05 Approval of Official Record of CouncilCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
11/18/08
Council Date:
City Clerk
Janice Ellis
5.
11 /24/08
RECOMMENDED MOTION:
Motion to approve as presented.
POLICY ISSUE(S):
Approval of Official Record of Council.
BACKGROUND:
Council Minutes from the meetings
on October 27, 2008; November 10, 2008; and
November 17, 2008.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
The attached minutes from the meetings
ACTION:
BUDGET INFO:
❑ Financial Report Z 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:
Z Administration Z Ciry Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ❑ Legal ❑ Library
❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris
• U(a0001.
Revised 2/04/08
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REGULAR MEETING
OF THE CITY COUNCIL, CITY OF PARIS
October 27, 2008
The City Council of the City of Paris met for a regular session at 5:00 P. M. Monday, October
27, 2008, 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; and Edwin Pickle
City Staff: Kevin Carruth, City Manager, Kent McIlyar,
City Attorney; Janice Ellis, City Clerk; Gene
Anderson, Finance Director; Shawn Napier,
City Engineer; Doug Harris, Director of
Utilities; Lisa Wright, Community
Development Director; Priscilla McAnally,
Library Director; Tom Hunt, Municipal Judge;
Karl Louis, Police Chief; and Ronnie Grooms,
Fire Chief
Onening Agenda
1. Call meeting to order.
Mayor Freelen called the meeting to order at 5:10 p.m.
2. Invocation.
Gene Anderson gave the invocation.
3. Pledge of Allegiance.
Council Member Biard led the pledge.
4. Convene in joint session with the Paris Economic Development Corporation.
Mayor Freelen convened City Council into a joint session with the Paris Economic
Development Corporation at 5:12 p.m. Vice-President Bawcum convened Paris Economic
Development Corporation into session. PEDC Board Members attending the meeting were Glenn
Bawcum, Chad Brown, Dick Severson, John Wright, and Pike Burkhart. Also, in attendance was
PEDC Director Pete Kampfer.
5. Hear and deliberate on presentation from Consensus Planning on the Strategic Planning
Process.
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Regular City Council Meeting
October 27, 2008
Page 2
Pete Kampfer introduced Jim Strozier of Consensus Planning, Inc. Mr. Stozier gave a
presentation outlining the process for the strategic plan for the City of Paris.
Mr. Stozier explained it would take eight to ten months to complete the project. Council
Member Brown inquired about funding of the project. Pete Kampfer said he was going to ask the
PEDC Board to consider funding the project.
6. Adjourn joint meeting with the Paris Economic Development Corporation.
A Motion to adjourn the meeting with PEDC was made by Council Member McCarthy and
seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays. Vice-President Bawcum
adjourned the PEDC meeting.
Upon adjournment of the joint meeting with Paris Economic Development Corporation,
Mayor Freelen continued with the regular City Council meeting.
7. Citizens' forum.
Leo Salas, 205 N.E. 10`h Street - he objected to the cell phone ordinance as written, because
operators with FCC licenses would be unable to operate their radios.
Bee Garmon, 424 N.E. 17`h - she said the Keep Paris Beautiful and Make Lamar County Shine
wanted to organize volunteers to adopt a site to keep clean, such as a city park. She said this would
free up city employees to do other work.
Nancy Bratteli, 3185 Allen - she commended Kevin Carruth for his support in the school
system and the community. In addition, she read a letter from Pat Gilbert, Principal of Aiken
Elementary School, who also commended Kevin Carruth for his involvement in the school system
and the community.
Edwin Pickle - he said he would like for the city employees to become more involved in the
United Way Campaign.
Consent Agenda
Mayor Freelen said they needed to move items 11, 12 and 13 to the regular agenda, because
the items were ordinances. A Motion to move items 11, 12 and 13 to the regular agenda was made
by Council Member Biard and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays
Mayor Freelen asked if there were any items Council wanted to pull for discussion. Council
Member Kear inquired if the City staff had heard back from Intercon Demolition regarding the Casa
Bonita project. Lisa Wright said she had received the contracts on Friday and taken them to the City
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Regular City Council Meeting
October 27, 2008
Page 3
Attorney's Office this morning for review.
8. Deliberate and act on the approval of minutes from the meetings on October 7, 2008; October
13, 2008; and October 20, 2008.
