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06 Official Records of CouncilCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: OS/18/09 Council Date: OS/26/09 Originating Department: City Clerk Presented By: Janice Ellis Agenda Item No.: 6. RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE(S): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meeting of May 11, 2009. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meeting of May 11, 2009 ACTION: BUDGET INFO: ❑ Financial Report ~ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'r'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Wotks ❑ Finance ❑ Fite ❑ Utilities City of Paris Revised 2/04/08 - 00003 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS May 11, 2009 The City Council of the City of Paris met for a regular session at 5:30 P.M. on Monday, May 11, 2009, at the City Council Chamber, 107 E. Kaufinan, 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; Dale Mayberry; Fire Marshal; Doug Hams, Director of Utilities; Priscilla McAnally, Library Director; and Bob Hundley, Interim Police Chief Opening Agenda Call meeting to order. Mayor Freelen called the meeting to order at 5:35 p.m. 2. Invocation. Brad Aldridge gave the invocation. 3. Pledge of Allegiance. Council Member Rogers led the pledge. 4. Citizens' forum. Bill Manley, 411 N. Live Oak Street, Gladewater, Texas, with the Gypsy Motorcycle Club expressed gratitude to the City Council for issuing a proclamation declaring the month of May as Motorcycle Awareness Month. Pastor James Price, 1230 Shiloh Street, Paris, Texas, from the NAACP expressed concern about the appearance of West Paris. 5. Introductions, announcements, and recognitions. Proclamation declaring the month of May as Motorcycle Awareness Month. - 0U000t Regular City Council Meeting May 11, 2009 Page 2 Mayor Freelen read the proclamation declaring the month of May as Motorcycle Awareness Month. Consent Agenda 6. Deliberate and act on the approval of minutes from the meeting on Apri127, 2009. 7. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Paris Public Library Advisory Board (2-18-09) Deliberate on report on Casa Bonita demolition project. 9. Report on demolition of dilapidated houses. Council Member Pickle said that the bylaws for PEDC reflected the member terms were to expire at a different time other than what was reflected in the policies and procedures adopted by Council. Mayor Freelen stated that he would complete a form to place an item on the next Agenda regarding the subject. Subject to pulling out item 15 (Resolution No. 2009-041), 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 5, 6, 7, 8 and 9. Regular Agenda 10. Second reading, deliberate and act on ORDINANCE NO. 2009-015: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AMENDING ZONING ORDINANCE NO. ] 710 OF THE CITY OF PAR1S, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOTS 31-a AND 35, CITY BLOCK 250 LOCATED AT 2085 FITZHUGH, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A SINGLE- FAMILY DWELLING DISTRIGT NO. 2(SF-2) TO A COMMERCIAL DISTRICT (C) 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. Council Member Rogers left the room at 5:48 p.m. A Motion to approve this item was made by Council M:ember Brown and seconded by Council Meinber McCarthy. Motion carried, 6 ayes - 0 nays. ~ 000005 Regular City Council Meeting May 11, 2009 Page 3 Council Member Rogers returned to the room at 5:49 p.m. 11. Second reading, deliberate and act on ORDINANCE NO. 2009-016: 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 LOTS 9 AND 9A, CITY BLOCK 331, LOCATED IN THE 3700 BLOCK OF BONHAM STREET, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A PLANNED DEVELOPMENT DISTRICT (Pda- fl 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 EFFECTNE 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. 12. Deliberate and act on the Preliminary Plat of Lot 1, Block A, Martin Addition 331, being number 3720 Bonham. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 13. Deliberate and act on the Master Plat and Preliminary Plat of Lot 1 and 2, Block A, Enns Addition, being number 2975 FM 79. 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. Deliberate and act on the Preliminary Plat and Final P1at of Lot 1, Block A, Paris Tawne Center 287 Addition, being number 3552 Lamar Avenue. Shawn Napier told Council that the owner of the property had declined to submit signed and sealed preliminary and final plats for Mirabeau Shopping Center and that staffrecommended denial of the plats. A Motion to deny this item was made by Council Member Kear and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. 15. First reading, deliberate and possibly act on ORDINANCE NO. 2009-017: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC CONTROL MAP ADOPTED IN SEGTION 31-65(b), OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; ESTABLISHING A STOP SIGN ON 3`d STREET S.E. 1% UUCOnG Regular City Council Meeting May 11, 2009 Page 4 AT EAST NEAGLE STREET TO STOP THE NORTH AND SOUTH-BOUND TRAFFIC ON 3`d STREET S.E.; 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 invoke the super majority rule was made by Council Member Brown and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. A Motion to approve this item was made by Council Member Brown and seconded by Council Meinber McCarthy. Motion carried, 7 ayes - 0 nays. 16. Public hearing, deliberate and act on RESOLUTION NO. 2009-045: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE APPLICATION FOR THE RECOVERY EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM; AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS AND LAMAR COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS; 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. Mayor Freelen opened the public hearing and asked anyone wishing to speak in support of this item, to please come forward. Sharon Eubanks with Casa For Kids, asked Council for $5,000.00 to repair their building should the City be awarded this grant. Mayor Freelen asked anyone wishing to speak in opposition of this item, to please come forward. With no one else speaking, Mayor Freelen closed the public hearing. Interim Chief Hundley stated in order to appropriate funds for this request, that the program narrative would have to be changed and that it was due by May 18`h. Kevin Carruth suggested that CASA might want to make this request during the budget hearings. Council Member Biard stated he thought that it would be more appropriate for CASA to address this item during the budget process and that he was in favor of approving this item as presented. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. 17. RESOLUTION NO. 2009-046: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND RATIFYING AN APPLICATION FOR AN AUTOMOBILE BURGLARY AND THEFT PREVENTION GRANT FOR CONTINUATION OF OUR AUTO THEFT TASK FORCE 1N THE AMOUNT OF $202,782.00 WITH $49,467.00 TO BE PROVIDED BY THE CITY OF PARIS 1N THE 0UCon7 Regular City Council Meeting May 11, 2009 Page 5 FORM OF CASH AND $14,400.00 IN THE FORM OF IN-KiND SERVICES; 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. Interim Chief Hundley told Council that this is the fourteenth year that the Paris Police Department had been approved for this grant. A Motion to approve this item was made by Council Member Kear and seconded by Council Member Biard. Motion carried, 7 ayes - 0 nays. 18. RESOLUTION NO. 2009-047: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AFFIRMING THE CITY OF PARIS' SUPPORT OF AND PARTNERSHIP WITH THE 2010 CENSUS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Pat McCoy, a partnership specialist with Dallas Regional Census Center gave a presentation on the 2010 Census. A Motion to approve this item was made by Council Member Kear and seconded by Council Member Biard. Motion carried, 7 ayes - 0 nays. 19. First reading, deliberate and possibly act on an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, BY REPEALING ARTICLE III, FIRE RESERVE UNIT, SECTIONS 12-51 THROUGH 12-66 AND REPEALiNG ARTICLE IV, FIRE PREVENTION CODE, SECTIONS 12-86 THROUGH 12-89; ESTABLISHING A NEW ARTICLE III, ENTITLED FIRE CODE; ADOPTING THE 2006 EDITION OF THE INTERNATI4NAL FIRE CODE, ESTABLISHING LOCAL AMENDMENTS TO THE 2006 EDITION OF THE 1NTERNATIONAL FIRE CODE; PROVIDING FOR ENFORCEMENT; 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. Kevin Carruth said that he, the Fire Department, the City Attorney, and Bureau Veritas had met several times at ]ength to discuss and revise the Fire Code. Mr. Carruth further stated that the last code officially adopted by the City was the 1994 Standard Fire Code. He told Council that staff had determined that the 2006 International Fire Code provided the best uniform fire code and regulations for the City. This ordinance was a first reading and no action was taken. ft 000006 Regular City Council Meeting May 11, 2009 Page 6 20. Convene into Executive Session pursuant to Section 551.087 of the Texas Government Code to discuss and deliberate an offer of a financial or other incentive to a business prospect to located, stay, or expand in Lamar County and consider any commercial and financial information related to the business prospect. Mayor Freelen recessed Council at 6: 55 p.m. and convened Council into executive session at 7:03 p.m. 21. Reconvene into open session to deliberate and possibly act on matters discussed in Executive Session. Mayor Freelen reconvened Council into open session at 7:35 p.m. and announced that there was no action to be taken at that time. 22. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. None were referenced. 23. Adjournment. There being no further business, a Motion to adjourn was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. The meeting was adjourned at 7:36 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK W OU00(19