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06-Minutes from meeting on July 25, 2011CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 08/O1/2011 Council Date: 08/08/2011 Originating Department: City Clerk Presented By: Janice Ellis Agenda Item No.: 6. RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE(S): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meeting of July 25, 2011. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meeting 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 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 3 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS July 25, 2011 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, July 25, 2011, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Joe McCarthy; John Wright; Richard Grossnickle; Matt Frierson; and Edwin Pickle City Staff: Gene Anderson, Interim City Manager/Finance Director; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Shawn Napier, City Engineer; Kent Klinkerman, EMS Director; Ronnie Grooms, Fire Chief; Ron Sullivan, Public Works Director; and Priscilla McAnally, Library Director Ouenin2 Aunda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Pastor Lazaroff gave the invocation. Pledge of Allegiance. Council Member Frierson led the pledge. 4. Citizens' forum. Steve McFarland, 3249 W. Kaufinan Street - he complained about solicitors. William Conder, 1870 E. Polk - he said the Code of Ethics should not be changed, citing an incident between PEDC and CTech that occurred in May 2003. Henry Shaw, 1530 N.E. 1S` Street - he said since 1928 the Boys Club, now the Boys and Girls Club of Red River Valley have provided youth with a fun safe place to go during the summer. Mr. Shaw invited everyone to attend the Johnny Stallings Great Paris Turtle Float to be held at the Lamar County Fairgrounds August 13"' at noon. 4 Regular Council Meeting July 25, 2011 Page 2 Patsy Carcuffe, 315 York Street - she complained about her drainage problein. Larry Walker, 842-13`h S.E. - he said the there were several corners in the City that were not wheelchair accessible, citing in front of the Post Office and First United Methodist Church. Consent Aaenda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. City Council discussed Ramada Inn and LaQuinta's delinquent tax situation. Gene Anderson said that LaQuinta was in bankruptcy status and that Ramada Inn had made partial payment. He also told the Council that it was his understanding that Ramada Inn was under a sale contract, but that he would check on this and get back to the Council. Council Members Wright and Pickle asked Ron Sullivan to include Ballard Drive on the Ditch Maintenance Report. A Motion to approve the Consent Agenda was made by Council Member Pickle and seconded by Council Member Frierson. The Council voted six (6) for and none (0) opposed to approve and adopt Consent Agenda Items 5, 6, 7, and 8. Deliberate and act on the approval of minutes from the meeting on July 11, 2011. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Traffic Commission (4-5-201 l ) 7. Deliberate on June monthly financial report. 8. Deliberate on drainage ditch maintenance report. Regular Ap-enda 9. Deliberate on Paris Economic Development Corporation's Quarterly Report. PEDC Executive Director Steve Gilbert gave his quarterly report. Mr. Gilbert said at the suggestion of the Mayor, he would be presenting quarterly reports on a two month period. Mr. Gilbert spoke about the budget hi-lights, the upcoming meeting on Thursday and gave project updates. At the end of Mr. Gilbert's presentation, Mayor Hashmi asked that Mr. Gilbert keep City Council informed as to what action was being taken with regard to the information that was received by PEDC. 10. Deliberate and act on the selection process for the appointment of a replacement for Council seat District Two. 5 Regular Council Meeting July 25, 2011 Page 3 Mr. Anderson suggested that the Council accept letters as to why a candidate was interested in serving on the Council, that the City Clerk review the applications for qualification purposes pursuant to the Charter, that Council set a deadline for receiving applications, that Council hold a special meeting to interview applicants and select a candidate to fill the unexpired term in Council District Two. A Motion to follow the procedure set out by Mr. Anderson and an imposing a deadline of August 15th for receiving applications was made by Council Member McCarthy and seconded by Council Member Wright. Motion carried, 6 ayes - 0 nays. 11. Deliberate and possibly act on RESOLUTION NO. 2011-058: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACKNOWLEDGING FORMAL RECEIPT OF THE 2011 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 Pickle and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. 12. Presentation and deliberation on the 2011-2012 Budget for the City of Paris. Gene Anderson presented the proposed budget to City Council and asked that they forward possible workshop dates to the City Clerk. 13. Deliberate and possibly act on RESOLUTION NO. 2011-059: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CALLING A PUBLIC HEARING FOR AUGUST 8, 2011 ON THE CITY MANAGER'S PROPOSED BUDGET FOR FISCAL YEAR 2011-2012; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mr. Anderson said that the City Charter required a public hearing on the proposed budget and he suggested that it be held August 8, 2011. A Motion to approve this item was made by Council Member Frierson and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. 14. Deliberate on the impact of SB 100 pertaining to municipal elections. City Clerk Janice Ellis said recently passed SB 100 could potentially impact city elections. She said that the biggest change was that County Election Administrators were no longer required to enter into a contract to furnish election services for an election held on the second Saturday in May in even-numbered years. Ms. Ellis she attended a meeting at the City of Allen, where municipalities discussed purchasing electronic voting machines and conducting their own elections, moving City Council elections to November and conducting municipal 6 Regular Council Meeting July 25, 2011 Page 4 elections only in odd-numbered years. She also said that discussion and options were still in the early stages, that a decision did not need to be made and that time, and that she would keep City Council informed as she received additional information. 15. Deliberate and possibly act on RESOLUTION NO. 2011-060: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING CHANGE ORDER NO. ONE TO THE CONTRACT FOR THE STILLHOUSE ROAD WIDENING PROJECT FROM LEVI LANE TO LEWIS LANE; AUTHORIZING FINAL PAYMENT; 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 Wright and seconded by Council Member Grossnickle. Motion carried, 6 ayes - 0 nays. 16. First reading, deliberate and possibly act on ORDINANCE NO. 2011-022: AN ORDINANCE OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC CONTROL MAP ADOPTED IN SECTION 31-65, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; ESTABLISHING STOP SIGNS ON JEFFERSON ROAD AND SOUTH COLLEGIATE DRIVE FOR EAST AND WEST BOUND TRAFFIC; AND ESTABLISHING YIELD SIGNS FOR VEHICLES TURNING RIGHT NORTHBOUND OR SOUTHBOUND FROM JEFFERSON ONTO COLLEGIATE; 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 Wright. Motion carried, 6 ayes - 0 nays. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Wright. Motion carried, 6 ayes - nays. 17. First reading, deliberate and possibly act on ORDINANCE NO. 2011-023: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC CONTROL MAP ADOPTED IN SECTION 31-65, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; ESTABLISHING A TRAFFIC LIGHT AT THE INTERSECTION OF 42ND ST. SE AT LAMAR AVE. (US HWY 82 EAST); 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 Pickle and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. ~ Regular Council Meeting July 25, 2011 Page 5 A Motion to approve this item was made by Council Member Wright and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. 18. First reading, deliberate and possibly act on ORDINANCE NO. 2011-024: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 13, FLOOD DAMAGE PREVENTION AND CONTROL OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS TO ADOPT A REVISED FLOOD DAMAGE PREVENTION ORDINANCE BASED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA) MODEL FLOOD PLAN MANAGEMENT ORDINANCE; DESIGNATING A FLOODPLAIN ADMINISTRATOR; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Napier said the Federal Emergency Nlanagement Agency (FEMA) had currently completed changes to the City's floodplain maps and that the new maps were scheduled to become effective August 16, 2011. City Engineer Shawn Napier said that the major change in the ordinance provided a more stringent requirement for all new structures and substantial improvements to be constructed at least two feet above the base flood elevation. A Motion to invoke the super majority rule was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. A Motion to approve this item was made by Council M:ember McCarthy and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. 19. Deliberate and act on appointment of City Council Members to serve as liaisons on the Traffic Commission and the Paris Public Library Board. Mr. Anderson said with the resignation of Council Member Rogers, there were no City Council liaisons serving on these two boards. It was a consensus of the City Council that Council Member McCarthy would serve on the Traffic Commission and that Mayor Hashmi would serve on the Library Board, until a new Council Member was seated in District Two. 20. First reading, deliberate and possibly act on ORDINANCE NO. 2011-025: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AMENDING SECTION 2-303 "STANDARDS OF CONDUCT" OF ARTICLE IV CODE OF ETHICS AND CONDUCT OF CHAPTER 2, ADMINISTRATION OF THE CODE OF ORDINANCES OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Anderson explained that the proposed amended Code of Ethics would allow any board or commission member excluding the City Council, to do business with the City of Paris. City Attorney Kent McIlyar explained that if a board member had a substantial interest in a 8 Regular Council Meeting luly 25, 2011 Page 6 business that contracted with the City of Paris, the board member would not be able to vote on any matter that pertained to the business pursuant to Chapter 171 of the Texas Local Government Code, which governs conflicts of interest in these types of instances. A Motion to invoke the super majority rule was made by Council Member Frierson and seconded by Council Member Frierson. Motion carried, 6 ayes - 0 nays. A Motion to approve this item was made by Council Member Grossnickle and seconded by Council Member Frierson. Motion carried, 6 ayes - 0 nays. 21. Deliberate and act on RESOLUTION NO. 2011-061: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A NEW LEASE AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS AND AGPRO, INC. FOR 400 ACRES OF LAND AT COX FIELD AIRPORT IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS; 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. Mr. Anderson said that AGPRO had leased a 400 acre tract of the Airport property from the City for livestock grazing and dairy farm research facilities for the last 35 years. He also said that the original Lease Agreement had expired and that the parties desired to enter into a new Lease Agreement of 400 acres. Council Member Wright wanted to know if bids were taken and Mr. Anderson said no. Counci] Meinber Grossnickle said the price the City would be getting per acre was standard. Mr. Anderson said that AGPRO had been beneficial in helping get Daisy Dairy to Paris. Ted Gribble of AGPRO said that they moved here forty years ago and had moved two businesses here. Mr. Gribble said part of their original package was that they would be able to have a research farm. He also said that they had replaced all fences, fertilized the property, and had conducted three major research projects. A Motion to approve this item was made by Council Member Frierson and seconded by Council Member Grossnickle. Motion carried, 6 ayes - 0 nays. 22. Convene into Executive Session: a. 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: discuss and deliberate candidates for the position of City Manager. b. Pursuant to Section 551.087 of the Texas Government Code (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have located, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development _ 9 Regular Council Meeting luly 25, 2011 Page 7 negotiations; or (2) to deliberate ihe offer of a financial or other incentive to a business prospect described by Subdivision (1). c. Pursuant to Section 551.072 of the Texas Government Code to discuss and deliberate the purchase, exchange, lease, or value of real property. After a brief recess, Mayor Hashmi convened City Council into Executive Session at 6:46 p.m. 23. Reconvene into open session, deliberate and possibly take action on those matters discussed in executive session. Mayor Hashmi reconvened City Council into open session at 7:50 p.m. Mayor Hashmi said that City Council had received project updates from Steve Gilbert. He also said that Council had discussed candidates, qualifications and would be interviewing two candidates. 24. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Mr. Anderson reminded everyone of the special meeting scheduled for Friday at 7:30 a.m. to tour city facilities. 25. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Frierson. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 7:53 p.m. A.J. HASHMI, MAYOR JANICE ELLTS, CITY CLERK 10