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05-Council Minutes from the meeting of July 27, 2009CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 08/04/09 Council Date: 08/10/09 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 July 27, 2009 BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meeting of July 27, 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 Works ❑ Finance ❑ Fire ❑ Utilities City of Paris , Revised 2/04/08 . ' y REGULAR MEETING OF THE CITY COUNCTL, CITY OF PARIS July 27, 2009 The City Counci] of the City of Paris met for a regular session at 5:30 P.M. on Monday, July 27, 2009, at the City Council Chamber, 107 E. Kaufman, 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; lanice Ellis, City Clerk; Gene Anderson, Financial Director; Ronnie Grooms, Fire Chief; Doug Harris, Director of Utilities; Shawn Napier, Engineer; Tom Hunt, Municipal Judge; and Bob Hundley, Interim Police Chief Opening Agenda Call meeting to order. Mayor Freelen called the meeting to order at 5:30 p.m. 2. Invocation. Brad Aldridge gave the invocation. 3. Pledge of Allegiance. Council Member Brown led the pledge. 4. Citizens' forum. David Nabors, 1822 E. Polk - he asked that the City Council represent the citizens prior to moving forward on the Pat Mayse Lake issue. Mr. Nabors said Paris needed water to attract new industry. Paula McFadden, 875 Pine Valley - she requested funding for Keep Paris Beautiful/Make Lamar County Shine. Frank Homer, 1825 FM 195 - he asked that the City work with TxDOT in getting the speed limit lowered at the intersection between FM 195 and Smallwood Road to Loop 286. r Regular City Council Meeting July 27, 2009 Page 2 Consent Agenda Council Member McCarthy inade a Motion to approve the Consent Agenda and Council Member Rogers seconded the Motion. The Council voted seven (7) for and none (0) opposed to approve and adopt Consent Agenda Itelns 5 and 6. 5. Deliberate and act on the approval of minutes from the meeting on July 13, 2009. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Traffic Commission (6-2-09) b. Library Advisory Board (6-24-09) c. Plarming and Zoning Commission (6-1-09) d. Airport Advisory Board (6-18-09) Regular Agenda 7. Deliberate on June monthly financial report. Finance Director Gene Anderson answered questions from City Council. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2009-023: AN ORDINANCE OF THE CITY COLJNCIL 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. Mayor Freelen opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. Joe Chamy, with Sum Tex Partners spoke in support of this item. Mr. Chamy said they were proposing to build an eighty unit apartment complex for seniors fifty-five and older. 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. Gene Anderson stated there was a yuestion as to whether or not there were delinquent taxes on this property and that he would contact the Lamar County Appraisal District. Council Member Rogers said the complex would be good for the community, beeause there was a waiting list for these type of apartments. Council Member Rogers favored approving this item, but not approving item 9 until information was received about the taxes. ~ w _ ~ Regular City Council Meeting July 27, 2009 Page 3 A Motion to invoke the super majority rule was made by Council Member Rogers and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. A Motion to approve this item was made by Council Member Rogers and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. 9. Public hearing, first reading, deliberate and possibly act on AN ORDINANCE OF THE CTTY 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 LOT 2, CITY BLOGK 308, 1500 WEST WASHINGTON, CTTY OF PARIS, LAMAR COUNTY, TEXAS FROM A SINGLE FAMILY DWELLING DISTRICT (SF-2) TO A PLANNED DEVELOPMENT DISTRICT (PD-b) HOUSING DEVELOPMENT OR COMMUNITY UNIT DEVELOPMENT, DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE C1TY; 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. No one 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 speaking, Mayor Freelen closed the public hearing. City Council did not take action on this item, but will consider it at their meeting scheduled for August 10, 2009. 10. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2009-024: 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 LOT 17, CITY BLOCK 324, LOCATED AT 2735 FARM MARKET 79, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A LIGHT INDUSTRIAL DISTRICT (LI) 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. Mayor Freelen opened the public hearing and asked for anyone wishing to speak in support of this item to please come forward. Eileen Pheng 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 Brown and seconded by Council Member Biard. Motion carried, 7 ayes - 0 nays. w` ' - ` Regular City Council Meeting July 27, 2009 Page 4 A Motion to approve this item was made by Council Member Kear and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 11. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2009-025: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A SITE PLAN FOR A PLANNED DEVELOPMENT DISTRICT COMMERCIAL CENTER (PD-al PREVIOUSLY ESTABLISHED BY THE ENACTMENT OF ZONING ORDINANCE NO. 88-005, ON LOT 5 AND 10.5 FEET OF LOT 6, BLOCK 1, HAYES HEIGHTS ADDITION, LOCATED AT 3051 LAMAR AVENUE, 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 item to please come forward. Stuart Dodson, representative for the Easlons, 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, Mayar Freelen closed the public hearing. A Motion to invoke the super majority rule was inade by Council Member Brown and seconded by Council Member Rogers. Motion carried, ? ayes - 0 nays. A Mation to approve this item was made by Council Member Rogers and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. 12. 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 EFFECTIVE DATE. A Motion to bring this item from the table was inade by Council Member Rogers and seconded by Council Member Biard. Motion carried, 7 ayes - 0 nays. After diseussing this item at length, the City Council decided to take no action. Instead, City Council elected to address the $620,000 deticit during budget meetings. It was a consensus of Council to do a onetime equity transfer from the expected FY 2008-2009 budget surplus in order to avoid the one percent increase in water rates and a four percent increase in wastewater rates recommended by the cost of service study. Gene Anderson said that at the time Council takes action, that he will need specific wording for the auditor. Regular City Council Meeting July 27, 2009 Page 5 13. Hear and deliberate on presentation of possible funding options to widen and lengthen a portion of Collegiate Drive in front of the proposed Paris High School and a portion in front of the Civic Center and deliberate and act on RESOLUTION NO. 2009-075: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACGEPTING THE PROPOSAL OF CHALAIRE SURVEYING, INC. FOR SURVEYOR SERVICES TO PREPARE A SURVEY FOR THE PROPOSED EXTENSION, EXPANSION AND REALIGNMENT OF SOUTH COLLEGIATE DRIVE FROM LOOP 286 GOING NORTH TO JEFFERSON ROAD (FM 1507) CONTlNU1NG NORTH APPROXIMATELY 1300 FEET TO THE BRIDGE; AUTHORIZING THE CITY MANAGER TO EXECUTE OF A PROFESSIONAL SERVICES AGREEMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTNE DATE. Gene Anderson introduced Dan Almond with Southwest Securities, who discussed the procedures and costs of issuing general obligation debt and answered questions from City Council. A Motion to approve a professional services agreement between the City of Paris and Chalaire Surveying was made by Council Member Biard and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. 14. Deliberate and act on ORDINANCE NO. 2009-026: AN ORDINANCE OF THE CITY GOUNCIL OF THE CITY OF PARIS, TEXAS, EXTENDING AN ADDITIONAL NINETY (90) DAY MORATORIUM ON THE ISSUANCE OF PERMITS UNDER THE CITY CODE OF ORDINANCES AND SPECIFIC USE PERMITS UNDER THE CITY ZONING ORDINANCE FOR THE PLACEMENT OF MOBILE HOMES OR HUD-CODE MANUFACTURED HOMES ON ANY PROPERTY LOCATED WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF PARIS, TEXAS; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO WORK WITH THE PLANNING & ZONING COMMISSION TOWARD DEVELOPINGNEW REGULATIONS FORMOBILE HOMES AND HUD-CODE MANUFACTURED HOMES TO BE PRESENTED TO THE CITY COUNCIL; PROVIDING A PENALTY CLAUSE, SAVINGS CLAUSE, REPEALER CLAUSE, SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Council Member Rogers said that Planning and Zoning was working on this item when new members were appointed and as a result, the Committee re-worked it. She also said that city management did not get the recommended revisions until June. Council Member Rogers asked that city staff move this item up on their priority list and if possible, bring it back to Council in October. She also stated that she would not be in favor of ganting another extension after this extension. A Motion to extend the moratorium (for ninety days) to November 18, 2009 was made by Council Member Rogers and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. Regular City Council Meeting July 27, 2009 Page 6 15. Deliberate and act on RESOLUTION NO. 2009-076: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING FINAL PAYMENT AND CLOSING THE CONTRACT FOR THE DEMOLITION AND DISPOSAL OF THE BUILDINGS AT THE CASA BONITA APARTMENT COMPLEX LOCATED AT IL11 NW AND HENDERSON STREET 1N THE CITY OF PARIS TO INTERCON CONSTRUCTION COMPANY, INC.; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Council Member Brown suggested that during the winter months staff get a motor grater on the property to finish clean-up of the remaining concrete. A Mation to approve this item was made by Council Member Brown and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. 16. Deliberate and act on authorizing the City Manager to negotiate and execute a proposal for project management and laboratory services for Asbestos Abatement at One Oak Apartments. Kevin Carruth explained that state law required that an independent monitor be used for asbestos abateinent projects to ensure that all environmental regulations are followed. Mr. Carruth said that the City had recently utilized Brady Environmental Services to develop proj ect specifications far Casa Bonita and One Oak and was asked to submit a proposal for management and laboratory services during the removal of asbestos from One Oak. He said that the abatement contractor was scheduled to begin August 3"d. A Motion to approve this item was made by Council Member Brown and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. 17. Deliberate on the schedule and remaining funding for mowing right-of-ways, City owned properties, and vacant lots and alternate means of maintaining the vacant lots. Shawn Napier said they had sufficient funds to continue mowing through the budget process. Council Member Biard inyuired of the possibility of creating a written policy where all of the taxing entities would allow foreclosed properties to be obtained by individuals in order to put the property back on the tax rolls. Kevin Carruth said that staff was in the process of researching the alternative and any potential legal issues. City Council asked that staff bring this item back at one of the next two meetings. 1$. Deliberate and possibly act on the report from the Lake Pat Mayse Study Committee. Mayor Freelen said should Council decide to put an issue on the ballot whether or not to sell ~ Regular City Council Meeting July 27, 2009 Page 7 water, they should not do so before lVlay 2010 in order to allow time for questions from the public to be answered. Council Member Kear said he wanted the citizens to know that the Council would not be making the decision to sell or not sell water, but that the citizens would be the ones making that decision. Council Member Biard added that City Council could decide that it was not in the best interest of the citizens to go forward with the possibility of selling water and should that be the case, Council would not put it to a public vote. Mayor Freelen said this process had benefitted the community in that they have learned about what water resources they actually have. Council Member Brown reiterated Mayor Freelen's comment. 19. Deliberate and act on funding, hiring, or outsourcing the positions for Main Street Director and Community Development Directar. Council Member Biard said that he had asked for this item and due to Pete Kampfer's resignation, Pike Burkhart and Kevin Carruth had been working on the Main Street Director position. Council Member Biard requested that ihis item be placed on the next Agenda. A Motion to table this item was made by Council Member Biard and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. 20. 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 business prospects to locate, stay, or expand in Paris/Lamar County and consider any commercial and financial information related to the business prospects, b. Pursuant to Section 551.072 of the Texas Government Code to discuss and deliberate the purchase, exchange, lease, or value of real property. After a brief recess, Mayor Freelen convened City Council into executive session at 6:53 p.m. 21. Reconvene in open session to deliberate and possibly act on matters discussed in Executive Session. Mayor Freelen reconvened City Council into open session at 7:40 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/ar City Staff pursuant to Resolution No. 2004-081. Mayor Freelen said that Commissioner Todd Staples would be recognizing Paris as a Certified Retirement Community on Wednesday, August 5, 2009, at l 1:30 a.m. at the Lamar County Chamber .M., - - - 8 Regular City Council Meeting July 27, 2009 Page 8 of Commerce. He also said lunch would follow at Magel's at 11:45 a.m. 23. Adjournment. There being no furtherbusiness, 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 7:42 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK " - - - j