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05-Council MinutesCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 06/13/09 Originating Department: Presented By: A,genda Item No.: Council Date: 06/22/09 City Clerk Janice Ellis 5. RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE(S): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meeting of June 8, 2009. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meeting of June 8, 2009 ACTION: BUDGET INFO: ❑ Financial Report Z Minute Order Expense $ ❑ Department Report ❑ Resolution ❑ P i Budgeted Amt. $ resentat on ❑ Ordinance ❑ Public Hearin ❑ O h y'I'D Actual $ g t er Acct. Name Acct. Number FiscAL NoTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Communiry Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris El 0 C 0 0 1 Revised 2/04/08 REGULAR MEETING OF THE CTTY COUNCIL, CITY OF PARIS June 8, 2009 The City Council of the City of Paris met for a regular session at 5:30 P.M. an Monday, June 8, 2009, at the City Council Chamber, 107 E. Kaufinan, 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 Mcllyar, City Attorney; Janice Ellis, City Clerk; Ronnie Grooms, Fire Chief; Doug Harris, Director of Utilities; Tom Hunt, Municipal Judge; and Bob Hundley, Interim Police Chief Openin,g Agenda 1. Call meeting to order. Mayor Freelen called the meeting to order at 5:30 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Brown led the pledge. 4. Citizens' forum. Don Holladay, 3935 Oleander Street - he invited Cou.ncil Members and city staffto go by his property to look at the drainage issues prior to him repairing them. David Solcolsky, President of Daisy Soux CreamlManager of Daisy Farms - he said they wanted to be a part of the Paris Community and were willing to make an investment, if given a long term water commitment. James Price, 1230 W. Shiloh - he expressed concern about the deterioration of One Oak and West Gate complexes. Lawrence Price, owner of Jones Automotive - he said he had a problem with several high water bills, because of a leak on his property. He said that city staff had been nice and had reduced , U0 el 0 Regular City Council Meeting June 8, 2009 Page 2 his water bill, but that after the leak was repaired he still had a high water bi11. Council Member Brown suggested he have the water department check the meter. Mayor Freelen said that staff would check it. Skipper Steely, 8] 1 W. Sherman - he asked that City Council consider finishing a project from Grand Avenue to Bonham Street and add it in the bond project, should they widen Collegiate Drive. Alex Pickering, with Scott's Sign Company, 3317 N.E. Loop 286 - she said she would like to get the sign ordinance amended, because it hurt businesses. Kevin Carruth said that the Board of Adjustment was scheduled to review the sign ordinance at a future meeting. 5. Introductions, announcements, and recognitions. a. Recognition of Brenda Nafe for assisting the Paris Police Department. Interim Chief Hundley commended Brenda Nafe for her assistance of apprehending a suspect. Mayor Freelen presented a plaque to Ms. Nafe. Consent Agenda 6. Deliberate and act on the approval of minutes from the meeting on May 26, 2009. 7. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Board of Adjustment (4-7-09) b. Lake Pat Mayse Study Committee (5-14-09) c. Planning and Zoning Commission (5-4-09) 8. Deliberate on drainage ditch maintenance report. 9. Deliberate on Casa Bonita demolition project. Council Member McCarthy pointed out that the Board of Adjustment did not have a quoruin at their meeting of April 7, 2009. City Attorney Kent McIlyar said that they would have to re-post the agenda and conduct another meeting. Council Member McCarthy made a Motion to approve the Consent Agenda and Council Member Kear 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. . l.l 0W) rR O Regular City Council Meeting June 8, 2009 Page 3 Regular Agenda 10. First reading, deliberate and possibly act on AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 34-22(b), WATER RATES, AND SECTION 34-23(a), (b) AND (c), SEWER RATES, TO REFLECT CHANGES RECOMMENDED BY THE 2009 COST OF SERVICES RATE STUDY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTNE DATE. Finance Director Gene Anderson introduced Darrell Cline from J. Stowe and Company. Mr. Cline gave a presentation of the rate study. He said that contracts with several large industrial customers require a cost service study to be conducted each year. He also said that residential and commercial rates are examined in the study. Mr. Cline told Council that the study reflected that there should be a 1% increase in residential water rates, which would increase the monthly bill by $1.27. Mr. Cline said this increase in retail water rates would assist in meeting the operating reserve requirement. He said the study also reflected that there should be a 4% increase in residential and commercial wastewater rates, which would increase the monthly bill by $1.63. Mr. Cline said the increase in retail wastewater rates would allow the Wastewater Utility to be self-sufficient. This was a first reading and no action was taken. 11. First reading, deliberate and possibly act on ORDINANCE NO. 2009-020: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO TRANSFER FUNDS FROM A ONE LUMP SUM SINGLE LINE ITEM AND REDISTRIBUTE TO THE APPROPRIATE DEPARTMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTNE DATE. Gene Anderson said this would not increase the budget, but would transfer the $254,361 budgeted line item to the appropriate department. A Motion to invoke the super majority rule was made by Council Member Biard and seconded by Council Member Kear. Motion camed, 7 ayes - 0 nays. A Motion to approve this item was made by Council Member Biard and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. 12. Second reading, deliberate and possibly act on an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING/DENYING A SITE PLAN FOR A DUPLEX DEVELOPMENT IN A PLANNED DEVELOPMENT DISTRICT - HOUSING DEVELOPMENT OR COMMUNITY UNIT DEVELOPMENT (PD-b) ESTABLISHED ON Regular City Council Meeting June 8, 2009 Page 4 LOT 9, CITY BLOCK, 258, LOCATED AT 625 25" STREET NE, 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. Shawn Napier said that the owner had retained a new engineer and a revised site plan should be forthcoming. A Motion to table this item was made by Council Member Biard and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 13. Deliberate and act on the preliminary plat for Lot 9, City Block 258, being number 625 25ih Street N.E. Subject to the recommendations of the City Engineer, a Nlotion to approve the preliminary plat was made by Council Member Brown and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. 14. Second reading, deliberate and act on ORDINANCE NO. 2009-021: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 344(a), APPLICATION AND FEE FOR WATER AND SEWER TAPS, OF CHAPTER 34 OF THE CODE OR ORDINANCES, OF THE CITY OF PARIS, TEXAS TO REVISE AND UPDATE THE WATER AND SEWER TAP FEES; 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. 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 appointment of City Counci] Members to serve as liaisons on cityboards, committees and commissions. A Motion to combine and take action on items 15, 16 and 17 was made by Council Member Rogers and seconded by Council Member Biard. Motion carried, 7 ayes - 0 nays. Council Members completed the process of appointments and elected to serve as liaisons for the following boards, committees and commissions: Mayor Freelen - Lamar County Board of Health, in addition to PEDC and Ark-Tex Council of Governments; ,m uUC05 Regular City Council Meeting June 8, 2009 Page 5 Council Member McCarthy - Ark-Tex Council of Governments, Traffic Commission, and Housing Authority; Council Member Kear - Library Board, in addition to Historic Preservation Commission; Council Member Brown - Visitors and Convention Council, in addition to Building and Standards, Council Member Biard - Board of Adjustment, in addition to Main Street; Council Member Pickle - Municipal Band and Cox Field Airport, in addition to PEDC; and Council Member Rogers - Ark-Tex Council of Govertunents, in addition to Planning and Zoning. 16. RESOLUTION NO. 2009-056: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE ARK-TEX COUNCIL OF GOVERNMENTS AND RECOMMENDING MAYOR FREELEN TO SERVE ON THE EXECUTIVE COMMITTEE OF THE ARK-TEX COUNCIL OF GOVERNMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 17. RESOLUTION NO. 2009-057: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING STEPHEN BROWN AS A MEMBER OF THE VISITORS AND CONVENTION COUNCIL OF THE CHAMBER OF COMMERCE OF LAMAR COUNTY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTNE DATE. 18. RESOLUTION NO. 2009-058: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; ESTABLISHING A FORM AND PROCEDURE FOR COUNCIL MEMBERS TO REQUEST ITEMS TO BE PLACED ON MEETING AGENDAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Manager Kevin Carruth said that at the meeting of December 8, 2008, City Council made the decision to try using the Council Member Agenda Item Request Form and procedures for a six month test period and reyuested that it be placed on this Agenda. Mr. Carruth said the form and procedure was developed because occasionally there had been confusion about Council requested agenda items. He also said using the proposed form ensured that there were no misunderstandings about who made a request, what was requested, or what item was to be addressed. A Motion to approve this item was made by Council Member McCarthy and seconded by m UUG000 Regular City Council Meeting June 8, 2009 Page 6 Council Member Brown. Motion carried, 7 ayes - 0 nays. 19. RESOLUTION NO. 2009-059: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING AND AUTHORIZING THE CITY MANAGER AND OTHER CITY OFFICIALS TO EXECUTE THE APPLICATION AND ALL OTHER NECESSARY DOCUMENTS INCIDENT TO SEEKING A GRANT FROM THE CRIMINAL JUSTICE DNISION OF THE GOVERNOR'S OFFICE, FOR FUNDING FOR THE JUSTICE ASSISTANCE GRANT (JAG) RECOVER ACT PROGRAM FOR LNE SCAN FINGERPRINT EQUIPMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Interim Chief Hundley told Council that the system would allow for inkless fingerprinting and computerization of 10-print fingerprints and palm prints for submission to DPS and comparison with the Police Deparhnent's existing AFIX Tracker fingerprint recognition system. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Pickle. Motion camed, 7 ayes - 0 nays. 20. RESOLUTION NO. 2009-060: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE CITY TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) FOR PARTICIPATION IN THE LAW ENFORCEMENT ANALYSIS PORTAL TO ALLOW THE PARIS POLICE DEPARTMENT TO SHARE INFORMATION WITH OTHER LAW ENFORCEMENT AGENCIES IN THE STATE OF TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Interim Chief Hundley said that the Law Enforcement Analysis Portal (LEAP) was provided by the North Texas Council of Governments. He also said that LEAP would allow the Police Department to share information in their records management system with other law enforcement agencies in the State and allow them to access other data bases of other law enforcement agencies. A Motion to approve this item was made by Council Member Brown and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. 21. Deliberate and seek direction on a construction project to widen a portion of Collegiate Drive in front of the proposed Paris High School and a portion in front of the Civic Center. Kevin Carruth said that the City Council had requested cost estimates for construction, engineering, and surveying be developed, so that a decision could be made as how to proceed with the possible reconstruction and expansion of South Collegiate Drive. City Council discussed at length traffic flow, the need to straighten the street, and the cost of doing the project. In addition, they m 0 0 0 0 0,1 Regu.lar City Council Meeting June 8, 2009 Page 7 discussed options of using certificates of obligation and issuance of general obligation bonds. City Council directed the City Manager to prepare a list of projects to include in a possible bond election, including the three million dollar extension of Collegiate Drive South to Loop 286. Council Member Rogers asked that this item be included on future agendas. 22. Convene into Executive Session a. Pursuant to Section 551.072 of the Texas Government Code to discuss and deliberate the purchase, exchange, lease, or value of real property. b. Pursuant to Section 551.087 of the Texas Government Code to discuss and deliberate an offer of a financial or other incentive to a business prospect to locate, stay, or expand in Lamar County and consider any commercial and financial information related to the business. After a brief recess, Mayor Freelen convened City Council into executive session at 7:44 p.m. 23. Reconvene in open session to deliberate and possibly act on matters discussed in Executive Session. Mayor Freelen reconvened City Council into open session at 8:48 p.m. and announced there was no action to be taken at that time. 24. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. None were referenced. 25. Adjourninent. There being no further business, a Motion to adjourn was made by Council Member Pickle and seconded by Council Member Rogers. Motion carried,7 ayes - 0 nays. The meeting was adjourned at 8:48 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK WOOu