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05-Council Minutes from the meeting of January 25, 2010CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 02/02/2010 Council Date: 02/08/2010 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 January 25, 2010. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meeting ACTION: BUDGET INFO: ❑ Financial Report ~ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FiscAr.. NoTES: REVIEWED AND APPROVED BY: Z Administration E City Clerk ❑ Community Development ❑ EMS/IT ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Finance ❑ Fire ❑ Utilities City of Paris " 000001 Revised 2/04/08 MINUTES OF THE CTTY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS January 25, 2010 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, January 25, 2010, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Jesse James Freelen Council Meinbers: Joe McCarthy; Kevin Kear; Will Biard; Edwin Pickle; and Rhonda Rogers Absent: Council Member: Stephen Brown City Staf£ Kevin Carruth, City iVlanager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Shawn Napier, City Engineer; Bob Hundley, Police Chief; Ronnie Grooms, Fire Chief; and Steven McFadden, Interim Public Works Director Openinp, Agenda 1. Call meeting to order. Mayor Freelen called the meeting to order at 5:35 p.m. 2. Invocation. Reverend James Price gave the invocation. 3. Pledge of Allegiance. Council Member Kear led the pledge. 4. Citizens' forum. Paul Gene Roden, 525 S.E. 31" Street - he expressed dissatisfaction with PEDC changing their bylaws with regard to ex-officio meinbers. 5. Presentation of proclamation celebrating the 100"' Aruniversary of The Boy Scouts of America. - i.6. L, :,:.,&d Regular Council Meeting January 25, 2010 Page 2 Mayor Freelen read the proclamation and presented it to Scout Leader David Hamilton. Consent Agenda Mayor Freelen inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Council Members discussed items 11, 12 and 13. Council Member McCarthy made a Motion to approve the Consent Agenda and Council Member Rogers seconded the Motion. The Council voted six (6) for and none (0) opposed to approve and adopt Consent Agenda Items 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14. 6. Deliberate and act on the approval of minutes from the meetings on December 7, 2009; December 14, 2009; and January 11, 2010. 7. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Traffic Coininission (11-3-09) b. Paris Historic Preservation Coinmission (11-23-09, 12-9-09 and 12-11-09) c. Fire and Building Code Review (12-8-09) Deliberate and act on RESOLUTION NO. 2010-008: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ORDERING THE REGULAR MUNICIPAL ELECITON FOR THE CITY OF PARIS, TEXAS, TO BE HELD ON THE SECOND SATURDAY IN MAY 2010, SAME BEING THE 8TH DAY OF MAY 2010, FOR THE PURPOSE OF ELECTING MEMBERS OF THE PARIS CITY COt1NCIL IN DISTRICTS 1, 2, 3, AND 6 FOR THE ENSUING TWO YEARS; DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE G1VEN; AND DECLARING AN EFFECTIVE DATE. 9. Deliberate and act on RESOLUTION NO. 2010-009: 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 THE LAMAR COUNTY ELECTIONS ADMINISTRATOR TO ASSIST, COORDINATE, SUPERVISE AND HANDLE CERTAIN ASPECTS OF ADMINISTERING THE GENERAL ELECTION FOR MAY 8, 2010, FOR THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFEGTIVE DATE. 10. Deliberate on December monthly financial report. 11. Deliberate and act on RESOLUTION NO. 2010-010: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ESTABLISHING AND APPROVING A POLICY GOVERNING UTILITY RATES AND RESERVES; MAKING OTHER Regular Council Meeting lanuary 25, 2010 Page 3 FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTNE DATE. 12. Deliberate and act on RESOLUTION NO. 2010-011: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL EMPLOYEE BENEFITS POOL (TML-IEBP) FOR TERM LIFE INSURANCE, MEDICAL, VISION, DENTAL, LIFE, AND DISABILITY COVERAGE FOR ITS ACTIVE AND RETIRED EMPLOYEES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTNE DATE. 13. Deliberate and act on RESOLUTION NO. 2010-012: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE IMPLEMENTATION OF A CITY OF PARIS EMERGENCY MANAGEMENT PLAN; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTNE DATE. 14. First reading, deliberate and possibly act on ORDINANCE NO. 2010-004: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 2-46, HEALTH BENEFITS COVERAGE TO CITY RETIREES, OR ARTICLE II, DIVISION 2, RETIREMENT, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS; TO UPDATE THE HEALTH BENEFITS COVERAGE OFFERED TO CITY RETIREES; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, AN OPEN MEETINGS CLAUSE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Regular Agenda 15. First reading, deliberate and possibly act on ORDINANCE NO. 2010-005: AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF PARIS, TEXAS GENERAL OBLIGATION REFLINDING BONDS, SERIES 2010; LEVYING AN ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; APPROVING AN OFFICIAL STATEMENT; CALLING CERTAIN OUTSTANDING OBLIGATIONS FOR REDEMPTION PRIOR TO MATURITY; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT. Dan Allmon with Southwest Securities gave a summary of the financing to buy refunding bonds. (See Exhibit "A" attached) A Motion to invoke the super majority rule was made by Council Member Biard and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays. Regular Council Meeting lanuary 25, 2010 Page 4 A Motion to approve this item was made by Council Member Biard and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. 16. Deliberate and act on RESOLUTION NO. 2010-013: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PAR1S, TEXAS, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION; MAKTNG OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Pickle and seconded by Council Nlember Rogers. Motion carried, 6 ayes - 0 nays. Mayor Freelen recessed Gity Counci] at 6:07 p.m. and reconvened them at 6:25 p.m. 17. Deliberate and act on RESOLUTION NO. 2010-014: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CONFIRMING THE REAPPOINTMENT OF SIMS NORMENT AS A MEMBER OF THE FIRE FIGHTERS' AND POLICE OFFIGERS' C1VIL 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, 6 ayes - 0 nays. 18. Deliberate and act on RESOLUTION NO. 2010-015: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, RECOMMENDING THE REAPPOINTMENT OF CURTIS FENDLEY AS A MEMBER OF THE SULPHUR RIVER REGIONAL MOBILITY AUTHORITY BOARD MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTNE DATE. A Motion to approve this item was made by Council Member Rogers and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. 19. Deliberate and act on RESOLUTION NO. 2010-016: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE EXECUTION OF A RECIFROCAL EASEMENT AGREEMENT BETWEENT THE CITY OF PARIS AND WILLIAM DeG. HAYDEN TO GRANT NONEXCLUSIVE INGRESS AND EGRESS EASEMENTS OVER, ALONG AND ACROSS A 0.849 ACRE TRACT BELONGING TO WILLIAM De HAYDEN AND A 4.028 ACRE TRACT BELONGING TO THE CITY OF PARIS, BOTH TRACTS BEING A PART OF PROPERTY KNOWN AS HERITAGE PARK; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. - POPIrf'5 Regular Council Meeting lanuary 25, 2010 Page 5 A Motion to approve this item was made by Council Member Biard and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. 20. Deliberate and act on RESOLUTION NO. 2010-017: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING THE CONTRACT FOR THE DEMOLITION AND DISPOSAL OF VARIOUS STRUCTURES AT THE ONE OAK APARTMENT COMPLEX LOCATED AT 655 GRAHAM STREET IN THE CITY OF PARIS TO SANITATION SOLUTIONS, THE LOWEST RESPONSIBLE BIDDER; 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 McCarthy. Motion carried, 6 ayes - 0 nays. 21. Deliberate and act on A RESOLUTION OF THE CITY COLINCIL OF THE CITY OF PARIS, TEXAS; APPROVING REVISED PARIS ECONOMIC DEVELOPMENT CORPORATION BYLAWS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Council discussed at length whether or not PEDC should exclude ex-officio members from executive sessions when personnel issues were being deliberated. Several Council Members expressed they should allow the Board to govern themselves, but several Council Members disagreed citing that it was not fair to the ex-officio members to be excluded. Council Member Biard said he would like to hear from PEDC board members prior to voting on this item. Mayor Freelen said he would like for Council Member Brown to be there when they discuss and vote on this item_ Mayor Freelen also said that he would contact PEDC Chairman Dan Smith to ask him to come to the next Council meeting. A Motion to table this item was made by Council Member McCarthy and seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. 22. Deliberate and act on RESOLUTION NO. 2010-018: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ESTABLISHING AND APPROVING A POLICY FOR THE SALE OF SURPLUS PERSONAL PROPERTY WITH A VALUE OF $1,000 OR LESS; 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 Rogers. Motion carried, 6 ayes - 0 nays. ~ ~~PPr% Regular Council Meeting lanuary 25, 2010 Page 6 23. First reading, deliberate and possibly act ORDINANCE NO. 2010-006: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC CONTROL MAP ADOPTED IN SECTION 31-65(b), C?F THE CODE OF ORDINANCES OF THE C1TY OF PARIS, TEXAS; ESTABLISHING A STOP SIGN ON 24TH STREET NW AT GRAHAM STREET STOPPING SOUTHBOUND TRAFFIC; 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 invoke the super majority rule was made by Council Member McCarthy and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays. A Motion to approve this item was made by Council Member Kear and seconded by Council McCarthy. Motion carried, 6 ayes - 0 nays. 24. Deliberate on the Lake Pat Mayse Water Study Committee recommendations. Council Member Pickle requested this item be placed on the Agenda and reiterated that nothing had changed with regard to the sale of water. He said that he did not think there was enough water to se11 at this time, but would like for Council to review the recommendations and come up with a ten to twenty year plan for the City's water resources. Kevin Carruth suggested a work session and Council was in agreement. Council Member Pickle said that he would like to schedule it within the next ninety days and ask Chairman Reeves Hayter to attend the meeting. A Motion to table this item was made by Council Member Biard and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. 25. Convene into Executive Session: a. Pursuant to Section 551.087 of the Texas Government Code to discuss and deliberate on an offer of a financial or other incentive to Campbell Soup Supply Company, LLC to locate, stay, or expand in Paris and consider any commercial and financial information related to the business prospect. b. Pursuant to Section 552.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property. Mayor Freelen convened City Council into executive session at 7:17 p.m. 26. Reconvene into open session to deliberate and possibly act on matters discussed in executive session. nn9?C!,'- r Regular Council Meeting January 25, 2010 Page 7 Mayor Freelen reconvened City Council into open session at 7:32 p.m. a. A Motion to ratify and approve an economic incentive agreement between Campbell Soup Company and PEDC was made by Council Member Kear and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. b. Mayor Freelen announced that there was no action to be taken at that time. 27. Consider and approve and future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Kevin Carruth reminded everyone of the Paris Living luncheon to be held on February 4`n at the Depot. 28. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. The meeting was adjaurned at 7:34 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK f~ sw~ , S GROUP Build.ing wha.t you ualue. CITY OF PARIS, TEXAS NEGOTIATED BOND SALE January 25, 2010 $17,075,000 GENERAL OBLIGATION REFUNDING BONDS SERIES 2010 SUMMARY OF FINANCING 1. Underwriters' Proposal to Buy Refunding Bonds at a Net Interest Cost (NIC) of 2.53% Proposal conditions: a. Average life of issue - 4.39 years (2010 through 2020) b. Bonds are optional for early redemption on June 15, 2018 at par plus accrued interest. c. Bonds are "Bank Qualified" ("QTEO"). d. Bonds are sold at negotiated sale with First Southwest Company and Morgan Keegan & Co. as Underwriters. Incentives and Assurances (to Issue Refunding Bonds) a. Actual net debt service savings of $1,993,902 with a Present Value of $1,769,194 after all expenses, which is 11.58% and 10.27%, respectively, of the refunded bonds. b. Repayment period on Bonds remains the same (unchanged). c. All of the Bonds are being currently refunded with the exception of the Waterworks and Sewer System Revenue Bonds, Series 2000, which are refunded in "advance" of their optional redemption date as follows: $6,565,000 to be redeemed June 15, 2010. 2. Bond Rating of "AAA" (Negative Outlook) (S&P) and "Aa3" (Negative Outlook) (Moody's) by Means of Assured Guaranty Municipal Corp. Bond Insurance Underlyin4 RatinQs Moody's "A2" (Affirmed) S&P "A+" (Initial Rating) 3. Qualified for "AAA" Bond Insurance Assured Guaranty Municipal Corp. -$97,340 ($5.70 per 1,000) 4. Bond Market Conditions Bond Buyer Index (as of 01-22-10) 4.30% Bond Buyer Index (previous week) 4.31 % 5. Certification by the Financial Advisor that the proposal from the Underwriter is consistent with existing market conditions and a recommendation that the proposal be accepted Exhibit "A"