9. Receive and deliberate on reports and/or minutes from the following boards, commissions,
and committees:
a. Planning and Zoning (October 6, 2008)
10. Deliberate and acceptance of September monthly financial report.
14. Deliberate Casa Bonita demolition project.
Subject to the minutes of October 13, 2008, being corrected to reflect that Vickey Odell
should be Vickey Ladell, Council Member McCarthy made a Motion to approve the Consent Agenda
and Council Member Biard seconded the Motion. The Council voted six (6) for and none (0)
opposed to approve and adopt Consent Agenda Items 8, 9, 10, and 14.
Regular Agenda
11. First Reading - ORDINANCE NO. 2008-036: AN ORDINANCE OF THE CITY COLJNCIL
OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID
WASTE COLLECTION PERMIT TO SANITATION SOLUTIONS, FOR THE PURPOSE
OF ENGAGING IN THE BUSINESS OF COLLECTING AND/OR TRANSPORTING
SOLID WASTE FROM COMMERCIAL AND 1NDUSTRIAL UNITS WITHIN THE CITY
LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND
CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARiNG AN EFFECTNE
DATE.
12. First Reading - ORDINANCE NO. 2008-037: AN ORDINANCE OF THE CITY COIINCIL
OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID
WASTE COLLECTION PERMIT TO WASTE MANAGEMENT OF TEXAS, FOR THE
PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND/OR
TRANSPORTING SOLID WASTE FROM COMMERCIAL AND 1NDUSTRIAL UNITS
WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC
NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
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Regular City Council Meeting
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Page 4
13. First Reading - ORDINANCE N0.2008-038: AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID
WASTE COLLECTION PERMIT TO TRASITY BUSINESS, FOR THE PURPOSE OF
ENGAGING IN THE BUSINESS OF COLLECTING AND/OR TRANSPORTING SOLID
WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS
OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND
CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTNE
DATE.
A Motion to move to a super majority vote on items 11, 12 and 13 was made by Council
Member Brown and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays.
A Motion to approve items 11, 12 and 13 was made by Council Member McCarthy and
seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays.
15. Public hearing, deliberate and act on second reading of ORDINANCE NO. 2008-039: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING
THE BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER 1, 2008,
AND ENDING SEPTEMBER 30, 2009, AS AMENDED, IN ACCORDANCE WITH THE
CHARTER OF THE CITY OF PARIS; APPROPRIATING THE VARIOUS AMOUNTS
THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; 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. Mayor Freelen asked for anyone wishing to
speak in opposition, 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 McCarthy. Motion carried, 6 ayes - 0 nays.
16. First Reading of AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, ESTABLISHING MAXIMUM, REASONABLE AND PRUDENT RATES OF
SPEED ON FM 79 FROM THE NORTHWEST CITY LIMITS SOUTH TO BUSINESS US
82/BONHAM STREET 1N THE CITY OF PARIS, TEXAS; PROVIDiNG A REPEALER
CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
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Regular City Council Meeting
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17. First reading of AN ORDINANCE OF THE CITY COLTNCIL OF THE CITY OF PARIS,
TEXAS, AMENDING THE CITY OF PARIS CODE OF ORDINANCES BY REVISING
SECTION 26-1 OF SAID CODE TO AUTHORIZE THE STAFFING LEVELS OF THE
POLICE DEPARTMENT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY
CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE.
18. RESOLUTION NO. 2008-093: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES CONTRACT WITH HDR
ENGINEERING, 1NC. FOR WATER SUPPLY PLANNING CONSULTING SERVICES
FOR LAKE PAT MAYSE WATER AVAILABILITY STUDY TO INCREASE THE NOT
TO EXCEED PRICE IN THE EXISTING CONTRACT; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE
DATE.
City Council discussed the increase of the HDR contract. Initially Council approved
$75,000.00 and HDR requested an additional $95,000.00 to cover the expense of work that needed
to be done to complete the project.
A motion to approve this item with the amendment to equal the amount of $122,500.00 as a
maximum cap to HDR's contract was made by Council Member Kear and seconded by Council
Member Brown. Motion carried, 6 ayes - 0 nays.
19. RESOLUTION NO. 2008-094: A RESOLUTION OF THE CITY COLJNCIL OF THE CITY
OF PARIS, TEXAS, AUTHORIZING THE CITIES AGGREGATION PROJECT, 1NC.
(CAPP) TO NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF
ELECTRICITY AND NECESSARY RELATED SERVICES EFFECTIVE JANUARY l,
2009; APPROVING CAPP CONTRACTING WITH FPL ENERGY AND DIRECT
ENERGY AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH
CAPP FOR THE CITY'S ELECTRICITY NEEDS FOR THE PERIOD BEGINNING
JANUARY 1, 2009 AND EXTENDING UP TO DECEMBER 31,2013; COMMITTING TO
BUDGET FOR ENERGY PURCHASES AND TO HONOR THE CITY' S COMMITMENTS
TO PURCHASE POWER THROUGH CAPP FOR ITS ELECTRICAL NEEDS FOR THE
PERIOD BEGINNING JANUARY 1, 2009, AND EXTENDING UP TO DECEMBER 31,
2013; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
AND DECLARING AN EFFECTIVE DATE.
City Council discussed the term and amount of the contract of a fixed rate for a five year
electrical contract at eight to eight and one-half percent with FPL and Direct Energy. This would
include all city facilities.
,
$
A Motion to approve this item was made by Council Member Biard and seconded by Council
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Regular City Council Meeting
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Page 6
Member McCarthy. Motion carried, 6 ayes - 0 nays.
20. First reading of AN ORDINANCE OF THE CITY COtJNCIL OF THE CITY OF PARIS,
TEXAS, AMENDING CHAPTER 31, TRAFFIC CODE, OF THE CODE OF
ORDINANCES BY ADDING A NEW DIVISION 4, USE OF HAND HELD DEVICES IN
SCHOOL ZONES, AND SECTION 31-58, REGULATING THE USE OF HAND-HELD
MOBILE TELEPHONES AND MOBILE COMMUNICATION DEVICES IN REDUCED
SPEED SCHOOL ZONES; MAKING OTHER FINDINGS AND PROVISION RELATED
TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE,
A SAVINGS CLAUSE, A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE
DATE.
City Council directed staff to include in this ordinance an exception for emergency services.
21. Convene into Executive Session pursuant to Section 551.074 of the Texas Government Code,
to deliberate the appointment, employment, evaluation, or reassignment, duties, discipline,
or dismissal of a public officer or employee as follows:
a. Annual evaluation of the City Manager.
Mayor Freelen convened Council into executive session at 7:26 p.m.
22. Convene into open session to deliberate and possibly act on matters discussed in executive
session.
Mayor Freelen reconvened Council into open session at 8:34 p.m. and announced that there
was no action to be taken.
23. Oath of Office for District Seven Council Member to be administered to Rhonda Rogers.
City Clerk Janice Ellis administered the Oath of Office to Rhonda Rogers.
24. Consider and approve future events for City Council and/or City Staff pursuant to Resolution
No. 2004-081.
25. Deliberate on possible future agenda items.
Council Member McCarthy requested an update on LaQuinta.
Council Member Kear requested a presentation from the Lake Pat Mayse Water Study
Committee.
Regular City Council Meeting
October 27, 2008
Page 7
Council Member Kear requested an item on short and long term plans for the water treatment
plant.
Mayor Freelen requested an update on One Oak.
Council Members McCarthy and Brown requested an update on Westgate.
26. Adjournment.
There being no further business, a Motion to adj ourn was made by Council Member Biard and
seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. The meeting was adjourned
at 8:47 p.m.
JESSE JAMES FREELEN, MAYOR
JANICE ELLIS, CITY CLERK
omos
REGULAR MEETING
OF THE CITY COUNCIL, CITY OF PARIS
November 10, 2008
The City Council of the City of Paris met for a work session at 5:00 P. M. followed
immediately by meeting in regular session on Monday, November 10, 2008, at the City Council
Chamber, 107 E. Kaufrnan, 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 Cairuth, City Manager; Kent McIlyar,
City Attorney; Janice Ellis, City Clerk; Gene
Anderson, Finance Director; Shawn Napier,
City Engineer; Doug Harris, Director of
Utilities; Lisa Wright, Community
Development Director; Karl Louis, Police
Chief; and Ronnie Grooms, Fire Chief
Mayor Freelen called the work session to order at 5:00 p.m. and moved the work session to
the City Council conference room. Council discussed the Consent Agenda items and took no action
during the work session.
Openin$ Agenda
1. Call meeting to order.
Mayor Freelen called the regular meeting to order at 6:08 p.m.
2. Invocation.
Reverend Jason Rogers gave the invocation.
