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05-Minutes from the meeting on June 11, 2011CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 07/06/2011 Council Date: 07/11/2011 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 June 27, 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 ❑ P H bli y'I'D Actual $ u c earing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: * Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Municipal Court ❑ Legal ❑ Libtary ❑ Police ❑ Eng./Public Works ❑ Finance ❑ Fire ❑ Utilities City of Paris 1 Revised 2/04/08 _ V y MINUTES OF THE REGULAR CITY COUNCIL MEETING 4F THE CITY OF PARIS, TEXAS June 27, 2011 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, June 27, 2011, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Joe McCarthy; Jason Rogers; John Wright; Richard Grossnickle; Matt Frierson; and Edwin Pickle City Staf£ Gene Anderson, Interim City Manager/Finance Director; Kent Mcllyar, City Attorney; Janice Ellis, City Clerk; Bob Hundley, Police Chief; Shawn Napier, City Engineer; Ronnie Grooms, Fire Chief; Ron Sullivan, Public Works Director; and Priscilla McAnally, Library Director Openinp- Agenda 1. Call meeting to order. IVlayor Pro-Tem McCarthy called the meeting to order at 5:32 p.m. 2. Invocation. City Engineer Shawn Napier gave the invocation. 3. Pledge of Allegiance. Mayor Pro-Tem McCarthy led the pledge. 4. Citizens' forum. Jean Schweers, 5005 Old Clarksville Road - she introduced herself and said that she had made application to serve on the Traffic Commission. 5. Public Announcements. a. Proclamation declaring Scleroderma Awareness in the City of Paris. Mayor Pro-Tem McCarthy presented Jean Shannon and Laurie Badgley with a proclamation declaring Scleroderma Awareness. 2 Regular Council Meeting June 27, 2011 Page 2 Consent A2enda Mayor Pro-Tem McCarthy 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 Rhanda Rogers and seconded by Council Member Wright. The Council voted seven (7) for and none (0) opposed to approve and adopt Consent Agenda Items 5, 6, 7, 8, and 9. 6. Deliberate and act on the approval of minutes from the meetings on June 9, 2011; June 13, 2011; and June 21, 2011. 7. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Airport Advisory Board minutes (2-24-2011) b. Paris Historic Preservation Commission minutes (5-17-2011; 5-23-2011) c. Main Street Advisory Board minutes (3-15-201 l; 4-19-2011) d. Board of Adjustment minutes (5-18-2011) 8. Deliberate on May monthly financial report. 9. Deliberate on drainage ditch maintenance report. Resular Asenda 10. Recognition of outgoing Council Member Rhonda Rogers for her service. Mayor Pro-Tem McCarthy presented a plaque to Council Member Rhonda Rogers expressing appreciation for her years of service to the City. 11. Issuance of Certificate of Election; Administer Statement of Elected Officer to Council Member and Administer Oath of Office to newly elected Council Member. City Clerk Janice Ellis issued the Certificate of Election; Administered the Statement of Elected Officer and Administered the Oath of Office to Dr. A.J. Hashmi. 12. Election by City Council of Mayor and Mayor Pro-Tem to serve the City of Paris for the next year. Mayor Pro-Tem McCarthy opened the floor to accept nominations for Mayor. A Motion to nominate Mayor Pro-Tem McCarthy to serve as Mayor was made by Council Member Rogers. 3 Regular Council Meeting June 27, 2011 Page 3 A Motion to nominate Council Member Hashmi to serve as Mayor was made by Council Member Grossnickle. Mayor Pro-Tem McCarthy asked if there were other nominations and being no other nominations, Mayor Pro-Tem McCarthy closed the floor for nominations. Mayor Pro-Tem McCarthy asked for a vote on the nomination of Mayor Pro-Tem McCarthy for Mayor by a show of hands. Mayor Pro-Tem McCarthy, Council Member Rogers and Council Member Fierson raised their hands. Motion failed, 3 ayes - 4 nays, with Council Member Pickle, Council Member Wright, Council Member Grossnickle and Council Member Hashmi casting the dissenting votes. Mayor Pro-Tem McCarthy asked for a vote on the nomination of Council Member Hashmi far Mayor by a show of hands. Council Member Grossnickle, Council Member Wright, Council Member Hashmi, and Council Member Pickle raised their hands. Motion carried, 4 ayes - 3 nays, with Mayor Pro-Tem McCarthy, Council Member Frierson and Council Member Grossnickle casting the dissenting votes. Council Member Hashmi was declared to serve as Mayor. Mayor Hashmi opened the floor to accept nominations for Mayor Pro-Tem. A Motion to nominate Richard Grossnickle to serve as Mayor Pro-Tem was made by Mayor Hashmi. With no other nominations being made, Mayor Hashmi closed the floor nominatins. Mayor Hashmi asked for a vote on the nomination of Richard Grossnickle for Mayor Pro- Tem by a show of hands. Mayor Hashmi, Council Member Wright, Council Member Pickle, Council Member Frierson, and Council Member Grossnickle raised their hands. Motion carried, 5 ayes - 2 nays, with Council Member McCarthy and Council Member Rogers casting the dissenting votes. Council Member Grossnickle was declared to serve a Mayor Pro-Tem. 13. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2011-01 S: 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 FROM LOW DENSITY RESIDENTIAL (LDR) TO COMMERCIAL (C), AS IT PERTAINS TO A 2.83 ACRE TRACT OF LAND BEING PART OF THE ENOCH CROW SURVEY #208, LOCATED AT 4680 PINE NtILL ROAD, PARIS LAMAR COUNTY, TEXAS, 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 Hashmi opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. Evan and Melanie Butler spoke in support of this 4 Regular Council Meeting June 27, 2011 Page 4 item. Mayor Hashmi asked for anyone wishing to speak in opposition of this item, to please come forward. With no one else speaking, Mayor Hashmi closed the public hearing. A Motion to invoke the super majority rule was made by Council Member Pickle and seconded by Council Member Wright. Motion carried, 7 ayes - 0 nays. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes - 0 nays. 14. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2011-019: 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 A 2.83 ACRE TRACT OF LAND BE1NG PART OF THE ENOCH CROW SURVEY #208, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, LOCATED AT 4680 PINE MILL ROAD, PARIS, TEXAS, FROM AN AGRICULTURAL DISTRICT (A) TO A COMMERCIAL DISTRICT (C); 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. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. There were no additional persons speaking in support of this item. Mayor Hashmi asked for anyone wishing to speak in opposition of this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. A Motion to invoke the super majority rule was made by Council Member Pickle and seconded by Council Member Wright. Motion carried, 7 ayes - 0 nays. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes - 0 nays. 15. Public hearing, first reading, deliberate, and possibly act on ORDINANCE NO. 2011- 020: 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 9, CITY BLOCK 313 FARIS, LAMAR COUNTY, TEXAS AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, LOCATED AT 3930 LAMAR AVENUE FROM AN AGRICULTURAL DISTRICT (A) TO A GENERAL RETAIL DISTRICT (GR); 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 ANEFFECTNE DATE. 5 Regular Council Meeting June 27, 2011 Page 5 Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. As representative of the seller of this property, Mary Ann Hood spoke in support of this item. Mayor Hashmi asked for anyone wishing to speak in opposition of this item, to please come forward. With no one else speaking, Mayor Hashmi closed the public hearing. A Motion to invoke the super majority rule was made by Council Member Pickle and seconded by Council Member Wright. Motion carried, 7 ayes - 0 nays. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes - 0 nays. 16. First reading, deliberate, and possibly act on ORDINANCE NO. 2011-021: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARI5, TEXAS, AMENDING THE TRAFFIC CONTROL MAP ADOPTED IN SECTION 31-65, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; ESTABLISHING A STOP S1GN ON PROVINE STREET AT 3RD STREET NW STOPPING EAST- BOUND AND WEST-BOUND TRAFFIC; 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 invoke the super majority rule was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes - 0 nays. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Grossnickle. Motion carried, 7 ayes - 0 nays. 17. Deliberate and act on RESOLUTION NO. 2011-052: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 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 EFFECTNE DATE. A Motion to postpone this item and schedule a special meeting was made by Council Member McCarthy and seconded by Council Member Wright. Motion failed, 3 ayes - 4 nays, with Mayor Hashmi, Council Member Grossnickle, Council Member Frierson, and Council Member Pickle casting dissenting votes. Mayor Hashmi opened the floor for nominations for appointments. A Motion to appoint Jack Ashmore, Billy Copeland, Steve Gilbert and Phillip Payne to the Airport Advisory Board was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes - 0 nays. 6 Regular Council Meeting June 27, 2011 Page 6 A Motion to appoint Vicki Ballard to the Building and Standards Board was made by Council Member Rogers. A Motion to appoint Zach Saffle and Don Wilson was made by Council Member Pickle. It was a consensus of City Council to appoint Vicki Ballard, Zach Saffle and Don Wilson to the Building and Standards Board. A Motion to appoint David Stewart, Britin