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05-Council Minutes from the meeting of September 27, 2010 CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 10/05/2010 Council Date: City Clerk Janice Ellis 5. 10/11/2010 RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUES): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meeting of September 27, 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 YTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ® Administration ® City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris 001 Revised 2/04/08 MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 27, 2010 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, September 27, 2010, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Will Biard Council Members: Joe McCarthy; Jason Rogers; John Wright; Stephen Brown; Edwin Pickle; and Rhonda Rogers City Staff: Kevin Carruth, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Bob Hundley, Police Chief; Ronnie Grooms, Fire Chief, Gene Anderson, Finance Director; Steve McFadden, Interim Public Works Director; Shawn Napier, City Engineer; and Priscilla McAnally, Library Director Opening Agenda 1. Call meeting to order. Mayor Biard 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. Shawn Simons, 319 S.W. 7`h - he said he paid his utilities and wanted to know what services he got in return. A.W. Clem, 100 N. Main Street - he said that he represented a group of people who were concerned about the length of time it took city staff to complete projects and communication problems with staff. Barbara Doyal, 210 17"' S.E. - she asked for assistance with regard to the drainage ditch beside her house, because her house had flooded. 002 Regular Council Meeting September 27, 2010 Page 2 Brian White, 3755 Leigh - he spoke in opposition of the ordinance regulating residential restrictions of sex offenders. Johnna McNeal, 1711 Clarksville St. - reiterated what Barbara Doyal said. Edwin Pickle, 220 Johnson Woods - he encouraged city staff to support the Lamar County United Way. Consent Agenda Mayor Biard inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. At the request of City Council Member Pickle, Council discussed at length the ditch drainage and options for maintenance of the ditches. It was a consensus to study this item at a later date. A Motion to approve the Consent Agenda was made by Council Member McCarthy and Council Member Wright seconded the Motion. The Council voted seven (7) for and none (0) opposed to approve and adopt Consent Agenda Items 5, 6, 7, and 8. 5. Deliberate and act on the approval of minutes from the meeting on September 13, 2010. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Planning & Zoning Commission minutes (9-7-2010) b. Paris Economic Development Corporation minutes (8-5-2010; 8-11-2010) c. Paris Public Library Board minutes (6-17-10) 7. Deliberate on August monthly financial report. 8. Deliberate on the ditch drainage report. Regular Agenda 9. Public hearing, first reading, deliberate, and possibly act on ORDINANCE NO. 2010- 035: 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 A .078 ACRE TRACT OF LAND BEING A PART OF THE THOMAS ASKINS SURVEY, ABSTRACT NO. 6, LOCATED AT 4040 NORTH MAIN STREET, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURE DISTRICT (A) TO A COMMERCIAL DISTRICT (C) DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 003 Regular Council Meeting September 27, 2010 Page 3 Mayor Biard opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. Mayor Biard asked for anyone wishing to speak in opposition to this item, to please come forward. With no one speaking, Mayor Biard closed the public hearing. Shawn Napier informed City Council that the property owner planned to open a motorcycle/auto repair. A Motion to invoke the supermajority rule was made by Council Member Brown and seconded by Council Member Rhonda Rogers. Motion carried, 7 ayes- 0 nays. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Wright. Motion carried, 7 ayes - 0 nays. 10. Public hearing, first reading, deliberate, and possibly act on ORDINANCE NO. 2010- 036: 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 1, CITY BLOCK 305, LOCATED AT 2690 CAMPBELL STREET, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3) TO A ONE- FAMILY DWELLING DISTRICT NO. 3 (SF-3) WITH A SPECIAL USE PERMIT (39) MOBILE HOME; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Biard opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. Property owner Larry McClendon spoke in support of the zoning change. Mayor Biard asked for anyone wishing to speak in opposition to this item, to please come forward. With no one else speaking, Mayor Biard closed the public hearing. A Motion to invoke the super majority rule was made by Council Member McCarthy and seconded by Council Member Wright. Motion carried, 7 ayes - 0 nays. A Motion to approve this item was made by Council Member Brown and seconded by Council Member Rhonda Rogers. Motion carried, 7 ayes - 0 nays. 11. Public hearing, first reading, deliberate, and possibly act on ORDINANCE NO. 2010- 037: 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 8, CITY BLOCK 286, LOCATED AT 2995 LAMAR AVENUE, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A PLANNED DEVELOPMENT DISTRICT (PD-a) RETAIL SHOPPING CENTER TO A GENERAL RETAIL DISTRICT (GR); DIRECTING A 004 Regular Council Meeting September 27, 2010 Page 4 CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Biard opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. Mayor Biard asked for anyone wishing to speak in opposition to this item, to please come forward. With no one speaking, Mayor Biard closed the public hearing. Shawn Napier told the City Council that the property owner planned to use the existing building as a dental office. A Motion to invoke the super majority rule was made by Council Member Brown and seconded by Council Member Rhonda Rogers. Motion carried, 7 ayes - 0 nays. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Wright. Motion carried, 7 ayes - 0 nays. 12. Public hearing, deliberate, and act on RESOLUTION NO. 2010-097: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AN APPLICATION FOR FUNDING THROUGH THE TEXAS DEPARTMENT OF AGRICULTURE TEXAS CAPITAL FUND MAIN STREET PROGRAM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mayor Biard opened the public hearing and asked for anyone wishing to speak with regard to this item, to please come forward. Shawn Simons said that the entire town should have sidewalks and Candace White asked that sidewalks be placed on Highway 19. With no one else speaking, Mayor Biard closed the public hearing. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Jason Rogers. Motion carried, 7 ayes - 0 nays. 13. Second reading, deliberate, and act on ORDINANCE NO. 2010-038: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ENACTING A NEW ARTICLE VII, RESIDENTIAL RESTRICTIONS FOR REGISTERED SEX OFFENDERS, TO CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; PROVIDING FOR THE REGULATION OF SEX OFFENDER RESIDENCE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Subject to a 1,000-foot restriction, a Motion to approve this item was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 005 Regular Council Meeting September 27, 2010 Page 5 14. First reading, deliberate, and possibly act on ORDINANCE NO. 2010-039: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS ("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC" OR "STEERING COMMITTEE") AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR "COMPANY") REGARDING THE COMPANY'S RATE REVIEW MECHANISM ("RRM") FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; RATEMAKING EXPENSES; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST REASONABLE; APPROVING ATMOS' PROOF OF REVENUES; EXTENDING THE RRM PROCESS FOR TWO CYCLES AND ADOPTING A NEW RRM TARIFF; RATIFYING THE SETTLEMENT AGREEMENT, INCLUDING COST RECOVERY FOR A STEEL SERVICE LINE REPLACEMENT PROGRAM; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENT 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 EFFECTIVE 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 Rhonda Rogers and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. 15. First reading, deliberate, and possibly act on ORDINANCE NO. 2010-040: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO TRANSFER FUNDS FROM UNENCUMBERED APPROPRIATION BALANCES TO OVER- EXPENDED ACCOUNTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A Motion to invoke the super majority rule was made by Council Member Pickle and seconded by Council Member Rhonda Rogers. Motion carried, 7 ayes - 0 nays. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Wright. Motion carried, 7 ayes - 0 nays. 006 Regular Council Meeting September 27, 2010 Page 6 16. Deliberate and act on RESOLUTION NO. 2010-098: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PARIS AND HAYTER ENGINEERING, INC. FOR ENGINEERING SERVICES RELATED TO THE SAFE ROUTES TO SCHOOL GRANT PROJECT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS; 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 McCarthy. Motion carried, 7 ayes - 0 nays. 17. Deliberate and act on RESOLUTION NO. 2010-099: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING CHANGE ORDER NO. 1, FINAL PAYMENT AND CLOSING THE CONTRACT FOR THE TEXAS CAPITAL FUND GRANT MAIN STREET SIDEWALK REPLACEMENT PROJECT, TO STEPHENS & SONS CONCRETE CONTRACTORS, INC.; 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 Rhonda Rogers. Motion carried, 7 ayes - 0 nays. 18. Deliberate and act on proposed sanitation RFP and options. (A motion to remove this item from the table is required before deliberating). A Motion to remove this item from the table was made by Council Member Pickle and seconded by Council Member Rhonda Rogers. Motion carried, 7 ayes - 0 nays. Council Members Pickle and Wright both stated they did not think it was Council's business to tell a company what to pay their employees. Mr. Carruth said it had previously been a consensus of Council to have that provision to ensure that city employees were taken care of if they went to work for the company. Mayor Biard reviewed with Council Members the RFP and it was a consensus of Council to make the following changes: page 187, line 66 - Section 16 be changed to Section 19; page 194, lines 353-356 be deleted beginning with the word "Contractor"; page 196, line 445 - determine what the current contract requires and require that amount of excess umbrella liability, but no more than $5,000,000.00; page 199, line 561 - add a proposed local transfer station to be maintained by the company; and that the return date of the RFP be changed to October 28th; Subject to the above-referenced changes, a Motion to authorize the City Manager to send out the RFP was made by Council Member Jason Rogers and seconded by Council Member Rhonda Rogers. Motion carried, 7 ayes - 0 nays. 0 0' Regular Council Meeting September 27, 2010 Page 7 19. Hearing and deliberate on the appointment of student members to various boards, commissions, and committees. Council Member Rhonda Rogers said that she had spoken with representatives of several school districts and that the following students were being recommended to serve on the various boards, commissions and committees: Davis White to the Airport Advisory Board, Morgan Beckman to the Paris Municipal Band Commission; Zachary Branch to the Historic Preservation Board; Matt Duren to the Building and Standards Board; Kendall McDonald to the Library Advisory Board; Will Henderson to the Main Street Advisory Board; Elizabeth Flick to the Planning and Zoning Commission; Alex Salas to the Traffic Commission; Houston Scott to the Visitor and Convention Council; and Jesse Wallace to the Zoning Board of Adjustment. A Motion to approve the recommendations was made by Mayor Biard and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 20. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Council Member Brown announced that he would be unavailable beginning October 5"' through October 10`h 21. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Jason Rogers. Motion carried, 7 ayes - 0 nays. The meeting was adjourned at 6:45 p.m. WILL BIARD, MAYOR JANICE ELLIS, CITY CLERK 009