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05 Approval of Official Record of Council CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda 03/11/09 Council Date: City Clerk Janice Ellis 03/23/09 RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE(S): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meeting of March 9, 2009. BOARD /COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meeting of March 9, 2009 ACTION: BUDGET INFO: ❑ Financial Report ® 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: Finance Fire EMS/IT ❑ ® Administration ®City Clerk ❑ Community Development ❑ ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities Revised 2/04/08 City of Paris a REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS March 9, 2009 The City Council of the City of Paris met for a regular session at 5:30 P.M. on Monday, March 9, 2009, 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 Carruth, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Shawn Napier, City Engineer; Ronnie Grooms; Fire Chief; Doug Harris, Director of Utilities; Priscilla McAnally, Library Director; and Bob Hundley, Interim Police Chief Opening Agenda 1. Call meeting to order. Mayor Freelen called the meeting to order at 5:33 p.m. 2. Invocation. Pastor Van Lazaroff of First United Methodist gave the invocation. 3. Pledge of Allegiance. Council Member Biard led the pledge. 4. Citizens' forum. Jody Humphrey, 6440 FM 1508 - He asked that his property be disannexed, because he thought the city services were inadequate. Frank Miller, 5980 Old Clarksville Road - He asked that Cooper Butane be disannexed, because it had been ten years since the property had been annexed and they did not have all of the city services. Charles Keys, 95 Key West Road - He asked that his property be disannexed, because he thought the city services were inadequate. 1100002 F Regular City Council Meeting March 9, 2009 Page 2 Chuck Allee, 6280 FM 1508 - He said he raised livestock for a living and subsequently was annexed. Mr. Allee said that he could no longer raise livestock and asked that his property be disannexed. Consent Agenda 5. Deliberate and act on the approval of minutes from the meeting on February 23, 2009. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Paris Visitors & Convention Council (10-23-08) b. Paris Public Library Advisory Board (1-21-09) C. Historic Preservation Commission (11-2-08; 11-20-08; 12-10-08; 1-14-09; 1-25-09; 2-11-09) d. Building and Standards Commission (1-20-09) e. Board of Adjustment (1-6-09) f. Airport Advisory Board (11-20-08; 1-8-09) g. Lake Pat Mayse Study Committee (2-5-09) Council Member Biard made a Motion to approve the Consent Agenda and Council Member McCarthy seconded the Motion. The Council voted seven (7) for and none (0) oppoed to approve and adopt Consent Agenda Items 5 and 6. Regular Agenda A Motion to move items 16,17 and 18 up was made by Council Member Brown and seconded by Council Member Biard. Motion carried, 7 ayes - 0 nays. A Motion to remove items 16,17 and 18 from the table was made by Council Member Brown and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. 16. 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. City Council discussed items 16, 17 and 18 at length. Several Council Members, as well as Mayor Freelen expressed concern about disannexation of these properties, because it could hinder growth of the City in those areas and that services were being provided. Council Member Brown was in favor of disannexation, because he did not believe the property owners had adequate city services. . 00000 s Regular City Council Meeting March 9, 2009 Page 3 Council Member Rogers disagreed citing the numerous calls made to the areas by Police, Fire, and EMS. Mayor Freelen said that the City and PEDC had placed a lot of money into the project of widening Highwayl 9/24. Mayor Freelen also said he did not think it was in the best interest of the City to give up property located close to the airport. A Motion to disannex all of the properties as requested was made by Council Member Brown. Motion failed due to lack of a second. A Motion to retain all of the properties in the City of Paris was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 6 ayes - 1 nay, with Council Member Brown casting the dissenting vote. 17. 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. 18. 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. Mayor Freelen moved to item 7. 7. Deliberate on a request from Paris Independent School District for the City of Paris to improve South Collegiate Drive from Jefferson Road to South Loop 286 to a collector level street (39 feet from back of curb to back of curb) and to improve the associated drainage in accordance with the comprehensive future street and land use development maps. After a lengthy discussion, Council directed Staff to schedule a meeting with TxDOT, continue with the application for stimulus funding, and begin the initial design for the road. 8. Deliberate and act on: a curb and gutter variance, a Subdivision Improvement Agreement, acceptance of an off-site utility easement, and the Final Plat of Lots 1-8, Block A, Pecan Place Addition, being number 4050 Pine Mill Road. A Motion to approve these items was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 9. Deliberate and act on:, a curb and gutter variance, a Subdivision Improvement Agreement, acceptance of an off-site utility easement, and the Final Plat of Lots 1 and 2, Block A, Paris Regular City Council Meeting March 9, 2009 Page 4 High School 350 Addition, being number 2255 S. Collegiate. A Motion to approve these items was made by Council Member Kear and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 10. Deliberate on Casa Bonita demolition project. Council Members Kear and McCarthy said the site look great and that the company had done a good job. 11. Deliberate on upcoming board and commission appointments. Mayor Freelen asked Council Members to let citizens know there would be upcoming vacancies on City Boards and Commissions. Kevin Carruth said he would advertise with the media and applications would be available on-line or through City Staff. 12. Second reading, deliberate and act on ORDINANCE NO. 2009-007: 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 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. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. 13. Second reading, deliberate and act on ORDINANCE NO. 2009-008: 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 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 McCarthy and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. 14. Second reading, deliberate and act on ORDINANCE NO. 2009-009: 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 00000 Regular City Council Meeting March 9, 2009 Page 5 AMENDED, SO AS TO REZONE LOT 1, CITY 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. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. 15. Second reading, deliberate and act on ORDINANCE NO. 2009-010: AN ORDINANCE 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 2ND 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 EFFECTIVE DATE. A Motion approve this item was made by Council Member McCarthy and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. 19. Deliberate on the staffing needs and responsibilities of the Community Development Department. City Manager Kevin Carruth presented to Council a plan of reorganization of the Community Development Department. The plan included (1) merging engineering, building inspections, & airport functions into a Department of Engineering, Planning, and Development with the City Engineer as the department head, (2) eliminating the Assistant Director of Public Works position and creating a Director of Public Works who reports to the City Manager, (3) moving Main Street to either PEDC or the City Manager, (4) contracting out grant writing and monitoring, (5) contracting out building inspections and plan reviews, (6) replacing Building/Electrical Inspector with Code Enforcement Supervisor (7) replacing CAD Tech with Permit Tech, and (8) considering the addition of 4 positions to the abatement crew in FY 2009-2010. Council Member Biard left the meeting at 7:15 p.m. 20. Deliberate on building permit procedures. Shawn Napier presented the building permit procedures to Council. . 0() 0OOx, Regular City Council Meeting March 9, 2009 Page 6 21. Deliberate and possibly act on the City of Paris insurance survey and alternative insurance packages from the City's insurance provider. A Motion to approve TML's proposal for offering two options for employees to choose from in the current plan year was made by Council Member McCarthy and seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. Council directed staff to search for a consultant to assist with the RFP process for the 2010 plan year. 22. Deliberate on the funding requests for the City of Paris in relation to the proposed Federal Stimulus Package at the Federal and State level. City Manager Kevin Carruth reviewed the City's $20.5 million in funding requests to the Texas Water Development Board for water and wastewater projects and the funding requests to the U.S. Department of Agriculture for the extension of Collegiate Road and to the Federal Emergency Management Agency to rebuild Station 3 and improve Station 1. The amount of time it usually takes to design, permit and build a wastewater treatment plant was also discussed. 23. Deliberate and act on policy concerning warrants for the placement of streetlights. Interim Chief Hundley explained that amending the policy for placement of streetlights to include a security need with a methodology based on the level of crime at a requested location was in the best interest of the citizens. A Motion to amend the policy was made by Council Member McCarthy and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays. 24. Convene into Executive Session pursuant to Section 551.071 of the 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 on the City of Pairs vs. Housing Associates, Inc. and Daniel Allgeier; Cause No. 77918; 62„ d Judicial District Court. Following a recess at 7:47 p.m., Mayor Freelen convened Council into executive session at 7:52 p.m. 25. Reconvene into open session. Regular City Council Meeting March 9, 2009 Page 7 Mayor Freelen convened Council into open session at 8:02 p.m. 26. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Mayor Freelen reminded Council that the Employee Appreciation Banquet was Friday, March 13`h at 6:30 p.m. 27. Adjournment. There being no further business, a Motion to adjournwas made by Council Member McCarthy and seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 8:05 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK