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05-Council minutes from the meeting of 04/12/2010CITY COUNCIL AGENDA ITEM BRIEFING S EET Submittal Date: 04/ 15/2010 Council Date: 04/26/2010 Originating Department: City Clerk Presented By: Janice Ellis Age 5• da Item No.: RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE(S): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meeting of April 12, 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 E City Clerk ❑ Communiry Development ❑ EMS/IT ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Work ❑ Fi ❑ U nce ❑ Fire ilities City of Paris 1 1 Revised 2/04/08 MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS April 12, 2010 The City Council of the City of Paris met for a regular session at 5:31 April 12, 2010, at the City Council Chamber, 107 E. Kaufrnan, Paris, Texas. Present: Mayor: Jesse James Freelen Council Meinbers: Joe McCarthy; Kevin Kear; S Pickle; and Rhonda Rogers City Staff: Kevin Carruth, Ciry Manager; KE Attorney; Janice Ellis, City Clerk City Engineer; Bob Hundley, Pol Grooms, Fire Chief; Gene Ander Director; Steven McFadden, Inte Director; Tom Hunt, Municipal J Klinkerman, EMS Director Absent: Council Member Will Biard Openinp- Ap-enda l. Call meeting to order. Mayor Freelen called the meeting to order at 5:35 p.m. 2. Invocation. Pastar Van Lazaroff gave the invocation. 3. Pledge of Allegiance. Council Member Rogers led the pledge. 4. Citizens' forum. Jean Schweers, 5005 Old Clarksville Road - she spoke in curfew ordinance, because she home schools her children. Mary Campbell, 2552 Clark Lane - she spoke in support of 1 ardinance, citing a decrease of juvenile disturbances and property crimes. ► p.m 1 Monday, 3ro*n; Edwin ZcI ar, City aw Napier, :hi f; Ronni e Fi nce 'ub ic Works a d Kent , of e juvenile juve ile curfew 2 Reg lar Cou cil Meeting A ril 12, 2010 Page 2 Mike Womack, 1610 FM 1500, Sumner - he asked that the City C uncil clare next month as Motorcycle Safety Awareness month. He also asked that the City urchas "share the road" signs. John Petersen, 7810 Clark Lane - he said that the enforcement of Iles and was not administered fairly. Consent Azenda Mayor Freelen inquired of Council Members if they wished to pull ny ite s from the Consent Agenda for discussion. Council Member McCarthy asked that the B ilding and Standards Commission minutes of January 20, 2010 be corrected by havin Chris rown sign the minutes, because Bill Harris was not present at the meeting. Subject to the Building and Standards Commission minutes being correct , Council Member Brown inade a Motion to approve the Consent Agenda and Cou il M ber Pickle seconded the Motion. The Council voted six (6) for and none (0) opposed to approv and adopt Consent Agenda ltems 5 and 6. 5. Deliberate and act on the approval of minutes from the meetings on tarch 2, 2010 and Apri 15, 2010. 6. Receive and deliberate on reports and/or minutes from the followi g boards, commissions, and committees: a. Building and Standards Commission minutes (1-20-2010) b. Traffic Commission minutes (2-2-2010) c. Airport Advisory Board ininutes (I 1-19-2009; 1-21-2010) d. Paris Historic Preservation Commission minutes (3-10-2010) e. Planning and Zoning Commission minutes (3-1-2010) Resular Asenda 7. Hear and deliberate on Paris Economic Development Corporation qua erly re ort. PEDC Executive Director Steve Gilbert presented City Council the Hear and deliberate on presentation of Community Planning Project. Bill Bancroft of Conbrio outlined the project goals and answered que tions frm the City Council. Several Council Members said they wanted references prior to m ving f rward with engaging the services of Conbrio. 3 Reg lar Cou cil Meeting A ril 12, 2010 Page 3 9. Second public hearing, second reading, deliberate and act on ORDIT, ANCE O. 2010- 012: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY O PARI , TEXAS, READOPTING ARTICLE III CURFEW REGULATIONS FOR CHIL REN OF CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY O PARI , TEXAS, REVISING CERTAIN LAW ENFORCEMENT PROCEDURES PPLI BLE TO THE CURFEW ORDINANCE AND MAKING OTHER INDIN S AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALE CLAUSE, SEVERABILITY CLAUSE, SAVINGS CLAUSE; AND PROVIDIN AN E FECTIVE DATE. Mayor Freelen opened the public hearing and asked for anyone 'shing speak in support or opposition of this item, to please come forward. No one spoke at the pu ic hearing. Mayor Freelen closed the public hearing. Kevin Carruth addressed Ms. Sc weer's oncern, in that there is an affirmative defense in the ordinance for home schoolers. A Motion to approve this item was made by Council Member Pickl~ and s~conded by Council Member Brown. Motion carried, 6 ayes - 0 nays. 10. Hear and deliberate on independent audit of the city's financial Tom Hensel of McClanahan and Holmes and Finance Director Gene ~nders~~ answered questions from the City Council. 11. Deliberate and act on the Master Plat and the Preliminary Plat of Lots 1-3, BI ck A; Lots 1-6, Block B; Lots 104, Block C, Robinson Addition 318, located in the 200 Block Loop 286 N.E. A Motion to approve this item was made by Council Member Roge s and conded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. 12. First reading, deliberate and possibly act on ORDINANCE N. 2010 013: AN ORDINANCE OF THE CITY OF PARIS, TEXAS, DECLARI G OPPOSED CANDIDATES IN CITY COUNCIL DISTRICTS 1 AND 3 FOR HE M Y 8, 2010, GENERAL ELECTION BE ELECTED TO OFFICE; DETERM 1NG HAT NO ELECTION BE HELD IN DISTRICTS l AND 3; DIRECTING T AT A COPY OF THIS ORDINANCE BE POSTED AT APPROPRIATE PO LING PLACES; DIRECTING THAT CERTIFICATES OF ELECTION BE I SUED TO THE UNOPPOSED CANDIDATES MAKING OTHER FINDINGS A D P VISIONS RELATED TO THE SUBJECT; PROVIDING A REPEAL R C AUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND ROVI ING AN EFFECTNE DATE. A Motion to invoke the super majority rule was made by Council M~ber M~Carthy and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays. . 4 A Motion to approve this item was made by Council Member Council Member Rogers. Motion carried, 6 ayes - 0 nays. Reg lar Cou cil Meeting A ril 12, 2010 Page 4 arty and s conded by 13. First reading, deliberate, and possibly act on ORDINANCE NC ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AMENDING THE TRAFFIC CONTROL MAP ADOPTED IN SEC" THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS A STOP SIGN ON 17TH STREET SW AT WEST KAUFMAN SZ NORTH- AND SOUTH-BOUND TRAFFIC; MAKING OTHER PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REF A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALT PROVIDING AN EFFEGTIVE DATE. 2010 14: AN PARI TEXAS, ION 3 65(b), OF ESTA LISHING ZEET TOPPING FINDI GS AND HEALE CLAUSE, ( CLA SE; AND A Motion to invoke the super majority rule was made by Council ~ember seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. A Motion to approve this item was made by Council Member McCartl~y and Council Member Brown. Motion carried, 6 ayes - 0 nays. 14. First reading, deliberate, and possibly act on ORDINANCE N. 201( ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PAR] ESTABLISHING MAXIMUM, REASONABLE AND PRUDENT TES ON FM 1507 (JEFFERSON ROAD AND EVERGREEN) FROM IT BEG. THE INTERSECTION WITH SH 19/24 TO ITS INTERSECTIO WI7 WHICH INCLUDES THE LOCATIONS OF THE NEW PARIS HI H SC] THE OLD PARIS H1GH SCHOOL IN THE CITY OF PARIS, TEX S; PRI REPEALER CLAUSE; A SEVERABILITY CLAUSE, A SAVI GS C PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A Motion to invoke the super majority rule was made by Council M seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. A Motion to approve this item was made by Council Member McCart ~y and Council Member Rogers. Motion carried, 6 ayes - 0 nays. 15. First reading, deliberate, and possibly act on ORDINANCE N. 201( ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARI AMENDING THE TRAFFIC CONTROL MAP ADOPTED IN SEC ION : THE CODE OF ORDINANCES OF THE CITY OF PARIS, TE S; A THE PLACEMENT OF A SIGNAL LIGHT AND PEDESTRIAN ROS'k 33RD STREET SE AND LAMAR AVENUE; MAKING 4THER FIND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A RE EALE A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENAL CL~ PROVIDING AN EFFECTIVE DATE. and by 15: AN TEXAS, F SPEED NING AT FM 905, >OL AND 'IDING A AUSE, A and by )16: AN TEXAS, -65(b) OF 'ROVING JALK AT (GS AND CLAUSE, 1SE; AND 5 Reg lar Cou cil Meeting A ril 12, 2010 Page 5 A Motion to invoke the super majority rule was made by Council ember ogers and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. A Motion to approve this item was made by Council Member McCarty and s conded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. 16. Deliberate and act on RESOLUTION NO. 2010-046: A RESOLUTI N OF HE CITY COUNCIL OF THE C1TY OF PARIS, TEXAS, ACCEPTING TH PRO SAL OF WHITAKER HOMES TO CONSTRUCT UP TO FIVE NEW INGL FAMILY HOMES IN THE CITY OF PARIS, TEXAS, UNDER THE TEXA DEP RTMENT OF HOUSING AND COMMUNITY AFFAIRS HOME O ER- CCUPIED PROGRAM GRANT CONTRACT NO. 1001053; MAKING OTHE FIND GS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARINAN E FECTIVE DATE. Kevin Carruth read the names of the recipients as follows: Patric a Dyer Katherine Hughes, Dessie Nickerson, Helen Woods and Paula McHenry. A Motion to approve this item was made by Council Member Ke and s conded by Council Member Brown. Motion carried 6 ayes-0 nays. 17. Deliberate and act on RESOLUTION NO. 2010-047: A RESOLUTI N OF HE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING T E SU MISSION OF A HOME PROGRAM APPLICATION TO THE TEXAS D PART ENT OF HOUSING AND COMMUNITY AFFAIRS FOR HOME FUND ; DES NATING THE AMOUNT OF MATCHING FUNDS AND CASH RESERVE ; AUT ORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS N CESS RY FOR ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UPO NOTICE THEREOF; MAKING OTHER FINDINGS AND PROVISIONS R LATE TO THE SUBJECT; AND PROVIDING AN EFFEGTIVE DATE. A Motion to approve this item was made by Council Member Rogels and s~conded by Council Member Kear. Motion carried, 6 ayes - 0 nays. 18. Deliberate and act on RESOLUTION NO. 2010-048: A RESOLUTI N OF HE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AN ACC ETING A PROPOSAL FOR ARCHITECTURAL SERVICES FROM DENN Y AR 7HITECTS FOR BYWATERS PARK PERISTYLE IMPROVEMENTS; AKIN OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; ND D CLARING AN EFFECTIVE DATE. A Motion to approve this itein was made by Council Member Pi Council Member McCarthy. Motion carried, 6 ayes - 0 nays. and by . 6 ar Cou cil Meeting A ril 12, 2010 Page 6 19. Deliberate and act on A RESOLUTION OF THE CITY COLJNCIL F TH CITY OF PARIS, TEXAS, APPOINTING MEMBERS TO VARIOUS CITY 0 PARI BOARDS AND COMMISSIONS, IN ACCORDANCE WITH POLICIES A PR EDURES FOR STANDING BOARDS, COMMISSIONS AND COMMITEES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJ T; AND PROVIDING AN EFFECTIVE DATE. Kevin Carruth told Council that staff had only received 10 applic tions and recommended postponing appointments until the April 26th Council meeting o allo mare time to receive applications. Council Member Brown agreed with staff. Council ember ogers said she would like to know how many of the current committee members whose rms w re expiring would like to serve another term. Council Member Pickle said he thought the shoul not fill the vacancies until the new Council was seated. Mayor Freelen disagreed. He s id the w Council Members would be in a learning process. Mayor Freelen asked staff to br ng this tem to the next Council meeting, along with a new item to address the possibility of c anging the date of the appointments. A Motion to table this item was made by Council Member Bro~ and s~conded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. 20. Deliberate and act on administration of building permit and plan Council Member Brown stated that Bureau Veritas was doing a gr at job d that the Council should take its time to evaluate the need to make any changes Seve al Council Members expressed an interest in reviewing the fees, increasing fees and ch rging es for plan review services. Shawn Napier said once the Building and Fire Review C de Co mittee was completed with their work, that he would get with the Fire Chief and woul hope t be able to supply information to the City Council prior to June 1 st. A Motion to table this item was made by Council Member Brow~ and s~conded by Council Member Kear. Motion carried, 6 ayes - 0 nays. il, boards, 21. Deliberate and possibly act on adoption of a code of ethics for Ci~y CouIc commissions and committees. May or Freelen, Council Member Rogers and Council Member McC hy, al agreed that this was the right thing to do and was needed. Council Member Pickle differ d in op ion. A Motion to table this item to the next meeting was made by Council Membei- Brown. A Motion to proceed to develop a code of ethics was made by Council Member ogers. Staff recommended a workshop prior to the next meeting. A Motion to table this item and schedule a workshop was made Cou il Member Brown and seconded by Council Member McCarthy. Motion carried, 6 ayesy 0 nay . ~ ar Cou cil Meeting A ril 12, 2010 Page 7 Council tentatively scheduled the workshop for Thursday, April 22n~, pendi~g Council Member Pickle contacting Kevin Carruth with his schedule. 22. Hear and deliberate on report of update on residential demolition. Shawn Napier reported that 253 residences and two apartment co plexe had been demolished since late 2006 for a total cost of $1,353,220.61. He also noted t at the i ventory of unoccupied substandard houses was approximately 15 and future demoli ions y involve occupied houses. 23. Consider and approve and future events for City Council and/or Cit~ Staff ~ursuant to Resolution No. 2004-081. Kevin Carruth told everyone that the unveiling of the Bass Reeve stat e woul take place at the courthouse on Wednesday, April 21'`. Council Member Rogers said here w s a ribbon cutting at the Chamber at 10:00 a.m. on Tuesday for an air conditioning com any anil a live @5 event on April 15`h at Ivan Smith Furniture. 24. Convene into Executive Session a. Pursuant to Section 551.074 of the Texas Government Cod to de 'berate the appointment, employment, evaluation, reassignment, duti s, dis ipline, or dismissal of a public officer or employee as follows: Annu 1 evalu ion of the Municipal Court Judge. b. Pursuant to Section 551.072 of the Texas Government Cod~ ta deberate the purchase, exchange, lease, or value of real property. After a brief recess, Mayor Freelen convened Council into executive s~ssion a# 7:59 p.m. 25. Reconvene into open session to possibly deliberate and act on those Tatters Iiscussed in Executive Session. Mayor Freelen reconvened Council into open session at 8:33 p.m. add said, rith regard to item 24.a. that the Judge would be with the City for another year. 26. Adjournment. There being no further business, a Motion to adjourn was made by 8 lar Cou cil Meeting A ril 12, 2010 Page 8 Pickle and was seconded by Council Member Brown. Motion carried, 6 a~es - 0~ays. The meeting was adjourned at 8:33 p.m. JESSE JAMES FREE JANIGE ELLIS, CITY CLERK 1, MA 9