDINANCE OF THE CITY COt1NCIL OF THE CITY OF PARIS, TEXAS, GRANTING TO DAVID THOMPSON, DBA LONE STAR CAB COMPANY, AN EXTENSION OF AN EXISTING FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR A PERIOD ()()~~~0 Regular City Council Meeting February 23, 2009 Page 8 OF C?NE(1) YEAR, BEGINNING JANUARY 11, 2009, THE DATE OF TERMINATION OF THE EXISTING FRANCHISE, AND ENDING JANUARY 10, 2010, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE FOR SUCH PRIVILEGE AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR MINIMUM LIABILITY INSURANCE REQUIREMENTS FOR GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AN EFFECTIVE DATE. 32. Public Hearing, first reading and deliberate on an ORDINANCE OF THE CITY COUNCIL FO THE CITY OF PARIS, TEXAS APPROVING AND ADOPTING REVISIONS TO THE FUTURE LAND USE PLAN MAP FOR THE CITY OF PARIS AS SET FORTH HEREIN; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE 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. Louis Yates, Jr. spoke in support of this item and item 33. Mayor Freelen asked for anyone wishing to speak in opposition of this item, to please come forward. With no one else speaking, Mayor Freelen closed the public hearing. Council Member Rogers expressed concern about the discrepancy between the application and briefing sheet, in that the briefing sheet states there are to be two triplexes and the application is unclear. Council Member Rogers asked for clarification prior to the second reading. Shawn Napier said Planning and Zoning approved the zoning change for one triplex, but that he would get a letter from the owner as to his intentions. 33. Public Hearing, first reading and deliberate 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 LOTS 9 AND 10, BLOCK 3, MARYVILLE ADDITION, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A TWO-FAMILY DWELLING DISTRICT (217) TO A MULTIPLE-FAMILY DWELLING DISTRICT NO. 1(MF-1), DIRECTING A GHANGE 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 public hearing for this item was conducted with item 32. This item will be scheduled for a second reading and action at the March 9`h meeting. - 0 0":i Regular City Council Meeting February 23, 2009 Page 9 34. Public Hearing, first reading and deliberate 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 l, CIT'Y BLOCK 289, LOCATED AT 3210 LAMAR AVENUE, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A PLANNED DEVELOPMENT DISTRICT (PD-a) RETAIL SHOPPING CENTER TO A GENERAL RETAIL DISTRICT (GR), 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. Mayor Freelen opened the public hearing and asked for anyone who wished to speak in support of this item, to please come forward. Eddy Thomas spoke in support of this itein. Mayor Freelen asked for anyone who wished to speak in opposition of this item, to please come forward. With no one else speaking, Mayor Freelen closed the public hearing. This item will be scheduled for a second reading and action at the March 9"' meeting. 35. First reading, deliberate and possibly act on an 4RDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ESTABLISHiNG A SCHOOL ZONE SPEED LIMIT OF TWENTY (20) MILES PER HOUR FOR THE 300 TO 400 BLOCK OF NE 2°d STREET BETWEEN PINE BLUFF AND BOOTH STREETS; 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 EFFECTNE DATE. Interim Chief Hundley said approval of this item was recommended by the Traffic Commission. This item will be scheduled for a second reading and action at the March 9th meeting. 36. ORDINANCE NO. 2009-004: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC MAP ADOPTED 1N SECTION 31-65 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; EXTENDING THE NO PARKING AREA ON THE EAST SIDE OF 35T'' STREET NE FROM THE 300 BLOCK THROUGH THE 400 BLOCK; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. A Motion approve this item was made by Council Member McCarthy and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. 37. ORDiNANCE NO. 2009-0005: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 5-7, LIMITATIONS ON KEEPING LIVE5TOCK-GENERALLY, OF CHAPTER 5, ANIMALS AND FOWLS, OF THE CODE . 0 0 U0 1't; Regular City Council Meeting February 23, 2009 Page 10 OF ORDINANCES OF THE CITY OF PARIS, TEXAS; CHANGING THE RATIO OF ANIMALS TO AREA; PROVIDING FOR A ONE YEAR COMPLIANCE PERIOD; 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 EFFECTNE DATE. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. Mayor Freelen recessed Council at 7:02 p.m. and reconvened Council into open session at 7:10 p.m. 38. ORDINANCE NO. 2009-006: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS TEXAS, AMENDING SUBSECTION 10-110 PAViNG STANDARDS, OF SECTION 10-100 OFF-STREET PARKING AND LOADING REGULATIONS OF ORDINANCE NO.1710, THE ZONING ORDINANCE OF THE CITY OF PARIS, TEXAS; PROVIDING FOR EXEMPTING EXISTING BUSINESSES FROIVI REQUIREMENT OF PAVED PARKING; 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. Council inquired as to how staff would determine the square footage area of existing structures. Shawn Napier explained that there were maps, as well as when a building permit application is made that square footage should be contained in that application. Council also discussed the ordinance that was passed in 1989, which grandfathered structures built prior to 1989 time from having to pave their parking. Council Member Rogers expressed concern about disabled persons having to maneuver around on non paved parking lots. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Brown. Motion carried, 5 ayes - 1 nay, with Council Member Rogers casting the dissenting vote. 39. Deliberate, provide direction to staff, and possibly act on an application for disannexation of approximately 160.67 acres of land located on FM 1508, forming a portion of the current outer boundaries of the city limits of the City of Paris in response to applications for such disannexation filed by the property owners of eight (8) tracts of land within the proposed disannexation area. Council discussed items 39,40 and 41. Kevin Carruth explained if the City disannexed these properties and later decided they needed to annex the property, that it would have to go into a state mandated annexation plan and it would be a minimum of three years before any action could be taken. Mr. Carruth said the property listed in item 39 was close to the city airport and there were businesses . UoUUl1 Regular City Council Meeting February 23, 2009 Page 11 in that area. Council discussed what constituted city services. Council Member Rogers said the areas were receiving all services with the exception of sewer. Council Member Biard said he had spoken with Wally Kraft, who was out of tawn and had asked that his application be postponed. A Motion to table items 39, 40 and 41 was made by Council Member McCarthy and seconded by Council Member Biard. Motion carried, 5 ayes - 1 nay, with Council Member Rogers casting the dissenting vote. 40. Deliberate, provide direction to staff, and possibly act on an application for disannexation of approximately 66.61 acres of land located on Highway 271 South, forming a portion of the current outer boundaries of the city limits of the City of Paris in response to applications for such disannexation filed by Wallace E. Kraft and Tom Cobb, property owners within the proposed disannexation area. 41. Deliberate, provide direction to staff, and possibly act on an application for disannexation of 1.8 acres of land located on Highway 24/19 South, forming a portion of the current outer boundaries of the city limits of the City of Paris in response to an application for such disannexation filed by property owner, Atti Corp. d/b!a Cooper Propane Co. 45. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. City Manager Kevin Carruth reminded City Council that beginning with the first meeting in March they would start their meeting at 5:30 p.m. 46. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Brown and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 7:50 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK . 11 OU01~