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05 City Council Mtg Min 8-22-05 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS August 22, 2005 1. The City Council of the City of Paris met in regular session at 6:00 P. M. Monday, August 22,2005, at the Love Civic Center, 2025 South Collegiate Drive, Paris, Texas. Present: Mayor: Curtis Fendley Council Members: Tim Ray; Richard Manning, Mayor Pro Tern; Mary Ann Fisher; Karen Wilkerson; Rick Poston; and Don Wilson City Staff: Tony N. Williams, City Manager; Larry W. Schenk, City Attorney; and Janice Ellis, City Clerk The meeting was called to order. 2. Parr-Hull Medical Plaza and Commercial Center, Unit One Lots 1-10, located in the 3000 block of North Main Street. A. Consideration of and action on the Master Plat of the Parr-Hull Medical Plaza and Commercial Center, Unit One. Lisa Wright told Council that Planning and Zoning recommended approval of the Master Plat subject to the Engineer's recommendations. On Unit I, they recommended approval subject to the Engineer's recommendations. With regard to R&S Enterprises, they recommended approval subject to the Engineer's recommendations. David Wood, project engineer, said that the master plat was approved subject to 39 feet wide streets. Mr. Wood asked for a variance for inftll streets to be 29 feet wide. Mayor Fendley inquired as to if a variance was requested through Planning and Zoning. Lisa Wright informed Council yes; however, that Planning and Zoning did not recommend it be granted. Council Member Wilson did not understand why they would not grant the variance. Lisa Wright said the reason given was that this was a commercial development. Council Member Wilson expressed this should go back to Planning and Zoning for details as to why all the streets have to be 39 feet wide. Mayor Fendley inquired as to if tabling this matter would hinder Mr. Wood's plans. Larry Schenk advised Council that because of the unlike zoning, there was a time limitation covered by statue. Shawn Napier explained that because T this is a master and preliminary plat, they could leave everything as ordinance calls for and consider each variance as it comes to a final plat. Subject to the Engineer's recommendations, a Motion to approve was made by Council Member Wilson. Council Member Manning - second. Motion carried - 7 ayes, 0 nays. B. Consideration of and action on the Preliminary Plat of the Parr-Hull Medical Plaza and Commercial Center, Unit One. Subject to the Engineer's recommendations, a Motion to approve was made by Council Member Poston. Council Member Fisher - second. Motion carried - 7 ayes, 0 nays. 3. Consideration of and action on the Preliminary Plat ofRS Enterprises on Lots 4 A, 4 B, and 4C, City Block 313, being located in the 3800 block of Lamar Avenue. Council Member Wilson said he thought they had already started construction and wanted to know why it was just now being approved. Steve Neece, partner of RS Enterprises, said the building permits were issued for the existing lot that included lots B and C. He is asking to re-plat, because the eastern most half of that lot had never been platted. The building permit he obtained was for a car wash and the boundaries of that lot have not changed. Motion to approve was made by Council Member Manning. Council Member Ray - second. Motion carried - 7 ayes, 0 nays. CONSENT AGENDA A motion to approve was made by Council Member Fisher and a second by Council Member Ray, the Council voted seven (7) for and none (0) opposed to approve and adopt the Consent Agenda, Items 4, 5A, 5B, 5C, 5D, 5E, 5F, 6A, 6B, 6C, 6D, 6E, and 6F as follows: 4. Approval of minutes from previous City Council meetings. (8-8-05; 8-8-05 work session) 5. Receipt of reports and/or minutes from committees, boards, and commissions: A. Main Street Advisory Board. (6-13-05) T . T 6. B. C. D. B. Board of Adjustment. (7-25-05) C. Paris Public Library Advisory Board. (7-20-05) D. ParisILamar County Board of Health. (6-21-05) E. Board of Commissioners, Housing Authority of the City of Paris. (1-24-05; 3- 15-05; 4-19-05; 5-17-05; 6-21-05; 7-19-05; and 8-16-05) F. Civil Service Commission. (8-10-05) Consideration of and action on the following resolutions: A. RESOLUTION NO. 2005-092: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ACCEPTING THE LOW BID OF PARIS TELEPHONE SYSTEM FOR THE NEW POLICE AND COURTS BUILDING; APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AGREEMENT WITH PARIS TELEPHONE SERVICE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. 2005-093: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ACCEPTING THE BID AND APPROVING AND AUTHORIZING THE A WARD OF A PURCHASE CONTRACT TO AIRWAVES COMMUNICATIONS FOR THE PURCHASE OF AN ACU 1000 COMMUNICATIONS INTEROPERABILITY SYSTEM; ACKNOWLEDGING THE AVAILABILITY OF GRANT FUNDS FOR THE PURCHASE OF SAID SYSTEM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. 2005-094: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING MEMBERS TO THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. 2005-095: A RESOLUTION OF THE CITY COUNCIL I E. F. 7. OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING LAY REPRESENTATIVES TO THE NORTHEAST TEXAS LIBRARY SYSTEM, WHOSE TERMS EXPIRE AUGUST 31, 2005; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. 2005-096: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING THREE MEMBERS AND ONE AL TERNA TE TO THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF PARIS TO SERVE FULL TERMS WHICH EXPIRE JUNE 30, 2007; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. 2005-097: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING AN AL TERNA TE MEMBER TO THE BOARD OF ADillSTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE. Personal Appearances. A. Bob Bush - 507 CR32050, Brookston, Texas - spoke in support of service related agencies. B. Lisa McAllister - 102 Lamar Ave., Paris, Texas - asked that the City continue to support the Red Cross. C. Stephanie Hunt - 711 Pine Bluff, Paris, Texas - said that the Children's Advocacy Center had been included in the Paris Police Department's budget as a contractual line item. She hopes that they can stay in the budget in that manner. D. Betty Ellis Brown - 1220 Clarksville Street, Paris, Texas - asked that the City continue to support Family Haven. E. Traci Hughes - 1273-19th N.W., Paris, Texas - asked that the City continue to support the Lamar County Human Resources Council. . 8. A. Gary O'Connor - Direct, Texas - spoke on behalf of Lamar County Human Resources Council. F. Gloria Phillips - 25 N.W., First Street, Paris, Texas - asked that the City continue to support NETCADA. G. Cindy Bowlin - 2860 Ballard, Paris, Texas - asked that the City continue to support Models of the Maker. H. Sharon Eubanks - 2021 Loop 286 N.W., Paris, Texas - asked that the City continue to support CASA for Kids. I. Roy Gwinn - asked that the City continue to support the Breakfast Optimist. Bill White Jr. - spoke in support of the Breakfast Optimist. J. Ann Gilliland - 150 CR 12200, Paris, Texas - asked that the City continue to support Keep Paris Beautiful. Consideration of and action on the following ordinances: First Reading - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PURSUANT TO CHAPTER 7 OF THE CITY CHARTER AND SECTION 43.142 OF THE LOCAL GOVERNMENT CODE, DISANNEXING TWO TRACTS FORMING A PORTION OF THE CURRENT OUTER BOUNDARIES OF THE CITY LIMITS OF THE CITY OF PARIS, THE FIRST TRACT FORMING A PORTION OF EASTERN MOST BOUNDARIES OF THE CITY OF PARIS AND CONTAINING 193.94 ACRES, THE SECOND TRACT FORMING A PORTION OF THE WESTERN MOST BOUNDARIES OF THE CITY OF PARIS AND CONTAINING 63.397 ACRES, MORE OR LESS; MAKING A FINDING WITH REGARD TO POTENTIAL REFUNDS OF PROPERTY TAXES TO DISANNEXED LANDOWNERS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Motion to approve was made by Council Member Wilson. Council Member Ray - second. Motion carried - 7 ayes, 0 nays. T I B. Third and Final Reading: ORDINANCE NO. 2005-038: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT ORDINANCE NO. 2001-033, WHICH GRANTED A FRANCHISE FOR ELECTRIC SERVICE TO TEXAS UTILITIES ELECTRIC COMPANY, PREVIOUSLY KNOWN AS ONCORELECTRIC DELIVERY COMPANY, NOW KNOWN AS TXUELECTRIC DELIVERY COMPANY, BE EXTENDED FORA PERIOD OF TWELVE (12) MONTHS PENDING NEGOTIATION OF A NEW FRANCHISE; PROVIDING FOR CONTINUED COMPENSATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS WITH OTHER ORDINANCES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Motion to approve was made by Council Member Manning. Council Member Fisher- second. Motion carried - 7 ayes, 0 nays. C. ORDINANCE NO. 2005-039: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO SANITATION SOLUTIONS, FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Josh Bray spoke in support of this ordinance. Council Member Wilson wanted to know the location of his collection station. Mr. Bray said that all the trash leaving Paris would go to a state certified land fill. Mayor Fendley inquired as to if this was commercial only and Josh Bray answered in the affirmative. Motion to approve was made by Council Member Poston. Council Member Ray - second. Motion carried - 7 ayes, 0 nays. 9. Consideration of and action on the following resolutions: A. T RESOLUTION NO. 2005-098: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ADOPTING THE NATIONAL I INCIDENT MANAGEMENT SYSTEM (NIMS); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Motion to approve was made by Council Member Manning. Council Member Wilkerson - second. Motion carried - 7 ayes, 0 nays. B. RESOLUTION NO. 2005-099: A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF CONTRACT CHANGE ORDER NOTICE NO. 01 FOR PUBLIC HEALTH SERVICES, DSHS DOCUMENT NO. 7560022067-A-2005 (ATTACHMENT NO. 02A) CHS-FEE FOR SERVICE-F AMIL Y PLANNING; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Council Member Manning wanted to know if this was different than what is normally done. Tony Williams explained that this was an increase in the amount of money to get the service done. Motion to approve was made by Council Member Fisher. Council Member Manning- second. Motion carried - 7 ayes, 0 nays. 10. Discussion of the City of Paris Building Code. Council Member Ray said that a man in his district called him to complain about a city ordinance. The citizen went to a lumber company to purchase shingles to roofhis house and was questioned as to whether or not he had obtained a permit from the city. Council Member Ray stated he opposed this ordinance and that he did not feel that it was the city's business when a person wanted to roof their own house. Tony Williams explained that it was to keep people from layering multiple shingles on a roof and to not only protect the person who lives in the home, but the person who might buy that home. Council Member Wilson said they should either take the ordinance off the books or enforce the ordinance. Council Member Wilson said his concern with this is that when he asked Lisa Wright if it had been enforcement in the past, she shook her head no. He stated that as Council Members, they needed to look at safety of the housing in the City of Paris. Council Members Manning and Fisher concurred with Council Member Wilson. Mayor Fendley reiterated that ordinances on the books needed to be enforced. Mayor Fendley inquired as to if Council wanted to bring this back at a later date for review. Council Member Ray said yes. T I 13. 11. Citizens Forum. Bill Sanders - 3775 Eagle Bend, Paris, spoke in support of the Breakfast Optimist. Betty Kildahl- 308 S. Main Street, Paris, spoke in support of the Y.W.C.A. softball program. Steve Cook - 710 S.W. 42nd Street, Paris, spoke in support of the Red Cross and other non-profit agencies. Melissa Burnett - 659 CR43390, Paris, spoke in support of the Lamar County Humane Association. Bob Bush - Brookston, Texas, spoke in support of the Lamar County Humane Association. Roy Gwinn - he thinks the Breakfast Optimist/Woodall Field Operation should be put back in the Parks and Recreation Budget. 12. Mayor Fendley convened the Council into Executive Session at 7:39 p.m. pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive advice of legal counsel pertaining to pending or possible litigation and to receive advice of legal counsel pursuant to the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, regarding the following matters: A. Authorize litigation against the City of Clarksville for collection of sums due under prior participatory agreements for drug task force activities. Mayor Fendley closed the Executive Session at 8:00 p.m. and reconvened the open . seSSIon. Motion was made by Council Member Manning to initiate litigation. Second- Council Members Wilkerson, Fisher and Ray. Motion carried - 7 ayes, 0 nays. T t 14. Possible future agenda items. Review of City Ordinances for possible modification. 15. Referrals. There were no referrals. 16. Adj ournment. There being no further business, the meeting was adjourned. CURTIS FENDLEY, MAYOR JANICE ELLIS, CITY CLERK T 8