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06-Approval of minutes of meeting 05-09-2011 CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 05/17/2011 Council Date: City Clerk Janice Ellis 6. 05/23/2011 RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUES): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meeting of May 9, 2011. 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 YTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ® Administration ® City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 A MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS May 9, 2011 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, May 9, 2011, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Will Biard Council Members: Joe McCarthy; John Wright; Stephen Brown; Edwin Pickle; and Rhonda Rogers City Staff: Gene Anderson, Interim City Manager/Finance Director; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Bob Hundley, Police Chief; Shawn Napier, City Engineer; Ronnie Grooms, Fire Chief; and Ron Sullivan, Public Works Director Absent: Council Members: Jason Rogers Opening Agenda 1. Call meeting to order. Mayor Biard called the meeting to order at 5:35 p.m. 2. Invocation. Pastor Rusty Hedges gave the invocation. 3. Pledge of Allegiance. Council Member McCarthy led the pledge. 4. Citizens' forum. Main Street Manager Cheri Bedford announced that May was Historic Preservation Month and invited everyone to attend Celebrate American Treasures on Saturday, May 21 at 10:00 a.m. to take place downtown. 5. Public Announcements. a. Proclamation declaring the month of May as Historic Preservation Month. - 5 Regular Council Meeting May 9, 2011 Page 2 Mayor Biard declared the month of May as Historic Preservation Month and presented Main Street Manager Cheri Bedford with a Proclamation. Consent Ap-enda Mayor Biard inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. There were none. A Motion to approve the Consent Agenda was made by Council Member Pickle and seconded by Council Member Brown. The Council voted six (6) for and none (0) opposed to approve and adopt Consent Agenda Items 6 and 7. 6. Deliberate and act on the approval of minutes from the meeting on April 25, 2011. 7. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Paris Economic Development Corporation minutes (3-29-2011) Regular Agenda 8. Second reading, deliberate and act on ORDINANCE NO. 2011-008: 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 IT PERTAINS TO AN AREA BOUNDED BY 6TH STREET SE, CHURCH STREET, PARIS BLVD AND THE UNION PACIFIC RAILROAD AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Mayor Biard asked for a motion to recuse himself on items 7 and 8. A Motion to recuse Mayor Biard was made by Council Member McCarthy and seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. A Motion to approve this item was made by Council Member Rhonda Rogers and seconded by Council Member Brown. Motion carried, 5 ayes - 0 nays. 9. Second reading, deliberate and possibly act on ORDINANCE NO. 2011-009: 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 2, BLOCK 1; LOT 1, BLOCK 2; LOTS I AND 2, BLOCK 3; LOTS 4-9, BLOCK 6; LOTS 1-10, BLOCK 7; LOTS I-11; BLOCK 8, LOTS 7-12, BLOCK 9, TEXAS & PACIFIC ADDITION; AND LOTS 3 AND 4, BLOCK 162, CITY OF PARIS, LAMAR COUNTY, TEXAS FROM A Regular Council Meeting May 9, 2011 Page 3 LIGHT INDUSTRIAL DISTRICT (LI), TO A HEAVY INDUSTRIAL DISTRICT (HI); AND TO REZONE LOTS 1-12, BLOCK 10; LOTS 1-12, BLOCK l l ; LOTS 12, BLOCK 12; AND LOTS 1-12 BLOCK 13, TEXAS & PACIFIC ADDITION, PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) TO A HEAVY INDUSTRIAL DISTRICT (HI), SAID PROPERTY GENERALLY LOCATED BETWEEN SOUTH CHURCH STREET, SIXTH STREET SE, PARIS BOULEVARD AND UNION PACIFIC RAILROAD CITY OF PARIS, LAMAR COUNTY, TEXAS; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; 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 Wright and seconded by Council Member Pickle. Motion carried, 5 ayes - 0 nays. A Motion to return Mayor Biard to the meeting was made by Council Member Brown and seconded by Council Member Rhonda Rogers. Motion carried, 5 ayes - 0 nays. 10. Deliberate and act on the Re-plat of Lots 1-10, Block 25, and Lots 1-1-, Block 30, Clement Fairview Addition, located in the 200 Block of Clement Road. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Rhonda Rogers. Motion carried, 6 ayes - 0 nays. 11. Deliberate and act on the Master Plat, the Preliminary Plat, and the Final Plat of Lot 1, Block A, Rick 250 Addition #1, located in the 300 Block of Loop 286 N.E. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Wright. Motion carried, 6 ayes - 0 nays. 12. Deliberate and act on ORDINANCE NO. 2011-010: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; AMENDING SECTION 3-5, CHAPTER 3 ALCOHOLIC BEVERAGES OF THE CODE OF ORDINANCES OF THE CITY OF PARIS TO ALLOW THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT THE LOVE CIVIC CENTER AND THE RED RIVER VALLEY FAIRGROUNDS WITH APPROPRIATE TABC PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Biard said it was his understanding that at the last meeting, there was a lengthy discussion about this item. He further said he understood that it was a consensus of the Council not to allow alcohol in parks. Council Members McCarthy and Brown both said they opposed any alcohol at parks. City Council discussed options of allowing the sale and consumption of alcoholic beverages at the Civic Center and the Fairgrounds. Council Members Wright and 7 Regular Council Meeting May 9, 2011 Page 4 Brown opposed the sale and consumption of alcohol at either facility, citing that families and children frequent these places. A Motion to approve this item was made by Mayor Biard and seconded by Council Member Pickle. Motion carried, 4 ayes - 2 nays, with Council Members Wright and Brown casting the dissenting votes. 13. Second reading, deliberate and act on ORDINANCE NO. 2011-011: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADDING A NEW CHAPTER 35, WRECKER, TOWING, AND STORAGE FACILITIES TO THE CODE OF ORDINANCES OF THE CITY OF PARIS, REGULATING PROCEDURES AND POLICIES PERTAINING TO THE OPERATION OF WRECKER, TOWING, AND STORAGE FACILITIES IN THE CITY OF PARIS, TEXAS; MAKING THIS ORDINANCE CUMULATIVE OF STATE AND FEDERAL LAWS; 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. A Motion to bring this item from the table was made by Council Member Pickle and seconded by Council Member Rhonda Rogers. Motion carried, 6 ayes - 0 nays. Chief Hundley said that he and Council Member Pickle had a meeting with the "on-call" wrecker companies and it was a consensus to allow the wrecker companies to set fee schedules according to the Texas Department of Licensing and Regulation. Mayor Biard said he thought that the City should set the rate when the City initiates the call. Council Member Rhonda Rogers agreed. It was a consensus of Council to allow local services companies to post their tow fees on the TDLR website for non-consent to incident management tows. Mayor Biard said that he would like for the City of Paris to be added as an additional insured on the wrecker companies' insurance. It was a consensus of City Council to add the insurance requirement to this ordinance. A Motion to approve this item was made by Council Member Rhonda Rogers and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. 14. Deliberate and possibly act on RESOLUTION NO. 2011-040: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING THE AIRPORT MASTER PLAN FOR COX FIELD AS SUBMITTED BY COFFMAN ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS RELATED THERETO, AND AUTHORIZING PAYMENT OF $18,725.00 TO COFFMAN & ASSOCIATES AS THE CITY'S PORTION OF THE FINAL PAYMENT FOR THE AIRPORT MASTER PLAN; 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 McCarthy. Motion carried, 6 ayes - 0 nays. 8 Regular Council Meeting May 9, 2011 Page 5 15. Deliberate and act on RESOLUTION NO. 2011-041: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING CHANGE ORDER NO. ONE TO THE CONTRACT BETWEEN R. K. HALL CONSTRUCTION AND THE CITY OF PARIS, FOR THE SOUTH COLLEGIATE DRIVE RECONSTRUCTION - SOUTH LOOP 286 TO BIG SANDY CREEK PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Engineer Shawn Napier explained that the change order included installation of a fire hydrant extension in the amount of $260.00, the removal of 797.3 square yards of concrete with a cost of $7,973.30, and the addition of 90 calendar days to the project due to delays in easement acquisitions. Mr. Napier said the new completion date is proposed to be July 27, 2011. He recommended approving the change order in the amount of $8,233.30 making the new contract amount $1,473,973.70. 16. Deliberate and act on RESOLUTION NO. 2011-042: A RESOLUTION OF THE CITY COUNCIL OF THE PARIS, TEXAS, APPOINTING MEMBERS TO VARIOUS CITY OF PARIS BOARDS AND COMMISSIONS, IN ACCORDANCE WITH POLICIES AND PROCEDURES FOR STANDING BOARDS, COMMISSIONS AND COMMITTEES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Assistant Chief Randy Tuttle said the Traffic Commission was short two positions and that they had to cancel several meetings for lack of a quorum. City Engineer Shawn Napier said that the Boards of Adjustments had three vacancies, the Building and Standards had one vacancy and the Main Street Board had one vacancy and that several of these Boards had to cancel meetings for lack of a quorum. Council Member Wright recommended that they not make appointments until the new Council was seated. Council Member Rhonda Rogers agreed and referenced the policies and procedures for board appointments. City Clerk Janice Ellis said some of these boards were not advisory and referred matters to the City Council. Ms. Ellis also said without quorums on these boards, the City would not be able to conduct business in a timely manner. A Motion to appoint George Kimbrough to the Traffic Commission and Bryan Glass to the Board of Adjustments was made by Council Member Brown and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. 17. Deliberate and act on a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE GROUNDS SUBLEASE BETWEEN THE RED RIVER VALLEY FAIR ASSOCIATION AND THE PARIS RODEO AND HORSE CLUB; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Regular Council Meeting May 9, 2011 Page 6 Mayor Biard said that City Attorney Kent McIlyar advised him that there was an updated survey that Council had not seen. Mayor Biard said they could act on the item tonight, subject to Kent's approval of the survey and they could bring it back to a future meeting. Mayor Biard said the property had not been re-surveyed in many years. Kent McIlyar said the Lease Agreement presented by Red River Valley Fair Association did not contain a survey, but some type of legal description. Mr. McIlyar said the property description appeared be incorrect, so he referred it to the Engineer Department. He said after review by the Engineering Department, it was determined that the description included part of Clement Road, and the City of course did not want to lease out part of Clement Road as part of the sublease agreement. Mr. McIlyar said that a new survey had been completed and that the Fair Association would need to change their sublease agreement to attach the correct field notes. A Motion to table this item was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. 18. Deliberate and act on RESOLUTION NO. 2011-043: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING A CONTRACT TO TOTAL ABATEMENT SYSTEMS, CORPORATION FOR THE GRAND THEATER HAZARDOUS MATERIALS REMEDIATION PHASE I PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Shawn Napier said that the City was awarded a $200,000 EPA Brownfield Grant to clean up the Grand Theater and that the City's match for the grant was $40,000. Mr. Napier said Phase I cleanup would encompass the fagade, entry area, sloped hallway and the second floor above the sloped hallway. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. 19. Deliberate and provide direction to City staff pertaining to establishment of non- residential trash and waste collection within the city limits. Mayor Biard said every Thursday for the last eighteen months at 4:30 a.m. his family was awaken by trash trucks. He said that 4:30 a.m. was too early to pick up trash, because it affects residential areas. He said he understood the need for the trucks to get in the areas when vehicles were not blocking dumpsters. Sanitation Solutions owner Josh Bray asked that a map be developed reflecting the residential areas. Mayor Biard said that City staff would develop one. It was a consensus of City Council to bring this item back to a future meeting. 10 Regular Council Meeting May 9, 2011 Page 7 20. Deliberate and provide direction to City staff on amending the Code of Ordinances to allow the police department to ticket, tow, and impound any vehicle that is not covered under automobile liability insurance. Council Member Pickle said during their discussion with wrecker companies, they realized that the City of Paris did not have an ordinance that would allow the police department to ticket, tow, and impound vehicles not covered under liability insurance. Chief Hundley said that the City of Dallas had recently passed a similar Ordinance. 21. Deliberate and provide direction to City staff on the creation of a new Parks and Recreation Board. Council Member Rhonda Rogers recommended that a Parks and Recreation Advisory Board be formed to help promote parks and recreation throughout the community. Council Member Wright agreed with Council Member Rhonda Rogers. City Manager Gene Anderson said that he had spoken with Earl Erickson and asked that Council give City staff time to put something together and bring back at a later date. Council Member Rhonda Rogers said she would also like to work on this and Council Member Pickle asked that Main Street Director Cheri Bedford be included. 22. Convene into Executive Session 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 conflicts with this chapter. Mayor Biard said that an executive session was not necessary. 23. Reconvene into open. City Council did not have an executive session. 24. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Not events were referenced. 25. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Mayor Biard. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 6:36 p.m. Regular Council Meeting May 9, 2011 Page 8 WILL BIARD, MAYOR JANICE ELLIS, CITY CLERK