3. Pledge of Allegiance.
Council Member Pickle led the pledge.
4. Citizens' forum.
Josh Bray of Sanitation Solutions, 1580 Cobb Ranch Road - he told City Gouncil that they
were in the process of permitting a landfill and that they would like the oppartunity to bid on the
landfill contract.
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Regular City Council Meeting
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Don Holladay, 3935 Oleander - he said the reclassifications and new position should not be
considered at this meeting, but at the next budget cycle.
Don Taylor, 515 Bunker - he said there was a problem between the fire marshal and building
official. Mayor Freelen told him that was being resolved.
Ray Banks, 3450 Robin Road - he said he did not understand why Mr. Holliday and Mr.
Taylor were not allowed to complete their remarks. Mayor Freelen replied that the previous speakers
began making derogatory personal comments about staff and this was not the forum to do that.
Consent Agenda
Mayor Freelen stated that City Council had covered the consent agenda items in the work
session and inquired if anyone desired to have additional discussion. No additional discussion was
requested. Council Member McCarthy made a Motion to approve the Consent Agenda and Council
Member Brown 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, 10, 11, and 12.
5. RESOLUTION NO. 2008-095: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS, AWARDING THE BID FOR THE PURCHASE OF FOUR (4) 2009
FORD CROWN VICTORIA POLICE PATROL CARS FOR USE IN THE PARIS POLICE
DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
6. Deliberate and acceptance of monthly financial report.
Finance Director Gene Anderson presented the October 2008 financial report to City Council.
7. Report on actuals for the 2007-2008 budget year.
Gene Anderson gave a report of actual revenues and expenditures for the Fiscal Year 2007-08.
Deliberate on drainage ditch maintenance report.
Shawn Napier told City Council that a total of 704.5 labors and $57,827.00 were used to
complete 39 projects.
9. Report on goals and objectives.
Kevin Carruth gave an updated report on the goals and objectives. (See Exhibit "A" attached)
10. Deliberate on Casa Bonita demolition project.
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Page 3
Lisa Wright stated the contract documents were received back from Intercon on October 24`'',
but that the bond was not signed and not in the correct amount. She said Intercon told her they would
remedy this and forwarded a corrected bond. Ms. Wright said she anticipated a notice to proceed
being issued on all buildings in the complex by the date of the next Council meeting, with demolition
beginning by no later than mid-November.
11. Report on demolition of dilapidated hauses.
Lisa Wright gave the activity report for the month of October.
12. RESOLUTION NO. 2008-096: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS, APPROViNG AND AUTHORIZING THE EXECUTION OF A
LICENSE AND SERVICE AGREEMENT WITH CIVICPLUS TO DESIGN, DEVELOP,
1NSTALL, IMPLEMENT, TEST AND SUPPORT THE CITY'S WEBSITE PROJECT;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTNE DATE.
Regular Agenda
13. Second reading, deliberate and act on ORDINANCE NO. 2008-040: AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ESTABLISHING MAXIMUM,
REASONABLE AND PRUDENT RATES OF SPEED ON FM 79 FROM THE
NORTHWEST CITY LIMITS SOUTH TO BUSINESS US 82BONHAM STREET IN THE
CITY OF PARIS, TEXAS; PROVIDING A REPEALER CLAUSE, A SEVERABILITY
CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Subject to a typo on the speed limit being changed to fifty-five, a Motion to approve this item
was made by Council Member McCarthy and seconded by Council Member Rogers. Motion carried,
7 ayes - 0 nays.
14. Second reading, deliberate and act on ORDINANCE NO. 2008-041: AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE CITY OF
PARIS CODE OF ORDINANCES BY REVISING SECTION 26-1 OF SAID CODE TO
AUTHORIZE THE STAFFING LEVELS OF THE POLICE DEPARTMENT; PROVIDING
A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
A Motion to approve this item was made by Council Member Brown and seconded by Council
Member Kear. Motion carried, 7 ayes - 0 nays.
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Regular City Council Meeting
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15. Second reading, deliberate and act on ORDINANCE NO. 2008-042: AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 31,
TRAFFIC CODE, OF THE CODE OF ORDINANCES BY ADDING A NEW DIVISION 4,
USE OF HAND HELD DEVICES IN SCHOOL ZONES, AND SECTION 31-58,
REGULATING THE USE OF HAND-HELD MOBILE TELEPHONES AND MOBILE
COMMUNICATION DEVICES IN REDUCED SPEED SCHOOL ZONES; 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 approve this item was made by Council Member Pickle and seconded by Council
Member Brown. Motion carried, 7 ayes - 0 nays.
