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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 , ~10C0 t~:1 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. ° V 0 0 0 C. ,r 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 11 U00010" 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. ;U 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. . V0VIJ06 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. - bilt;til P, j 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 s u001)10