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05-Council Minutes CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 08/18/09 Council Date: 08/24/09 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 meetings of August 10, 2009; August 13, 2009; and August 17, 2009 BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meetings ACTION: BUDGET INFO: ❑ Financial Report Z Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration 2 City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris 1 Revised 2/04/08 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS August 10, 2009 The City Council of the City of Paris met for a regular session at 5:30 P.M. on Monday, August 10, 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 McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Financial Director; Tom Hunt, Municipal Judge; Priscilla McAnally, Library Director; Ronnie Grooms, Fire Chief; Doug Harris, Director of Utilities; Shawn Napier, Engineer; Kent Klinkerman, EMS Director; and Bob Hundley, Police Chief Opening Agenda 1. Call meeting to order. Mayor Freelen called the meeting to order at 5:33 p.m. 2. Invocation. Reverend James Price gave the invocation. 3. Pledge of Allegiance. Mayor Freelen asked far a moment of silence in honor of fallen soldier Jay Hoskins. Council Member Pickle led the pledge. 4. Citizens' forum. Consent A,genda Council Member Kear 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. 5. Deliberate and act on the approval of minutes from the meeting on July 27, 2009. w " ~ Regular City Council Meeting August 10, 2009 Fage 2 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Paris Historic Preservation Commission (6-10-09; 7-8-09) b. Planning & Zoning (7-6-09) 7. Deliberate on drainage ditch maintenance report. 8. Deliberate and act on bids for chemicals ta be used at the Water and Wastewater Treatment Plants. 9. Deliberate and act on RESOLUTION NO. 2009-077: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING RESOLUTION NO. 2007-102 WHICH AUTHORIZED AN APPLICATION FOR FUNDING FOR THE TEXAS CAPITAL FUND MAIN STREET AROGRAM FOR SIDEWALK AND OTHER IMPROVEMENT SIN THE DOWNTOWN AREA, TO CORRECT THE NAMES OF CERTAIN STATE DEPARTMENTS. Regular Agenda 10. Second reading, deliberate and possibly act on ORDINANCE NO. 2009-027: 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 LOT 2, CITY BLOCK 308, 1500 WEST WASHINGTON, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A SINGLE FAMILY DWELLING DISTRICT (SF-2) TO A PLANNED DEVELOPMENT DISTRICT (PD-b) HOUSING DEVELOPMENT OR COMMUNITY UNIT DEVELOPMENT 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. Council Member Rogers verified with Gene Anderson that there were no delinquent taxes owed on this property. A Motion to approve this item was made by Council Member Rogers and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. 11. Deliberate and act on the Preliminary Plat of Lot 1, Block A, Kroger Addition, located at 1310 Clarksville Street. Council Member Rogers said she had contacted Kroger about placing a fence between their property and the residential property, because she had numerous complaints about the trash in the •,,N ~ ` - 3 Regular City Council Meeting August 10, 2009 Page 3 alley. She said that Kroger told her they would not put up a fence. Council Member Brown suggested turning the problem over to Code Enforcement. A Motion to deny this item was made by Council Member Rogers. The Motion failed due to the lack of a second. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Pickle. Motion carried, 6 ayes - 1 nay, with Council Member Rogers casting the dissenting vote. 12. Deliberate act on the Preliminary Plat of Lot 1, Block A, Standridge Addition, located in the 2800 Block of Pine Mill Road. A 1Vlotion to approve this item was made by Council Member Brown and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. 13. Deliberate and act on the Preliminary Plat and Fina1 Plat of Lot 1, Block A, Mirabeau Square 287 Addition, located at 3552 Lamar Avenue. City Engineer Shawn Napier said he recommended denial of the final plat, because of the existing condition of the concrete drainage channel. A Motion to approve the preliminary plat was made by Council Member McCarthy and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. A Motion to deny the final plat was made by Council Member Kear and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. 14. Deliberate and act on the Preliminary Plat and Final Plat of Lots 1 and 2, Block A, Exum 250 Addition, located at 2085 Fitzhugh. Subject to ganting the curb and gutter variance, a Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 15. First reading, deliberate and possibly act on ORDINAN CE NO. 2009-028: AN ORDTNANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC" OR "STEERING COlV1MITTEE") AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS ENERGY CORP., MID-TEX DNISION ("ATMOS MID-TEX" OR "COMPANY") REGARDING THE COMPANY'S RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL Regular City Council Meeting August 10, 2009 Page 4 JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATE MAKING EXPENSES; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTIVIENTS CONSISTENT WTTH THE NEGOTTATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ATMOS' PROOF OF REVENUES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; DECLARING AN EFFECTNE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL. A Motion to invoke the super majority rule was made by Council Member Biard and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. A Motion to approve this item was made by Council Member Kear and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 16. Deliberate and act on RESOLUTION NO. 2009-078: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACKNOWLEDGING FORMAL RECEIPT OF THE 2009 CERTIFIED APPRAISAL ROLL FOR TAX APPRAISAL PURPOSES; 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 Kear and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. 17. Hear and deliberate on the proposed 2009-2010 Budget for the City of Paris. City Manager Kevin Carruth presented the proposed Budget to City Council and answered questions from the Council. 18. Deliberate and act on RESOLUTION NO. 2009-079: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CALLING A PUBLIC HEARING FOR AUGUST 24, 2009 ON THE CITY MANAGER'S PROPOSED BUDGET FOR FISCAL YEAR 2009-2010; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Kevin Carruth recommended scheduling the public hearing for August 24th. }„4: ~ - 5 Regular City Council Meeting August 10, 2009 Page 5 A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Biard. Motion carried, 7 ayes - 0 nays. 19. Deliberate and act on RESOLUTION NO. 2009-080: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CALLING FOR A PROPOSAL TO PLACE A VOTE ON THE 2009 TAX RATE ON A FUTURE CITY COUNCIL AGENDA AS AN ACTION ITEM; SETTING TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED TAX RATE; NIAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Kevin Carruth recommended that the first public hearing be held August 24th and the second public hearing be held August 31 st. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 20. Deliberate and act on RESOLUTION NO. 2009-081: A RESOLUTION OF THE CI'FY COUNCIL OF THE CITY OF PAR1S, TEXAS, APPOINTING BOB HUNDLEY AS CHIEF OF POLICE FOR 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 Rogers and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. 21. Deliberate and act on RESOLUTION NO. 2009-082: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS AND PARIS HABITAT FOR HUMANITY, BE1NG A NON-PROFIT ORGANIZATION THAT BUILDS HOUSES IN THE LOCAL COMMUNITY, FOR THE LEASE OF A STORAGE BUILDING LOCATED BEHIND THE FORMER PARIS POLICE AND COURTS BUILDING, 811 BONHAM STREET, PARIS, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE ON SAID BUILDING; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Subject to the lease reflecting a term of month to month, a Motion to approve this item was made by Council Member Biard and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. 22. Deliberate and act on RESOLUTION NO. 2009-083: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF MATERIALS FOR WATER SYSTEM w ~ Regular City Council Meeting August 10, 2009 Page 6 IMPROVEMENTS IN THE AMOUNT OF $56,663.44, FOR USE IN THE WATERLINE REPLACEMENT PROJECT IN THE BELMONT AND FAIRFAX AREAS OF THE CITY OF PARIS, FUNDED BY THE TCD BLOCK GRANT PROGRAM THROUGH THE OFFICE OF RURAL COMMUNITY AFFAIRS; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS RELATED TO 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 Biard and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 23. Receive applications for the Fire Safety Committee, deliberate and act on appointments to the Committee. Kevin Carruth told Council that staff had not received enough applications to form the committee. Mr. Carruth recommended advertising again in an effort to recruit additional volunteers and placing this item on the next Agenda. A Motion to table this item was made by Council Member Pickle and seconded by Council Member Biard. Motion carried, 7 ayes - 0 nays. 24. Deliberate and act on appointment of an auditor to conduct the independent annual audit as required by Section 35 of the Charter of the City of Paris for the fiscal year ending September 30, 2009. A Motion to appoint 1VIcClanahan and Holmes to conduct the independent annual audit was made by Council Member Brown and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. 25. Deliberate, provide direction to staff, and possibly act on an application for disannexation of approximately 38.489 acres of land located on CR 31700 Lake Crook Road. Staff recommended denial of the disannexation request on the basis it would leave a hole in the city limits. In addition, Shawn Napier said that the applicant had stated the reason he wanted to be disannexed was that he wanted to build a motor cross facility and did not want to build a paved parking lot. Council Member Biard suggested that the applicant request a variance. A Motion to deny the disannexation was made by Council Member Rogers and seconded by Council Member Pickle. 1Vlotion carried, 6 ayes - 1 nay, with Council Member Brown casting the dissenting vote. -4 4v- 7 Regular City Council Meeting August 10, 2009 Page 7 26. Convene into Executive Session pursuant to Section 551.071 ofthe Texas Government Code, Consultation with Attorney, to receive legal advice from legal counsel pursuant to the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, under the Texas Open Meetings Act as follows: to receive Attorney advice regarding the legal issues relating to a possible extension of the Memorandum of Understanding between the City of Paris and the City of Irving. After a briefrecess, Mayor Freelen convened City Council into executive session at 7:21 p.m. 27. Reconvene in open session to deliberate and possibly act on matters discussed in Executive Session. Mayor Freelen reconvened City Council into open session at 7:55 p.m. A Motion to not extend the MOU with the City of Irving which expired June 28, 2009, was made by Council Member Biard and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. 28. Deliberate and possibly act on a proposal and funding to widen a portion of Collegiate Drive in front of the proposed Paris High School and a portion in front of the Civic Center. After a lengthy discussion on funding options, City Council directed staffto place an item on the August 24`h Agenda calling for a bond election. Mr. Carruth said that he believed the last possible date to call an election was September 2"- 29. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Council M:ember Rogers reminded everyone of the upcoming TML conference scheduled far October 20 through October 22, and said that she was planning to attend. Council Members Brown, Biard and Kear said they may attend as well. Kevin Carruth announced there would be a ceremony at the First Methodist Church on September 10`''recognizing emergency service departments and first responders. 30. Adjournment. There being no further business, a Motion to adjourn was made by Council Member McCarthy and seconded by Council Member Biard. Motion carried,7 ayes - 0 nays. The meeting was adjourned at 8:30 p.m. ~ 8 Regular City Council Meeting August 10, 2009 Page 8 JESSE JAMES FREELEN, MAY4R JANICE ELLIS, CITY CLERK m - 9 SPECIAL MEETING OF THE CITY COUNCIL, CITY OF PARIS August 13, 2009 The City Council of the City of Paris met for a special session for a budget workshop at 5:30 P.M. on Thursday, August 13, 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; Gene Anderson, Finance Director; Shawn Napier, City Engineer; Ronnie Grooms, Fire Chief; Bob Hundley, Police Chief; Doug Harris, Utilities Director; and Kent Klinkerman, EMS Director. 1. Budget workshop - Deliberate on the proposed 2009-2010 Budget. Mayor Freelen called the meeting to order at 5:30 p.m. and asked for a moment of silence in memory of fallen solider Jay Hoskins. Mayor Freelen inquired if City Council wanted to hear from individual departments heads prior to proceeding with review of the budget. A Motion to allow department heads to speak for twenty minutes was made by Council Member Kear and seconded by Council Member Rogers. Motion failed, 2 ayes - 5 nays, with Mayor Freelen and Council Members McCarthy, Brown, Biard and Pickle casting the dissenting votes. Council Member Biard preferred that City Manager Kevin Carruth present the budget and if needed, Council could ask questions of department heads. A Motion to proceed with the budget process in order as presented by the City Manager was made by Council Member Biard and seconded by Council Member McCarthy. Motion carried, 5 ayes - 2 nays, with Council Members Kear and Rogers casting the dissenting votes. City Manager Kevin Carruth gave a summary of the proposed budget including estimated revenues, estimated expenditures and personnel changes. Mr. Carruth reviewed in detail the individual departmental budgets for the City Council, City Manager, City Attorney, Court Clerk, City Clerk, Finance Department, Police Department, Fire Department and Community Development. City Council did not complete the review of Community Development and decided to complete it at the next budget workshop. 0 ~y - 10 Special City Council Meeting August 13, 2009 Page 2 2. Adjournment. There being no further business, a Motion to adjourn was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. The meeting was adjourned at 7:32 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK , 11 SPECIAL MEETING OF THE CITY COUNCIL, CITY OF PARIS August 17, 2009 The City Council of the City of Paris met for a special session for a budget workshop at 5:30 P.M. on Monday, August 17, 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 Staf£ Kevin Carruth, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Shawn Napier, City Engineer; Ronnie Grooms, Fire Chief; Bob Hundley, Police Chief; Kent Klinkerman, EMS Director; Tom Hunt, Municipal Judge; Doug Harris, Director of Utilities; and Priscilla McAnally, Library Director. Mayor Freelen called the meeting to order at 5:30 p.m. Deliberate and possibly act on a proposal and funding options to widen a portion of Collegiate Drive in front of the proposed Paris High School and a portion in front of the Civic Center. City Council discussed at length the funding options including the possibility of having a bond election, issuing certificates of obligations, having PEDC help with funding of the road, and using reserves from the general fund. City Council asked staff to research the issue of whether or not PEDC could assist with funding of the road, as well as requested the cost estimate from TxDOT regarding the proj ect. A Motion to table this item until the next budget workshop was made by Council Member Kear and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. 2. Deliberate and possibly act on projects to be considered for the bond election and funding options. A Motion to table this item until the next budget workshop was made by Council Member Pickle and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. 3. Budget workshop - deliberate on proposed 2009-2010 Budget. Mayor Freelen moved to item 3 and turned the meeting over to Kevin Carruth. Mr. Carruth reviewed in detail the individual departmental budgets for Community Development, Engineering, Public Works, Parks/Recreation, Sanitation, Streets, Traffic, Garage, EMS, Cox Field Airport, Paris r " y ~ 1L Special City Council Meeting August 17, 2009 Page 2 Band and the Library. City Manager Kevin Carruth and Finance Director Gene Anderson answered questions from City Council. 4. Adjournment. There being no further business, a Motion to adj ourn was made by Council Member McCarthy and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. The meeting was adjourned at 7:37 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK