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05-Council Minutes from the meetings of April 22, 2010 and April 26, 2010CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: OS/03/2010 Council Date: OS/10/2010 Originating Department: City Clerk Ptesented 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 Apri122, 2010 and Apri126, 2010. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meetings ACTION: BUDGET INFO: ❑ Financial Report ~ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'TD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration E City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 1 MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS Apri122, 2010 The City Council of the City of Paris met for a special session at 6:00 p.m. on Thursday, Apri122, 2010, at the Paris Public Library Community Room, 326 S. Main Street, Paris, Texas. Present: Mayor: Council Members: Jesse James Freelen Joe McCarthy; Kevin Kear; Stephen Brown; Edwin Pickle; and Rhonda Rogers City Staff: Absent: Council Member 1. Call meeting to order. Kevin Carruth, City Manager; Kent McIlyar, City Attorney; and Janice Ellis, City Clerk Will Biard Mayor Freelen called the meeting to order at 6:00 p.m. 2. Deliberate on adoption of a code of ethics for City Council, boards, commissions, committees, and employees. City Council discussed the importance of having a code of ethics, as well as reviewed several examples adopted by other cities. It was a consensus of the City Council to model the City of South Lake, with each Council Member providing Kevin Carruth any deletions or additions. Mr. Carruth will forward those chan~es to the Legal Department, so that the document can be drafted and placed on the May l Ot Agenda. 3. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 6:45 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK 7 ~ MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS Apri126, 2010 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, Apri126, 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 McIlyar, City Attorney; Janice Ellis, City Clerk; Shawn Napier, City Engineer; Bob Hundley, Police Chief; Ronnie Grooms, Fire Chief; Gene Anderson, Finance Director; and Steven McFadden, Interim Public Works Director; Opening Agenda l. Call meeting to order. Mayor Freelen called the meeting to order at 5:35 p.m. 2. Invocation. Pastor Van Lazaroff gave the invocation. 3. Pledge of Allegiance. Council Member McCarthy led the pledge. 4. Citizens' forum. Leon Watson, P.O. Box 627, Powderly - inquired about the land use for a small piece of property he owns in the City. Mayor Freelen asked him to get with City Engineer Shawn Napier after the meeting. Council Member Kear arrived to meeting at 5:40 p.m. John Peterson, 2810 Clark Lane - questioned why City Council did not adopt a Code of Ethics earlier in the year. 3 Regular Council Meeting April 26, 2010 Page 2 Consent Agenda Mayor Freelen inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Council Member Rogers said that she would like to pull items 11 and 12 for the purpose of voting separately on those items. Council Member McCarthy made a Motion to approve the Consent Agenda and Council Member Biard seconded the Motion. The Council voted seven (7) for and none (0) opposed to approve and adopt Consent Agenda Items 5, 6, 7, 8, 9, and 10. 5. Deliberate and act on the approval of minutes from the meeting on April 12, 2010. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Fire and Building Code Review Committee minutes (3-9-2010) b. Paris Economic Development Corporation minutes (3-9-2010; 3-22-2010) c. Paris Board of Adjustment (3-2-2010) 7. Deliberate on March monthly financial report. 8. Deliberate on drainage ditch maintenance report. 9. Deliberate and act on RESOLUTION NO. 2010-049: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AN APPLICATION FOR AN AUTOMOBILE BURGLARY & THEFT PREVENTION GRANT FOR CONTINUATION OF OUR AUTO THEFT TASK FORCE 1N THE AMOUNT OF $199,998.00 WITH $68,328.00 TO BE PROVIDED BY THE CITY OF PARIS IN THE FORM OF A CASH MATCH; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 10. Deliberate and act on RESOLUTION NO. 2010-050: A RESOLUTION OF THE CITY OF PARIS, TEXAS, ENDORSING CERTAIN LEGISLATIVE CHANGES RELATING TO THE SUNSET REVIEW OF THE TEXAS PUBLIC UTILITY COMMISSION AND THE SPECIAL REVIEW OF THE ELECTRIC RELIABILITY COUNCIL OF TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 11. Deliberate and act on RESOLUTION NO. 2010-051: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE UNION PACIFIC 4 Regular Council Meeting April 26, 2010 Page 3 RAILROAD COMPANY AND THE CITY OF PARIS, TEXAS, FOR A.704 ACRE TRACT OF ABANDONED RAILROAD RIGHT-OF-WAY LOCATED IN THE 1100 BLOCK OF WEST SHERMAN STREET; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Shawn Napier told the Council that the Union Pacific railroad had offered to lease the 0.704 acre tract of land to the City of Paris for no fee. Mr. Napier said the section of abandoned railroad would hopefully one day be the northern route for the Trail de Paris and/or Safe Routes to School, and would extend all the way to Leon Williams Park. 12. Deliberate and act on A RESOLUTION OF THE CITY COLTNCIL OF THE CITY OF PARIS, TEXAS, APPROVING ADDENDUM NO. ONE TO THE CITY MANAGER EMPLOYMENT AGREEMENT DATED AUGUST 27, 2007 BETWEEN THE CITY OF PARIS, TEXAS AND KEVIN CARRUTH; PROVIDING FOR A TWELVE MONTH EXTENSION AND A 3% SALARY INCREASE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARiNG AN EFFECTNE DATE. Council Member Pickle said when the Council approved to extend the contract, that they did not approve a 3% raise. Mayor Freelen said that at that time Council was to have discussed a raise, but failed to do so because they got sidetracked on the length of time on the extension of the contract. He said that it is why he brought it forward at this meeting. Mayor Freelen asked for a Motion on this item. No motion was made on this item. Regular Agenda 13. Hear and deliberate on potential plans for the development and future use of the Casa Bonita property. On behalf of Paris Living, Clifton Fendley made a presentation regarding a potential development plan for the Casa Bonita property. Mr. Fendley said one option was to re- develop the site by building duplexes and single-family homes utilizing grant funds. He said it would cost approximately $30,000 to $50,000 before they even broke land. City Council indicated that the project was a good idea and should be pursued. 14. Deliberate and possibly act on changing the date for selection of appointing members to various boards, commissions, and committees. Mayor Freelen said that the current policy states that appointments shall be made at the first regular City Council meeting in April. Council Member Rogers said this was a very important issue and that new Council would be overwhelmed when first seated. Council Member Biard said they might get a new group of volunteers with new Council Members. A Motion to keep the existing policy in place was made by Council Member Rogers and seconded by Council Member Kear. Motion failed, 3 ayes - 4 nays, with Council Members McCarthy, Brown, Biard and Pickle casting the dissenting votes. ~ Regular Council Meeting April 26, 2010 Page 4 15. Deliberate and act on A RESOLUTION OF THE CITY COLJNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING MEMBERS TO VARIOUS CITY OF PARIS BOARDS AND COMMISSIONS, IN ACCORDANCE WITH POLICIES AND PROCEDURES FOR STANDING BOARDS, COMMISSIONS AND COMMITTEES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. As a result of the action taken on item 14, no action was needed on this item. 16. Deliberate and act on RESOLUTION NO. 2010-052: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE EXECUTION OF AN APPLICATION FOR A TEXAS PARKS & WILDLIFE RECREATIONAL TRAILS GRANT FOR EXTENDING THE TRAIL DE PARIS FROM 8TH STREET SE ALONG THE RAILROAD CORRIDOR WEST TO 1 ST STREET S W AND FROM 1 sT SW THE ROUTE WILL FOLLOW ALONG THE SOUTHSIDE OF THE HEARNE STREET RIGHT-OF-WAY TO 4T" STREET SW; AUTHORIZING THE EXPENDINTURE OF FUNDS; ACCEPTING SAID GRANT AWARD UPON NOTICE THEREOF; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; 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 McCarthy and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. 17. Deliberate and act on RESOLUTION NO. 2010-053: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT CONCERNING THE RELEASE OF THE DAISY FARMS ACREAGE FROM THE CERTIFICATED SERVICE AREA OF LAMAR COUNTY WATER SUPPLY DISTRICT TO ALLOW THE CITY OF PARIS TO PROVIDE A REGULAR SUPPLY OF TREATED WATER TO DAISY FARMS IN CONNECTION WITH THEIR COMMERCIAL DAIRY OPERATION LOCATED IN LAMAR COUNTY, TEXAS; 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 Pickle and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. 18. Deliberate and act on RESOLUTION NO. 2010-054: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE TEXAS CAPITAL FUND GRANT 14" WATER MA1N EXTENSION TO DAISY FARMS TCF #729192, TO PITTARD CONSTRUCTION COMPANY, THE LOWEST RESPONSIBLE BIDDER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. ~ Regular Council Meeting April 26, 2010 Page 5 A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 19. Deliberate on update of water and sewer capital improvements. City Engineer Shawn Napier gave an update on the water and sewer capital improvements. 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 or employee as follows: Annual evaluation of the City Attorney. Mayor Freelen convened City Council into executive session at 6:25 p.m. 21. Reconvene into open session to possibly deliberate or act on those matters discussed in Executive Session. Mayor Freelen reconvened City Council into open session AT 6:45 p.m. and said there was no action to be taken, and that the City Attorney would be with the City for another year. 22. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Council Member Rogers reminded everyone that Kids Safe Saturday was May 1 " and that the United Way event was scheduled for May 27tn 23. Adjournment. There being no further business, a Motion to adjourn was made by Council Member McCarthy and was seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. The meeting was adjourned at 6:47 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK ~