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05-Approval of Council Minutes from 02/22/2010CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 03/03/2010 Council Date: 03/08/2010 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 February 22, 2010. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meeting ACTION: BUDGET INFO: ❑ Financial Report ~ 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: ~ Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Finance ❑ Fite ❑ Utilities City of Paris Revised 2/04/08 000n"I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS February 22, 2010 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, February 22, 2010, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Joe McCarthy, Kevin Kear; Stephen Brown; Will Biard; Edwin Pickle; and Rhonda Rogers City Staff: Kevin Carruth, City Manager; Kent 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 5:35 p.m. 2. Invocation. Alan Hubbard gave the invocation. 3. Pledge of Allegiance. Council Member Biard led the pledge. 4. Citizens' forum. Don Holladay, 3935 Oleander - he asked that the City Manager's contract not be extended. Dr. Geoffrey Grubbs, 295 Johnson Woods Drive - he said that it was better to have continuity than to continue to bring people to Paris and then turn them out. Regular Council Meeting February 22, 2010 Page 2 Consent A2enda Mayor Freelen inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Council Members Pickle and Brown asked questions of Finance Director Gene Anderson regarding the January monthly financial report. Council Member Brown 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, and 7. 5. Deliberate and act on the approval of minutes from the meeting on February 8, 2010. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and corrunittees: a. Paris Econornic Development Corporation Board Meeting minutes (1-13-2009, 2- 10-2009, 3-16-2009, 4-14-2009, 5-12-2009, 6-9-2009, 7-9-2009, 8-3-2009, 8-14- 2009, 9-8-2009, 10-13-2009, 10-31-2009, 11-10-2009, 12-8-2009, 1-12-2010, and 1-28-2010) b. Building and Standards Gommission ininutes (10-19-2009) c. Historic Preservation Commission (1-13-2010) d. Fire and Building Code Review Committee (1-26-2010) 7. Deliberate on January monthly financial report. Regular A2enda 8. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2010-008: 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 1, BLOCK A, PARIS DTP II, LLC ADDITION, LOCATED IN THE 2300 BLOCK OF NORTH MAIN STREET, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE-FAMILY DWELLING DISTRICT NO. 2(SF-2) 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 anyone wishing to speak in support of this item, to please come forward. Mark Ellis of Anthony & Associates 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. Regular Council Meeting February 22, 2010 Page 3 A Motion to invoke the super majority rule was made by Council Member Brown and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays. Council Member McCarthy arrived to the meeting at 6:55 p.m. Council Member Rogers expressed concern about the request for a decrease in parking spaces. City Engineer Shawn Napier explained that staff opposed the variance requesting less parking spaces and that it had been sent to the Board of Adjustment for their consideration. A Motion to approve this item was made by Council Member Rogers and seconded by Council Member Biard. Motion carried, 7 ayes - 0 nays. 9. Public hearing, first reading, and possibly act on AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE TITLE OF CHAPTER 22 OF THE CITY CODE OF ORDINANCES TO "HUD-CODE MANUFACTURED HOMES/PARKS AND SPECIAL VEHICLES;" REPEALING AND REPLACING ARTICLES 1 AND III OF CHAFTER 22 OF THE CODE OF ORDINANCES; AMENDING DEFINITIONS AND ADDING NEW REGULATIONS REQUIRING PERMITS FOR CONSTRUCTING, TRANSPORTING OR INSTALLING HUD-CODE MANUFACTURED HOMES AND REQUIRING SITE PLAN APPROVAL AND A LICENSE FROM THE BUILDING OFFICIAL TO DEVELOP A HUD-CODE MANUFACTURED HOME PARK IN THE CITY OF PARIS, TEXAS; RECOGNZING NON-CONFORMING USE STATUS OF EXISTING MOBILE HOME PARKS IN THE CITY OF PARIS; AMENDING SECTION 8 OF ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS PREVIOUSLY AMENDED, TO CHANGE THE TERMS MOBILE HOME AND MOBILE HOME PARK TO HUD-CODE MANUFACTURED HOME AND HUD- CODE MANUFACTURED HOME PARK; AMENDING SECTION 8-101 AND SECTION 12-100(39) OF THE CITY ZONING ORDINANCE TO ALLOW A HUD- CODE MANUFACTURED HOME IN ONE-FAMILY DWELLING DISTRICT NO. 3(SF-3) BY SPECIFIC USE PERMIT ONLY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; FROVIDING 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 anyone wishing to speak in support of this item, to please come forward. No one spoke in support of this item. Mayor Freelen asked anyone wishing to speak in opposition of this item, to please coine forward. With no one speaking, Mayor Freelen closed the public hearing. Shawn Napier told City Council that staff had made changes to the Ordinance and that the current process for permitting a HUD Code Manufactured Home will remain in place and that all existing parks would not be required to comply with the proposed ordinance for a 10-year period. Mr. Napier also said that existing homes would be pennitted as an existing use, subject to compliance with Section 22-3-Pennits; that a skirting requirement had been added; and that ~ Regular Council Meeting February 22, 2010 Page 4 sections of the Zoning Ordinance had been removed to delete all references to mobile homes. Mr. Napier said he had reviewed the Ordinance earlier that day and wanted to make additional changes as follows: Page 3- License - that the written license will be issued by the Building Official Page 5- Application Requirements -(b)(2) after the word park, insert the word lot Page 6- Section 22-3(e) - should read the City Manager or his designee Page 6- Section 224(a) - third line, after the word controlled - the word "by" should be inserted. Also, existing parks will be required to have a license; however, will remain as a non- conforming park. License will expire December 15`h of each year instead of December 31 S` of each year. Page 13 - Section 22-44 (c) - Skirting shall apply to all existing and new HUD Code Manufactured Homes. Page I S- Section 22-45 (4)(H) - Lighting - lighting will be required for all existing and new HUD Code Manufactured Home Farks. Electrical fees will be paid by the park owner. Page 15 - Section 22-47 (1) - a single water meter will be required for all HUD Code Manufactured Home Parks. Page 16 - Section 22-50 - Enrollment in a valid garbage collection service will be re9uired for all existing and new HUD Code Manufactured Home Parks. Page 16 - Section 22-51 - Maintenance will be required for all existing and new HUD Code Manufactured Home Parks. Page 17 - Section 22-52 - Confonnance to Codes will be required for all existing and new HUD Code Manufactured Home Parks, as well as individual HUD Code Manufactured Hoines located in SF-3 zoning with a specific use permit. Page 17 - Section 22-53 - All existing and new HUD Code Manufactured Home Parks will be required to have a licensed property manager on the premises. Page 17 - Section 22-53 (4) - the park operator shall submit the park register to the Building Official each by December l 5'h. After the word "tax assessor" add the words "and the City of Paris." Page 17 - Section 22-55 - current paragraph wi11 remain. Existing HUD Code Manufactured Home Parks will not be grandfathered in under the above-referenced sections of the Code. In addition, language to be addecl reflecting that existing parks will be limited to existed travel trailers in their parks - when one travel trailer is removed, it shall not be replaced by another travel trailer. HUD Code Manufactured Home Parks will be required to notify the City of Paris by December 15, 2010, of the number of travel trailers they have in their park at that time. Council Member Rogers said that she would like to review the Ordinance once the changes were made. Mr. Napier said this was a first reading and that it would be brought back to Council on March g`h 10. First reading, deliberate and possibly act of ORDINANCE NO. 2010-009: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PAR1S, TEXAS, AMENDING THE TRAFFIC CONTROL MAP ADOPTED IN SECTION 31-65 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; ESTABLISHING - 0ON111'J Regular Council Meeting February 22, 2010 Page 5 A NO PARKING AREA ON THE EAST STDE OF STILLHOUSE ROAD INTHE 2300 BLOCK; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PR(?VIDING FOR AN EFFECTIVE DATE. A Motion to invoke the super majority rule was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. Chief Hundley said that the hours needed to be deleted from the ordinance, because it was a regular no parking zone. Subject to the changes being made, a Motion to approve this item was made by Council Member Kear and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. 11. Deliberate and act on RESOLUTION NO. 2010-024: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF PARIS AND STEVE COKER TO MANAGER, INSTRUCT AND COORDINATE THE SOFTBALL PROGRAM FOR THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Council Member Rogers expressed concern over the decrease in the number of teams that were playing in the ]eagues. Ms. Rogers said last year that Council had discussed bidding the program out. Council Member Brown said that Mr. Coker was a former baseball coach and had done a good job. Council Member Rogers questioned Mr. Coker as to the decrease. Mr. Coker said the number had increased from last year. Mayor Freelen asked Mr. Coker if he could supply the City Council with records of the number of teams that have played over the last several years and Mr. Coker answered in the affirmative. A Motion to approve this item was made by Council Member Brown and seconded by Council Member Biard. Motion carried, 6 ayes - 1 nay, with Council Member Rogers casting the dissenting vote. 12. Deliberate and act on RESOLUTION NO. 2010-025: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AN APPLICATION TO THE GOVERNOR'S OFFICE, CRIMINAL JUSTICE DIVISION FOR FUNDING FOR THE LAMAR COUNTY FELONY CRIMES UNIT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Meinber McCarthy and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. Regular Council Meeting February 22, 2010 Page 6 Shawn Napier said that South Collegiate Drive was on schedule for letting bids in April and should be under construction by the end of June. He also said that TXDOT's letting schedule for Jefferson Road was the same month as the City's, with construction scheduled to begin in July. Mr. Napier said this project was being funded through a certificate of obligation. Mr. Napier said the next step in the Stillhouse Road project is to contract with an engineering firmm to do the plans and specifications for phase I and possibly phase II of the project. He also stated that the estimated $65,174 for the project did not include consulting engineer fees of approximately $25,000, which would bring the total to around $90,000. Mr. Napier said that the projects were not budgeted and had been proposed to funded out of reserves. City Council asked Mr. Napier to continue to provide them with updates. Mr. Napier said he hoped to have a contract to Council in May. 14. 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. A Motion to table this item until the first meeting in April was made by Council Member Brown and seconded by Council Member Kear. Kevin Carruth asked for discussion. Council Member Brown said that Bureau Veritas was scheduled for the next meeting and he wanted to settle that issue prior to discussing this item. Mayor Freelen said he did not see a connection between the two. Council Member Pickle asked if they decided not to extend the Manager's employment agreement, would they still be voting on his employment. Mayor Freelen said the contract expires in August. Council Member Brown said that is why he wanted to table this matter until the Bureau Veritas issues were settled. Mr. Carruth said Bureau Veritas is a Council decision and he will be presenting to them to different options next month. A Motion to go into executive session was made by Council Member McCarthy and seconded by Council Member Biard. Motion carried, 7 ayes - 0 nays. Mayor Freelen convened City Council into executive session at 7:12 p.m. 15. Reconvene into open session to possibly deliberate and act on the extension of the City Manager's employment agreement. Mayor Freelen reconvened City Council into open session at 8:40 p.m. A Motion to amend the employment agreement for an extension from 18 months to 12 months was made by Council Member Kear and seconded by Council Member McCarthy. ~ ~U~i~~' i Regular Council Meeting February 22, 2010 Page 7 Motion carried, 5 ayes - 2 nays, with Council Members Biard and Pickle casting the dissenting votes. 16. Consider and approve and future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Council Member Pickle invited everyone to attend the Lamar County Coalition Kick-off Kids Marathon on March 1, beginning at 5:30 p.m. at Dragon Park. 17. Adjournment. There being no further business, a Motion to adjourn was made by Council Member McCarthy and was seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. The meeting was adjourned at 8:42 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK ;`''J