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05-Council Minutes from the meeting of 10-26-09 and 11-2-09CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 11 /03/09 Council Date: 11 /09/09 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 meetings of October 26, 2009 and November 2, 2009. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meetings. ACTION: BUDGET INFO: ❑ Financial Report Z 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 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 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS October 26, 2009 The City Council of the City of Paris met for a regular session at 5:30 P.M. on Monday, October 26, 2009, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Jesse Jaines Freelen Council Members: Joe McCarthy; 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, CityEngineer; Bob Hundley, Police Chief; and Ronnie Grooms, Fire Chief. Absent: Council Member: Kevin Kear Openin.g Agenda 1. Call meeting to order. Mayor Freelen called the meeting to order at 5:30 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Rogers led the pledge. 4. Citizens' forum. No one spoke. Consent Agenda Subject to the City Council minutes being corrected to reflect that Council Member McCarthy seconded the Motion to adjourn, Council Member Rogers made a Motion to approve the Consent Agenda and Council Member Brown seconded the Motion. The Council voted five (5) for and none (0) opposed to approve and adopt Consent Agenda Items 5 and 6 as follows: 5. Deliberate and act on the approval of minutes from the meeting on October 12, 2009. Regular City Council Meeting October 26, 2009 Page 2 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Traffic Commission (9-8-09) b. Board of Adjustment (9-1-09) c. Historic Preservation Commission (9-28-09 and 10-2-09) Regular Agenda 7. Hear and deliberate on recognition of HOME grant recipients. Grant writer Michael Hunter gave a short presentation. Mayor Freelen presented recipient Bertram and Frances Woods with a ceremonial key to their new home; and Council Member Rogers presented Rebecca Birdwell with a ceremonial key to her new home. The two other recipients were not present. Hear and deliberate on presentation of Paris ISD tax ratification election. PISD Superintendent Paul Trull and School Board President Dave Eisele explained the Paris ISD tax ratification eleetion. In summary, if the voters vote in favor of the tax rate, their rate wi11 be $1.325 and P1SD will receive $2.35 million from the Texas Education Agency to assist the District with operational costs. If the voters vote in opposition of the tax rate, their tax rate will still be $1.325, but FISD will not receive the $2.35 million from the State. Council Member McCarthy arrived to the meeting at 5:45 p.m. 9. Deliberate on September monthly financial report. Gene Anderson answered questions from the City Council. 10. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2009-044: 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 BELOW: a. That the future land use recommended for the property located on Lot 11, City Block 180,106 East Kaufrnan Street, be changed from a Public Lands and Institution District to a Central Area. b. That the future land use recommended for the property located on Lots 12 and 13, Block 1, Stellrose Addition, 2232 Simpson Street, be changed from Low Density Residential to High Density Residential. 3 Regular City Council Meeting October 26, 2009 Page 3 Council Member Biard asked to be recused from items 10, 11 and 12. A Motion to recuse Council Member Biard was made by Council Member Rogers and seconded by Council Member McCarthy. Motion carried, 5 ayes - 0 nays. Council Member Biard left the room. Mayor Freelen opened the public hearing and asked anyone wishing to speak in support of item 1 Oa. to please come forward. Britton Bostic of We Reit spoke in support of this item. Mayor Freelen asked anyone wishing to speak in opposition of this item, to please come forward. With no one else speaking, Mayor Freelen closed the public hearing. Mayor Freelen opened the public hearing and asked anyone wishing to speak in support of item l Ob. to please come forward. Francis "Rusty" Wells spoke in support of this item. Mayor Freelen asked 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 Pickle. Motion carried, 5 ayes - 0 nays. A Motion to adopt revisions to the future land use map was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 5 ayes - 0 nays. 11. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2009-045: 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 11, CITY BLOCK 180,106 EAST KAUFMAN STREET, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A PUBLIC LANDS AND INSTITUTION DISTRICT (PLl) TO A CENTRAL AREA (CA) 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. Mayar Freelen opened the public hearing and asked anyone wishing to speak in support of this item, to please come forward. Britton Bostic of We Reit spoke in support of this item. Mayor Freelen asked 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 Cauncil Member Brown and seconded by Council Member Pickle. Motion carried, 5 ayes - 0 nays. A Motion to approve this item was rnade by Council Member McCarthy and seconded by Council Member Rogers. Motion carried, 5 ayes - 0 nays. Regular Gity Council Meeting October 26, 2009 Page 4 12. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2009-046: 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 LOTS 12 AND 13, BLOCK l, STELLROSE ADDITION, 2232 SIMPSON STREET, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE-FAMILY DWELLING DISTRICT NO. 2(SF-2) TO A MULTIPLE- FAMILY DWELLING DISTRICT NO. 2(MF-2) 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 anyone wishing to speak in support of this item, to please come forward. Francis "Rusty" Wells spoke in support of this item. Mayor Freelen asked 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 Pickle. Motion carried, 5 ayes - 0 nays. A Motion to approve this item was made by Council Member Brown and seconded by Council Member Pickle. Motion carried, 5 ayes - 0 nays. A Motion to return Council Member Biard to the meeting was made by Council Member McCarthy and seconded by Council Member Rogers. Motion carried, 5 ayes - 0 nays. 13. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2009-047: 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 LOT 3, CITY BLOCK 235, 1180 19" NW STREET, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE-FAMILY DWELLING DISTRICT NO. 3(SF-3) TO A COMMERCIAL DISTRICT (C) DTRECTING A CHANGE ACCORDINGLY 1N THE OFFICIAL ZONING MAP OF THE C1TY; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTNE DATE. Mayor Freelen opened the public hearing and for anyone wishing to speak in support of this item, to please come forward. Bobby Jones 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 Pickle. Motion carried, 6 ayes - 0 nays. « r-~ Regular City Gouncil Meeting October 26, 2009 Page 5 A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. 14. Hear presentation on certificates of obligation and refunding bond issues by Dan Almon with Southwest Securities and provide direction to City Staff. After Dan Almon's presentation on the potential of saving approximately $1.6 million by refunding old general obligation and revenue bond issues, City Council discussed options at length and scheduled this item for the November 9`h meeting. 15. Deliberate and possibly act on improvements to Stillhouse Road and possible funding sources. City Council deliberated on several different options for improvements and funding. A Motion to make improvements to Stillhouse Road, including widening of the road by nine feet and adding concrete curbing and turn lanes was made by Council Member Biard and seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. Mayor Freelen inquired of City Council if they wanted to add this project to the certificate of obligation to be issued for the South Collegiate Drive Project, or if they wanted to fund it out of reserves. A Motion to fund the project from reserves was made by Council Member Biard and seconded by Council Member Pickle. Motion carried, 4 ayes - 2 nays, with Mayor Freelen and Council Member Rogers casting the dissenting votes. 16. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Mayar Freelen scheduled a special meeting for Monday, November 2"d at 5:30 p.m. to deliberate on HUD Code Manufactured Housing. 17. Adjournment. There being no further business, a Motion to adjourn was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 7:47 p.m. JESSE JAMES FREELEN, MAYOR JANIGE ELLIS, CITY CLERK SPECIAL MEETING OF THE CITY COUNCIL, CITY OF PARIS November 2, 2009 The City Council of the City of Paris met for a special session at 5:30 P.M. on Monday, November 2, 2009, at the Old City Council Chamber, 135 S.E. l" Street, 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; and Shawn Napier, City Engineer Call meeting to order Mayor Freelen called the meeting to order at 5:30 p.m. 2. Invocation. Council Member Pickle gave the invocation. 3. Pledge of Allegiance. Council Member McCarthy led the pledge. 4. Deliberate on a proposed ordinance on amending regulations for HUD-Code Manufactured Homes and Parks. City Council Members were each given a working draft of the ordinance, a copy of Section 22 of the Paris City Charter dealing with mobile homes and mobile home parks, and an aeiral of each mobile home park. City Engineer Shawn Napier told Council that Planning and Zoning had been reviewing and discussing this ordinance for several years. Mr. Napier said that the Planning and Zoning Sub-Committee had made stringent recommendations as reflected in the draft ordinance and that staff was seeking direction from Council. Mayor Freelen expressed concern about telling someone they had to move from their home, as did Council Member McCarthy and Council Member Rogers. Council Member Brown said that he had seen some nice manufactured homes. Council Member Biard inquired as to why this item was being reviewed. Mayor Freelen stated for consistency purposes. Council discussed zoning districts, grandfathering issues, the age of a manufactured home and/or mobile home for replacement purposes, and mobile home parks. „ L ~ Special City Council Meeting November 2, 2009 Page 2 City Manager Kevin Carruth, City Attorney Kent McIlyar and City Engineer Shawn Napier answered questions from City Council. Mr. Carruth suggested they extend the moratorium and have the Planning and Zoning Sub- Committee give City Council a presentation regarding their suggested changes. It was a consensus of Council extend the moratorium and to schedule a special meeting for Monday, December 7, 2009 at 6:00 p.m. to hear from the Sub-Committee. Mr. Napier will confirm the presentation with the Sub- Committee. Adj ournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. The meeting was adjourned at 6:25 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK - - - X V