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03 City Council Min. 03-28-05 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS March 28, 2005 1. The City Council of the City of Paris met in regular session at 6:00 P. M. Monday, March 28,2005, at the Love Civic Center, 2025 South Collegiate Drive, Paris, Texas. Present: Mayor: Curtis Fendley Council members: Jim Bell, Mayor Pro Tem, Scott Biard, Mary Ann Fisher, Karen Wilkerson, Rick Poston City staff: City Manager Tony N. Williams, City Attorney Larry W. Schenk, City Clerk Janice Ellis Absent: Council member: Don Wilson CONSENT AGENDA Upon a motion made by Councilman Poston and a second by Councilman Biard, the Council voted six (6) for and none (0) opposed to approve and adopt the consent agenda, Items 2, 3 and 4, as follows: 2. Approval of minutes for previous City Council meeting. (3-14-2005; 3-21-2005). 3. Receipt of reports and/or minutes from committees, boards, and commissions: A. Historic Preservation Commission. (3-9-2005) B. Building and Standards Commission. (2-21-2005) 4. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2005-044: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING A PROCLAMA TION DECLARING THE MONTH OF APRIL AS FAIR HOUSING MONTH; MAKING OTHER FINDINGS AND PROVISIONS RELA TED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. B. RESOLUTION NO. 2005-045: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AN APPLICATION FOR A GANG RESISTANCE EDUCATION AND TRAINING (G.R.E.A.T.) PROGRAM GRANT; AUTHORIZING THE 5. Regular City Council Meeting March 28, 2005 Page 2 EXPENDITURE OF FUNDS; ACCEPTING SAID GRANT A WARD 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. C. RESOLUTION NO. 2005-046: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING A MEMBER TO THE AIRPORT ADVISORY BOARD TO SERVE THE UNEXPIRED TERM OF VICTOR ABELES, WHICH EXPIRES DECEMBER 31, 2005; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Consider of and action on the following Ordinances: A. ORDINANCE NO. 2005-010: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, DECLARING THE UNOPPOSED CANDIDATE IN COUNCIL DISTRICT 5 FOR THE MAY 7, 2005, GENERAL ELECTION ELECTED TO OFFICE; DETERMINING THAT NO ELECTION BE HELD IN COUNCIL DISTRICT 5; DIRECTING THAT A COpy OF THIS ORDINANCE BE POSTED AT APPROPRIATE POLLING PLACES; DIRECTING THAT A CERTIFICATE OF ELECTION BE ISSUED TO SAID UNOPPOSED CANDIDATE; MAKING OTHER FINDINGS AND PROVISIONS RELA TED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Motion to approve by Councilwoman Fisher. Councilman Poston -second. Motion carried - 6 ayes, 0 nays 6. Public Hearing to consider an application to the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Mayor Fendley opened the public hearing and asked for anyone speaking in favor of this item to do so. Chief Karl Louis spoke in support of this item. Chief Louis stated this is a no cash match and that the Paris Police Department will receive approximately $25,158.00, which will help them buy equipment. Regular City Council Meeting March 28, 2005 Page 3 Mayor Fendley asked for anyone else speaking for or against this item to do so. With no one else speaking, Mayor Fendley closed the public hearing. 7. A. B. Consideration of the following resolutions: RESOLUTION NO. 2005-047: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE APPLICATION FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM (FORMERLY KNOWN AS THE LOCAL LAW ENFORCEMENT BLOCK GRANT); AUTHORIZING A MEMORANDUM OF UND ERS T AND IN G (M 0 U) WITH LAMAR COUNTY; A UTH 0 RIZIN G THE EXPENDITURE OF FUNDS; ACCEPTING SAID GRANT A WARD 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 PROVIDING AN EFFECTIVE DATE. Motion to approve by Councilman Bell. Councilwoman Wilkerson -second. Motion carried - 6 ayes, 0 nays. RESOLUTION NO. 2005-048: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT OF SALE AND A DEED FOR THE PURCHASE OF CITY OF PARIS PROPERTY BEING A PORTION OF LOT 5, CITY BLOCK 179-A, LOCATED AT 36 AND 40 EAST KAUFMAN STREET; MAKING OTHER FINDINGS AND PROVISIONS RELA TED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Motion to approve by Councilwoman Fisher. Councilwoman Wilkerson - second. Motion carried - 6 ayes, 0 nays. C. RESOLUTION NO. 2005-049: 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 HA YTERENGINEERING, INC. FOR THE PREPARATION OF A STORM WATER POLL UTI ON PREVENTION PLAN AS REQUIRED BY THE RULES AND REGULATIONS OF THE TEXAS COMMISSION ON Regular City Council Meeting March 28, 2005 Page 4 ENVIRONMENTAL QUALITY; MAKING OTHER FINDINGS AND PROVISIONS RELA TED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Motion to approve by Councilman Bell. Councilwoman Wilkerson - second. Motion carried - 6 ayes, 0 nays. 8. Staff Reports. A. Director of Public Works/City Engineer, Shawn Napier, gave a report regarding the status of City Projects as follows: The Lamar Avenue Utility Project is a project to widen Lamar Avenue from four lanes to five lanes from 20th Street to Collegiate. Buster Paving's time will expire in May of 2006, however, they expect to finish in October or November of2005. Barney Bray's construction time will expire in August 2005. Shawn reported that approximately 30% of the project had been completed. Other projects mentioned were the four tracts of right-of-way the City purchased, located at 20th Street and Pine Bluff turn lane. It is a project to build a turn lane to turn left onto Pine Bluff and is scheduled to be let in May 2005. A signal light project is scheduled to be completed sometime in 2006 at that intersection. TXDOT has awarded the City some safety money to build an overpass at Pine Mill and Loop 286, which has a tentative letting date of July 2006. Shawn informed the Council that there will be a TXDOT Planning and Programming meeting Thursday, March 31,2005, at 6:00 p.m. The meeting will be held at the PJC Ballroom. Tony thought it would be a good ideal for any of the Council that could, to attend the meeting to show support and appreciation for good works done by TXDOT. 9. Presentations. A. Don Taylor - 515 Bunker, Paris, spoke against two firefighters being assigned to light duty at the dog pound. B. Citizens Forum Mike Alexander - spoke on behalf of Lisa Overturf and against the City firing her. 10. Mayor Fendley convened the Council into Executive Session at 6:15 p.m. pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive advice of legal counsel pertaining to pending or possible litigation and to 11. 12. 13. Regular City Council Meeting March 28, 2005 Page 5 receive advice of legal counsel pursuant to the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, regarding the following matters: A. The City of Paris vs. Standard Life & Accident Insurance Company and Brokers Risk Placement, Inc., Cause No. 72052, pending in the 62nd Judicial District Court for Lamar County, Texas. Mayor Fendley closed the Executive Session at 6:25 p.m. and reconvened the open . seSSIon. Motion by Councilman Bell to approve the settlement offer. Second - Councilman Poston. Motion carried - 6 ayes, 0 nays. Possible future agenda items. None were referenced. Referrals. There were no referrals. There being no further business, the meeting was adjourned. CURTIS FENDLEY, MAYOR JANICE ELLIS, CITY CLERK