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06-Council MinutesCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 06/03/09 Council Date: 06/08/09 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 26, 2009. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meeting of May 26, 2009 ACTION: BUDGET INFO: ❑ Financial Report ~ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance ❑ P bli H i ~ O h yZ'D Actual $ u c ear ng t er Acct. Name I Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ~ Administration E City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fite ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 w ~~0 0 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS May 26, 2009 The City Council of the City of Paris met for a regular session at 5:30 P.M. on Tuesday, May 26, 2009, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: 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 Harris, Director of Utilities; Priscilla McAnally, Library Director; and Bob Hundley, Interim Police Chief Absent: Council Member: Joe McCarthy Opening Agenda 1. Call meeting to order. Mayor Freelen called the meeting to order at 5:30 p.in. 2. Invocation. Bob Bush gave the invocation. 3. Pledge af Allegiance. Council M:ember Kear led the pledge. 4. Citizens' forum. Reverend James Price, 1230 Shiloh - he expressed appreciation to City Manager Kevin Carruth and Council Member Kear for joining him in touring West Paris. He expressed concern about the deterioration of Westgate Apartments. 5. Introductions, announcements, and recognitions. a. Proclamation declaring May 30 as Girl Scouts Day. Mayor Freelen read the proclamation declaring May 30 as Girl Scouts Day. ~ 0oc00~ Regular City Council Meeting May 26, 2009 Page 2 Consent Agenda 6. Deliberate and act on the approval of minutes from the meeting on 1VIay 11, 2009. 7. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Lake Pat Mayse Study Committee (4-2-09, 4-30-09) b. Planning and Zoning (4-6-09, 4-13-09) c. Library Advisory Board (4-15-09) Deliberate on report on Casa Bonita demolition project. Council Member Pickle made a Motion to approve the Consent Agenda and Council Member Rogers seconded the Motion. The Council voted six (6) for and none (0) opposed to approve and adopt Consent Agenda Items 5, 6, 7, and 8. Regular Agenda 9. Issuance of Certificate of Election; Administer Statement of Elected Officer to Council Members; and Administer Oath of Office to newly elected Council Members. Mayor Freelen issued a certificate of election to Council Ivlember Brown, Council Member Biard and Council Member Rogers. City Clerk Janice Ellis administered the statement and oath of office to Council Members Brown, Biard, and Rogers. 10. Election by City Council of Mayor and Mayor Pro Tem to serve the City of Paris for the next year. A Motion to elect Jesse James Freelen as Mayor was made by Council Member Kear and seconded by Council Member Rogers. Motion carried, 4 ayes - 2 nays, with Council Members Brown and Pickle casting the dissenting votes. A Motion to elect Joe McCarthy as Mayor Pro Tem was made by Council Member Rogers and seconded by Council Member Kear. Motion carried, 5 ayes - 1 nay, with Council Member Pickle casting the dissenting vote. 11. Deliberate on April monthly financial report. Gene Anderson answered questions from City Council. 12. Public hearing, deliberate, first reading and possibly act on an ORDINANCE OF THE CITY ~ 0 ~0 00 ~ Regular City Council Meeting May 26, 2009 Page 3 COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING/DENYING A SITE PLAN FOR A DUPLEX DEVELOPMENT IN A PLANNED DEVELOPMENT DISTRICT - HOUSING DEVELOPMENT OR COMMUNITY UNIT DEVELOPMENT (PD-b), PREVIOUSLY ESTABLISHED BY THE ENACTMENT OF A ZONING ORDINANCE, ON LOT 9, CITY BLOCK 258, LOCATED AT 625 25''H STREET NE, PARIS, TEXAS; 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. Mayor Freelen opened the public hearing and asked for anyone wishing to speak in support of this itein, to please come forward. Owner Roger Yosten spoke in support of this item and said that he wanted to construct four duplexes. Mayor Freelen asked for anyone wishing to speak in opposition of this item, to please come forward. With no one else speaking, Mayor closed the public hearing. Shawn Napier said that he had originally recommended denial of this item, but that the majority of issues had been addressed. City Council discussed the drainage issues with Mr. Napier and Mr. Yosten. Council Member Rogers stated she was not comfortable with approving this item, because there were remaining drainage issues. She said she would like to see a revised site plan. Mayor Freelen asked that a revised plan be brought to the next meeting. 13. Second reading, deliberate and 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, SECTION 12-86 THROUGH 12-89; ESTABLISHING A NEW ARTICLE III, ENTITLED FIRE CODE; ADOPTING THE 2006 EDITION OF THE INTERNATIONAL 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 FOR AN EFFECTIVE DATE. Council Member Brown left the meeting at 6:45 p.m. Council Member Biard stated that he had received several phone calls from downtown properiy owners with questions about this ordinance. He said he would like to table this item, which would allow him to get the questions to staff and answers to the property owners. A Motion to table this item was made by Council Member Kear and seconded by Council Member Biard. Motion carried, 5 ayes - 0 nays. Council Member Brown returned to the meeting at 6:47 p.m. R uOV~~n ; Regular City Council Meeting May 26, 2009 Page 4 Council Member Biard made a Motion to combine items 14-20 and Council Member Rogers seconded the Motion. Motion carried, 6 ayes - 0 nays. 14. Deliberate and act on RESOLUTION NO. 2009-048: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOlNTING A MEMBER TO THE AIRPORT ADVISORY BOARD; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. City Council appointed Ray Bal] to serve on the Board. 15. Deliberate and act on RESOLUTION NO. 2009-049: A RES4LUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Board. City Council appointed Chester Martindale, Terry Christian and Allen Moore to serve on the 16. Deliberate and act on RESOLUTION NO. 2009-050: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTiNG MEMBERS TO THE BUILDING AND STANDARDS COMMISSION. City Council appointed Wendell Moore and LeAnn Barbee to serve on the Commission. 17. Deliberate and act on RESOLUTION NO. 2009-051: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING ONE MEMBER TO THE HISTORIC PRESERVATION COMMISSION. City Council appointed Arvin Starrett to serve on the Commission. 18. Deliberate and act on RESOLUTION NO. 2009-052: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING ONE MEMBER TO THE MAIN STREET ADVISORY BOARD. City Council appointed Ashlea Matoon to serve on the Board. 19. Deliberate and act on RESOLUTION NO. 2009-053: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING MEMBERS TO THE TRAFFIC COMMISSION. City Council reappointed Stephen "Red" Holmes and appointed Kenneth Kohls to serve on the Commission. ~ UUc (.~f?u Regular City Council Meeting May 26, 2009 Page 5 20. Deliberate and act on RESOLUTION NO. 2009-054: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING MEMBERS TO THE PARIS/LAMAR COUNTY BOARD OF HEALTH. City Council reappointed Dr. David Carpenter, Mrs. Denise Williams, Mr. Larry Reaves, Dr. Gordon Strom, Dr. Robert Moseley, and appointed Brady Fisher to serve on the Board. 21. Deliberate on board appointments made to the PEDC and the policies and procedures for standing boards, commiss'rons, and committees. Mayor Freelen referenced Resolution No. 2008-053, in which board members were reappointed at the request of PEDC Director Kampfer, because of a major economic development project that was already in progess at the time. Mayor Freelen said that one of the goals of adopting a new committee appointment process in 2008, was to provide the opportunity for people who had not previously served on the board and commissions to do so. Mayor Freelen also said that at that time PEDC was to amend their bylaws to adopt the new policies and procedures, but they had not yet done so. Mayor Freelen stated that two new members had been appointed pursuant to the policies and procedures and asked that PEDC amend their bylaws. Pete Kampfer said the new members would be sworn in at the June meeting. 22. Deliberate and act on appointment of City Council Members to serve as liaisons on city boards, committees, and commissions. Mayor Freelen said the role of the council liaison was to be an observer at the committee and provide background information to the City Council when a committee issue goes before the Council. He also said that Council liaisons were not suppose to take active roles in their committees, so that they would not have an unfair advantage over other Council Members. Mayor Freelen asked each Council Member to select a committee to serve as liaison. Council Member Pickle selected the Airport Board; Council Member Brown selected Building and Standards; Council Member Biard selected Main Street and Council Member Rogers selected Planning and Zoning. lt was a consensus of Council to complete the process at the next meeting, allowing Council Member McCarthy to select a committee and then each Council Meinber would select an additional committee. At the June g'n meeting, Ark-Tex Council Of Governments and the Visitors and Convention Council will be added to the list for selections. 23. Deliberate, first reading and possibly act on ORDINANCE NO. 2009-018: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ESTABLISHING MAXIMUM, REASONABLE AND PRUDENT RATES OF SPEED ON HIGHWAY US 271 NORTH CITY LIMIT OF PARIS IN A SOUTHERLY DIRECTION TO US 82 AND BUSINESS US 271 - IN THE CITY OF PARIS, TEXAS; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; Regular City Council Meeting May 26, 2009 Page 6 AND PROVIDING AN EFFECTIVE DATE. A Motion to invake the super majority rule was made by Council Member Biard and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. 24. Deliberate, first reading and possibly act on AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 344(a), APPLICATION AND FEE FOR WATER AND SEWER TAPS, OF CHAPTER 34 OF THE CODE OF ORDINANCES, OF THE CITY OF PARIS, TEXAS TO REVISE AND UPDATE THE WATER AND SEWER TAP FEES; 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. Shawn Napier said that the standard water and sewer tap fees had not been adjusted since May 2005, and that since the last adjustment the cost of materials, labor and equipment had increased to the point that the City was providing the services at a loss. Several Council Members expressed an interest in the fees charged by the City of Reno and Lamar County Water Supply. Mr. Napier said he would provide that information to Council at the next meeting. This was a first reading and no action was taken on the item. 25. Deliberate and act on RESOLUTION NO. 2009-055: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE PROPOSAL OF HAYTER ENGINEERING, INC. FOR ENGINEERING SERVICES TO DEVELOP A 1VIASTER PLAN FOR THE CITY OF PARIS WASTEWATER TREATMENT PLAN AND AUTHORIZING THE EXECUTION OF AN ENGINEERING SERVICES AGREEIVIENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTNE DATE. A Motion to approve this item was made by Council Member Brown and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. 26. Deliberate, first reading and possibly act on ORDINANCE NO. 2009-019: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 3, ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; PROVIDING REGULATIONS AND PERMITTING PROCESS FOR THE SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD AND BEVERAGE PERMIT HOLDERS AND THE SALE OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION ONLY; PROHIBITiNG THE SALE OF BEER AND WINE IN RESIDENTIAL AREAS; MAKING OTHER V, UU0018 Regular City Council Meeting May 26, 2009 Page 7 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 Meinber Biard and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays. 27. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. None were referenced. 28. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Biard and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 7:40 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK a 0 0 0 0 0 J