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05-Council Minutes from the meetings of 8/20/09, 8/24/09, 8/27/09 & 8/31/02CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 09/04/09 Council Date: City Clerk Janice Ellis 5. 09/ 14/09 RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE(S): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meetings of August 20, 2009; August 24, 2009; August 27, 2009; and August 31, 2009. BOARD/ COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meeting of June 22, 2009 ACTION: BUDGET INFO: ❑ Financial Report ~ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance yTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration E City Clerk ❑ Community Developmerit ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Wotks ❑ Utilities City of Paris Revised 2/04/08 .._~~~.oi SPECIAL MEETING OF THE CITY COUNCIL, CITY OF PARIS August 27, 2009 The City Council of the City of Paris met for a special session for a budget workshop at 5:30 P.M. on Thursday, August 20, 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; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Shawn Napier, City Engineer; Ronnie Grooms, Fire Chief; Bob Hundley, Police Chief; Kent Klinkerman, EMS Director; Tom Hunt, Municipal Judge; Doug Harris, Director of Utilities; and Priscilla McAnally, Library Director. 1. Call meeting to order. Mayor Freelen called the meeting to order at 5:34 p.m. 2. Deliberate and act on appointment of a Council Member to Northeast Texas Regional Planning Organization. Mayor Freelen asked Council Member Rogers if she would be willing to serve as the representative for this organization and she answered in the affirmative. A Motion to appoint Council Member Rogers to serve on the Northeast Texas Regional Planning Organization was made by Council Member McCarthy and seconded by Council Member Biard. Motion carried, 6 ayes - 0 nays. 3. Budget workshop - deliberate on proposed 2009-2010 Budget. Mayor Freelen moved to item 3 and turned the meeting over to Kevin Carruth. Mr. Carruth reviewed Water Production, Expenditure Detail Expenditures, Water Distribution, Sewer Maintenance and the Waste Water Treatment Plant. Council Member Kear arrived at 5:40 p.m. City Manager Kevin Carruth continued review with the Lift Stations and Capital Projects Fund. Upon completion of his review, Mr. Carruth answered questions from City Council. Finance Director Gene Anderson reviewed and answered questions from City Council on the Special Revenue ~ fI Special City Council Meeting August 27, 2009 Page 2 Fund, Grant Fund, Debt Services, PEDC and the Health Department. Mr. Carruth stated that Council inquired about the replacement cost of the Andy Anderson ambulance last week and that the cost was $10,000.00. It was a consensus of the City Council to include the ambulance in the budget. Council Member Brown commended Kevin Carruth on the budget, as well as the department heads. Council Member Brown said Mr. Carruth deserved credit for a job well done on this budget. 4. Adjournment. There being no further business, a Motion to adj ourn was made by Council Member Biard and seconded by Council Pickle. Motion carried, 7 ayes - 0 nays. The meeting was adjourned at 7:04 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK ,,,W 03 SPECIAL MEETING OF THE CITY COUNCIL, CITY OF PARIS August 31, 2009 The City Council of the City of Paris met for a special session at 5:30 P.M. on Monday, August 31, 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 Staf£ Kevin Carruth, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; and Kent Klinkerman, EMS Director. 1. Call meeting to order. Mayor Freelen called the meeting to order at 5:30 p.m. 2. Second public hearing on the City's proposal to increase tax revenues from the preceding tax year and to set the tax rate for 2009. Mayor Freelen opened the public hearing and asked that anyone wishing to speak in support of this item, to please come forward. No one spoke. Mayor Freelen asked that anyone wishing to speak in opposition of this item, to please come forward. With no one speaking, Mayor Freelen closed the public hearing. 4. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. The meeting was adjourned at 5:32 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK Regular City Council Meeting August 24, 2009 Page 10 30. Reconvene into open session to possibly deliberate or act on the extension of the City Manager's employrnent agreement. Mayor Freelen reconvened City Council into open session at 7:35 p.m. and announced that there was no action to be taken at that time. 31. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Council Member Brown confirmed that he would be attending the TML conference in October. 32. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Kear and seconded by Council Member McCarthy. Motian carried,7 ayes - 0 nays. The meeting was adjourned at 7:37 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY GLERK 1,~, - - 5 SPECIAL MEETING OF THE CITY COUNCIL, CITY OF PARIS August 20, 2009 The City Council of the City of Paris met for a special session far a budget workshop at 5:30 P.M. on Thursday, August 20, 2009, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Joe McCarthy; Kevin Kear; Stephen Brown; Edwin Pickle; and Rhonda Rogers City Staff: Kevin Carruth, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Shawn Napier, City Engineer; Ronnie Grooms, Fire Chief; Bob Hundley, Police Chief; Kent Klinkerman, EMS Director; Tom Hunt, Municipal Judge; Doug Harris, Director of Utilities; and Priscilla McAnally, Library Director. Absent: Council Member: Will Biard Mayor Freelen called the meeting to order at 5:30 p.m. Deliberate and possibly act on a proposal and funding options 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 at length the options of constructing a non-boulevard, a boulevard, a collector and arterial streets, as well as funding options. City Council also discussed constructing the streets with asphalt instead of concrete. Council asked Shawn Napier to bring to them the cost estimate far providing asphalt streets with concrete intersections and concrete turn-lanes. A Motion to provide the non-boulevard street with asphalt top to include concrete intersections and concrete turn-lanes was made by Council Member Kear and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. City Council discussed paying for this project by issuing certificates of obligation, paying for the project out of reserves and taking the issue to an election. A Motion to approve certificates of obligation was made by Council Member Brown and seconded by Council Member Kear. Motion carried, 5 ayes -1 nay, with Council Member Pickle casting the dissenting vote. 2. Deliberate and possibly act on projects to be considered for the bond election and funding options. U Special City Council Meeting August 20, 2009 Page 2 No action was taken. Budget workshop - deliberate on proposed 2009-2010 Budget. Mayor Freelen moved to item 3 and turned the meeting over to Kevin Carruth. Mr. Carruth reviewed in detail the General Expenses. Gene Anderson said that department 89 was created for general expenses not charged to a specific department, such as non-profit agencies. Mr. Carruth stated that Keep Paris Beautiful and Lamar County Coalition of Education were not included, because the requests were received late. Council Member Brown said he would like for both to be included in the budget. Council Member Pickle said that the Diversity Task Force received $10,000.00 from United Way, but had only asked for $500.00. Council Member Pickle suggested that instead of allocating $20,000.00 for Diversity Task Force, that they allocate $17,500.00. He further said this would allow them to fund $3,500.00 for Keep Paris Beautiful and $5,000.00 for the Lamar County Coalition of Education. It was a consensus of the City Council to make these changes. Council Member McCarthy verified that $6,000.00 was allocated for diversity training far employees. Kevin Carruth confirmed that was correct. Kevin Carruth continued through the budget with Information Technology, Water & Sewer Fund, the Warehouse and Water Billing & Collecting. City Manager Kevin Carruth and Finance Director Gene Anderson answered questions from City Council. 4. Adj ournment. There being no further business, a Motion to adjourn was made by Council Member McCarthy and seconded by Council McCarthy. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 7:35 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK REGiJLAR MEETING OF THE CITY COUNCIL, CITY OF PAR1S August 24, 2009 The City Council of the City of Paris met for a regular session at 5:30 P.M. on Monday, August 24, 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; Janice Ellis, City Clerk; Gene Anderson, Financial Director; Tom Hunt, Municipal Judge; Priscilla McAnally, Library Directar; Ronnie Grooms, Fire Chief; Doug Harris, Director of Utilities; Shawn Napier, City Engineer; Kent Klinkerman, EMS Director; and Bob Hundley, Police Chief Opening Agenda Call meeting to order. Mayor Freelen called the meeting to order at 5:33 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member McCarthy led the pledge. 4. Citizens' forum. Maralene Rose, 2710 W. Brame - she asked the City Council to reinstate a cost of living raise for the city retirees. Billie Keys, 1230 S. Holly, Blossom, Texas - she spoke in support of the zoning changes on items 15a and 16. Don Holiday, 3935 Oleander Street - he complained about a water drainage problem on his property. He also asked the City Council not to extend the City Manager's employment agreement. M. " - " nC7 Regular City Council Meeting August 24, 2009 Page 2 Consent Agenda Council Member Kear made a Motion to approve the Consent Agenda and Council Member Pickle seconded the Motion. The Council voted seven (7) for and none (0) opposed ta approve and adopt Consent Agenda Items 5, 6, 7, 8, 9, and 10. 5. Deliberate and act on the approval of minutes from the meeting on August 10, 2009; August 13, 2009, and August 17, 2009. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Traffic Commission (7-7-09) b. Board of Adjustment (6-9-09) c. Historic Preservation Commission (7-27-09) 7. Deliberate on July monthly financial report. 8. Deliberate and act on RESOLUTION NO. 2009-084: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE PROPOSAL OF BRAZOS TECHNOLOGY FOR THE PURCHASE, LICENSING AND MAINTENANCE OF TWO ELECTRONIC HAND-HELD TICKET WRITERS, EQUIPMENT AND RELATED SOFTWARE IN THE AIVIOUNT 4F $18,471.00 TO BE USED BY THE POLICE DEPARTMENT AND MUNICIPAL COURT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 9. Deliberate and act on RESOLUTION NO. 2009-085: A RESOLUTION OF THE CITY COUNCIL OF THE C1TY OF PARIS, TEXAS, AMENDING RESOLUTION NO. 2009-059 WH1CH AUTHORIZED AN APPLICATION FOR FUNDING FOR THE JUSTICE ASSISTANCE GRANT (JAG) RECOVERY ACT PROGRAM FOR LIVE SCAN FINGERPRINT EQUIPMENT, TO CORRECT THE GRANT AMOUNT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 10. Deliberate and act on RESOLUTION NO. 2009-086: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DECLARING A CERTAIN 0.3305 ACRE CHANNEL EASEMENT LOCATED ON AND ACROSS PROPERTY BELONGING TO ROBERT B. HAYTER TRUST THAT IS NO LONGER NEEDED AND IS OF NO USE TO THE CITY OF PAR1S; ABANDONING SAID CHANNEL EASEMENT; ACCEPTING AND DEDICATING A NEW 0.3310 ACRE CHANNEL EASEMENT LOCATED ON THE 1 - - v e 9 Regular City Council Meeting August 24, 2009 Page 3 SAME PROPERTY; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO ABANDON THE EXISTING CHANNEL EASEMENT AND DEDICATING THE NEW CHANNEL EASEMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. ReEular Agenda 11. Public hearing an the proposed budget fiscal year 2009-2010 for the City of Paris. Mayor Freelen opened the public hearing and asked that anyone wishing to speak, to please come forward. With no one speaking, Mayor Freelen closed the public hearing. 12. Deliberate and act on RESOLUTION NO. 2009-087: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, SETTING A PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE CITY MANAGER'S PROPOSED BUDGET FOR FISCAL YEAR 2009-2010; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. City Manager Kevin Carruth recommended that the public hearing be scheduled for September 14, 2009 at 5:30 p.m. A Motion to set the public hearing for September 14, 2009 was made by Council Member Rogers and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 13. First public hearing on the City's proposal to increase tax revenues from the preceding tax year and to set the tax rate for 2009. Mayor Freelen opened the public hearing and asked that anyone wishing to speak, to please come forward. With no one speaking, Mayor Freelen closed the public hearing. 14. Public hearing, deliberate and act on RESOLUTION NO. 2009-088: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING AN APPLICATION FOR FUNDING THROUGH THE TEXAS DEPARTMENT OF AGRICULTURE, OFFICE OF RURAL COMMUNITY AFFAIRS FOR THE TEXAS CAPITAL FUND INFRASTRUCTURE GRANT PROGRAM FOR INFRASTRUCTURE IMPROVEMENTS TO PROVIDE A SUPPLY OF TREATED WATER FOR A COMMERCIAL DAIRY OPERATION LOCATED IN LAMAR COUNTY, TEXAS; 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 DECLARING AN EFFECTIVE DATE. 10 Regular City Council Meeting August 24, 2009 Page 4 Mayor Freelen opened the public hearing and asked that anyone wishing to speak in support of this item, to please come forward. Grant writer Kim Lacey explained this $1,000,000 grant was for construction of a water line to serve the proposed Daisy Farms Dairy and that a match from the City was not required. She also said that Daisy Farms had committed to paying for the difference between the grant amount and actual cost of construction. Mayor Freelen asked for anyone wishing to speaking in opposition of this item, to please come forward. With no one else speaking, Mayor Freelen closed the public hearing. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. 15. Public hearing, first reading, deliberate and act on ORDINANCE NO. 2009-029: 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: a. That the future land use recommended for the property located on Lot 19, City Block 8, Sperry Addition, located at 2750 Bonham Street, be changed from Low Density Residential to General Retail. b. That the future land use recommended for the property located on a 0.470 tract of land that is part of the Wesley Askins Survey #7, located at 3909 Farm to Market 195, be changed from Low Density Residential to Commercial. c. That the future land use recommended for the property located on 1.094 acres situated on the west portion of a part of Lot 3, City Block 170-A, located at 1920 South Church Street, be changed from Light Industrial to Colnmercial. Mayor Freelen opened the public hearing and asked that anyone wishing to speak in support of these proposed amendments, to please come forward. Attorney A.W. Clem spoke in support of items a, b and c. Christians in Action Director pon Walker spoke in support of item c. Mayor Freelen asked that anyone wishing to speak in oppositian of these proposed amendments, to please come forward. With no one else speaking, Mayor Freelen closed the public hearing. It was a consensus of City Council to invoke the super majority rule. A Motion to approve l Sa was inade by Council Member McCarthy and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. A Motion to approve ] Sb was made by Council Member Rogers and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. - - - li Regular City Council Meeting August 24, 2009 Page 5 A Motion to approve 1 Sc was made by Council Member McCarthy and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. 16. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2009-030: 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 19, BLOCK 8, SPERRY ADDITION, LOCATED AT 2750 BONHAIVI STREET, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A SINGLE-FAMILY DW ELLING DISTRICT NO. 2(SF-2) 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 EFFECTIVE DATE. A Motion to combine items 16, 17, 1$ and 19, and invoke the super majority rule was made by Council Member Kear and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. Mayor Freelen opened the public hearing and asked that anyone wishing to speak in support of items 16, 18 and 19, to please come forward. A.W. Clem said he was the attorney on all four items and he had addressed them in the public hearing under item 15. Mayor Freelen asked that anyone wishing to speak in opposition to the items, to please come forward. With no one else speaking, Mayor Freelen closed the public hearing. A Motion to approve items 16, 17, 18 and 19 was made by Council Member Biard and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. 17. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2009-03 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 A 0.470 ACRE TRACT OF LAND BEING A PART OF THE WESLEY ASKINS SURVEY #7, LOCATED AT 3909 FARM TO MARKET 195, C1TY OF PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT (A) TO A COMMERCIAL DISTRICT C)) WITH A SPECIFIC USE PERMIT (49) AUTO FUEL SALES 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. 18. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2009-032: 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 A 1.094 ACRE TRACT OF LAND SITUATED ON THE WEST PORTION OF A PART OF LOT 3, CITY BLOCK 170-A, 'a ` V ` h., Regular City Council Meeting August 24, 2009 Page 6 LOCATED AT 1920 SOUTH CHURCH STREET, C1TY OF PAR1S, 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. 19. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2009-033: 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 A 1.341 ACRE TRACT OF LAND SITUATED ON THE EAST PORTION OF A PART OF LOT 3, CTTY BLOCK 170-A, LOCATED AT 1920 SOUTH CHURCH STREET, CITY OF PARIS, LAMAR COUNTY, TEXAS FROM A COMMERCIAL DISTRICT (C ) TO A LIGHT INDUSTRIAL DISTRICT (LI) 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. 20. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2009-034: 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 13, CITY BLOCK 259, A PART OF THE HIRAM WILLIAMS SURVEY, LOCATED IN THE 2800 BLOCK OF PINE MILL ROAD, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A PLANNED DEVELOPMENT DISTRICT (PD-b) HOUSING DEVELOPMENT OR COMMUNITY UNIT DEVELOPMENT 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 EFFECTIVE DATE. Council Member Biard asked that he be recused from discussion and voting on this item. A Motion to recuse Council Member Biard was rnade by Council Member Pickle and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays. Council Member Biard left the room. Mayor Freelen opened the public hearing and asked that anyone wishing to speak in support of this item, to please come forward. No one spoke in support of this item. Mayor Freelen asked that anyone wishing to speak in opposition of this item, to please come forward. With no one speaking, Mayor Freelen closed the public hearing. A Motion to invoke the super majority rule was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. Regular City Council Meeting August 24, 2009 Page 7 A Motion to approve this item was made by Council Member Brown and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. A Motion to return Council Member Biard to the meeting was made by Council Member Rogers and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. Council Member Biard returned to the room. 21. Public hearing, first reading, deliberate and possibly act on AN ORDINANCE OF THE CITY COUNCIL OF THE CITY C)F PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOT l, BLOCK A, KROGER ADDITION, LOCATED AT 1310 CLARKSVILLE STREET, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A GENERAL RETAIL DISTRIGT (GR) TO A GENERAL RETAIL DISTRICT (GR) WITH A SPECIFIC USE PERMIT (49) AUT4 FUEL SALES, 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 that anyone wishing to speak in support of this item, to please come forward. Jared Sabczak fram Kroger spoke in support of the zoning change. Mayor Freelen asked that anyone wishing to speak in opposition to this item, to please come forward. Bill Kawaja spoke in opposition of the zoning change. Mayor Freelen closed the public hearing. It was a consensus of the Council to consider this item at the second reading scheduled for the next Council meeting. 22. Public hearing, first reading, deliberate and act on ORDINANCE NO. 2009-035: AN ORDINANCE OF THE CITY COUNCIL OF THE C1TY OF PARIS, TEXAS, APPROVING A SITE PLAN FOR A PLANNED DEVELOPMENT DISTRICT HOUSING DEVELOPMENT OR COMMUNTTY UNIT DEVELOPMENT CENTER (PD-b), PREVIOUSLY ESTABLISHED BY THE ENACTMENT OF ZONING ORDINANCE NO. 95-051, ON LOT 4, BLOCK A, TOWNWOOD ESTATES #1 ADDITION, LOCATED AT 2835 10"" 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 that anyone wishing to speak in support of this item, to please come forward. Bobby Smallwood spoke in support of the zoning change. Mayor Freelen asked that anyone wishing to speak in opposition of this item, to please come forward. With no one else speaking, Mayar Freelen closed the public hearing. -all V v - 14 Regular City Council Meeting August 24, 2009 Page 8 A Motion to invoke the super majority rule was made by Council Member Kear and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. A Motion to approve this item was inade by Council Member Kear and seconded by Council Metnber McCarthy. Motion carried, 7 ayes - 0 nays. 23. Public hearing, first reading, deliberate and act on ORDINANCE NO. 2009-036: AN ORDINANCE OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC CONTROL MAP ADOPTED IN SECTION 31-65(b), OF THE CODE OF ORDINANCES OF THE G1TY OF PARIS, TEXAS; ESTABLISHING A STOP SIGN ON 10"" STREET NW AT W. CHERRY STREET STOPPING SOUTHBOUND TRAFFIC AND ON 11'" STREET NW AT W. CHERRY STREET STOPPING NORTHBOUND TRAFFIC; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AND EFFECTIVE DATE. A Motion to invoke the super majority rule was made by Council Member Brown and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. 24. Deliberate and act on RESOLUTION NO. 2009-089: A RESOLUTION OF THE CITY COLJNCIL OF THE C1TY OF PARIS, TEXAS, APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT WITH PARIS INDEPENDENT SCHOOL DISTRICT FOR PROVISION OF SCHOOL RESOURCE OFFICER SERVICES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. A Mation to approve this item was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 25. Deliberate and act on RESOLUTION NO. 2009-090: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING ANINTERLOCAL AGREEMENT WITH NORTH LAMAR iNDEPENDENT SCHOOL DISTRICT FOR PROVISION OF SCHOOL RESOURCE OFFICER SERVICES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. _ 1~ Regular City Council Meeting August 24, 2009 Page 9 26. Receive applications for the lnternational Fire and Building Codes Review Committee, deliberate, and act on appointments to the Committee. A Motion to remove this item from the table was made by Council Member Kear and seconded by Council Member Biard. Motion carried, 7 ayes - 0 nays. Mayor Freelen said that staff had provided to Council a list of individuals who had applied to serve on this Committee. Mayor Freelen suggested that each Council Member appoint one individual and then they select four at large. It was a consensus of Council to do so. Council Member Rogers appointed John Fuston; Council Member Pickle appointed Jordan Harper; Council Member Biard appointed Gary Brown; Council Member Brown appointed Jerry Haning; Council Member Kear appointed Billy Sessums; Council Member McCarthy appointed Johnny Norris; and Mayor Freelen appointed Bobby Smallwood. It was a consensus of the City Council to also appoint Bryan Hargis, Mike Davenport, Charles Waldrum, Kim Stephens and alternate Carolyn Whelchel. Council Members Pickle, Brown and Kear will serve as liaisons on this Committee. 27. Deliberate and possibly act on the formation of a Strategic Plan Committee. Council Members Kear and Rogers both stated they wanted to move forward with fonning a committee to put together a Strategic Plan. Mayor Freelen said that Pike Burkhart was working with the Chamber to form a committee. Mayor Freelen asked Council Members Kear and Rogers if they would to the next Chamber meeting, so that the two entities did not duplicate efforts. Council Member Kear said he had a scheduling conflict, but Council Member Rogers said that she would do so and get back with the Council. 28. Deliberate and act on city staff working with TxDOT in an effort to lower the speed limit at the intersection of FM 195 and Elk Hollow Road to Loop 286. Chief Hundley said that TxDOT had previously done a study and would not conduct another one, because it had been too soon since the last study. Chief Hundley also said that TxDOT was going to install a traffic light at 195 and Loop 286 in response to a study that staff requested in 2008. 29. Convene into Executive Session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of City Manager. Following a brief recess, Mayor Freelen convened City Council into executive session at 7:10 p.m. Regular City Council Meeting August 24, 2009 Page 10 30. Reconvene into open session to possibly deliberate or act on the extension of the City Manager's employment agreement. Mayor Freelen reconvened City Council into open session at 7:35 p.m. and announced that there was no action to be taken at that time. 31. Consider and approve future events for City Council andlor City Staff pursuant to Resolution No. 2004-081. Council Member Brown confirmed that he would be attending the TML conference in October. 32. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Kear and seconded by Council Member McCarthy. Motion carried,7 ayes - 0 nays. The meeting was adjourned at 7:37 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK ~ (D ik