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06-Council Min. from 12/7/09, 12/14/09, adn 01/11/10CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Ol/14/10 Council Date: O1/25/10 Originating Department: City Clerk Presented By: Janice Ellis Agenda Item No.: 6. RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE(S): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meetings of December 7, 2009; December 14, 2009; and January 11, 2010. 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 y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration E City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris 3 Revised 2/04/08 SPECIAL MEETING OF THE CITY COUNCIL, CITY OF PARIS December 7, 2009 The City Council of the City of Paris met for a special session at 5:45 p.m. on Monday, December 7, 2009, at the City Council Chamber, 107 E. Kaufrnan, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Joe McCarthy; Kevin Kear; 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; Bob Hundley, Police Chief; and Ronnie Grooms, Fire Chief Absent: Council Member: Stephen Brown l. Call meeting to order. Mayor Freelen called the meeting to order at 5:48 p.m. 2. lnvocation. Council Member Pickle gave the invocation. 3. Pledge of Allegiance. Council Member Pickle led the pledge. 4. Hear presentation by Planning and Zoning Commission on their proposed amendments to regulations for HUD-Code Manufactured Homes and Parks; and deliberate and provide direction to staff on proposed amendments. Shawn Napier said that this item was a result of the Task Force on Code Enforcement, but that the past City Council had not given Planning and Zoning an official charge. Mayor Freelen said one of the problems was that motor homes were parking in mobile home parks for an extended period of time. He also said he did not want to eliminate mobile homes, because there are some nice ones. Planning and Zoning Chairman Benny Plata said the Committee discussed not allowing mobile homes older than 1976 in parks. Mr. Plata explained that modular homes came in sections and were on foundations, but that manufactured homes replaced mobile homes. - 000~011 Special Council Meeting December 7, 2009 Page 2 Mayor Freelen expressed there were appropriate places for manufactured homes other than mobile home parks. City Attorney Kent McIlyar said that areas zoned SF3 allowed manufactured housing, but only after going to City Council for approval of a specific use permit. Council Member Biard inguired of Mayor Freelen if he was contemplating subdivisions for manufactured housing, as well as requiring those who wanted to place a manufactured home in a SF3 zoning area to apply for a specific use permit. Mayor Freelen answered in the affirmative. Council Member Rogers said if permitted, there should be certain restrictions. Council Member Kear suggested adopting the proposed ordinance as written with the understanding that City Council would review the applications on a case by case basis. Council Members Biard and Pickle both agreed with Council Member Kear. City Council continued discussion of grandfathering existing homes, specific use permits, variances, and designation of manufactured home parks. It was a consensus of the City Council to adopt the revised ordinance, but to include prohibition of manufactured housing except in designated manufactured home parks and S173 zoned areas with specific use permits. City Council also decided to grandfather existing manufactured homes/mobile homes and identify their location on a list. Council Member Biard made a Motion ta adopt the revised ordinance to include prohibition of manufactured housing except in designated manufactured parks and SF3 zoned areas with specific use permits, and grandfather the existing homes. Council Member Biard also said that the existing homes should be identified and placed on a list. Shawn Napier said that additional changes would be reguired because the Ordinance conflicts with other City Ordinances. Council Member Biard suggested that the ordinance be sent back to Planning and Zoning to review their recommended changes. It was a consensus of City Council to do so. Kent McIlyar clarified with City Council that should a developer come in and want to construct new development, which Council wanted ta staff to follow the standards set out in the proposed Ordinance. It was a consensus of City Council to do so. Council Member Biard left the meeting at 7:00 p.m. Council Member Rogers said she had a problem with the 1,000 feet setback, because the City required a 200 feet setback on other properties. It was a consensus of City Council to change the Ordinance to reflect a requirement of a 200 feet setback in SF3 zoned areas and manufactured home parks. It was also of City Council to make the following changes to the proposed Ordinance: Page 5, Section 4A License Required Section 4A - change to non-gender specific Page 5, Section 4A - last sentence add the word "the" between the words on and 31 S` ~ 00000;y Special Council Meeting December 7, 2009 Page 3 Verbage to be added to include screening, anchoring and skirted shall be done according to State standards. 5. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and seconded by Council Member McCarthy. Motion carried, 5 ayes - 0 nays. The meeting was adjourned at 7:06 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK U. 0 OO0 t i; REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS December 14, 2009 The City Council of the City of Paris met for a regular session at 5:30 P.M. on Monday, December 14, 2009, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Joe McCarthy; Kevin Kear; Will Biard; Edwin Pickle; and Rhonda Rogers City Staf£ Kevin Carruth, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Shawn Napier, City Engineer; Bob Hundley, Police Chief; and Ronnie Grooms, Fire Chief Absent: Council Member: Stephen Brown Opening Agenda 1. 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 Kear led the pledge. City Manager Kevin Carruth introduced Interim Public Works Director Steve McFadden. 4. Citizens' forum. No one spoke. Consent Agenda Council Member Biard made a Motion to approve the Consent Agenda and Council Member Kear seconded the Motion. The Council voted six (6) for and none (0) opposed to approve and adopt Consent Agenda Items 5, 6, 7, 8, 9, 10, and 11 as follows: Regular City Council Meeting December 14, 2009 Page 2 5. Deliberate and act on the approval of minutes from the meeting on November 9, 2009. 6. Receive and deliberate on reparts and/or minutes from the following boards, commissions, and committees: a. Fire and Building Code Review Committee (10-13-09, 11-10-09 and 11-17-09) b. Traffic Commission (10-6-09) c. Historic Preservation Commission (10-26-09 and 11-13-09) d. Paris Visitors & Convention Council (9-14-09) e. Planning & Zoning Commission (l 1-2-09) f. Paris Public Library Advisory Board (10-21-09) 7. Deliberate on drainage ditch maintenance report. 8. Deliberate on October monthly financial report. 9. Deliberate and act on RES4LUT10N NO. 2009-118: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING RESOLUTION NO. 2009-097 WH1CH AUTHORIZED AN APPLICATION FOR FUNDING FOR LOCAL LAW ENFORCEMENT GRANTS FOR THE CONTINUATION OF THE LAMAR COUNTY FELONY CRIMES UNIT, TO CORRECT THE NAME OF THE SOURCE OF THE GRANT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTNE DATE. 10. Deliberate and act on RESOLUTION NO. 2009-119: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING RESOLUTION NO. 2009-059 WHICH AUTHORIZED AN APPLICATION FOR FUNDING FOR THE JUSTICE ASSISTANCE GRANT (JAG) RECOVERY ACT PROGRAM FOR LIVE SCAN FINGERPRINT EQUIPNIENT, TO ADD REQUIRED WORDING TO THE RESOLUTION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 11. Deliberate and act on RESOLUTION NO. 2009-120: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT FOR E-911 SERVICE AND PSAP EQUIPMENT BETWEEN THE CITY OF PARIS AND ARK-TEX COUNCIL OF GOVERNMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SLTBJECT; AND DECLARING AN EFFECTIVE DATE. Regular Agenda 12. Hear, deliberate, and act on presentation of Leadership Lamar Class of 2009-2010 Class Peristyle Restoration Project. rA ooV nov Regular City Council Meeting Decernber 14, 2009 Page 3 Class President John Mark Spencer told the Council that the Class had committed to raising $66,000 toward the restoration of the Bywaters Peristyle by holding various fundraisers and through gant programs. The scope of the project also includes, depending upon the success of fundraising efforts, a project recognition monument sign and landscaping for the park. Mr. Spencer said all work would meet the requirements of the Historic Preservation Committee. City Council voted to fund the remaining $66,000. City Manager Kevin Carruth stated that the money would come from the historic preservation fund set-aside from the hoteUmotel tax. 13. Deliberate and act on the Preliminary Plat and Final P1at of Lot 1, Block A, Southwest LTC Addition 313, located in the 100 Block of 47th Street S.E. A Motion to approve the Preliminary Plat and the Final Plat was made by Council Member Pickle and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays. 14. Public hearing and deliberate on drainage issues east of 42"d Street S.E. Mayor Freelen opened the public hearing and asked for anyone wishing to speak about this item to please come forward. Linda Kilgare, James Finney and Larry Fendley expressed concern about drainage issues especially at times of very heavy rain. Council Member Kear inquired when the drainage issues began and Mrs. Kilgore responded they had problems prior to Wal-Mart being built. Kevin Carruth explained there was a drainage channel that runs behind the homes on 42°d SE and noted that Primrose, Jasmine, and Oleander Streets were not part of the Morningside Addition, but were developed after Morningside. Mr. Carruth also said that when Morningside was developed, the developer did not dedicate a drainage easement to the City and the drainage way was left in its natural state, as opposed to the later addition where the developer was required to improve the ditch by lining it with concrete and dedicating a drainage easement to the City. Mr. Carruth stated that approximately halfway down 42nd Street the creek enters a wooded area, narrows, and begins to take a meandering course. Mr. Carruth also reminded the Council that the City had recently refused the dedication of a drainage easement behind Mirabeau Square until the developer brought the ditch up to City specifications, keeping with the City's historical practice. Mr. Carruth noted that developers are required by state law to submit drainage plans, sealed by a professional engineer, showing that no more water is being shed from the developer's property onto adjoining property than was being shed before the proposed development. He also said that any disputes about the drainage plan were a civil issue. Shawn Napier said that a drainage inlet at 445 42nd SE was on the City's drainage ditch maintenance report, but that the City was prohibited by state law from working on private property such as the drainage ditch. Council Member Biard agreed. Mayor Freelen told the citizens that the City would continue to try to work with them on their issues. With no one else speaking, Mayor Freelen closed the public hearing. 15. Deliberate and act on the Preliminary Plat and Final Plat of Lot 2, Block A, Nelms CB 32 Addition, located at 1202 and 1224 Pine Bluff Street. A Motion to approve the Preliminary Plat and the Final Plat was made by Council Member - 0 0 q Regular City Council Meeting December 14, 2009 Page 4 Biard and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays. 16. First reading, deliberate, and possibly act on ORDINANCE NO. 2009-050: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS ABANDONING A FIFTEEN (IS) FOOT ALLEY BETWEEN 3' STREET SE AND S' STREET SE, BEGINNING AT THE NORTH BOUNDARY LINE OF EAST HEARON STREET GOING NORTH A DISTANCE OF 246.45 FEET TO THE 50UTH PROPERTY LINE OF LOT 23, CITY BLOCK 142, CITY OF PARIS, TEXAS; DECLARING THAT THERE IS NO PUBLIC NECESSITY OR NEED FOR SAID ALLEY FOR CITY USE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A Motion to invoke the supermajority rule was made by Council Member Biard and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. 17. Deliberate and act on RESOLUTION NO. 2009-121: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AUTHORIZING THE EXECUTION OF A DEED OF ABANDONMENT TO THE ADJACENT PROPERTY OWNER OF A FIFTEEN (15) FOOT ALLEY ABANDONED BY ORDINANCE NO. 2009-050 FROM THE NORTH BOUNDARY LINE OF E. HEARON STREET A DISTANCE OF 246.45 FEET TO THE SOUTH PROPERTY LINE OF LOT 23, CITY BLOGK 142, BETWEEN 3RD STREET SE AND STH STREET SE; 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 Rogers and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. 18. Deliberate and possibly take action on debt refunding. After a brief presentation by the City's Financial Advisor Dan Allmon, City Council decided to consolidate the GO refunding with water and sewer revenue funding in order to save on the cost of issuance and to benefit from a potential improvement in the City's bond rating. It was also the consensus of Council to have staff develop an ordinance requiring 1.1:1 utility rate to debt ratio. 19. Second reading and deliberate on an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, GRANTING TO STEVEN B. RANEYAND WENDY L. RANEY, DBA YELLOW CAB COMPANY, AN EXTENSION OF AN EXISTING FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE ~ ~0 on, 10 Regular City Council Meeting December 14, 2009 Page 5 IN MOTOR VEHICLES FOR A PERIOD OF ONE (1) YEAR, BEGINNING JANUARY 11, 2010 AND ENDING JANUARY 10, 2011, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE FOR SUCH PRIVILEGE AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR MINIMUM LIABILITY INSURANCE REQUIREMENTS FOR GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AN EFFECTIVE DATE. A Motion to combine items 19, 20 and 21 was inade by Council Member Biard and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. City Attorney Kent Mcllyar read the ordinances pursuant to the City Charter. These items were not action items due to the City Charter's requirement of three readings prior to approving franchises. 20. Second reading and deliberate on an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, GRANTING TO STEVEN B. RANEYAND WENDY L. RANEY, DBA CITY CAB COMPANY, AN EXTENSION OF AN EXISTING FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR A PERIOD OF ONE ) YEAR, BEGINNING JANUARY 11, 2010 AND ENDING JANUARY 10, 2011, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE FOR SUCH PRNILEGE AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR MIMMUM LIABILITY INSURANCE REQUIREMENTS FOR GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AN EFFECTIVE DATE. 21. Second reading and deliberate on an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, GRANTING TO DAVID THOMPSON, DBA YELLOW CAB COMPANY, AN EXTENSION OF AN EXISTING FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE 1N NtOTOR VEHICLES FOR A PERIOD OF ONE (1) YEAR, BEGINNING JANUARY 11, 2010 AND ENDING JANUARY 10, 2011, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED, PROVIDING FOR THE REGULATION OF SA1D BUSINESS; PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE FOR SUCH PRIVILEGE AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS; PROVIDING FOR THE I - c 100011 Regular City Council Meeting December 14, 2009 Page 6 TERMINATION OF SUCH GRANT UPON SPEFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR MINIMUM LIABILITY INSURANCE REQUIREMENTS FOR GR.ANTEE; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND 1NSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AN EFFECTIVE DATE. 22. Second reading, deliberate and act on ORDINANCE NO. 2009-051: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING A REVISED DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. 23. First reading, deliberate, and act on ORDINANCE NO. 2009-052: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC CONTROL MAP ADOPTED IN SECTION 31-65 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; ESTABLISHING NO PARKING AREAS ON BOTH SIDES OF STILLHOUSE ROAD IN THE 2400-2500 BLOCK BETWEEN THE HOURS OF 2:00 P.M. TO 4:00 P.M. ON MONDAY THORUGH FRIDAY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A Motion to invoke the supermajority rule was made by Council Member Biard and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays. A Motion to approve this item was made by Council Member Biard and seconded byCouncil Member McCarthy. 24. First reading, deliberate, and act on ORDINANCE NO. 2009-053: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC CONTROL MAP ADOPTED IN SECTION 31-65 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; ESTABLISHING NO PARKING AREAS ON BOTH SIDES OF OLD CLARKSVILLE ROAD IN THE 5000 BLOCK; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A 0 000012 Regular City Council Meeting December 14, 2009 Page 7 PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. A Motion to invoke the super majority rule was made by Council Member Pickle and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. A Motion to approve this item was made by Council Member Kear and seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. 25. Deliberate and possibly refer to Planning and Zoning Commission for recommendation of the need to require a specific use permit for the loading, unloading or transloading of crude oil. A Motion to refer this item to Planning and Zoning was made by Council Member Biard and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. 26. Receive update on West Gate Apartments. City Council received an update from City Manager Kevin Carruth and City Engineer Shawn Napier as follows: West Gate Apartments were purchased from Capital One Bank by Destiny Capital. Staff has been working with Destiny Capital to facilitate the sale of the complex by Destiny to a developer. The buildings will have to be brought up to code before it can reopen. The most recent potential buyer was proposing to subdivide the property and have several different owners take a section of the property to decrease the overall investment amount. 27. Receive an update on One Oak Apartments. City Council received an update from City Manager Kevin Carruth and City Engineer Shawn Napier as follows: Asbestos abatement of the One Oak Apartments complex has been completed, except for a small area in the southeast corner that was damaged by fire. The RFP to demolish the complex has been drafted and is being reviewed by staff, with advertising for potential bidders expected in January. To date the City has spent $162,351 on One Oak, which is currently owned by Chad and Debra Brown. 28. Deliberate and act on appointment of Airport Planning Advisory Committee. Shawn Napier said that City had received a grant from TxDOT to develop an airport master plan and that part of the planning process included the creation of a Planning Advisory Committee. Mr. Napier also said that the following proposed committee members had agreed to serve: Jack Ashmore - Airport Advisory Board Chairperson, pilot Kevin Carruth - City Manager Brad Eilrich - Operations Manager, Campbell Soup, industry 0o onli Regular City Council Meeting December 14, 2009 Page 8 Steve Gilbert - PEDC Executive Director, business and industry David Jones - Charter air service owner, pilot Mindy Moree - Chamber Director, business and industry Shawn Napier - City Engineer Vic Ressler - Airport Advisory Board Member and past Chairperson, pilot, and local business Jerry Ritchey - Airport FBO, pilot A Motion to appoint the persons on the list who wished to serve was made by Council Member Biard and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays. It was a consensus of City Council that Council Member Pickle would serve as Council liaison. 29. Deliberate and act on appointment of 2010 Census Complete Count Committee. Kevin Carruth explained that the Census Bureau had requested the creation of a Complete Count Committee to help promote the census and help identify hard to count populations. Mr. Carruth also said that the following proposed committee members had agreed to serve: Robert High - Paris ISD Assistant Superintendent Dave Johnson - Media Mindy Moree - Chamber Director, local business Shawn Napier - City Engineer Marcelino Rodriquez, Jr. - Lamar Avenue Church of Christ Connie Stauter - Social Service Agencies A Motion to appoint the persons on the list who wished to serve was made by Council Member Pickle and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. It was a consensus of City Council that Council Member Rogers would serve as Council liaison. 30. Deliberate and act on RESOLUTION NO. 2009-122: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CASTING ALL OF THE CITY OF PARIS' 830 VOTES FOR JIM NOBLE FOR MEMBERSHIP ON THE BOARD OF DIRECTORS OF THE LAMAR COUNTY APPRAISAL DISTRICT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. ~ 0, 0 Regular City Council Meeting December 14, 2009 Page 9 A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. 31. Convene in Executive Session: a. Pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal advice from the City Attorney about pending or contemplated litigation and/or on matters in which the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, clearly conflict with this chapter as follows: Claim related to the accident at the Water Treatment Plant May 12, 2008. b. Pursuant to Section 551.072 of the Texas Government Code, to deliberate the purchase, exchange, lease, or value of real property. At 7:08 p.m. Mayor Freelen recessed the City Council for a short break and at 7:15 p.m. he convened Gouncil into executive session. 32. Reconvene in Open Session to take possible action regarding those matters discussed in Executive Session. Mayor Freelen convened City Council into open session and announced there was no action to be taken at that time. 33. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. No future events were referenced. 34. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 7:48 p.in. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK a MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS January 11, 2010 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, January 11, 2410, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Joe McCarthy; Stephen Brown; Will Biard; Edwin Pickle; and Rhonda Rogers Absent: Council Member: Kevin Kear City Staff: Kevin Carruth, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Shawn Napier, City Engineer; Bob Hundley, Police Chief; Ronnie Grooms, Fire Chief; and Steven McFadden, Interim Public Works Director Opening 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 McCarthy led the pledge. 4. Citizens' forum. James Price, 1230 Shiloh - invited everyone to participate in the MLK Jr. Parade scheduled for January 16, 2010 at 11:00 a.m. ~ ~~~~-16 Regular Council Meeting lanuary 11, 2010 Page 2 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 6, 7 and 8. Cauncil Member Rogers made a Motion to approve the Consent Agenda and Gouncil Member Biard seconded the Motion The Council voted six (6) for and none (0) opposed to approve and adopt Consent Agenda Items 5, 6, 7, 8, and 9. 5. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Planning and Zoning Commission (12-7-09) b. Paris Board of Adjustment (10-6-09) c. Paris Public Library Advisory Board (11-18-09) 6. Deliberate on drainage ditch maintenance report. 7. Deliberate on November monthly financial reports. 8. Deliberate and act on RESOLUTION NO. 2010-001: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEENT HE CITY OF PARIS AND HAYTER ENGTNEERING, INC. FOR ENGINEERING SERVICES RELATED TO THE CONSTRUCTION OF A FISHING PIER AND HANDICAP RAMP AT LAKE CROOK; AUTHORIZING THE CITY 1VIANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 9. Deliberate and act on RESOLUTION NO. 2010-001: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AFFIRMING THAT THE CITY OF PARIS HAS COMPLIED WITH THE REQUIREIVIENTS OF THE PUBLIC FUNDS INVESTMENT ACT; AMENDING THE CITY'S INVESTMENT POLICY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AAN EFFECTIVE DATE. 10. Third reading, deliberate and act on ORDINANCE NO. 2010-001: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, GRANTING TO STEVE B. RANEY AND WENDY L. RANEY, DBA YELLOW CAB COMPANY, AN EXTENSION OF AN EXISTING FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTiNG PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR A PERIOD OF ONE (1) YEAR, BEGINNING JANUARY 11, 2010 AND ENDING JANUARY 10, ZOII, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; Regular Council Meeting January 11, 2010 Page 3 PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE FOR SUCH PRNILEGE AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR MINIMUM LIABILITY 1NSURANCE REQUIREMENTS FOR GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AN EFFECTIVE DATE. A Motion to combine items 10, 11 and 12 was made by Council Member Biard and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. City Attorney Kent McIlyar read the ordinances pursuant to the City Charter. A Motion to approve items 10, 11 and 12 was made by Council Member Biard and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. 11. Third reading, deliberate and act on ORDINANCE NO. 2010-002: AN ORDINANCE OF THE CTTY COUNCIL OF THE CITY OF PARIS, TEXAS, GRANTING TO STEVE B. RANEY AND WENDY L. RANEY, DBA CITY CAB COMPANY, AN EXTENSION OF AN EXISTING FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR A PERIOD OF ONE (1) YEAR, BEGINNING JANUARY ll, 2010 AND ENDING JANUARY 10, 2011, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE F4R SUCH PRIVILEGE AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR MINIMUM LIABILITY INSURANCE REQUIREMENTS FOR GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AN EFFECTIVE DATE. 12. Third reading, deliberate and act on ORDINANCE NO. 2010-003: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, GRANTING TO DAVID THOMPSON, DBA LONE STAR CAB COMPANY, AN EXTENSION OF AN EXISTING FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR A PERIOD OF ONE (1) YEAR, BEGINNING JANUARY 11, 2010 AND ENDING JANUARY 10, 2011, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OP A FRANCHISE FEE FOR SUCH PRNILEGE AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH ~~~i18 ~ u Regular Council Meeting January 11, 2010 Page 4 GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR MINI1v1UM LIABILITY INSURANCE REQUIREMENTS FOR GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AN EFFECTIVE DATE. 13. Deliberate and act on RESOLUTION NO. 2010-003: A RESOLUTION OF THE CITY COUNCII.. OF THE CITY OF PARIS, TEXAS, APPROVING A PROFESSIONAL SERVICES CONTRACT WITH WEAVER BOOS CONSULTANTS, LLC TO PREPARE AND FILE MUNICIPAL SETTING DESIGNATION WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR THE STILLHOUSE ROAD LANDFILL; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Bob Ferbend with Weavers Boos Consultants gave a presentation on the history of the Stillhouse Road landfill, as well as the possibe remediation responses. Mr. Ferbend said that Weaver Boos could complete a municipal setting designation application for the Stillhouse Road Landfill for approximately $41,000.00. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. 14. Deliberate and act on RESOLUTION NO. 2010-004: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING A MEMBER TO THE AIRPORT ADVISORY BOARD TO SERVE THE UNEXPIRED TERM OF PETE KAMPFER, WHICH EXPIRES APRIL 30, 2011; MAKING OTHER FINDINGS AND FROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. A Motion to appoint EDC Director Steve Gilbert was made by Council Member Biard and seconded by Council Member M:cCarthy. Motion carried, 6 ayes - 0 nays. 15. Deliberate and act on RESOLUTION NO. 2010-005: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; SUPPORTING THE APPLICATION OF PARIS RETIREMENTVILLAGE II, LTD FOR HOUSING TAX CREDITS AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTNE DATE. A Motion to approve this itein was inade by Council Member McCarthy and seconded by Council Member Rogers. Mation carried,.6 ayes - 0 nays. 16. Deliberate and act on RESOLUTION NO. 2010-006: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A QUITCLAIM DEED FROM THE CITY OF PARIS TO WILLIAM GEORGE KING FOR LOTS 7, 8 AND 9, BLOCK 5, SMITH'S F1RST ADDITION, LOCATED AT 1030 PARK STREET; MAKING OTHER FINDINGS .In 6 06 ci19 Regular Council Meeting January 11, 2010 Page 5 AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. 17. Deliberate and act on RESOLUTION NO. 2010-007: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A FINANCIAL ADVISORY CONTRACT WITH SOUTHWEST SECURITIES GROUP FOR PROFESSIONAL SERVICES IN THE CAPACITY OF FINANCIAL ADVISOR FOR THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. 18. Deliberate and act on an ORDINANCE OF THE CITY COLJNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 8-108 AND SECTION 12-100 OF THE CITY ZONING ORDINANCE NO. 1710, AS PREVIOUSLY AMENDED, BY ADDING THE USE OF LOADING, UNLOADING OR TRANSLOADING OF CRUDE OIL WITH AN S(SPECIFIC USE PERMIT) BE ADDED UNDER THE HI (HEAVY INDUSTRIAL ZONING) CLASSIFICATION OF SECTION 8-108 OF THE CITY ZONING ORDINANCE, AND AMENDING SEC. 12-100 SPECIFIC USE PERMITS, TO ADD NO. (53) LOADING, UNLOADING OR TRANSLOADING OF CRUDE OIL IN HEAVY INDUSTRIAL (HI) ZONING DISTRICTS IN THE CITY OF PARIS; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A Motion to invoke the super majority rule was made by Council Member Biard and seconded by Council Member Pickle. Motion failed, 2 ayes - 4 nays, with Mayor Freelen, Council Member. McCarthy, Council Member Brown, and Council Member Rogers casting the dissenting votes. Council Members discussed bringing this item back to Council for consideration. City Attorney Kent McIlyar recommended conducting a public hearing. It was a consensus of City Council to place this item on the next Agenda and conduct a public hearing. 19. Convene in Executive Session pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal advice from the City Attorney with regard to the Lamar County Water Supply District release of CCN area for Daisy Farms and other contract issues. Mayor Freelen convened City Council into executive session at 7:00 p.m. 20. Reconvene in Open Session to take possible action regarding matters discussed in Executive Session. Mayor Freelen reconvened City Council into open session at 7:18 p.m. and announced that there was no action to be taken at that time. Regular Council Meeting January 11, 2010 Page 6 21. Consider and approve and future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Council Member Rogers said that the Texas Elected Official Conference was February 12-14 in E1Paso, Texas. 22. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member McGarthy. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 7:21 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK , 1.1f`12 1