05-Council Minutes
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
08/18/09
Council Date:
08/24/09
Originating Department:
City Clerk
Presented 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 August 10, 2009; August 13, 2009; and August 17, 2009
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
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration 2 City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris
1
Revised 2/04/08
REGULAR MEETING
OF THE CITY COUNCIL, CITY OF PARIS
August 10, 2009
The City Council of the City of Paris met for a regular session at 5:30 P.M. on Monday,
August 10, 2009, at the City Council Chamber, 107 E. Kaufinan, 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; Gene
Anderson, Financial Director; Tom Hunt,
Municipal Judge; Priscilla McAnally, Library
Director; Ronnie Grooms, Fire Chief; Doug
Harris, Director of Utilities; Shawn Napier,
Engineer; Kent Klinkerman, EMS Director;
and Bob Hundley, Police Chief
Opening Agenda
1. Call meeting to order.
Mayor Freelen called the meeting to order at 5:33 p.m.
2. Invocation.
Reverend James Price gave the invocation.
3. Pledge of Allegiance.
Mayor Freelen asked far a moment of silence in honor of fallen soldier Jay Hoskins. Council
Member Pickle led the pledge.
4. Citizens' forum.
Consent A,genda
Council Member Kear made a Motion to approve the Consent Agenda and Council Member
Rogers seconded the Motion. The Council voted seven (7) for and none (0) opposed to approve and
adopt Consent Agenda Items 5, 6, 7, 8, and 9.
5. Deliberate and act on the approval of minutes from the meeting on July 27, 2009.
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6. Receive and deliberate on reports and/or minutes from the following boards, commissions,
and committees:
a. Paris Historic Preservation Commission (6-10-09; 7-8-09)
b. Planning & Zoning (7-6-09)
7. Deliberate on drainage ditch maintenance report.
8. Deliberate and act on bids for chemicals ta be used at the Water and Wastewater Treatment
Plants.
9. Deliberate and act on RESOLUTION NO. 2009-077: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING RESOLUTION NO. 2007-102
WHICH AUTHORIZED AN APPLICATION FOR FUNDING FOR THE TEXAS CAPITAL
FUND MAIN STREET AROGRAM FOR SIDEWALK AND OTHER IMPROVEMENT SIN
THE DOWNTOWN AREA, TO CORRECT THE NAMES OF CERTAIN STATE
DEPARTMENTS.
Regular Agenda
10. Second reading, deliberate and possibly act on ORDINANCE NO. 2009-027: 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 2, CITY BLOCK 308, 1500 WEST
WASHINGTON, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A SINGLE
FAMILY DWELLING DISTRICT (SF-2) TO A PLANNED DEVELOPMENT DISTRICT
(PD-b) HOUSING DEVELOPMENT OR COMMUNITY UNIT DEVELOPMENT
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.
Council Member Rogers verified with Gene Anderson that there were no delinquent taxes
owed on this property.
A Motion to approve this item was made by Council Member Rogers and seconded by
Council Member McCarthy. Motion carried, 7 ayes - 0 nays.
11. Deliberate and act on the Preliminary Plat of Lot 1, Block A, Kroger Addition, located at 1310
Clarksville Street.
Council Member Rogers said she had contacted Kroger about placing a fence between their
property and the residential property, because she had numerous complaints about the trash in the
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alley. She said that Kroger told her they would not put up a fence. Council Member Brown
suggested turning the problem over to Code Enforcement.
A Motion to deny this item was made by Council Member Rogers. The Motion failed due to
the lack of a second.
A Motion to approve this item was made by Council Member Biard and seconded by Council
Member Pickle. Motion carried, 6 ayes - 1 nay, with Council Member Rogers casting the dissenting
vote.
12. Deliberate act on the Preliminary Plat of Lot 1, Block A, Standridge Addition, located in the
2800 Block of Pine Mill Road.
A 1Vlotion to approve this item was made by Council Member Brown and seconded by Council
Member Rogers. Motion carried, 7 ayes - 0 nays.
13. Deliberate and act on the Preliminary Plat and Fina1 Plat of Lot 1, Block A, Mirabeau Square
287 Addition, located at 3552 Lamar Avenue.
City Engineer Shawn Napier said he recommended denial of the final plat, because of the
existing condition of the concrete drainage channel.
A Motion to approve the preliminary plat was made by Council Member McCarthy and
seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays.
A Motion to deny the final plat was made by Council Member Kear and seconded by Council
Member Rogers. Motion carried, 7 ayes - 0 nays.
14. Deliberate and act on the Preliminary Plat and Final Plat of Lots 1 and 2, Block A, Exum 250
Addition, located at 2085 Fitzhugh.
Subject to ganting the curb and gutter variance, a Motion to approve this item was made by
Council Member McCarthy and seconded by Council Member Brown. Motion carried, 7 ayes - 0
nays.
15. First reading, deliberate and possibly act on ORDINAN CE NO. 2009-028: AN ORDTNANCE
OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ("CITY") APPROVING A
NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING
COMMITTEE ("ACSC" OR "STEERING COlV1MITTEE") AND ATMOS ENERGY
CORP., MID-TEX DIVISION ("ATMOS ENERGY CORP., MID-TEX DNISION
("ATMOS MID-TEX" OR "COMPANY") REGARDING THE COMPANY'S RATE
REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL
Regular City Council Meeting
August 10, 2009
Page 4
JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE;
REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATE
MAKING EXPENSES; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTIVIENTS
CONSISTENT WTTH THE NEGOTTATED SETTLEMENT AND FINDING THE RATES
TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE;
APPROVING ATMOS' PROOF OF REVENUES; DETERMINING THAT THIS
ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS 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 EFFECTNE 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 Biard and seconded
by Council Member McCarthy. Motion carried, 7 ayes - 0 nays.
A Motion to approve this item was made by Council Member Kear and seconded by Council
Member Brown. Motion carried, 7 ayes - 0 nays.
16. Deliberate and act on RESOLUTION NO. 2009-078: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, ACKNOWLEDGING FORMAL RECEIPT
OF THE 2009 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 Kear and seconded by Council
Member Pickle. Motion carried, 7 ayes - 0 nays.
17. Hear and deliberate on the proposed 2009-2010 Budget for the City of Paris.
City Manager Kevin Carruth presented the proposed Budget to City Council and answered
questions from the Council.
18. Deliberate and act on RESOLUTION NO. 2009-079: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, CALLING A PUBLIC HEARING FOR
AUGUST 24, 2009 ON THE CITY MANAGER'S PROPOSED BUDGET FOR FISCAL
YEAR 2009-2010; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
Kevin Carruth recommended scheduling the public hearing for August 24th.
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A Motion to approve this item was made by Council Member Pickle and seconded by Council
Member Biard. Motion carried, 7 ayes - 0 nays.
19. Deliberate and act on RESOLUTION NO. 2009-080: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, CALLING FOR A PROPOSAL TO PLACE
A VOTE ON THE 2009 TAX RATE ON A FUTURE CITY COUNCIL AGENDA AS AN
ACTION ITEM; SETTING TIME AND PLACE FOR PUBLIC HEARINGS ON THE
PROPOSED TAX RATE; NIAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
Kevin Carruth recommended that the first public hearing be held August 24th and the second
public hearing be held August 31 st.
A Motion to approve this item was made by Council Member Pickle and seconded by Council
Member Brown. Motion carried, 7 ayes - 0 nays.
20. Deliberate and act on RESOLUTION NO. 2009-081: A RESOLUTION OF THE CI'FY
COUNCIL OF THE CITY OF PAR1S, TEXAS, APPOINTING BOB HUNDLEY AS CHIEF
OF POLICE FOR THE CITY OF PARIS; 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 Rogers and seconded by
Council Member McCarthy. Motion carried, 7 ayes - 0 nays.
21. Deliberate and act on RESOLUTION NO. 2009-082: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE
EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS
AND PARIS HABITAT FOR HUMANITY, BE1NG A NON-PROFIT ORGANIZATION
THAT BUILDS HOUSES IN THE LOCAL COMMUNITY, FOR THE LEASE OF A
STORAGE BUILDING LOCATED BEHIND THE FORMER PARIS POLICE AND
COURTS BUILDING, 811 BONHAM STREET, PARIS, TEXAS; AUTHORIZING THE
CITY MANAGER TO EXECUTE A LEASE ON SAID BUILDING; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN
EFFECTIVE DATE.
Subject to the lease reflecting a term of month to month, a Motion to approve this item was
made by Council Member Biard and seconded by Council Member Kear. Motion carried, 7 ayes -
0 nays.
22. Deliberate and act on RESOLUTION NO. 2009-083: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING
THE CONTRACT FOR THE PURCHASE OF MATERIALS FOR WATER SYSTEM
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IMPROVEMENTS IN THE AMOUNT OF $56,663.44, FOR USE IN THE WATERLINE
REPLACEMENT PROJECT IN THE BELMONT AND FAIRFAX AREAS OF THE CITY
OF PARIS, FUNDED BY THE TCD BLOCK GRANT PROGRAM THROUGH THE
OFFICE OF RURAL COMMUNITY AFFAIRS; AUTHORIZING THE CITY MANAGER
TO EXECUTE ANY AND ALL DOCUMENTS RELATED TO 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 Biard and seconded by Council
Member Brown. Motion carried, 7 ayes - 0 nays.
23. Receive applications for the Fire Safety Committee, deliberate and act on appointments to the
Committee.
Kevin Carruth told Council that staff had not received enough applications to form the
committee. Mr. Carruth recommended advertising again in an effort to recruit additional volunteers
and placing this item on the next Agenda.
A Motion to table this item was made by Council Member Pickle and seconded by Council
Member Biard. Motion carried, 7 ayes - 0 nays.
24. Deliberate and act on appointment of an auditor to conduct the independent annual audit as
required by Section 35 of the Charter of the City of Paris for the fiscal year ending September
30, 2009.
A Motion to appoint 1VIcClanahan and Holmes to conduct the independent annual audit was
made by Council Member Brown and seconded by Council Member Rogers. Motion carried, 7 ayes -
0 nays.
25. Deliberate, provide direction to staff, and possibly act on an application for disannexation of
approximately 38.489 acres of land located on CR 31700 Lake Crook Road.
Staff recommended denial of the disannexation request on the basis it would leave a hole in
the city limits. In addition, Shawn Napier said that the applicant had stated the reason he wanted to
be disannexed was that he wanted to build a motor cross facility and did not want to build a paved
parking lot. Council Member Biard suggested that the applicant request a variance.
A Motion to deny the disannexation was made by Council Member Rogers and seconded by
Council Member Pickle. 1Vlotion carried, 6 ayes - 1 nay, with Council Member Brown casting the
dissenting vote.
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26. Convene into Executive Session pursuant to Section 551.071 ofthe Texas Government Code,
Consultation with Attorney, to receive legal advice from 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, under the Texas Open Meetings Act as follows: to receive Attorney advice
regarding the legal issues relating to a possible extension of the Memorandum of
Understanding between the City of Paris and the City of Irving.
After a briefrecess, Mayor Freelen convened City Council into executive session at 7:21 p.m.
27. Reconvene in open session to deliberate and possibly act on matters discussed in Executive
Session.
Mayor Freelen reconvened City Council into open session at 7:55 p.m.
A Motion to not extend the MOU with the City of Irving which expired June 28, 2009, was
made by Council Member Biard and seconded by Council Member McCarthy. Motion carried, 7 ayes
- 0 nays.
28. Deliberate and possibly act on a proposal and funding to widen a portion of Collegiate Drive
in front of the proposed Paris High School and a portion in front of the Civic Center.
After a lengthy discussion on funding options, City Council directed staffto place an item on
the August 24`h Agenda calling for a bond election. Mr. Carruth said that he believed the last possible
date to call an election was September 2"-
29. Consider and approve future events for City Council and/or City Staff pursuant to Resolution
No. 2004-081.
Council M:ember Rogers reminded everyone of the upcoming TML conference scheduled far
October 20 through October 22, and said that she was planning to attend. Council Members Brown,
Biard and Kear said they may attend as well. Kevin Carruth announced there would be a ceremony
at the First Methodist Church on September 10`''recognizing emergency service departments and first
responders.
30. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member McCarthy
and seconded by Council Member Biard. Motion carried,7 ayes - 0 nays. The meeting was adjourned
at 8:30 p.m.
