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04-A City Council Mtg Min 8-13-07 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS August 13, 2007 The City Council of the City of Paris met for a regular session at 6 :00 P. M. Monday, August 13, 2007, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Will Biard; Don Wilson; and Bill Strathern, Mayor Pro Tern City Staff: Kent McIlyar, City Attorney; and Janice Ellis, City Clerk Absent: Council Members: Mary Ann Fisher; Kevin Gray; and Stephen Brown City Staff: Ernie Clark, Interim City Manager 1. Mayor Freelen called the meeting to order at 6:04 p.m. Gene Anderson gave the invocation. 2. Pledge of Allegiance. Council Member Strathern led the pledge. A Motion to move to item 12. was made by Council Member Biard and seconded by Council Member Strathern. Motion carried, 4 ayes - 0 nays. 12. Citizens Forum. Billy Bell, 2054 Cleveland - spoke about the city manager's salary and benefits. He also stated he did not think the City should have to pay Jim Bell's legal fees. Marva Joe, 161 0-17th N.E. - stated that the city manager's contract should have a provision allowing him a public hearing should he be terminated, as outlined in the new City Charter. Charles Richards - pointed out that the new city manager was in the building. Mayor Freelen moved to item 3. 3. Receipt of report from the Planning & Zoning Commission. Regular City Council Meeting August 13,2007 Page 2 A. Public hearing to consider the Site Plan of Lot 14A-5 City Block 259, being number 2990 Pine Mill Road. Mayor Freelen opened the public hearing and asked for anyone speaking in favor of this item to do so. Paul Vinson of Bee Hive Homes, spoke in support of this item. Mayor Freelen asked for anyone speaking against this item to do so. With no one else speaking, Mayor Freelen closed the public hearing. B. ORDINANCE NO. 2007-017: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE SITE PLAN FOR A PLANNED DEVELOPMENT DISTRICT RETAIL SHOPPING CENTER (PD-a), PREVIOUSLY ESTABLISHED BY THE ADOPTION OF ZONING ORDINANCE NO. 2003-22, FOR LOT 14A-5, CITY BLOCK 259, MAKING OTHER FINDINGS AND PROVISIONS RELA TED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; 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, 4 ayes - 0 nays. C. Public hearing to consider the Site Plan of Lots 5, 6 and 7, Block 8, Springlake Addition, being number 200 N. Collegiate Drive. Mayor Freelen opened the public hearing and asked for anyone speaking in favor ofthis item to do so. Denise Dority spoke in support of this item. Mayor Freelen asked for anyone speaking against this item to do so. With no one else speaking, Mayor Freelen closed the public hearing. D. ORDINANCE NO. 2007-018: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE SITE PLAN FOR A PLANNED DEVELOPMENT DISTRICT RETAIL SHOPPING CENTER (PD-a) Retail Shopping Center on Lots 5, 6 and 7, Block 8, Springdale Addition, being number 200 N. Collegiate Drive. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Wilson. Council Member Wilson wanted to know if the back of the building was going to be brick. Mrs. Dority said it would be metal, but that it may eventually be bricked. Council Member Wilson expressed concern about the metal finish, because the back of the building would be facing a residential neighborhood. Motion carried, 3 ayes - 1 nay, with Council Member Wilson casting the dissenting vote. " I Regular City Council Meeting August 13,2007 Page 3 E. Public hearing to consider the Site Plan of Lot 13-D, City Block 259, being number 410 N. Collegiate Drive. Mayor Freelen opened the public hearing and asked for anyone speaking in favor of this item to do so. No one spoke in support of this item. Mayor Freelen asked for anyone speaking against this item to do so. With no one speaking, Mayor Freelen closed the public hearing. F. ORDINANCE NO. 2007-019: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE SITE PLAN FOR A PLANNED DEVELOPMENT DISTRICT COMMERCIAL CENTER (PD-al ), PREVIOUSLY ESTABLISHED BY THE ADOPTION OF ZONING ORDINANCE NO. 94-016, FOR LOT 13-D, CITY BLOCK 259, MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Strathem. Council Member Wilson wanted to know why a trash dumpster was allowed on the property line. Lisa Wright said the City did not have an ordinance regulating dumpster location. vote. Motion carried, 3 ayes - I nay, with Council Member Wilson casting the dissenting G. Consideration of and action on the Preliminary Plat of Lots 8-A, 8-B, and 9, City Block 222-B, Platinum Place 222-B Addition, being number 69, 115, and 125 27th NE. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Biard. Motion carried, 4 ayes - 0 nays. H. Consideration of and action on the Final of Lots 8-A, 8-B, and 9, City Block 2220B, Platinum Place 222-B Addition, being number 69, 115 and 125 27th NE. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Biard. Motion carried, 4 ayes - 0 nays. Regular City Council Meeting August 13,2007 Page 4 4. CONSENT AGENDA Mayor Freelen inquired if there were any items that Council Members wanted to pull from the Consent Agenda for discussion. Council Member Wilson asked that page four of the minutes of July 23,2007, be corrected to reflect the following change: from "Council Member Wilson said for four or five years the rates were not increased, as recommended by the consultants" to "Council Member Wilson said for four years prior to June 2004, the rates were not increased, as recommended by the consultants." Council Member Wilson also requested that a correction be made to the bottom of page 6 to reflect that Will Biard, Mary Ann Fisher and Jesse James Freelen were appointed to the serve on the Board of Directors of the Ark-Tex Governments. Subject to the corrections mentioned above, Council Member Wilson made a Motion to approve the Consent Agenda and Council Member Biard seconded the Motion. The Council voted four (4) for and none (0) opposed to approve and adopt the Consent Agenda, Items A, B(I), B(2), C(1), C(2), C(3), C(4), C(5), C(6), C(7), C(8), C(9), C(10), D(1), D(2) and (D(3) as follows: A. Approval of minutes from previous City Council meetings. (7/23/07; 7/24/07; 7/25/07; and 8/7/07) B. Receipt ofreports and/or minutes from committees, boards, and commissions: (1) Task Force on Code Enforcement. (8/1/07) (2) Paris Economic Development Corporation. C. Consideration of and action on the following bids received at public bid openings: (1) Accepting the bid of Poly dyne, Inc. in the amount of$0.86/lb. for furnishing and delivery of Liquid Cationic Polyacrylamide Emulsion (Flocculant) for use in the Wastewater Treatment Plant. (2) Accepting the bid of DPC Industries in the amount of $575.00Iton for furnishing and delivery of Liquid Sulfur Dioxide for use in the Wastewater Treatment Plant. (3) Accepting the bid of Harcross Chemicals, Inc. in the amount of$532.00/ton for furnishing and delivery of Liquid Chlorine for use in the Wastewater Treatment Plant and Water Treatment Plant. (4) Accepting the bid ofLCI, Ltd. in the amount of$2.02/gal. for furnishing and delivery of Fluosilicic Acid (Fluoride) for use in the Water Treatment Plant. Regular City Council Meeting August 13, 2007 Page 5 (5) Accepting the bid ofUnivar in the amount of$428.00/ton for furnishing and delivery of Sodium Hydroxide for use in the Water Treatment Plant. (6) Accepting the bid of Chameleon Industries, Inc. in the amount of$187.50/ton for furnishing and delivery of Liquid Alum for use in the Water Treatment Plant. (7) Accepting the bid of Texas Lime Company in the amount of $107 .29/ton for furnishing and delivery of Hydrated Lime Bulk for use in the Water Treatment Plant. (8) Accepting the bid of Texas Lime Company in the amount of$160.29/ton for furnishing and delivery of Hydrated Lime Bagged for use in the Water Treatment Plant. (9) Accepting the bid of Southwest Chemical in the amount of $799/ton for furnishing and delivery of Liquid Anhydrous Ammonia for use in the Water Treatment Plant. (10) Accepting the bid of Norit Americas, Inc. in the amount of $0.50/lb. for furnishing and delivery of Powdered Activated Carbon for use in the Water Treatment Plant. D. Consideration of and action on the following resolutions: (1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 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. (2) RESOLUTION NO. 2007-084: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DECLARING CERTAIN PERSONAL PROPERTY SURPLUS; APPROVING AN AUCTIONEER SERVICE AGREEMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. (3) RESOLUTION 2007-085: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, COMMITTING THE COMMUNITY TO FLOODPLAIN MANAGEMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Regular City Council Meeting August 13, 2007 Page 6 Mayor Freelen noted item 4(B)1 (Minutes of the Council Task Force on Code Enforcement) had been submitted with corrections made to the typographical errors. Council Member Wilson said specific action was needed on item D(1) ofthe Consent Agenda. A Motion to re-open the Consent Agenda was made by Council Member Biard and seconded by Council Member Wilson. A Motion by Council Member Wilson was made to reappoint members Paul Denney, Ann Rogers, Arvin Starrett, Pike Burkhart and reappoint Brian Wear as an alternate member of the Historic Preservation Commission. His Motion further included appointing Ben Vaughan to serve as an alternate in the place of Vanessa Preston. Council Member Biard said that Mr. Wear had requested not to be reappointed. Mayor Freelen suggested moving Mr. Vaughan into Mr. Wear's position. Mayor Freelen said they needed to make another appointment. Council Member Wilson suggested they do so at the next meeting. Council Member Strathern asked for additional time prior to making these appointments. A Motion to postpone the appointments until the next meeting was made by Council Member Strathern and seconded by Council Member Biard. Motion carried, 4 ayes - 0 nays. Since the Consent Agenda was re-opened, Mayor Freelen asked for a motion to approve all of the changes. A Motion to approve the items with the changes, was made by Council Member Biard and seconded by Council Member Wilson and Council Member Strathern. Motion carried, 4 ayes - 0 nays. 5. Presentation by Ms. Cindy Cobb for East Texas Marketing Magazine. Cindy Cobb was not present for the meeting. 6. Consideration of and action on the following ordinances: A. ORDINANCE NO. 2007-020: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 13, FLOOD DAMAGE PREVENTION AND CONTROL OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS TO ADOPT A REVISED FLOOD DAMAGE PREVENTION ORDINANCE BASED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA) MODEL FLOODPLAN MANAGEMENT ORDINANCE DESIGNATING A FLOODPLAIN ADMINISTRATOR; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, AS SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Regular City Council Meeting August 13,2007 Page 7 A Motion to approve this item was made by Council Member Biard and seconded by Council Member Wilson. Motion carried, 4 ayes - 0 nays. 7. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2007-086: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN KEVIN CARRUTH AND THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Kent McIlyar pointed out that the changes Council requested to the Contract had been made and that copies had been provided to Council, as well as to Kevin Carruth. Council Member Biard said he would like a section added to the Contract that states if there are any inconsistencies between the Contract and the City Charter, that the City Charter would control. Kent McIlyar told Council he would add the language. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Wilson. A Motion to Amend the Motion that the Contract be approved with the change set out above was made by Council Member Biard and seconded by Council Member Wilson. Motion carried, 4 ayes - 0 nays. B. RESOLUTION NO. 2007-087: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACKNOWLEDGING FORMAL RECEIPT OF THE 2007 CERTIFIED APPRAISAL ROLL FOR TAX APPRAISAL PURPOSES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Council Member Wilson wanted to know what the net raise on appraisals was for last year in comparison to this year. Gene Anderson said he did not have that information, but would get it for Council. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Wilson. Motion carried, 4 ayes - 0 nays. C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A LANDLORD'S CONSENT AGREEMENT (A TTORNMENT) TO SUBORDINATE ITS LANDLORD'S LIEN ON THE FAIRGROUND PROPERTY FOR PROPOSED Regular City Council Meeting August 13,2007 Page 8 IMPROVEMENTS TO BE MADE BY THE RED RIVER VALLEY FAIR ASSOCIATION, INe.; 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 Wilson and seconded by Council Member Biard. Council Member Strathern wanted to know which department was overseeing the improvements to ensure everything was being handled appropriately. Kent told Council the City did not have a designated property manager. Council Member Wilson said the only person that could do it was the City Attorney, because it was a lease. Kent said he would get with Lisa Wright and Shawn Napier with regard to this matter and report back to Council. vote. Motion carried, 3 ayes - 1 nay, with Council Member Strathern casting the dissenting Council Member Wilson asked Council Member Strathem ifhe would like to hold off on this item until they get the report. Council Member Strathem answered in the affirmative. A Motion to reconsider this item was made by Council Member Strathern and seconded by Council Member Biard. Motion carried, 4 ayes - 0 nays. A Motion to table this item was made by Council Member Wilson and seconded by Council Member Biard. Motion carried, 4 ayes - 0 nays. D. RESOLUTION NO. 2007-088: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING THE BID FOR THE PURCHASE OF SELF-CONTAINED BREATHING APPARATUSES (SCBA) FOR USE IN THE FIRE DEPARTMENT AND W ATERlSEWERDEP ARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELA TED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Biard. Motion carried, 4 ayes - 0 nays. E. RESOLUTION NO. 2007-089: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, IN RESPONSE TO GOVERNOR'S VETO OF CERTAIN FUNDING FOR PARIS JUNIOR COLLEGE AND OTHER STATE COMMUNITY COLLEGES AND COMMENTS MADE BY GOVERNOR PERRY ABOUT COMMUNITY COLLEGE REQUEST FOR FUNDING; MAKING OTHER FINDINGS AND PROVISIONS RELA TE DOT THE SUBJECT; AND Regular City Council Meeting August 13, 2007 Page 9 DECLARING AN EFFECTIVE DATE. Dr. Pam Anglin, President of Paris Junior College, expressed appreciation for their consideration of this resolution. She stated the governor used his line item veto to strike the health insurance appropriation for all ofthe community colleges in the State of Texas. She went on to say this would mean a loss to PJC in the amount of$1,258,000.00 in 2008-2009,8% oftheir operating budget. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Strathern. Motion carried, 4 ayes - 0 nays. F. RESOLUTION NO. 2007-090: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT WITH NORTH LAMAR INDEPENDENT SCHOOL DISTRICT FOR PROVISION OF SCHOOL RESOURCE OFFICER SERVICES; 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 Biard and seconded by Council Member Strathern. Motion carried, 4 ayes - 0 nays. G. RESOLUTION NO. 2007-091: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT WITH PARIS INDEPENDENT SCHOOL DISTRICT FOR PROVISION OF SCHOOL RESOURCE OFFICER SERVICES; 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, 4 ayes - 0 nays. H. RESOLUTION NO. 2007-092: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS AND REGION 4 EDUCATION SERVICE CENTER, FOR THE COOPERATIVE PURCHASING NETWORK (TCPN), PROVIDING FOR A COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES; DESIGNATING DIRECTOR OF FINANCE, GENE ANDERSON, AS OFFICIAL REPRESENTATIVE OF THE CITY OF PARIS RELATING TO THE PROGRAM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Regular City Council Meeting August 13,2007 Page 10 A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Biard. Motion carried, 4 ayes - 0 nays. 8. Appointing an auditor to conduct the Independent Annual Audit as required by Section 35 of the Charter ofthe City of Paris for the fiscal year ending September 30,2007. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Biard. Motion carried, 4 ayes - 0 nays. 9. Discussion, selection, and appointment of members to City Council Task Force on Code Enforcement. Mayor Freelen informed Council he had a list of applicants who were interested in serving on the Task Force. He stated that each Council Member would select one individual and four would be selected at large. Council Member Wilson said that Council Member Fisher had recommended Oscar Johnson, but that Council Members Gray and Brown had not forwarded names. He said they needed input from the entire Council. Further, Council Member Wilson said he wanted to schedule the next Task Force meeting for Thursday, August 30th. Without having input from the other Council Members, Mayor Freelen asked for a motion to table this item. A Motion to table this item was made by Council Member Biard and seconded by Council Member Wilson. Motion carried, 4 ayes - 0 nays. 10. Convene in Executive Session 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 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 ofthe State Bar of Texas, regarding the following matters: A. Jim Bell vs. The City of Paris, Texas, Cause No. 75213, pending in the 62nd Judicial District Court for Lamar County, Texas. Mayor Freelen convened Council into Executive Session at 7:34 p.m. 11. Reconvene in open session to consider and take necessary action as deemed appropriate regarding those matters discussed in the Executive Session. Mayor Freelen convened Council into open session at 7:42 p.m. Regular City Council Meeting August 13,2007 Page 11 A Motion that the City does not appeal the judgment issued in Cause No. 75213 and incur additional expenses, and that the City Manager be authorized to abide by the Court's Order was made by Council Member Biard and seconded by Council Members Strathern and Wilson. Motion carried, 4 ayes - 0 nays. 13. Review, and acceptance of Monthly Financial Report. A Motion to accept the Monthly Financial Report was made by Council Member Wilson and seconded by Council Member Biard. Motion carried, 4 ayes - 0 nays. 14. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. A. Planning & Zoning Workshop to be held in Paris September 14,2007. A Motion to pay the registration fee of$60.00 for any Council Member who wants to attend the workshop was made by Council Member Wilson and seconded by Council Member Biard. Motion carried, 4 ayes - 0 nays. Council Member Biard and Council Member Wilson stated they plan to attend the workshop. 15. Possible future agenda items. Council Member Wilson stated they need to have budget workshops and discussions. Council Member Strathern requested a discussion and action item regarding Council's goals and objectives be placed on the next Agenda. 16. Information Items: A. Update and explanation of the City's participation in CAPP (Cities Aggregation Power Project). B. Water and Sewer call information. C. ATMOS Statement of Rider GCR - Rate Filing under docket No. 9670. 17. City Manager report and observations on City management and operations. Ernie Clark was unable to attend the meeting, because of illness.