05-Council Minutes from the meeting of June 22, 2009CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
07/08/09
Council Date:
07/13/09
Originating Department:
City Clerk
Presented By:
Janice Ellis
Agenda Item No.:
5.
RECOMMENDED MOTION:
Motion to approve as presented.
POLICY ISSUE(S):
Approval of Official Record of Council.
BACKGROUND:
Council Minutes from the meeting of June 22, 2009
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
The attached minutes from the meeting of June 22, 2009
ACTION:
BUDGET INFO:
❑ Financial Report Z Minute Order
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:
Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT
❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works
L-
❑ Finance ❑ Fire
❑ Utilities
City of Paris
Revised 2/04/08 ,
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REGULAR MEETING
OF THE CITY COUNCIL, CITY OF PARIS
June 22, 2009
The City Council of the City of Paris met for a regular session at 5:30 P.M. on Monday, June
22, 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 1VIcIlyar,
City Attorney; Janice Ellis, City Clerk; Ronnie
Grooms, Fire Chief; Doug Harris, Director of
Utilities; Shawn Napier, Engineer; and Bob
Hundley, lnterim Police Chief
Oaening Agenda
Call meeting to order.
Mayor Freelen called the meeting to order at 5:30 p.m.
2. Invocation.
Pastor John Brown gave the invocation.
Pledge of Allegiance.
CouncillVlember Brown led the pledge.
4. Citizens' forum.
Thelma Dangerfield, 121 E. Booth
David Hamilton, 121 E. Booth
James Price, 1230 Shiloh
Jason Rogers, 444 N.E. 2"d
Deedre Edwards, 320 Stone Avenue
Kenneth Rogers, 444 N.E. 2°a
Ms. Dangerfield, Mr. Hamilton, Mr. Price, Mr. Rogers, Ms. Edwards and Mr. Rogers
expressed dissatisfaction about the termination of employees, Kerry Washington and Joseph Liggins.
These citizens were representing the NAACP and expressed that the terminations were of racial
nature, in that no one else had been terminated.
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Regular City Council Meeting
June 22, 2009
Page 2
Judge Scott McDowell, 4210 FM 195
John Nance, 940 Brandyn Place
David Cook, 10 1 s` Street N.E.
Sybil Colson, 819 Lamar Avenue
A.W. Clem, 119 N. Main
Judge McDowell, Mr. Nance, Mr. Cook, Ms. Colson and Mr. Clem expressed concern that
the new fire code amendments requiring fire sprinklers would place a financial burden on downtown
property owners, and the financial burden would cause business owners to relocate leaving downtown
vacant.
Ray Banks, 3450 Robin Road - he said he thought more hangars should be built. He also said
that he did not think that the MOU with Irving should be extended.
Bill Booth, 425 CR 36990, Powderly, Texas - he asked that his hanger lease be for 30 years.
Consent Agenda
Mayor Freelen inquired of Council Members if they wished to pull any items from the
Consent Agenda for discussion. Council Members discussed items 7, 8, 9 and 10. Council Member
Rogers asked that item ] 0 be pulled from the Consent Agenda and voted on separately.
Council Member Rogers 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 S, 6, 7, 8, 9, 11, 12, 13, 14, and 15.
5. Deliberate and act on the approval of minutes from the meeting on June 8, 2009.
6. Receive and deliberate on reports andlor minutes from the following boards, commissions,
and committees:
a. Board of Adjustment (5-11-09)
7. Report on City of Paris Deparhnental Business Plan.
8. Deliberate on May financial report.
9. RESOLUTION NO. 2009-061: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS, APPROVING AN AMENDMENT TO THE PARIS ECONOMIC
DEVELOPMENT CORPORATION BUDGET FOR THE FISCAL YEAR OCTOBER 1,
2008, TO SEPTEMBER 30, 2009 TO TRANSFER FUNDS; MAKING OTHER FINDINGS
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Regular City Council Meeting
June 22, 2009
Page 3
AND PROVISIONS RELATED TO THE SUBJECT; AND PROVING AN EFFECTNE
DATE.
11. RESOLUTION NO. 2009-062: A RESOLUTION OF THE CITY COLINCIL OF THE CITY
OF PARIS, TEXAS, APPROVING THE GROUNDS SUBLEASE BETWEEN THE RED
RIVER VALLEY FAIR ASSOCIATION AND THE AMERICAN LEGION POST #199 OF
DEPORT, TEXAS TO CONDUCT BiNGO OPERATIONS AT THE BIG TIME BINGO
BUILDING, 1875 FITZHUGH, PARIS, TEXAS; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTNE DATE.
12. RESOLUTION NO. 2009-063: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS, APPROViNG THE GROUNDS SUBLEASE BETWEEN THE RED
RIVER VALLEY FAIR ASSOCIATION AND THE HOPEWELL VOLUNTEER FIRE
DEPARTMENT TO CONDUCT BINGO OPERATIONS AT THE BIG TIME BINGO
BUILDING, 1875 FITZHUGH DRNE, PARIS, TEXAS; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE
DATE.
13. RESOLUTION NO. 2009-064: A RESOLUTION OF THE CIT'Y COLTNCIL OF THE CITY
OF PARIS, TEXAS, DECLARING AS SURPLUS PROPERTY OUTDATED AND
UNUSED OLD STYLE SELF CONTAINED BREATHING APPARATUS WHICH HAVE
BEEN REMOVED FROM SERVICE; APPROVING THE SALE OF SAID EQUIPMENT TO
HAZ-CO IN EXCHANGE FOR FIRE ACADEMY TRAINING FOR THREE NEW
RECRUITS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING AN EFFECTNE DATE.
14. RESOLUTION NO. 2009-065: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS, DECLARING CERTAIN PARIS POLICE DEPARTMENT PERSONAL
PROPERTY SURPLUS AND ADDING SAME TO A PREVIOUSLY APPROVED
SURPLUS PROPERTY LIST TO BE SOLD AT AUCTION; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE
DATE.
15. Report on demolition of dilapidated houses.
Mayor Freelen moved to item 10.
10. First reading, deliberate and possibly act on an ORDINANCE ESTABLISHING MAXIMUM,
REASONABLE, AND PRUDENT RATES OF SPEED ON FM 905 FROM THE
CENTERLINE OF LOOP 2$6 IN A SOUTHERLY TO SOUTHEASTERLY DIRECTION A
DISTANCE OF APPROXIMATELY 0.780 MILES IN THE CITY OF PARIS, TEXAS;
PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS
A 0r.100C+ _
Regular City Council Meeting
June 22, 2009
Page 4
CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTNE DATE.
Council Member Rogers inquired as to why TxDOT wanted to increase the speed. Shawn
Napier told Council that TxDOT based it upon a speed study. Council Members Rogers and Brown
expressed concern about increasing the speed, because of the number of homes along that road. Kevin
Carruth said that staff could ask TxDOT to conduct another speed study. Mayor Freelen asked that
staff submit a request to TxDOT to keep the speed limit at 45 m.p.h. It was a consensus of the City
Council to move this item to the next meeting.
Regular Agenda
16. Public hearing, first reading, deliberate and possibly act on 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 EFFECTNE DATE.
A Motion to combine items 16 and 17 was made by Council Member Kear and seconded by
Council Member Rogers. Motion carried, 7 ayes - 0 nays.
Mayor Freelen opened the public hearing and asked anyone wishing to speak in support of this
item, to please come forward. Charles Waldrum, attorney for the applicant, spoke in support of this
item. Mr. Waldrum said that his client wanted to build high quality apartments and planned to spend
seven million dollars.
Mayor Freelen asked for anyone wishing to speak in opposition of this item, to please come
forward. John Brown, Keith Barnett and Kenny Daus spoke in opposition of this zoning change citing
reasons, such as decreased value of their homes, increased speed and drainage problems. Mayor
Freelen closed the public hearing.
A Motion to invoke the super majority rule was made by Council Member Rogers and
seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays.
A Motion to deny the zoning change was made by Council Member Rogers and seconded by
Council Member Brown. Motion carried, 7 ayes - 0 nays.
17. Public hearing, first reading, deliberate and possibly act on an ORDINANCE OF THE CITY
OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF
PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE A 6.5 ACRE
TRACT BEING A PART OF THE ENOCH CROW SURVEY, ABSTRACT NO. 208,
LOCATED IN THE 4500 BLOCK OF LAMAR AVENUE, CITY OF PARIS, LAMAR
Regular City Council IVleeting
June 22, 2009
Page 5
COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT (A) T A PLANNED
DEVELOPMENT DISTRICT (PD-b) HOUSING DEVELOPMENT OR COMMUNTTY UNIT
DEVELOPMENT, 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.
18. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2009-022: AN
ORDINANCE 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 25 AND 26, CITY BLOCK 249 CITY' OF PARIS, LAMAR COUNTY,
TEXAS, FROM A PLANNED DEVELOPMENT DISTRICT (PD-a) RETAIL SHOPPING
CENTER TO A GENERAL RETAIL DISTRICT (GR) LOCATED AT 3070 LAMAR
AVENUE, 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 wishing to speak in support of
this item, to please come forward. Wayne Brown spoke in support of this item. 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.
A Motion to invoke the super majority rule was made by Council Member Biard and seconded
by Council Member McCarthy. Motion carried, 7 ayes - 0 nays.
A Motion to approve the zoning change was made by Council Member Kear and seconded by
Council Member McCarthy. Motion carried, 7 ayes - 0 nays.
19. Second reading, deliberate and act on AN ORDINANCE OF THE CITY COLTNCIL 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) ESTABLISHED ON
LOT 9, CITY BLOCK 258, LOCATED AT 625 25" 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.
A Motion to remove this item from the table was made by Council Member McCarthy and
seconded by Council Member Rogers.
Shawn Napier explained that he had met with the new engineer and should be receiving a
revised plan in the near future.
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Regular City Council Meeting
June 22, 2009
Page 6
Pending further notification from Shawn Napier, a Motion to table this item was made by
Council Member Biard and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays.
20. Second reading, deliberate and possibly act on AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 34-22(b), WATER RATES,
AND SECTION 34-23(a), (b), AND (c), SEWER RATES, TO REFLECT CHANGES
RECOMMENDED BY THE 2009 COST OF SERVICES RATE STUDY; PROVIDING A
REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY
CLAUSE; AND PROVIDING FOR AN EFFECTNE DATE.
Council Members Pickle and Brown were not in favor of raising the water rates to increase the
reserves. Kevin Carruth said the difference would have to be made up on the general fund side.
Council Member Biard said that they needed to look at the entire rate study. Several Council Members
said they would like additional information prior to voting on this item.
A Motion to table this item for one month was made by Council Member McCarthy and
seconded by Council Member Biard. Motion carried, 6 ayes - 1 nay, with Council Member Brown
casting the dissenting vote.
21. Second 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
L1NIT, SECTIONS 12-51 THROUGH 12-66 AND REPEALING ARTICLE N, FIRE
PREVENTION CODE, SECTIONS 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 INTERNATIONAL 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.
A Motion to remove this item from the table was made by Council 1Vleinber McCarthy and
seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays.
City Manager Kevin Carruth explained that ihe sprinkler systems were mandated by state 1aw
and were in the 2003 Building Codes, which is the Code the City was currently operating under. Fire
Chief Ronnie Grooms gave a presentation regarding this item and answered questions from Council.
After discussion, and consideration of hearing from citizens under the public forum, the Council asked
for an item on the next Agenda to appoint a Committee comprised up of staff, three Council Members
and property owners to study the Fire Code and Building Code.
Regular City Council Meeting
June 22, 2009
Page 7
A Motion to table this item was made by Council Member Rogers and seconded by Council
Member Kear.
22. Deliberate and act on A RESOLUTION OF THE CITY COUNCIL OF THE CI'TY OF PARIS,
TEXAS, APPROVING AND ACCEPTING THE TERMS AND CONDITIONS OF A
WATER SERVICE CONTRACT BY AND BETWEEN THE CITY OF PARIS AND
MARVIN-JENNiNG-CLARDY WATER CORPORATION FOR THE SALE OF POTABLE
WATER; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING
AN EFFECTNE DATE.
Mayor Freelen said that MJC Board President Dr. Wally Kraft had asked that this item be
moved to the next Agenda, because two of the board members were out of town and had been unable
to review the Agreement.
A Motion to table this item was made by Council Member McCarthy and seconded by Council
Member Kear. Motion carried, 7 ayes - 0 nays.
23. RESOLUTION NO. 2009-066: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS; APPROVING THE CONSTRUCTION OF A NEW HANGAR AND
AUTHORIZING THE EXECUTION OF A TWENTY-FIVE (25) YEAR LEASE
AGREEMENT FOR PROPERTY LOCATED AT COX FIELD AIRPORT WITH WILLIAM
T. BOOTH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTNE DATE.
A Motion to approve the lease for a thirty year term was made by Council Member Pickle and
seconded by Council Member Biard. Motion carried, 7 ayes - 0 nays.
24. Deliberate and act on an Agreement for professional services between the City of Paris and
Municipal Development Services for management and administrative assistance related to the
Grand Theatre Texas Capital Fund Project.
City Manager Kevin Carruth said this item was rescheduled for the next meeting after the
Agenda had already been posted.
25. Deliberate and seek direction on a construction project to widen a portion of Collegiate Drive
in front of the proposed Paris High School and a portion in front of the Civic Center.
City Council discussed the different options with regard to the number of lanes, the cost of the
project, and whether or not to go with bonds or certificates. It was a consensus of the Council that they
needed additional information, specifically the costs of other projects and TxDOT's plans for the
project. Staff will bring back additional information to the July l 3`'' meeting.
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Regular City Council Meeting
June 22, 2009
Page 8
26. Convene into Executive Session
a. 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 locate, stay, or
expand in Lamar County and consider any commercial and financial information
related to the business prospect.
b. Pursuant to Section 551.071 of the Texas Government Code, Consultation with
Attorney, to receive legal advice from legal counsel pursuant to the duty of an attorney
to his client under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas, under the Texas Open Meetings act as follows: to receive Attorney
advice regarding legal issues relating to a possible extension of the Memorandum of
Understanding between the City of Paris and the City of Irving.
After a brief recess, Mayor Freelen convened City Council into executive session at 9:05 p.m.
27. Reconvene in open session to deliberate and possibly act on matters discussed in Executive
Session.
Mayor Freelen reconvened Council into open session at 9:38 p.m.
28. RESOLUTION NO. 2009-067: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS, AUTHORIZING THE EXTENSION OF A MEMORANDUM OF
UNDERSTANDING DATED JANUARY 14, 2008 BETWEEN THE CITY OF PARIS,
TEXAS AND THE CITY OF IRVING, TEXAS PERTAINING TO THE FEASIBILITY
STUDY AND POSSIBLE SALE AND TRANSPORTATION OF RAW WATER FROM
LAKE PAT MAYSE AND/OR LAKE CROOK TO THE CITY OF IRVING; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
Mayor Freelen explained that the Lake Pat Mayse Study Committee had not completed their
study. Upon receipt of the report, Mayor Freelen said that the citizens would be the ones to decide
whether or not to sell water.
A Motion to extend the memorandum of understanding for one year was made by Council
Member Biard and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays.
29. Deliberate on the ordinance regarding regulation of the collection of solid waste.
Mayor Freelen said that he had requested this item. Council Member Rogers asked if they
could table this item to the next meeting to allow for a more thorough discussion.
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Regular City Council Meeting
June 22, 2009
Page 9
A Motion to table this item to the next meeting was made by Council Member Kear and
seconded by Council Member McCarthy. Motion carried, 7 ayes -1 nay, with Council Member Biard
casting the dissenting vote.
30. Deliberate on Council Member's recommendations/suggestions for the 2009-2010 Budget.
A Motion to table this item to the next meeting was made by Council Member Pickle and
seconded by Council Member Biard. Motion carried, 7 ayes - 0 nays.
31. Consider and approve future events for City Council and/or City Staff pursuant to Resolution
No. 2004-081.
Council Member McCarthy reminded everyone that there was a meeting of the Ark-Tex
Council of Governinents on Thursday.
32. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member McCarthy
and seconded by Council Member Brown. Motion carried,7 ayes - 0 nays. The meeting was adjourned
at 9:42 p.m.
JESSE JAMES FREELEN, MAYOR
JANICE ELLIS, CITY CLERK
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