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06 Official Record of CouncilCITY COUNCIL AGENDA ITEM'BRIEFING SHEET Submittal Date: OS/04/09 Council Date: OS/ I 1 !09 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 of Apri127, 2009. BOARD/COMMISSION RECOMMENDATION: E XHIBITS: The attached minutes from the meeting of April 27, 2009 ACTION: BUDGET INFO: ❑ Financial Report ~ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt $ ❑ Presentation ❑ Orlinance y'I'D Actual $ ❑ Public Hearing ❑ Other pcct Name A+cct Number Fisc.AL NoTES: REVIEWED AND APPROVED BY: E Adnunistration E City Clerk ❑ Community Development ❑ EMS/IT ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Finance ❑ Fire ❑ Utilities City of Paris n 000003 Re«sed 2/04/0$ REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS Apri127, 2009 The City Council of the City of Paris met for a regular session at 5:30 P.M. on Monday, April 27, 2009, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Joe McCarthy; 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; and Bob Hundley, Interim Police Chief Onening Agenda 1. Call meeting to order. Mayor Freelen called the meeting to order at 5:35 p.m. 2. Invocation. Bob Bush gave the invocation. 3. Pledge of Allegiance. Council Member Pickle led the pledge. 4. Citizens' forum. No one spoke. Consent Agenda 5. Deliberate and act on the approval of minutes from the meeting on April 13, 2009. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Paris Public Library Advisory Board (2-18-09) 4 ~ OOU0Cl4 Regular City Council Meeting April 27, 2009 Page 2 b. Board of Adjustment (3-23-09) c. Planning and Zoning (3-2-09; 4-6-09) d. Histaric Preservation Commission (3-11-09) 7. Deliberate on report on goals and objectives. 8. Deliberate on report on Casa Bonita demolition project. 9. RESOLUTION NO. 2009-033: A RESOLUTION OF THE CITY COLINCIL OF THE CITY OF PARIS, TEXAS, DECLARING SUPPORT FOR THE SULPHUR RIVER REGIONAL MOBILITY AUTHORITY AND THEIR EFFORTS TO FUND EXPANSION OF U.S. HIGHWAY 69 1N HUNT COUNTY THROUGH THE PASS-THROUGH FINANCING PROGRAM; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Subject to the word "ideal" being corrected to "idea" in agenda item 18 of the April 13`n Council meeting minutes, Council Member McCarthy made a Motion to approve the Consent Agenda and Council Member Rogers seconded the Motion. The Council voted seven (7) for and none (0) opposed to approve and adopt Consent Agenda Items 5, 6, 7, 8 and 9. Regular Agenda 10. Deliberate on March monthly financial report. Council Members asked questions of Gene Anderson. 11. Public hearing, first reading, deliberate, and possibly act on an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOTS 31-a AND 35, CITY BLOCK 250, LOCATED AT 2085 FITZHUGH, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A S1NGLE-FAMILY DWELLING DISTRICT NO. 2(SF-2) TO A COMMERCIAL DISTRICT (C) DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. Mayor Freelen opened the public hearing and asked anyone wishing to speak in support of this item, to please come forward. Johnny Exum spoke in support of this item. Mayor Freelen asked anyone wishing to speak in opposition of this item, to please come forward. With no one else speaking, Mayor Freelen closed the public hearing. - 000005 Regular City Council Meeting Apri127, 2009 Page 3 This ordinance was a first reading and no action was taken. 12. Public hearing, first reading, deliberate, and possibly act on an ORDINANCE OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE, AMENDED, SO AS TO REZONE PART OF LOTS 9 AND 9A, CITY BLOCK 331, LOCATED 1N THE 3700 BLOCK OF BONHAM STREET, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A PLANNED DEVELOPMENT DISTRICT (Pda-f) TO A GENERAL RETAIN DISTRICT (GR) DIRECTING A CHANGE ACCORDINGLY 1N THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. Mayor Freelen opened the public hearing and asked anyone wishing to speak in support this item, to please come forward. Danny Martin spoke in support of this item, on behalf of Jeff Martin. Mayor Freelen asked anyone wishing to speak in opposition of this item, to please come forward. With no one else speaking, Mayor Freelen closed the public hearing. This ordinance was a first reading and no action was taken. 13. RESOLUTION NO. 2009-034: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF PARIS AND PARIS LIVING, A COMMUNITY DEVELOPMENT CORPORATION, TO ADMINISTER THE HOMEBUYER ASSISTANCE PROGRAM FUNDED BY THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AFORESAID AGREEMENT AND ALL OTHER DOCUMENTS NECESSARY TO THE FORMAL APPROVAL OF SAID GRANT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Paris Living Chairman Clifton Fendley told the Council that immediately upon signature of the contract, they were going to contact the State and ask that the State revise the funding pursuant to the 2009 rules. Mr. Fendley said the new rules would change the assistance from $10,000.00 per household to $20,000.00 and would reduce the number of households from twenty households to ten households. City Attorney Kent McIlyar said this was the first time that he had heard about this request. Mr. McIlyar further stated that the application for the grant and the presentation was for a homebuyer assistance grant of twenty homes. Council Member Rogers expressed concern about making changes after approval of this agreement. Mr. Fendley said they did not have to change it. Council Member Rogers inquired if Paris Living would have to bring this back to Council if they decided to reduce the twenty homes to ten homes. Mr. Fendley said they would only make the change if Council requested the change. A Motion to approve this item was made by Council Member McCarthy and seconded by " 00OU06 Regular City Council Meeting Apri127, 2009 Page 4 Council Member Rogers. Motion carried, 7 ayes - 0 nays. 14. RESOLUTION NO. 2009-035: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CONFIRMING THE APPOINTMENT OF HOWARD CORRISTON AS A MEMBER OF THE FIREFIGHTERS' AND POLICE OFFICERS' CIVIL SERVICE COMMISSION OF THE CITY OF PARIS; 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 McCarthy and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. 15. Deliberate and act on a resolution appointing members to various boards, commissions, and committees. After a lengthy discussion, Council made the following appointments: RESOLUTION NO. 2009-036: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING A MEMBER TO THE AIRPORT ADVISORY BOARD; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. City Council re-appointed Vic Ressler to serve on the board. board. RESOLUTION NO. 2009-037: A RESOLUTION OF THE CITY COLJNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT; MAKiNG OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. City Council re-appointed Kyle McCarley and appointed Rick Hundley to serve on the board. RESOLUTION NO. 2009-038: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING MEMBERS TO THE HISTORIC PRESERVATION COMMISSION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. City Council appointed Douglas Cox to serve on the commission. RESOLUTION NO. 2009-039: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING MEMBERS TO THE LIBRARY ADVISORY BOARD; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. City Council re-appointed Deborah Anderson and appointed Audrey L. Lakes to serve on the i .0000 Regular City Council Meeting Apri127, 2009 Page 5 RESOLUTION NO. 2009-040: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING MEMBERS TO THE MA1N STREET ADVISORY BOARD; MAKiNG OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. City Council appointed Wendi Hildreth Signer to serve on the board. RESOLUTION NO. 2009-041: A RESOLUTION OF THE CITY COUNCIL OF PARIS, TEXAS, APPOINTING MEMBERS TO THE PARIS ECONOMIC DEVELOPMENT CORPORATION BOARD; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. City Council appointed M. Pike Burkhart, Sr. and Rick Poston to serve on the board. RESOLUTION NO. 2009-042: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPOINTING MEMBERS TO THE PLANNING AND ZONING COMMISSION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. City Council appointed Bee Garmon and Michael Keith Barnett to serve on the commission. 16. RESOLUTION NO. 2009-043: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE ASBESTOS ABATEMENT AT THE BUILDING KNOWN AS THE ONE OAK PLACE BUILDING; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mayor Freelen inquired about the time-line between the abatement process and demolition of the property. Kevin Carruth said in order to properly bid the demolition project, an evaluation would have to be done after removal of the asbestos. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. 17. RESOLUTION NO. 2009-044: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DECLARING A PORTION OF A CERTAIN SEWER EASEMENT LOCATED ON AND ACROSS PROPERTY BELONGING TO ROGERS-WADE MANUFACTURING COMPANY IS NO LONGER NEEDED AND IS OF NO USE TO THE CITY OF PARIS, ABANDONING THAT PORTION TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO ABANDON SAID SEWER EASEMENT; MAKING ~ ~~P, P V 8 Regular City Council Meeting Apri127, 2009 Page 6 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 McCarthy and seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. Council Member Biard left the room. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. A Motion to return Council Member Biard to the meeting was made by Council Member McCarthy and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. Council Member Biard returned to the room. 18. Deliberate on presentation on new City of Paris website. Kent Klinkerman gave a presentation of the City's new website. 19. Deliberate and act on FY 2009-2010 budget targets for expenditures and ad valorem tax rate. Kevin Carruth told Council that he had directed department heads to prepare their FY 2009- 2010 draft budgets based on the assumption of no additional revenue from FY 2008-2009. A Motion to keep the current tax rate of $0.52 and a General Fund expenditure of $21,280,484 as the targets for budget preparation was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 20. 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 a public officer as follows: a. Annual evaluation of the Municipal Court Judge. b. Annual evaluation of the City Attorney. c. Six-month evaluation of the City Manager. Mayor Freelen recessed Council at 7:45 p.m. for a break and subsequently convened Council into executive session at 7:52 p.m. 21. Reconvene into open session to possibly deliberate or act on those matters discussed in Executive Session. Mayor reconvened Council into open session at 9:23 p.m. and announced there was no action to be taken. m nop{;c9 Regular City Council Meeting Apri127, 2009 Page 7 22. Deliberate and act on rescheduling or cancelling second meeting in May. Council set a special meeting for May 12 to canvass votes and rescheduled the regular meeting of May 25, a holiday to May 26. Council Member Rogers said she would not be in attendance on May 12, because she would be attending her son's graduation. It was a consensus of Council for newly elected candidates to take their oaths on May 26 and elect a mayor and mayor pro-tem at that time. 23. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. A Motion to approve Mayor Pro-Tem McCarthy's attendance at the Black Mayors' Conference was made by Council Member Brown and seconded by Council Member Biard. Motion carried, 6 ayes - 0 nays. 24. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Biard and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. The meeting was adjourned at 9:30 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK - n(~ep1o