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03 City Council Min 6-25-07 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS June 25, 2007 The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, June 25,2007, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Will Biard; Mary Ann Fisher; Don Wilson; Stephen Brown; Kevin Gray and Bill Strathern City Staff: Ernie Clark, Interim City Manager; Kent McIlyar, City Attorney; and Janice Ellis, City Clerk 1. Mayor Freelen called the meeting to order. Ernie Clark gave the invocation. 2. Pledge of Allegiance. Council Member Biard led the pledge. CONSENT AGENDA Mayor Freelen inquired if there were any items that Council Members wanted to pull from the Consent Agenda for discussion. There were none. Council Member Wilson made a Motion to approve the Consent Agenda and Council Member Brown seconded the Motion. The Council voted seven (7) for and none (0) opposed to approve and adopt the Consent Agenda, Items 3, 4, 4A, and 4B as follows: 3. Approval of minutes from previous City Council meetings. (6/11/07) 4. Receipt of reports and/or minutes from committees, boards, and commissions: A. Historic Preservation Commission. (5/9/07) B. Traffic Commission. (6/5/07) 5. ORDINANCE NO. 2007-012: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC CONTROL MAP FOR THE CITY OF PARIS AS ADOPTED BY SECTION 31-65(b) OF THE PARIS CODE OF ORDINANCES, TO ADD A TRAFFIC CONTROL SIGNAL AT THE INTERSECTION OF 20TH STREET NE AND PINE BLUFF STREET; PROVIDING FOR A PENALTY NOT TO EXCEED Regular City Council Meeting June 25, 2007 Page 2 $200.00; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR P ARTS OR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATES. A Motion to approve this item was made by Council Member Fisher and seconded by Council Member Biard. Motion carried, 7 ayes - 0 nays. 6. Public Hearing to receive input from the citizens of Paris regarding local participating in the expenditure of funds under the Edward Byrne Memorial Justice Assistance Grant (JAG) for which the City of Paris is making application in the amount of$17,532.00. Mayor Freelen opened the public hearing and asked for anyone speaking in favor of this item to do so. Chief Louis spoke in support of this item. He told Council this would allow the Police Department to fund the Code Red System, an emergency telephone notification that would call every telephone in Paris with a recorded message alerting citizens to emergency situations. Chief Louis further stated the program had the ability to telephone specific areas of town. Mayor Freelen asked for anyone speaking against this item to do so. With no one else speaking, Mayor Freelen closed the public hearing. 7. A. RESOLUTION NO. 2007-062: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE APPLICATION FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM(FORMERL Y KNOWN AS THE LOCAL LAW ENFORCEMENT BLOCK GRANT); AUTHORIZING AN INTERLOCAL AGREEMENT WITH LAMAR COUNTY; AUTHORIZING THE EXPENDITURE OF FUNDS; ACCEPTING SAID GRANT AWARD UPON NOTICE THEREOF; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; 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 Wilson and seconded by Council Member Gray. Motion carried, 6 ayes - I nay with Council Member Strathem casting the dissenting vote. B. RESOLUTION NO. 2007-063: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE BID AND AWARDING THE CONTRACT FOR THE REPLACEMENT OF CONCRETE CURB & GUTTERS, DRNEW A YS AND SIDEWALKS IN THE CITY OF PARIS TO C AND CONSTRUCTION COMPANY, THE LOWEST RESPONSIBLE BIDDER; Regular City Council Meeting June 25, 2007 Page 3 MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Council Member Wilson expressed concern about the bid price being realistic and the company's ability to fulfill the contract. Council Member Strathern inquired of Shawn ifhe thought the company could do the job and Shawn answered in the affirmative. Kent McIlyar informed Council if the company was unable to fulfill the contract, the City could terminate the contract and go out for bids again. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Fisher. Motion carried, 6 ayes - I nay with Council Member Biard casting the dissenting vote. C. RESOLUTION NO. 2007-064: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ACCEPTANCE OF EASEMENTS FOR THE EXTENSION OF A SEWER LINE TO A LIFT STATION FOR THE PECAN PLACE DEVELOPMENT PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Council Member Biard asked to be recused. A Motion to recuse Council Member Biard was made by Council Member Fisher and seconded by Council Member Brown. Motion carried, 6 ayes - o nays. Council Member Wilson stated he had a problem with the first developer putting in an inadequate lift station. Council Member Brown asked Shawn Napier if Phase II ofthe project would be on the lift station with Oak Creek. Shawn told Council when the developer reached Phase II, he would be required to upgrade the lift station used by Oak Creek. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. A Motion to return Council Member Biard to the meeting was made by Council Member Fisher and seconded by Council Member Wilson. Motion carried, 6 ayes - 0 nays. D. RESOLUTION NO. 2007-065: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF AMENDMENT NO. ITO THE ROUTINE AIRPORT MAINTENANCE PROGRAM (RAMP) GRANT AGREEMENT FOR TXDOT PROJECT NO. AM 2007 PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Regular City Council Meeting June 25,2007 Page 4 Council Member Biard inquired if the amendment was allowed under the grant. Lisa Wright answered in the affirmative. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. E. RESOLUTION NO. 2007 -066: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING A GRANT AWARD FROM THE TEXAS HISTORICAL COMMISSION, CERTIFIED LOCAL GOVERNMENT DIVISION, FOR A CERTIFIED LOCAL GOVERNMENT (CLG) GRANT IN THE AMOUNT OF $15,000 FOR PHASE III OF THE UPDATED HISTORIC RESOURCE SURVEY OF THE CITY OF PARIS AS IT RELATES TO INDUSTRIAL PROPERTIES; ACCEPTING THE PROPOSAL OF ARCHITEXAS FOR COMPLETION OF SAID PHASE III SURVEY AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT; 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 Biard and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. F. RESOLUTION NO. 2007-067: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, SUSPENDING THE JULY 30, 2007 EFFECTIVE DATE OF THE PROPOSAL BY ATMOS ENERGY, MID-TEX DIVISION TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2006; AUTHORIZING P ARTICIP A TION WITH THE A TMOS CITIES STEERING COMMITTEE ("ACSC") IN A REVIEW AND INQUIRY INTO THE SUFFICIENCY OF THE FILING AND THE BASIS OF THE PROPOSED RA TE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT RATEMAKING COSTS; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; 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 Wilson and seconded by Council Member Biard. Motion carried, 7 ayes - 0 nays. 8. Citizens Forum. No one spoke. Regular City Council Meeting June 25, 2007 Page 5 9. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. None were referenced. 10. Consideration and approval of the Monthly Financial Report. A Motion to approve the Monthly Financial Report was made by Council Member Strathern and seconded by Council Member Wilson. Motion carried, 7 ayes - 0 nays. 11. Information Items: A. Activity Report for Municipal Courts - May, 2007. B. Notice of vacation dates for Councilman Will Biard. Council Member Biard will be on vacation from August 16 through August 24,2007. In addition, Council Member Wilson stated he would be on vacation from August 14, 2007 through August 23, 2007. Council Member Brown stated he would be on vacation from July 22,2007 through July 26,2007. He also stated he would be gone from August 8, 2007 through August 14,2007. C. Notice from Cingular Wireless. 12. Possible future agenda items. Mayor Freelen requested an expense report on the pool cars be given to Council at the next regular meeting. Mayor Freelen asked that Paris Police Officer Mike Bankston be recognized for his outstanding police work. 13. Adjournment. There being no further business, Council Member Fisher made a Motion to adjourn and Council Member Biard seconded the Motion. Motion carried, 7 ayes - 0 nays The meeting was adjourned at 7:04 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK