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05 Approval of Official Record of CouncilCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 04/01 /09 Council Date: 04/13/09 Originating Department: City Clerk Presented By: Janice Ellis Agenda Item No.: 5. RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE(S): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meeting of March 23, 2009. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meeting of March 23, 2009 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: Z Administration E City Clerk ❑ Community Development ❑ EMS/IT ❑ Municipal Court ❑ Legal ❑ Libraty ❑ Police ❑ Eng./Public Works ❑ Finance ❑ Fire ❑ Utilities City of Paris Revised 2/04/08 ' . 0 000~. REGULAR MEETING OF THE CITY COUNCIL, CITY OF PAR1S March 23, 2009 The City Council of the City of Paris met for a regular session at 5:30 P.M. on Monday, March 23, 2009, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Joe 1V1cCarthy; Kevin Kear; Stephen Brown; Will Biard; Edwin Pickle; and Rhonda Rogers City Staff: Kevin Carruth, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Shawn Napier, City Engineer; Ronnie Grooms; Fire Chief; Doug Harris, Director of Utilities; Priscilla McAnally, Library Director; and Bob Hundley, Interim Police Chief Opening Agenda Call meeting to order. Mayor Freelen called the meeting to order at 5:35 p.m. 2. Invocation. Reverend Price gave the invocation. 3. Pledge of Allegiance. Council Member Pickle led the pledge. 4. Citizens' forum. Charles Keys, 950 Key West Road, Reno, Texas - he asked the City Council to reconsider the applications for disannexation. Consent Agenda 5. Deliberate and act on the approval of minutes from the meeting on March 9, 2009. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: Regular City Council Meeting March 23, 2009 Page 2 a. Historic Preservation Commission (2-23-09) 7. Deliberate on Casa Bonita demolition project. Council Member Rogers made a Motion to approve the Consent Agenda and Council Member McCarthy seconded the Motion. The Council voted seven (7) for and none (0) opposed to apprave and adopt Consent Agenda Items 5, 6 and 7. Regular Agenda 8. Deliberate on February monthly financial report. Gene Anderson presented the February financial report and answered yuestions from City Council. 9. Report on goals and objectives. Kevin Carruth gave his monthly report on goals and objectives. 10. Deliberate on presentation of strategic business plan. Kevin Carruth presented the strategic business plan for the city departments. It was a consensus of Council to have Kevin Carruth schedule a meeting with Pam Anglin to receive her input on a ten year plan. Mr. Carruth also suggested they meet with Pete Kampfer, which was agreed upon. 11. Deliberate on update of water and sewer capital improvements. Shawn Napier gave the quarterly update on water and sewer capital improvements. 12. Deliberate on presentation of FY 2008-2009 audit report. Tom Hensel from McClanahan and Holmes gave a presentation of the FY 2008-2009 audit report. Council did not ask any questions of Mr. Hensel. 13. Deliberate, provide direction to staff, and possibly act on an application for disannexation of approximately 1.479 acres of land located on Highway 271 North, forming a portion of the current outer boundaries of the city limits of the City of Paris in response to an application for such disannexation filed by John Dusenberry. A Motion to retain the property in the City was made by Council Member McCarthy and seconded by Council Member Rogers. Motion carried, 6 ayes - 1 nay, with Council Member Brown casting the dissenting vote. f) 0 0 W> Regular City Council Meeting March 23, 2009 Page 3 14. Deliberate, provide direction to staff, and possibly act on an application for disannexation of approximately 1.265 acres of land located on FM 79, fonning a portion of the current outer boundaries of the city limits of the City of Paris in response to an application for such disannexation filed by J.T. Stephens and Margaret Stephens. A Motion to retain the property in the City was made by Council Member Pickle and seconded by Council Member Rogers. Motion carried, 6 ayes - 1 nay, with Council Member Brown casting the dissenting vote. 15, Deliberate, provide direction to staff, and possibly act on an application for disannexation of approximately 39.12 acres of land located on FM 79, forming a portion of the current outer boundaries of the city limits of the City of Paris in response to an application for such disannexation filed by David R. Robinson. A Motion to retain the property in the City was made by Council Member Biard and seconded by Council Member McCarthy. Motion carried, 6 ayes - 1 nay, with Council Member Brown casting the dissenting vote. 16. Third reading, deliberate and act on ORDINANCE NO. 2009-011: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, GRANTING TO STEVE B. RANEY AND WENDY L. RANEY, DBA YELLOW CAB COMPANY, AN EXTENSION OF AN EXISTING FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR A PERIOD OF ONE(1) YEAR, BEGINNING JANUARY 11, 2009, THE DATE OF TERMINATION OF THE EXISTING FRANCHISE, AND ENDING JANUARY 10, 2010, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE FOR SUCH PRIVILEGE AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR MINIMUM LIABILITY INSURANCE REQUIREMENTS FOR GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AN EFFECTIVE DATE. City Attorney Kent McIlyar read the ordinances for items 16,17 and 18. A Motion to approve items 16, 17 and 18 was made by Council Member McCarthy and seconded by Council Member Biard. Motion carried, 7 ayes - 0 nays. 17. Third reading, deliberate and act on ORDINANCE NO. 2009-012: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, GRANTiNG TO STEVE B. Regular City Council Meeting March 23, 2009 Page 4 RANEY AND WENDY L. RANEY, DBA CITY CAB COMPANY, AN EXTENSION OF AN EXISTING FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR A PERIOD OF ONE(1) YEAR, BEGINNING JANUARY 11, 2009, THE DATE OF TERMINATION OF THE EXISTING FRANCHISE, AND ENDING JANUARY 10, 2010, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDiNG FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE FOR SUCH PRIVILEGE AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR MINIMUM LIABILITY INSURANCE REQUIREMENTS FOR GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID BU5INESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AN EFFECTIVE DATE. 18. Third reading, deliberate and act on ORDINANCE NO. 2009-013: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, GRANTING TO DAVID THOMPSON, DBA LONE STAR CAB COMPANY, AN EXTENSION OF AN EXISTING FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR A PERIOD OF ONE(1) YEAR, BEGINNING JANUARY 11, 2009, THE DATE OF TERMINATION OF THE EXISTING FRANCHISE, AND ENDING JANUARY 10, 2010, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE FOR SUCH PRIVILEGE AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR MINIMUM LIABILITY INSURANCE REQUIREMENTS FOR GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AN EFFECTIVE DATE. 19. First reading, deliberate and possibly act on ORDINANCE NO. 2009-014: AN ORDINANCE OF THE CITY OF PARIS, TEXAS, DECLARING UNOPPOSED CANDIDATES IN CITY COLTNCIL DISTRICTS 4,5 AND 7 FOR THE MAY 9, 2009 GENERAL ELECTION BE ELECTED TO OFFICE; DETERMINING THAT NO ELECTION BE HELD IN DISTRICTS 4, 5 AND 7; DIRECTING THAT A COPY OF THIS ORDINANCE BE POSTED AT APPROPRIATE POLLING PLACES; DIRECTING THAT CERTIFICATES OF ELECTION BE ISSUED TO THE UNOPPOSED CANDIDATES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A Regular City Council Meeting March 23, 2009 Page 5 SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A Motion to invoke the super majority rule was made by Council Member Kear and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. A Motion to approve this item was made by Council Member Kear and seconded by Council Mernber McCarthy. Motion carried, 7 ayes - 0 nays. 20. Deliberate and act on a 1,540 foot eastern extension of the Trail de Paris from its cunent east end to the Reno City limits; and authorizing the City Manager to negotiate and execute all necessary documents. Shawn Napier explained this project with the City of Reno would extend the Trail de Paris from its current end at Old Clarksville Road to Airport Road. He said the origina] cost was estimated at $370,000 but through donations of cash and in-kind services and materials, the latest cost estimate was $111,348. Mr. Napier also said six different foundations had donated $119,000 to the project and R.K. Hall Gonstruction had agreed to pave the trail at their cost. A Motion to approve this itein was made by Council Member Biard and seeonded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 21. Deliberate and act on a project by the local United Way to install signs and pavement markings on and along the north-south trail between the Sports Complex and the Trail de Paris as part of the "Born Learning Trail," and authorizing the City Manager to negotiate and execute all necessary documents. Sherry Wright with United Way gave a presentation to City Council explaining their proposal to install 10 "Born Learning" signs along the Sports Complex Trail between the Pavilion parking lot and the Trail de Paris on April 18", in conjunction with their Day of Caring. A Motion to approve this item was made by Council Member Rogers and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. 22. RESOLUTION N0.2009-026: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING THE BID, APPROVING THE FORM OF THE LEASE, AND AUTHORIZING THE EXECUTION OF A PASTURE LEASE AGREEMENT FOR APPROXIMATELY 165 ACRES OF LAKE GIBBONS PROPERTY FOR THE PASTURE RIGHTS; 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 Brown and seconded by Council . 0 0 f)0 F1 Regular City Council Meeting March 23, 2009 Page 6 Member Biard. Council Member Rogers said she was not in favor of comnitting to a ten year lease. Shawn Napier said this had been bid out. Council discussed the possibility of a five year lease, as well as the five year lease with a five year option. Council Member Brown withdrew his Motion and Council Member Biard withdrew his second to the Motion. Council Member Biard made a Motion to approve the lease for five years, if the bid specs did not include an additional five year option. Council Member Kear seconded the Motion. In the alternative, Council Member Biard made a Motion to approve the lease for five years with a five year additional option, if the bid specs included an additional five year option. Counci] Member Kear seconded the Motion. Motion carried, 7 ayes - 0 nays. 23. RESOLUTION NO. 2009-027: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING THE BID, APPROVING THE FORM OF THE LEASE, AND AUTHORIZING THE EXECUTION OF A HAY LEASE AGREEMENT FOR APPROXIMATELY 250 ACRES OF LAKE GIBBONS PROPERTY FOR THE HAY CROP; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Contingent upon the same conditions in item 22, a Motion to approve this item was made by Council Member Biard and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 24. RESOLUTION NO. 2009-028: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE CITY TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT WITH NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTGOG) TO HIRE GABRIEL ROEDER SMITH & COMPANY TO CONDUCT ACTUARIAL CONSULTING SERVICES OF THE CITY'S OTHER POST EMPLOYMENT BENEFITS AS REQUIRED BY GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENT 45; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTNE DATE. Gene Anderson said staff was proposing to join 101 other Texas cities in using the negotiated actuarial services obtained under a request for proposal by the North Central Texas Council of Governments. Mr. Anderson also said that the City expected to have a 40% cost savings compared to the price it could negotiate on its own behalf for these services. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. . O'i Regular City Council Meeting March 23, 2009 Page 7 25. Deliberate and possibly act on a request from the Airport Advisory Board to construct ten T hangars at Cox Field Airport. Jerry Ritchey, airport manager and Council Member Pickle proposed that the City fund the construction of ten new hangars for $480,000. Mr. Ritchey said there was a waiting list of 29 requesting hangars. Council Member Pickle expressed the importance of the airport and Council Member Brown said this proposal needed additional review. Council Member Kear expressed concern about the $48,000 cost per unit and the return on investment. Council discussed applying for grants to help fund the project. Mayor Freelen said prior to moving forward, he wanted written confirmation from TxDOT that the project met their approval. 26. Deliberate and act on appointing representatives to a joint Council/PEDC Committee to discuss the Main Street Program. Kevin Carruth proposed appointing Mayor Freelen and Mayor Pro-Tem McCarthy to serve as Council representatives on the Committee. It was a consensus of the City Council to appoint Mayor Freelen and Mayor Pro-Tem McCarthy to the Committee. A Motion to move item 28 forward was made by Council Member Pickle and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. 28. Convene into Executive Session pursuant to Section 551.087 of the Texas Government Code to discuss and deliberate on an offer of a financial or other incentive to a business prospect to locate, stay, or expand in Paris and consider any commercial and financial information related to the business prospect. Mayor Freelen convened City Council into Executive Session at 7:47 p.m. 27. Convene into Executive Session pursuant to Section 551.074 of the Texas Government Code, to deliberate the appointment, employment, evaluation, reassignment duties, discipline, or dismissal of the City Manager. After discussing item 28, City Council remained in Executive Session to discuss item 27. 29. Reconvene into open session. Mayor Freelen reconvened City Council into open session at 9:20 p.m. 30. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. A Motion to approve Council Member Rogers, Council Member Pickle and Mayor Freelen's 00 (1C11)0 r:s Regular City Council Meeting March 23, 2009 Page 8 attendance at the Lamar County Days in Austin, Texas on April 22"d and April 23`d was made by Council Member Biard and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. 31. Adjournment. There being no further business, a Motion to adjourn was made by Council Member McCarthy and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. The meeting was adjourned at 9:22 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK w 0 0