16. Public hearing to provide an opportunity to present comments and written evidence;
deliberate, first reading and possibly act on ORDINANCE NO. 2008-043: AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND
ADOPTING REVISIONS TO THE FUTURE LAND USE PLAN MAP FOR THE CITY OF
PARIS AS SETH FORTH HEREIN; MAKING OTHER FINDINGS AND PROVISIONS
RELATE D TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A PENALTY
CLAUSE AND PROVIDING AN EFFECTIVE DATE:
a. That the future land use recommended for the property located on Lot 1, City Block
307-A, being number 3215 North Main Street, be changed from Retail to Light
Industrial.
b. That the future land use recommended for the property located on 8.5 acres being a
part of the A208 E. Crow Survey, Tracts 24 and 78, being number 4050 Pine Mill
Road, be changed from Low Density Residential to High Density Residential.
Lisa Wright asked that the public hearings under items 16 a and 17 be combined, as well as
16b and 17.
A Motion to combine the public hearings as requested was made by Council Member
McCarthy and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays.
Lisa Wright explained that the property owner wanted to build a warehouse at 3215 N. Main
for the purpose of serving Campbell Soup. She said the Future Lane Use Plan Map recommends that
this area be zoned for retail use and a warehouse would not be allowed. She also said the Planning
and Zoning Commission recommended that the map be amended to allow for Light Industrial use for
this property.
Lisa Wright said the property owner of 4050 Pine Mill Road wanted to build several duplexes
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Regular City Council Meeting
November 10, 2008
Page 5
and four-plexes on the property. Ms. Wright said the Future Land Use Plan Map recommended that
this area be zoned for Low Density Residential use and that the Planning and Zoning Commission
recommended that the map be amended to allow for Light Industrial Use on this property.
Council Member Biard expressed a concern about 3215 N. Main being a gateway entrance
and inquired if the property owner would have to submit a plat. Lisa Wright answered in the
affirmative. Council Member Rogers said she would like to speak with her constituents prior to
voting on this item.
Mayor Freelen opened the public hearing and asked anyone wishing to speak about the
property located at 3215 N. Main, to please come forward. Without no one speaking, Mayor Freelen
closed the public hearing.
Mayor Freelen opened the public hearing and asked anyone wishing to speak about the
properiy located at 4050 Pine Mill Road, to please come forward. Wayne Brown, 3305-33rd N.E.
spoke in support of the item. With no one else speaking, Mayor Freelen closed the public hearing.
A Motion to consider this item by a super majority vote was made by Council Member Brown
and seconded by Council Member Pickle. Motion carried, 6 ayes - 1 nay, with Council Member
Rogers casting the dissenting vote.
A Motion to approve the amendments to the Future Lane Use Plan Map was made by Council
Member Kear and seconded by Council Member Pickle. Motion carried, 6 ayes -1 nay, with Council
Member Rogers casting the dissenting vote.
17. Public hearing, deliberate, first reading and possibly act on 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 307-A, CITY OF PARIS, LAMAR COUNTY, TEXAS,
FROM A COMMERCIAL DISTRICT (C) TO A LIGHT INDUSTRIAL DISTRICT (LI)
DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE
CITY; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE.
The public hearing was conducted under item 16. Council Member Biard said he wanted to
obtain more information prior to voting on this item. It was a consensus of the City Council to bring
this ordinance back for a second reading.
18. Public hearing, deliberate, first reading and possibly act on ORDINANCE NO. 2008-044:
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 AN 8.5 ACRE TRACT OF LAND,
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Regular City Council Meeting
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Page 6
BEING A PART OF THE E. CROW SURVEY, A208, TRACT 24 AND 78 AND BEING
LOCATED AT 4050 P1NE MILL ROAD, CITY OF PARIS, LAMAR COUNTY, TEXAS
FROM AN AGRICULTURAL DISTRICT (A) TO A MULTIPLE-FAMILY DWELLING
DISTRICT NO. 2(MF-2) DIRECTiNG A CHANGE ACCORDINGLY 1N THE OFFICIAL
ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE
DATE.
The public hearing was conducted under item 16. A Motion to consider this item by a super
majority vote was made by Council Member McCarthy and seconded by Council Member Brown.
Motion carried, 6 ayes - 1 nay, with Council Member Rogers casting the dissenting vote.
A Motion to approve this item was made by Council Member McCarthy and seconded by
Council Member Brown. Motion carried, 6 ayes - 1 nay, with Council Member Rogers casting the
dissenting vote.
19. RESOLUTION NO. 2008-097: A RESOLUTION OF THE CITY COLINCIL OF THE CITY
OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A
GRANT APPLICATION WITH THE U.S. ENVIRONMENTAL PROTECTION AGENCY
FOR A BROWNFIELDS CLEANUP GRANT FOR THE PURPOSE OF MITIGATING
ENVIRONMENTAL HAZARDS AT THE GRANT THEATER; AUTHORIZING THE
CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF PARIS ANY AND ALL
DOCUMENT S ASSOCIATED WITH THE APPLICATION FOR SAID GRANT; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTNE DATE.
Mayor Freelen opened the public hearing and asked anyone wishing to speak in support or
opposition of this item, to please come forward. Gary Brown, 32 Clarksville Street, spoke in support
of this item. With no one else speaking, Mayor Freelen closed the public hearing.
A Motion to approve this item was made by Council Member Biard and seconded by Council
Member Kear. Motion carried, 7 ayes - 0 nays.
20. Deliberate and act on the Master Plat and Preliminary Plat of Lot 3, Block A, Pine Mill
Business Park, located in the 3700 block of Pine Mill Road.
Shawn Napier recommended that the plats be approved.
A Motion to approve the plats was made by Council Member Brown and seconded by Council
Member Rogers. Motion carried, 7 ayes - 0 nays.
21. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
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Regular City Council Meeting
November 10, 2008
Page 7
APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES CONTRACT WITH CONSENSUS PLANNING, INC. FOR STRATEGIC
PLANNING CONSULTING SERVICES; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE
DATE.
Kevin Carruth said the City requested qualifications and received four responses by the
September 8 deadline. He said the RFQ Committee interviewed Consensus Planning and BWR
Engineering on September 29 and the Committee recommended Consensus Planning. Mayor Freelen
stated that originally PEDC had agreed to pay the full amount, but had since agreed to pay only one-
half. Several Council Members expressed dissatisfaction with the cost of the consultant, as well as
an example of their work due to grainmatical errors. Several Council Members preferred that the City
staffdraft a strategic business plan. Mayor Freelen explored the possibility of hiring someone to train
the department heads on preparation of a business strategic plan. Council Member Rogers said she
wanted to make sure that implementation of the plan was included in the training. Council Member
Biard suggested they not take action on this item until a later date.
A Motion to table this item was made by Council Member Biard and seconded by Council
Member Pickle. Motion carried, 7 ayes - 0 nays.
22. Convene into Executive Session pursuant to Section 551.071 ofthe 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:
a. To receive Attorney advice regarding legal issues on a proposed amendment to the
landfill contract with Waste Management.
A Motion to discuss this item in open session was made by Council Member Brown and
seconded by Council Member Pickle. Council Member Biard said he was not comfortable discussing
this item in open session, because it was posted to receive advice regarding legal issues. Council
Meinber Biard inquired if this item was to discuss only legal issues. City Attorney Kent McIlyar
answered in the affirmative. Council Member Brown withdrew his motion and Council Member
Pickle withdrew his second.
Mayor Freelen convened City Council into executive session at 7:20 p.m.
23. Reconvene in open session to deliberate and possibly act on matters discussed in Executive
Session.
Mayor Freelen reconvened City Council into open session at 7:35 p.m. and announced there
~ (100<<15
Regular City Council Meeting
November 10, 2008
Page 8
was no action to be taken.
24. RESOLUTION NO. 2008-098: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF PARIS, TEXAS AND LAMAR COUNTY, TEXAS TO MAKE APPLICATION
TO THE U.S. DEPARTMENT OF JUSTICE FOR A GRANT FOR THE CONTINUATION
OF THE LAMAR COUNTY FELONY CRIMES UNIT; 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 PROVIDING AN EFFECTNE DATE.
A Motion to approve this item was made by Council Member Biard and seconded by Council
Member McCarthy. Motion carried, 7 ayes - 0 nays.
25. Deliberate on reclassifications and Safety Officer position in proposed FY 2008-2009 budget.
After a brief discussion, it was a consensus of the City Council to bring this item back to
Council at the second meeting in February.
