06 City Council MinutesCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
4-8-2008
Council Date:
4-14-2008 Originating Department:
City Clerk Presented By:
Janice Ellis Agenda Item No.:
6
RECOMMENDED MOTION:
Motion to approve as presented.
POLICY ISSUE~S~:
Approval of Official Record of Council.
BACKGROUND:
Council Minutes from the meeting on March 24, 2008
BOARD~COMMISSION RECOMMENDATION:
EXHIBITS:
The attached minutes from the meeting of March 24, 2008
ACTION: BUDGET INFO:
^ Financial Report ®Minute Order Expense $
^ Department Report ^ Resolution Budgeted Amt. $
^ Presentation ^ Ordinance YTD Actual $
^ Public Hearing ^ Other Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
®Administration ®City Clerk ^ Community Development ^ EMS/IT ^ Finance ^ Fire
^ Municipal Court ^ Legal ^ Library ^ Police ^ Eng./Public Works ^ Utilities
City of Paris , ~ O ~ Revised 2/04/08
REGULAR MEETING
OF THE CITY COUNCIL, CITY OF PARIS
March 24, 2008
The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, March
24, 2008, at the City Council Chamber, 107 E. Kaufman, Paris, Texas.
Present: Mayor: Jesse James Freelen
Council Members: Mary Ann Fisher; Stephen Brown; Will Biard;
Don Wilson; and Bill Strathern, Mayor Pro
Tem
City Staff: Kevin Carruth, City Manager; Kent McIlyar,
City Attorney; Janice Ellis, City Clerk; Gene
Anderson, Finance Director; Shawn Napier,
City Engineer; Lisa Wright, Community
Development Director; Tom Hunt, Municipal
Court Judge; and Doug Harris, Interim Director
of Utilities
Absent: Council Member: Kevin Gray
Opening Agenda
Call meeting to order.
Mayor Freelen called the meeting to order at 6:05 p.m.
2. Invocation.
Gene Anderson gave the invocation.
3. Pledge of Allegiance.
Council Member Biard led the pledge.
4. Citizens Forum.
Mack Ross, 3475 Reno Drive -expressed concern about Eric Clifford not following city
ordinances for development in Oak Creek.
Erin Jenkins, 459 N.E. 5`h Street -expressed concern about running sewer at a location of
which a house had been demolished on 5`h street.
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Regular City Council Meeting
March 24, 2008
Page 2
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 referenced item 18 of the March 10,
2008 Council Minutes. He said that Kunforad should be corrected to Krunforad. Subject to the
correction, Council Member Fisher made a Motion to approve the Consent Agenda and Council
Member Brown seconded the Motion. The Council voted six (6) for and none (0) opposed to
approve and adopt the Consent Agenda, Items 5, 6a, 6b, 6c, 6d, 6e, 6f, 7, 8, and 9.
5. Deliberate and act on the approval of minutes from the meetings on March 3, 2008 and March
10, 2008.
6. Receive and deliberate on reports and/or minutes from the following boards, commissions,
and committees:
a. PEDC (2-12-2008).
b. Traffic Commission (3-4-2008).
c. Historic Preservation Commission (2-13-2008).
d. Building and Standards (10-15-2007).
e. Airport Advisory Board (1-17-2008).
f. City Council Task Force on Code Enforcement (2-19-2008 and 3-4-2008)
7. RESOLUTION N0.2008-023: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS, AUTHORIZING AND APPROVING THE EXECUTION OF A
CONTRACT BETWEEN THE CITY OF PARIS AND STEVE COKER TO MANAGE,
INSTRUCT AND COORDINATE THE BASEBALL AND SOFTBALL PROGRAMS FOR
THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
8. RESOLUTION N0.2008-024: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS, ACCEPTING THE RESIGNATION OF DR. GLEB BOURIANOFF AS
MEDICAL DIRECTOR OF THE CITY OF PARIS; APPOINTING DR. EDUARDO
WILKINSON TO SERVE AS MEDICAL DIRECTOR FOR THE EMERGENCY MEDICAL
SERVICE OF THE CITY OF PARIS; APPROVING AND AUTHORIZING THE
EXECUTION OF AN EMS MEDICAL CONTROL AGREEMENT WITH DR. EDUARDO
WILKINSON; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
9. Deliberate and acceptance of February monthly financial report.
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Regular City Council Meeting
March 24, 2008
Page 3
Regular Agenda
10. Deliberate and act on presentation of water and sewer capital improvement program.
Kevin Carruth explained that the City Council had listed this item as one of their goals for the
City. Mr. Carruth said the plan consisted of water and sewer projects that had been prioritized by
Engineering, Water Distribution and Sewer Maintenance Departments. Shawn Napier presented the
water and sewer capital improvement lists to Council. He told Council raising rates would not
accomplish this goal, but that bonds would need to be sold or certificates of obligation issued. Mr.
Napier also stated that the street replacement list would be determined by the water and sewer line
replacements.
11. Presentation of an officer allocation study for the Paris Police Department.
Marlon Price of Law Enforcement Management Services (LEMS) presented the Officer
Allocation Study for the Paris Police Department. Mr. Price's analysis concluded there were no
recommended changes.
12. ORDINANCE N0.2008-008: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS, ADDING A NEW CHAPTER 11.5 ENTITLED FENCE
REGULATIONS TO THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS;
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.
Lisa Wright told Council the proposed ordinance would declare dilapidated fences a public
nuisance; would require a permit to erect a fence; would establish approved fencing material for the
various zoning districts; would prohibit front yard fences in residential areas on lots under 2 acres in
size; would require screening devices for wrecking yards, junkyards, salvage yards, demolition
businesses, and recycling businesses; and would provide for removal of fences if violations occurred.
Ms. Wright depicted a power point presentation reflecting photos of dilapidated fencing, hodge-
podge, and unfinished fencing. Ms. Wright explained that in the past staff had not been able to track
the building offences, because the City did not require a permit to install a fence. Gene McWaters
addressed the Council concerning requirements of fence permits on top of building permits when
constructing new subdivisions. Council discussed Mr. Water's concerns. Lisa Wright said they
could include fence permits with building permits on new construction.
Subject to fencing permit fees being waived if built in conjunction with a building permit for
new construction, a Motion to approve this item was made by Council Member Biard and seconded
by Council Member Brown. Motion carried, 6 ayes - 0 nays.
13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ESTABLISHING CITY COUNCIL'S CONSIDERATION TO FINDINGS AND
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RECOMMENDATIONS OF THE LAKE PAT MAYSE WATER STUDY COMMITTEE;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
Mayor Freelen said Council directed staff at the March 3 and March 10, 2008 meetings, to
draft a resolution stating what the Council intended to do once the Lake Pat Mayse Study Committee
presented it's findings. Specifically, if the Committee determined there was no water available then
the sentiment of the Council was not to sell water. Conversely, if the Committee finds excess water
is available for sale, the Council recommends that approval for the sale of water be sought by the
voters. Council Member Strathern said the citizens had a right to vote according to the initiative
petition that was filed with the City Clerk whether or not Council passes this resolution. Kent
McIlyar advised that Council had sixty days to consider the petition once the City Clerk certifies they
have a sufficient number of signatures. Mr. McIlyar said once the petition was certified, Council
could then make a decision as whether or not to adopt the proposed ordinance as written in the
initiative petition. Should the ordinance go to the voters, Mr. McIlyar told Council the next uniform
election date was in November of 2008. Council Member Strathern inquired if Council could
approve the sell of water prior to November 2008. Kent McIlyar answered in the affirmative.
Council Member Wilson said this resolution confirmed Council was not going to sell water without
sending it to the voters. Mayor Freelen said this action did not have anything to do with the petition.
He went on to say they were asking the next Council to let the voters have the opportunity to make
the decision, based upon the findings of the Water Study Committee. Council Member Biard inquired
the difference between Council adopting an ordinance that would require the voters to approve any
sale of water and the passage of the initiative which was more prohibitive, because it would prohibit
the sale of raw water to local entities. Kent McIlyar stated it was his understanding that Council
wanted an ordinance that would prohibit the sale of water outside Lamar County, contingent upon
the findings of a body that had not met yet and that was what he was opposed to. He went onto say
that Council had the authority to pass such an ordinance without any contingencies, prior to
November 2008. Kent McIlyar said Council could not legally delegate that type of authority to a
committee that was not elected by the citizens. Council Member Wilson suggested for clarification
purposes they not have a resolution, but vote on an ordinance that says the City of Paris cannot sale
water without a vote of the citizens. Council Member Biard said Council needed to address the
initiative petition, but that he did not have any concerns in putting a sale of water to the citizens.
Council Member Biard said the problem with the initiative petition was that it prohibited the Council
from negotiating with local industry for an increase of their water supply. He said he did not believe
that everyone that signed that petition understood that. Council Member Wilson said he thought they
should put in ordinance form that this Council or future Councils could not sell water without the vote
of the citizens. Council Member Wilson said if the Committee deemed there was not excess water
to sell there would be no more discussions. Council Member Biard asked that staff present Council
with an ordinance that would prohibit the sale of water outside of Lamar County without first taking
it to the voters, should the Water Committee deem there was an excess amount of water. Council
Member Biard expressed concern about industries relocating to Paris, because they would want to
know if the City was going to be able to sell them water prior to making a commitment. Kent McIlyar
informed Council there were several issues that he needed to address in an executive session with
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Regular City Council Meeting
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Council prior to action being taken.
No action was taken. Staff was instructed to bring an ordinance to the next meeting for
Council's consideration.
14. RESOLUTION N0.2008-025: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS; EXPRESSING THE SENTIMENT OF THE CITY COUNCIL TO
INDIVIDUALLY AND COLLECTIVELY PROTECT THE INDEPENDENCE OF THE
LAKE PAT MAYSE STUDY COMMITTEE; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE
DATE.
Council Member Strathern said he had a problem with Council Members not being allowed
to attend the meetings of the Study Committee. Mayor Freelen expressed concern about Council
getting involved with the Committee and giving them direction. Mayor Freelen stated that staff
would provide the Committee with all of the information in their possession. Kevin Carruth reiterated
that a binder containing every piece of paper the City had on this issue would be given to each
member. Mayor Freelen said he wanted the citizens to know that the Committee would be making
recommendations without influence of the City Council. As a citizen, Council Member Strathern said
he wanted to go to the meetings, so that he would be knowledgeable about the process.
Subject to the word "periodically" being eliminated and allowing council members to attend,
but not to participate in the meetings, a Motion to approve this item was made by Council Member
Wilson and seconded by Council Member Biard. Motion carried, 6 ayes - 0 nays.
15. Deliberate and act on targets for FY 2008-2009 budget expenditures and tax rate.
Kevin Carruth recommended delaying action on this item until May or June, so that. staff
would have two to three months of sales tax information, economic forecasts, and could fully analyze
the impact of a senior tax freeze.
Council Member Strathern expressed concern about Council changing in May, which could
possibly result in a lack of experience in the budget process. Council Member Wilson stated without
enough data, it would be difficult to make the best decisions during the budget process. Gene
Anderson said he had not had sufficient time to study the effect of a possible tax freeze. It was a
consensus of the Council to take no action until sufficient information is gathered.
16. Deliberate and act on strategic planning process.
Kevin Carruth stated this was one of the Council's goals and objectives, and that the plan
envisioned astaff--only approach. Mr. Carruth went on to say that Dr. Pam Anglin's presentation
outlined this was not a successful approach, but that she recommended a process that involved the
public, council and staff. He also said that Pete Kampfer had offered to advocate PEDC funding for
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Regular City Council Meeting
March 24, 2008
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a consultant to lead the staff in this effort. Council Member Strathern stated the public was involved
two years ago when a city survey was done. Mayor Freelen wanted to know how much time the
process would take. Mr. Carruth said it would take from six to nine months. Council Member Biard
emphasized that Council had given Mr. Carruth a goal to meet and that Council should give him the
tools to meet the goal.
A Motion for the City to partner with Pete Kampfer to engage the services of a consultant to
develop a strategic plan was made by Council Member Brown and seconded by Council Member
Biard. Motion carried, 5 ayes - 1 nay, with Council Member Strathern casting the dissenting vote.
17. Deliberate on City of Paris payroll trends.
Mayor Freelen informed Council he would need a motion to remove this item from the table
prior to deliberating. A Motion to move this item from the table was made by Council Member Biard
and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays.
Council Member Wilson brought to the attention of Council that over the past several years
the number of employees had decreased, but that payroll had increased. He expressed concern about
the expenditures and stated he did not want the City to get in the financial shape it was several years
ago when there was a trend of overspending. Gene Anderson said it was a trend that needed to be
reviewed and watched closely.
18. Convene in Executive Session pursuant to Section 551.074 of the Texas Government Code,
to discuss personnel matters as follows:
a. Annual evaluation of the City Attorney.
b. Annual evaluation of the Municipal Court Judge.
c. Six-month evaluation of the City Manager.
Mayor Freelen convened Council into executive session at 9:10 p.m.
19. Reconvene in Open Session to possibly deliberate or take action regarding those matters
discussed in the Executive Session.
Mayor Freelen reconvened Council into open session at 11:00 p.m. and announced that
Council completed the evaluations and they would bring the forms back to the next meeting.
20. Deliberate on possible future agenda items.
None were referenced.
21. Adjournment.
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Regular City Council Meeting
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There being no further business, a Motion to adjourn was made by Council Member Brown
and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. The meeting was
adjourned at 11:00 p.m.
JESSE JAMES FREELEN, MAYOR
JANICE ELLIS, CITY CLERK
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