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05 - COUNCIL MINUTES FROM 03/23/2015 MEETINGItem No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS March 23, 2015 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, March 23, 2015, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Matt Frierson Council Members: Richard Grossnickle; Aaron Jenkins; Sue Lancaster; Benny Plata; Edwin Pickle; and A.J. Hashmi City Staff. John Godwin, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Shawn Napier, City Engineer; Larry Wright, Fire Chief, Bob Hundley, Police Chief; Doug Harris, Utilities Director; and Kent Klinkerman, EMS Director Openine Agenda 1. Call meeting to order. Mayor Frierson called the meeting to order at 5:30 p.m. 2. Invocation. Pastor Aldridge gave the invocation. 3. Pledge of Allegiance. Council Member Plata led the pledge. 4. Citizens' Forum. James Price, 1230 Shiloh — he said the City had been operating under a dictatorship and referenced Section 16 of the City Charter. Mr. Price said only 2 non -Anglo men and no woman had ever been mayor of the City. He asked the City Council to call an election to change the Charter so that all people could vote for mayor. He said if that did not happen there would be a committee formed to work on a petition to make amendments to the Charter. Ray Banks, 3450 Robin Road — he inquired if item 12 was for the nursing home and then stated the nursing home was purposely built outside the City. He also inquired if they would have to come into code and if the City was going to put in curbs and gutters. Edwin Pickle, 220 Johnson Woods Drive — he invited everyone to the Keep Paris Beautiful trash -off scheduled for Saturday, April 1 lth beginning at 7:30 a.m. at the Home Depot. Regular Council Meeting March 23, 2015 Page 2 Consent Agenda Mayor Frierson inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Council Member Hashmi asked that the PEDC minutes of February 18, 2015 be pulled for discussion. He pointed out that that the meeting was called to order at 9:02 a.m. but that two members were not present until later, which left only two members beginning the meeting. He questioned if there was a typo or if the meeting began without a quorum. City Manager John Godwin said they could approve the consent agenda and table those minutes until that could be checked into. With regard to other board minutes, Council Member Pickle complimented Council Members Lancaster and Plata for attending their assigned board meetings and asked the others to do the same. With the exception of the PEDC minutes of February 18, 2015, a Motion to approve the consent agenda was made by Council Member Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 5. Approve the minutes from the City Council meeting on March 9, 2015. 6. Receive reports and/or minutes from the following boards, commissions, and committees: a. Paris Public Library Advisory Board (1 -21 -2015) b. Planning & Zoning Commission (2 -2 -2015 & 2 -17 -2015) c. Building and Standards Commission (2 -16 -2015) d. Main Street Advisory Board (2 -17 -2015) e. Historic Preservation Commission (2 -11 -2015) f. Paris Economic Development Corporation (2 -10 -2015 & 2 -18 -2015) 7. Receive February monthly financial report. 8. Receive February drainage report. 9. Receive demolition report. 10. Approve RESOLUTION NO. 2015 -016: APPROVING A SECTION 3 POLICY FOR THE CITY OF PARIS, TEXAS AND DESIGNATING AN EQUAL RIGHTS OFFICER. Approve RESOLUTION NO. 2015 -017: ADOPTING A SECTION 504 GRIEVANCE PROCEDURE AS REQUIRED BY THE HOUSING AND URBAN DEVELOMENT REGULATIONS IMPLEMENTING SECTION 504 OF REHABILITATION ACT OF 1973 AND DESIGNATING A GRIEVANCE OFFICER FOR THE CITY OF PARIS, TEXAS, AS REQUIRED BY TXCDBG REGULATIONS. Approve RESOLUTION NO. 2015 -018: APPROVING AN EXCESSIVE FORCE POLICY AS REQUIRED BY THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Approve RESOLUTION NO. 2015 -019: APPROVING A COMPLAINT PROCEDURE FOR BLOCK GRANT PROJECTS FUNDED BY THE Regular Council Meeting March 23, 2015 Page 3 TEXAS DEPARTMENT OF AGRICULTURE AND DESIGNATING JOHN GODWIN, CITY MANAGER TO HANDLE COMPLAINTS. 11. Receive the Comprehensive Annual Financial Report for 2013 -14. Regular Agenda 12. Discuss and act on ORDINANCE NO. 2015 -007: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS PROVIDING FOR THE EXTENSION OF THE BOUNDARY LIMITS OF THE CITY OF PARIS, TEXAS AND ANNEXING APPROXIMATELY 95.173 ACRES OF LAND EAST OF STILLHOUSE ROAD AND NORTH OF STONE AVENUE OUT OF ABSTRACT A786 R RUSSELL SURVEY, LAMAR COUNTY, TEXAS SAID TERRITORY BEING WITHIN THE EXTRA- TERRITORIAL JURISDICTION OF THE CITY OF PARIS AND ADJOINING THE PRESENT BOUNDARY LIMITS OF THE CITY OF PARIS, TEXAS; ADOPTING A SERVICE PLAN FOR THE AREA; MAKING OTHER FINDINGS AND DECLARING AN EFFECTIVE DATE. Mr. Godwin said this annexation consisted of three parcels of land totaling 95.173 acres and the tract located at 2900 Stillhouse Road was fully developed with a skilled nursing facility. He also said the facility currently receives public safety services and city water and sewer services. Mr. Godwin said the two required public hearings were conducted on February 16th and February 23rd. Mr. Godwin said no work would be done by the City on the driveway or curbs and gutters. He also said they would have to come into code if there was a health and safety issue. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Plata. Motion carried, 7 ayes — 0 nays. 13. Discuss and act on ORDINANCE NO. 2015 -008: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC CONTROL MAP ADOPTED IN SECTION 31- 65(b), OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS, TO CHANGE TRAFFIC FLOW ON HOUSTON STREET FROM 3RD NW TO 6TH NE AND PRICE STREET FROM 3RD NW TO 6TH NE, FROM ONE -WAY TO TWO -WAY STREETS FOR TRAFFIC FLOW; OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PEANTLY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Godwin told Council that staff considered and evaluated advantages of eliminating some or all of the six one -way city streets in downtown Paris. Mr. Godwin said the Traffic Commission recommended changing 2nd Street SW and NW, 3rd Street SW, Houston Street and Price from one -way to two -way traffic. He said that staff recommended approval of the changes and delaying 2 Street to a later date to assess need and function after the other changes had been implemented. Council Member Lancaster expressed concern about 3rd Street, because it Regular Council Meeting March 23, 2015 Page 4 would be difficult to get two automobiles down the street and there had already been one fatality on that street a couple of weeks ago. Mr. Godwin said they could defer 3`d Street to a later date. Council Member Hashmi favored having a public hearing to receive input from citizens. Mayor Frierson asked Council Member Lancaster if she had received any calls about this item and she told him she had received four. He asked her if she would be comfortable approving this item subject to leaving 3d Street as a one -way street and she answered in the affirmative. A Motion to approve the one -way streets to two -way streets with the exception of 3`d Street was made by Council Member Plata and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 14. Discuss and act on ORDINANCE NO. 2015 -009: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC PARKING SYSTEM ADOPTED IN SECTION 31 -84 AS IT IS ESTABLSIHED IN THE TRAFFIC CONTROL MAP IN SECTION 31 -65 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; REMOVING THE NO PARKING ZONE ON THE NORTH SIDE OF CLARKSVILLE STREET IN THE 300 BLOCK FOR APPROXIMATELY 360 FEET, UP THE DRIVEWAY ON THE EAST SIDE OF THE FIRST UNITED METHODIST CHURCH WHERET HE INSIDE LANE OR TRAFFIC ENDS, TO ALLOW FOR PARALLEL PARKING INSTEAD OF A TRAFFIC LANE; 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. Mr. Godwin said Lamar Avenue beside First United Methodist Church was four lanes wide and the inside lane serves no other need other than church traffic. He said staff had been examining the possibility of converting this inside traffic lane to parking and the church and TxDOT had agreed to the change. Mr. Godwin said by replacing open pavement with parked cars, they should expect slower average travel speed on Lamar, which was a high priority of downtown development. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Grossnickle. Motion carried, 7 ayes — 0 nays. 15. Discuss and adopt a policy on Council agenda preparation. Mr. Godwin explained that Mayor Frierson requested consideration of an agenda policy for the Council and on March 9th Council agreed to adopt the policy but with revisions. He said he had made the revisions and included a form previously used by the Council. Council Member Hashmi asked that the form be updated to reflect the deadline for a Council Member to submit an item was the Wednesday prior to the Council meeting. A Motion to approve the policy was made by Council Member Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. Regular Council Meeting March 23, 2015 Page 5 16. Appoint one member to the Building & Standards Commission to fill an unexpired term. Mr. Godwin said that board member Jon McFadden resigned from the Building and Standards Commission on February 9, 2015 and his term was to expire June 30, 2016. He also said that an application had been received from Matthew Allen to fill the unexpired term. A Motion to approve the appointment of Matthew Allen was made by Council Member Hashmi and seconded by Council Member Plata. Motion carried, 7 ayes -0 ayes. 17. 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: • Enterprise and Reinvestment Zones as related to Kimberly Clark and Paris Regional Medical Center North. • Skinner Tax Abatement. Mayor Frierson convened City Council into executive session at 6:09 p.m. 18. Reconvene into open session and possibly take action on those matters discussed in Executive Session. Mayor Frierson reconvened City Council into open session at 6:47 p.m. He said the Council received legal advice from the City Attorney and at the next Council meeting there would be an agenda item for a public hearing regarding a reinvestment zone for Kimberly Clark. 19. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. Council Member Pickle said there may be a Council quorum at the trash -off and asked that a possible quorum notice be published. Mr. Godwin announced as the City was improving ADA accessibility, that persons in motorized wheelchairs could now recharge their motorized wheelchairs at fire stations if the individual had a plug. 20. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Plata. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 6:48 p.m. Regular Council Meeting March 23, 2015 Page 6 MATT FRIERSON, MAYOR JANICE ELLIS, CITY CLERK