26. Deliberate on vehicle allowances.
It was a consensus of the City Council to also bring this item back at the second meeting in
February.
27. Presentation and deliberate on fire station re-alignment plan.
Chief Ronnie Grooms gave a presentation of re-alignment of the fire department citing that
the fire department would retain all firefighter positions. Council Members commended Chief
Grooms for this plan.
28. Consider and approve future events for City Council and/ar City Staff pursuant to Resolution
No. 2004-081.
None were referenced.
29. Deliberate on possible future agenda items.
City Manager Kevin Carruth reminded City Council that a special meeting was scheduled for
Monday, November 17`'' at 5:00 p.m. to canvass the results of the election.
30. Adjournment.
. UOO016
Regular City Council Meeting
November 10, 2008
Page 9
There being no furtherbusiness, a Motion to adjourn was made by Council Member Biard and
seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. The meeting was adjourned
at 8:28 p.m.
JESSE JAMES FREELEN, MAYOR
JANICE ELLIS, CITY CLERK
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SPECIAL MEETING
OF THE CITY COUNCIL, CITY OF PARIS
November 17, 2008
The City Council of the City of Paris met for a special meeting at 5:00 P. M. on Monday,
November 10, 2008, at the City Council Chamber, 107 E. Kaufman, Paris, Texas.
Present: Mayor: Jesse James Freelen
Council Members: Joe McCarthy; Stephen Brown; Will Biard;
Edwin Pickle; and Rhonda Rogers
City Staf£ Kevin Carruth, City Manager; Kent McIlyar,
City Attorney; Nicki Brown, Deputy City Clerk
Absent: Council Member Kevin Kear
Opening Agenda
Call meeting to order.
Mayor Freelen called the meeting to order at 5:00 p.m.
2. Invocation.
Council Member McCarthy gave the invocation.
3. Pledge of Allegiance.
Council Member Rogers led the pledge.
Regular Agenda
4. Canvass the returns of the Special Election; deliberate and act on RESOLUTION NO. 2008-
099: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
CANVASSING THE RETURNS FOR THE NOVEMBER 4, 2008, CITY-WIDE SPECIAL
ELECTION ON A PROPOSITION CALLING FOR THE ADOPTION OF AN
ORDINANCE ESTABLISHING A LIMIT ON THE TOTAL AMOUNT OF TAXES THAT
MAY BE IMPOSED ON THE RESIDENCE HOMESTEAD OF A DISABLED PERSON
OR PERSON SIXTY-FIVE (65) YEARS OF AGE OR OLDER PURSUANT TO ARTICLE
8, SECTION 1-b(h) OF THE TEXAS CONSTITUTION AND TEXAS TAX CODE
SECTION 11.261; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
City Attorney Kent McIlyar canvassed the returns for the special election. Mr. McIlyar
reported that 2,281 total votes were cast in favor of the proposition and 156 total votes cast in
a UOU026
Special City Council Meeting
November 17, 2008
Page 2
opposition to the proposition.
A Motion to approve the canvass was made by Council Member Pickle and seconded by
Council Member Biard. Motion carried, 6 ayes - 0 nays.
5. First reading, deliberate and possibly act on ORDINANCE NO. 2008-045: AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ARTICLE II,
CHAPTER 30, TAXATION OF THE CODE OF ORDINANCES OF THE CITY OF PARIS,
TEXAS, BY ADDING A NEW DIVISION 3, TAX LIMIT FOR QUALIFIED PERSONS,
SECTION 30-32, TAX LIMIT FOR DISABLED PERSONS OR PERSONS 65 YEARS OF
AGE OR OLDER; ESTABLISHING AN ANNUAL CAP ON CITY AD VALOREM TAXES
FOR QUALIFYING INDIVIDUALS PURSUANT TO ARTICLE 8, SECTION 1-b(h) OF
THE TEXAS CONSTITUTION AND SECTION 11.261 OF THE TEXAS TAX CODE;
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 move to a super majority vote was made by Council Member Biard and seconded
by Council Member Brown. Motion carried, 6 ayes - 0 nays.
A Motion to approve this ordinance was made by Council Member Biard and seconded by
Council Member McCarthy. Motion carried, 6 ayes - 0 nays.
6. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member McCarthy
and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. The meeting was
adjourned at 5:08 p.m.
JESSE JAMES FREELEN, MAYOR
NICKI BROWN, DEPUTY CITY CLERK
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