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05-Council Minutes from the meeting of 02-08-2010CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 02/15/2010 Council Date: 02/22/2010 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 February 8, 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 yZ'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number Fisctu. NoTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works L-- ❑ Finance ❑ Fire ❑ Utilities City of Paris , Revised 2/04/08 QOOr~~~_,,~ MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS February 8, 2010 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, February 8, 2010, 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 McIlyax, City Attorney; Janice Ellis, City Clerk; Shawn Napier, City Engineer; Bob Hundley, Police Chief; Ronnie Grooms, Fire Chief; and Steven McFadden, Interim Public Works Director Opening Aunda 1. Call meeting to order. Mayor Freelen called the meeting to order at 5:30 p.m. 2. Invocation. Reverend Van Lazaroff gave the invocation. 3. Pledge of Allegiance. Council Member Brown led the pledge. 4. Citizens' forum. Paul Gene Roden, 525 S.E. 31St Street - spoke in opposition of amending the PEDC Bylaws. County Judge Chuck Superville, 119 N. Main Street - spoke in opposition of amending the PEDC Bylaws. He said that the ex-officio members were there, because of their position in the community and should be included in all PEDC business. Judge Superville presented the City Council with a proclamation from the County asking that City Council not approve the amendments. Regular Council Meeting February 8, 2010 Page 2 PJC President Pam Anglin, 1928 N.E. 38th Street - spoke in opposition of amending the PEDC Bylaws. Brady Fisher, 3870 Lamar Avenue - spoke in opposition of amending the PEDC Bylaws. Mr. Fisher said he remembered when PEDC was formed in the early 90s and it was not the intent for ex-officio members to be excluded from executive sessions. PEDC Chairman Dan Smith - spoke in support of amending the PEDC Bylaws. Chairman Smith said that ex-officio members bring needed experience to the committee. He also said that the proposed amendments had no reflection on ex-officio members based on their insight and experience. Mr. Smith said that the amendment regarding exclusion of ex- officio members from executive sessions on personnel matters, was to protect the right of the employee. Mr. Smith also said that the Board had worked on these amendments for several months, and that there had been a lot of discussion and consideration when making the proposed amendments. Consent A2enda Mayor Freelen inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. There were none. Council Member Kear 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 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 January 25, 2010. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Planning and Zoning (1-4-2010) b. Airport Advisory Board (9-19-2009 and 11-19-2009) c. Board of Adjustment (12-8-2009) d. Traffic Commission (1-5-2010) 7. Deliberate and act on RESOLUTION NO. 2010-020: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING A PERMANENT WATERLINE EASEMENT FROM NORTH LAMAR INDEPENDENT SCHOOL DISTRICT LOCATED UPON AND ACROSS A 31.806 ACRE TRACT OF LAND BELONGING TO NLISD; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 8. Deliberate and act on RESOLUTION NO. 2010-021: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL MANAGEMENT SERVICES "u00f''';; Regular Council Meeting February 8, 2010 Page 3 AGREEMENT WITH MUNICIPAL DEVELOPMENT SERVICES TO IMPLEMENT A CONTRACT ADMINISTRATION SYSTEM UNDER THE GENERAL DIRECTION OF THE TEXAS DEPARTMENT OF AGRICULTURE UNDER THE TEXAS CAPITAL FUND INFRASTRUCTURE GRANT PROGRAM FOR INFRASTRUCTURE IMPROVEMENTS TO PROVIDE A SUPPLY OF TREATED WATER FOR A COMMERCIAL DAIRY OPERATION LOCATING IN LAMAR COUNTY, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 9. Deliberate on drainage ditch maintenance report. Re2ular Atzenda 10. Deliberate and act on the Preliminary Plat and Final Plat of Lot 1, Block A, Paris DTP II, LLC Addition, located in the 2300 Block of North Main Street. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. 11. Second reading, deliberate and possibly act on ORDINANCE NO. 2010-007: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 8-108 AND SECTION 12-100 OF THE CITY ZONING ORDINANCE NO. 1710, AS PREVIOUSLY AMENDED, BY ADDING THE USE OF LOADiNG, UNLOADING OR TRANSLOADING OF CRUDE OIL UNDER THE WITH A SPECIFIC USE PERMIT BEING ADDED UNDER THE HI (HEAVY 1NDUSTRIAL ZONING) CLASSIFICATION OF SECTION 8-108 OF THE CITY ZONING ORDINANCE, AND AMENDING SEC. 12-100 SPECIFIC USE PERMITS, TO ADD NO. (53) LOADING, UNLOADING OR TRANSLOADING OF CRUDE OIL IN HEAVY INDUSTRIAL (HI) ZONING DISTRICTS IN THE CITY OF PARIS; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAViNGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Freelen opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. No one spoke in support of this item. Mayor Freelen asked for anyone wishing to speak in opposition of this item, to please come forward. With no one speaking, Mayor Freelen closed the public hearing. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Brown. Motion carried, 6 ayes - 1 nay, with Council Member McCarthy casting the dissenting vote. 12. Deliberate and act on RESOLUTION NO. 2010-022: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, SUPPORTING A PROPOSED TEXAS DEPARTMENT OF TRANSPORTATION EASEMENT SWAP ON PROPERTY NORTH OF LOOP 286, BETWEEN THE HOLIDAY INN EXPRESS AND ~ ~ 0 OOr, ~ t Regular Council Meeting February 8, 2010 Page 4 LAQUINTA, ABANDONING A CERTAIN DRAINAGE EASEMENT LOCATED ON AND ACROSS PROPERTY BELONGING TO DAVID ROBINSON; REPLACING AND DEDICATING AN EQUAL EASEMENT FOR THE SAME CULVERT DIRECTED AT A SLIGHTLY DIFFERENT ANGLE; 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 Rogers and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. 13. Deliberate and act on RESOLUTION NO. 2010-023: A RESOLUTION OF THE CITY COUNCIL 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. A Motion to remove this item from the table was made by Council Member Biard and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. Mayor Freelen explained the proposed amendments would allow the exclusion of ex officio members from executive sessions involving personnel matters and would delete the use of Robert's Rules of Order. Council Member Brown said the word "ex-officio" meant unofficial. Council Member Pickle said he thought they should leave Robert Rule's of Order in the Bylaws. He also suggested that any employee wishing to have ex-officio members excluded from an executive session, make his or her request in writing. Mayor Freelen said that the entire Council appointed city boards and commissions and that Council should trust the decision making of the boards and commissions. A Motion to approve this item was made by Council Member Brown and seconded by Council Member Biard. Motion carried, 6 ayes - 1 nay, with Council Member Pickle casting the dissenting vote. 14. Convene into Executive Session: a. Pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal advice from the City Attorney about pending or contemplated litigation and/or on matters in which the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, clearly conflict with this chapter as follows: Othel D. Smith claim. b. Pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal advice from the City Attorney on a matter in which the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter as follows: Sara Lee Wastewater Agreement. i 00 5 Regular Council Meeting February 8, 2010 Page 5 Mayor Freelen convened City Council into executive session at 6:10 p.m. 15. Reconvene in Open Session to take possible action regarding those matters discussed in Executive Session. Mayor Freelen reconvened City Council into open session at 6:46 p.m. and announced there was no action to be taken at that time. Council Member McCarthy asked to bring back item 11. A Motion to reconsider item 11 was made by Council Member Kear and seconded by Council Member Biard. Motion carried, 7 ayes - 0 nays. A Motion to approve item 11 was made by Council Member Kear and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. 16. Consider and approve and future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. City Manager Kevin Carruth reminded everyone there was a ribbon cutting for Lillian Kelly's at 10:00 a.m. on Tuesday, February 9tn 17. Adjournment. There being no further business, a Motion to adjourn was made by Council Member McCarthy and was seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. The meeting was adjourned at 6:48 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK 0