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Regular City Council Meeting
August 10, 2009
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JESSE JAMES FREELEN, MAY4R
JANICE ELLIS, CITY CLERK
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SPECIAL MEETING
OF THE CITY COUNCIL, CITY OF PARIS
August 13, 2009
The City Council of the City of Paris met for a special session for a budget workshop at 5:30
P.M. on Thursday, August 13, 2009, 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; Gene
Anderson, Finance Director; Shawn Napier,
City Engineer; Ronnie Grooms, Fire Chief;
Bob Hundley, Police Chief; Doug Harris,
Utilities Director; and Kent Klinkerman, EMS
Director.
1. Budget workshop - Deliberate on the proposed 2009-2010 Budget.
Mayor Freelen called the meeting to order at 5:30 p.m. and asked for a moment of silence in
memory of fallen solider Jay Hoskins.
Mayor Freelen inquired if City Council wanted to hear from individual departments heads
prior to proceeding with review of the budget.
A Motion to allow department heads to speak for twenty minutes was made by Council
Member Kear and seconded by Council Member Rogers. Motion failed, 2 ayes - 5 nays, with Mayor
Freelen and Council Members McCarthy, Brown, Biard and Pickle casting the dissenting votes.
Council Member Biard preferred that City Manager Kevin Carruth present the budget and if
needed, Council could ask questions of department heads.
A Motion to proceed with the budget process in order as presented by the City Manager was
made by Council Member Biard and seconded by Council Member McCarthy. Motion carried, 5 ayes
- 2 nays, with Council Members Kear and Rogers casting the dissenting votes.
City Manager Kevin Carruth gave a summary of the proposed budget including estimated
revenues, estimated expenditures and personnel changes. Mr. Carruth reviewed in detail the
individual departmental budgets for the City Council, City Manager, City Attorney, Court Clerk, City
Clerk, Finance Department, Police Department, Fire Department and Community Development. City
Council did not complete the review of Community Development and decided to complete it at the
next budget workshop.
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Special City Council Meeting
August 13, 2009
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2. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member McCarthy
and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. The meeting was
adjourned at 7:32 p.m.
JESSE JAMES FREELEN, MAYOR
JANICE ELLIS, CITY CLERK
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SPECIAL MEETING
OF THE CITY COUNCIL, CITY OF PARIS
August 17, 2009
The City Council of the City of Paris met for a special session for a budget workshop at 5:30
P.M. on Monday, August 17, 2009, 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 Staf£ Kevin Carruth, City Manager; Kent McIlyar,
City Attorney; Janice Ellis, City Clerk; Gene
Anderson, Finance Director; Shawn Napier,
City Engineer; Ronnie Grooms, Fire Chief;
Bob Hundley, Police Chief; Kent Klinkerman,
EMS Director; Tom Hunt, Municipal Judge;
Doug Harris, Director of Utilities; and Priscilla
McAnally, Library Director.
Mayor Freelen called the meeting to order at 5:30 p.m.
Deliberate and possibly act on a proposal and funding options to widen a portion of Collegiate
Drive in front of the proposed Paris High School and a portion in front of the Civic Center.
City Council discussed at length the funding options including the possibility of having a bond
election, issuing certificates of obligations, having PEDC help with funding of the road, and using
reserves from the general fund. City Council asked staff to research the issue of whether or not PEDC
could assist with funding of the road, as well as requested the cost estimate from TxDOT regarding
the proj ect.
A Motion to table this item until the next budget workshop was made by Council Member
Kear and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays.
2. Deliberate and possibly act on projects to be considered for the bond election and funding
options.
A Motion to table this item until the next budget workshop was made by Council Member
Pickle and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays.
3. Budget workshop - deliberate on proposed 2009-2010 Budget.
Mayor Freelen moved to item 3 and turned the meeting over to Kevin Carruth. Mr. Carruth
reviewed in detail the individual departmental budgets for Community Development, Engineering,
Public Works, Parks/Recreation, Sanitation, Streets, Traffic, Garage, EMS, Cox Field Airport, Paris
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Special City Council Meeting
August 17, 2009
Page 2
Band and the Library. City Manager Kevin Carruth and Finance Director Gene Anderson answered
questions from City Council.
4. Adjournment.
There being no further business, a Motion to adj ourn was made by Council Member McCarthy
and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. The meeting was
adjourned at 7:37 p.m.
JESSE JAMES FREELEN, MAYOR
JANICE ELLIS, CITY CLERK