Bostick and Ben Vaughn to the Historic Preservation Commission was made by Council Member Pickle and seconded by Council Member Grossnickle. Motion carried, 7 ayes - 0 nays. Library Director Priscilla McAnally said that the Library Advisory Board had four vacancies. A Motion to appoint Pat Brooks to serve on the Library Advisory Board was made by Council Member Wright and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. A Motion to appoint Linda Vandiver to serve on the Library Advisory Board was made by Council Member Pickle and seconded by Council Member Grossnickle. Motion carried, 7 ayes - 0 nays. A Motion to appoint Alice Woodard to serve on the Library Advisory Board was made by Mayor Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. A Motion to appoint Francine Neeley to serve on the Library Advisory Board was made by Council Member Grossnickle. Library Director Ms. McAnally said that Ms. Neeley did not live in the City of Paris. Council Member Grossnickle withdrew his Motion. Council Member Pickle inquired if they had to live in the City. Ms. McAnally said the Board's Bylaws did not require that members live in the City, but that a couple of years ago the City Council preferred that board rnembers live in the City. A Motion to appoint Francine Neeley to serve on the Library Advisory Board was made by Council Member Frierson and seconded by Council Member Grossnickle. Motion carried, 7 ayes - 0 nays. Council Member Pickle said that there would be an additional vacancy on Main Street, because they had appointed Britin Bostick to Historic Preservation Commission. A Motion to appoint Kari Daniel, Bill Harris, Nancy Anderson, and Michael Cody to serve on Main Street was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes - 0 nays. A Motion to appoint Gene McWaters to the Paris Economic Development Corporation Board was made by Council Member Wright. _ ° 4 "r Regular Council Meeting June 27, 2011 Page 7 A Motion to appoint Kenny Dority and Vic Ressler to the Paris Economic Development Corporation was made by Council Member Pickle. A Motion to appoint Bruce Carr to the Paris Economic Development Corporation was made by Council Member McCarthy. Mayor Hashmi asked for a vote on Council Member Wright's Motion to appoint Gene McWaters. Those voting in favor were Council Member Wright, Council Member Grossnickle and Mayor Hasruni. Motion failed, 3 ayes - 4 nays, with Council Member McCarthy, Council Member Rogers, Council Member Frierson, and Council Member Pickle casting the dissenting votes. Mayor Hashmi asked for a vote on Council Member Pickle's Mation to appoint Kenny Dority. Those voting in favor were Mayor Hashmi, Council Member McCarthy, Council Member Rogers, Council Member Grossnickle, Council Member Frierson, and Council Member Pickle. Motion carried, 6 ayes - 1 nay, with Council Member Wright casting the dissenting vote. Mayor Hashmi asked for a vote on Council Member Pickle's Motion to appoint Bruce Carr. Motion carried, 7 ayes - 0 nays. A Motion to appoint Jerry Akers to the Planning and Zoning Commission was made by Council Member Grossnickle and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. A Motion to appoint Keith Flowers to the Planning and Zoning Commission was made by M:ayor Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. A Motion to appoint Holland Harper to the Planning and Zoning Commission was made by Council Member Pickle and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. A Motion to appoint Kenneth Millsap and Jean Schweers to the Traffic Commission was made by Council Member Pickle and seconded by Council Member Wright. Motion carried, 7 ayes - 0 nays. A Motion to appoint Ted Nugent, Randy Bunch and Bennie Tschoerner to the Band Coirunission was made by Council Member Pickle and seconded by Council Member Grossnickle. Motion carried, 7 ayes - nays. A Motion to appoint Marilyn Smith and Jerry Haning to the Board of Adjustment was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes - 0 nays. 8 Regular Council Meeting June 27, 2011 Page 8 As Mayor Hashmi was moving to item 18, Bristin Bostic asked if she could approach the podium concerning her appointment to Historic Preservation Commission. A Motion to reopen item 17 was made by Council Member Frierson and seconded by Council Member Grossnickle. Motion carried, 7 ayes - 0 nays. Ms. Bostic said she wished to decline the appointment to the Historic Preservation Commission, because she wanted to continue to serve on Main Street. She said she was under the impression that she could serve on both boards. A Motion to rescind the appointment of Ms. Bostic to HPC was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes - 0 nays. A Motion to remove newly appointed Nancy Anderson from Main Street was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes - 0 nays. A Motion to appoint Nancy Anderson to HPC was made by Council Member Pickle and seconded by Member Frierson. Motion carried, 7 ayes - 0 nays. 18. Deliberate and act on RESOLUTION NO. 2011-053: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; AWARDING A CONTRACT FOR THE DEMOLITION AND DISPOSAL OF DILAPIDATED STRUCTURES IN THE CITY OF PARIS TO SANITATION SOLUTIONS, THE LOWEST RESPONSIBLE BIDDER; 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 Wright. Motion carried, 7 ayes- 0 nays. 19. Deliberate and provide direction on amendments to Noise Ordinance (establishment of non-residential trash and waste collection within the city limits and /or operating hours for businesses holding outdoor concerts. Gene Anderson said that the former Mayor had requested operation time limitations be placed on sanitation pickup in or near residential areas. Mr. Anderson inquired if Council wanted staff to meet with local praviders about this issue. It was a consensus of City Council for staff to meet with the local providers and bring this item back to a future meeting. In addition, Mr. Anderson told City Council that Council Member Wright stated that he had received several complaints from city residents about late night noise coming from the area where Buffalo Joes and Crosswire clubs were located. Council Member Grossnickle said that he can hear music from Buffalo Joes at his residence, but noted that they generally concluded their program by 10:00 p.m. Council Member Wright said that he would ]ike to hear from the police department. Chief Hundley said they had received complaints after 8:00 p.m. and after 10:00 9 Regular Council Meeting June 27, 2011 Page 9 p.m., but that they were allowed to play until l l:00 p.m. on weekends. Council Member Wright said that he would like to see the call information regarding noise complaints. Chief Hundley said that he would bring the information back to the next Council meeting. 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 cavered under automobile liability insurance. Chief Hundley said that City Staff was seeking direction on amendments to the Code of Ordinances to allow the Police Deparhnent to ticket, tow, and impound any vehicle that is not covered under automobile liability insurance. Chief Hundley said steps to verify coverage included, but were not limited to contacting the driver's insurance company; contacting the driver's insurance agent; contacting a parent if dealing with a minor; contacting the lien holder and checking through TexSure database. He also said if the officer had any doubts, he would have the option of not impounding the vehicle. Council Member Frierson said there was a flaw in determining liability insurance, because TexSure database did nat contain companies who carry insurance. Council Member Rogers expressed concern that this ordinance might make it more difficult for low income persons. Council Member Grossnickle said there could be a potential problem with leaving discretion to the officers. Mayor Hashmi suggested that the first time a person was in this situation, that he or she might be given a warning and then towed on a second offense. It was a consensus of the City Council to have Chief Hundley to review, write a policy and bring it back to the City Council. 21. Deliberate on travel policy. Mayor Hashmi asked for input from each Council Member. Council Members McCarthy and Rogers both said they would like for the City Manager and City Staff to draft a policy to bring back for Council review. Council Members Wright, Grossnickle and Frierson ask for more time to review the example policies provided to them. Mr. Anderson asked the Council Members to contact him once they had reviewed the examples, in order to allow him time to put a policy together. 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, as follows: City of Paris, Texas vs. Housing Associates and Daniel Allgeier, Cause No. 77918, 62°a Judicial District Court, Lamar County, Texas. After a brief recess, Mayor Hashmi convened City Council into Executive Sessian at 7:10 p.m. - 10 Regular Council Meeting June 27, 2011 Page 10 23. Reconvene into open session. Mayor Hashmi reconvened City Council into open session at 7:22 p.m. 24. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Mayor Hashmi invited everyone to the ribbon cutting for the District Offices open house scheduled for Saturday, July 9th at 10:00 a.m. Council Member Rogers said he was going to give a report on his visit with the President at the NAACP meeting, and invited everyone to attend the meeting scheduled for Thursday July 7`'' at 6:00 p.m. 25. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Jason Wright. Motion carried, 7 ayes - 0 nays. The meeting was adjourned at 7:25 p.m. A.J. HASHMI, MAYOR JANICE ELLIS, GITY CLERK I - - 11