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05-Council Minutes from meetings 9/14/09-09/21/09CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 09/24/09 Council Date: 09/28/09 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 September 14, 2009 and September 21, 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 yTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z Ciry Clerk ❑ Communiry Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Libraty ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 _ 1 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS September 14, 2009 The City Council of the City of Paris met for a regular session at 5:30 P.M. on Monday, September 14, 2009, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Jesse Jaines 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; Shawn Napier, City Engineer; Priscilla McAnnally, Library Director; Tom Hunt, Municipal Judge; Bob Hundley, Police Chief; and Dale Mayberry, Fire Marshall. Opening Agenda Call meeting to arder. Mayor Freelen called the meeting to order at 5:34 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Brown led the pledge. 4. Citizens' forum. No one spoke. Consent Agenda Council Member Biard made a Motion to approve the Consent Agenda and Council Member Brown seconded the Motion. The Council voted six (6) 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 meetings on August 20, 2009; August 24, 2009; August 27, 2009; and August 31, 2009. : _ 2 Regular City Council Meeting September 14, 2009 Page 2 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Paris Public Library Advisory Board (7-15-09) b. Historic Preservation Commission (8-12-09) c. Building and Standards Commission (7-20-09) 7. Deliberate on drainage ditch maintenance report. 8. Deliberate and act on RESOLUTION NO. 2009-092: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL MANAGEMENT SERVICES AGREEMENT WITH RESOURCE MANAGEMENT AND CONSULTING COMPANY TO IMPLEMENT A CONTRACT ADMINISTRATION SYSTEM UNDER THE GENERAL DIRECTION OF THE OFFICE OF RURAL COMMUNITY AFFAIRS, TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR SEWER IMPROVEMENTS; MAKING OTHER FINDINGS AND PROV1S10NS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTNE DATE. 9. Deliberate and act on RESOLUTION NO. 2009-093: 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. TO PROVIDE PLANS AND SPECIFICATIONS FOR AN OFFICE OF RURAL COMMUNITY AFFAIRS, TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT #729599 INFRASTRUCTURE IMPROVEMENT GRANT FOR SEWER IMPROVEMENTS IN THE WEST WASHINGTON AREA PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Regular Agenda Prior to proceeding with the regular agenda, Mayor Freelen said that he would like to move items 25 and 24 forward for consideration. A Motion to move items ZS and 24 forward was made by Council Member Biard and seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. 25. Deliberate and act on the request from the Historical Preservation Commission to allocate the sum of $15,000 from the 2009 Historic Preservation budget as a contribution to the architectural design and construction of the proposed Northern Gateway Park. *,4 - 3 Regular City Council Meeting September 14, 2009 Page 3 Historic Preservation Commission Chairman Arvin Starrett said that the Historic Preservation Commission was concerned with the development of downtown Paris and recognized the importance of not only the preservation of landmark structures, but the aesthetic appeal in the look and feel of historic districts. He also said that Lamar County had purchased property north of the courthouse and that the Historic Preservation Commission was encouraged by the wishes of the Lamar County Historical Commission to develop this property. Mr. Starrett stated that these funds would be used to create a downtown entry park that would include green spaces, trees, planting beds, heritage lighting and historical markers. A Motion to approve this request was made by Council Member Pickle and seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. 24. RESOLUTION NO. 2009-091: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; IN SUPPORT OF THE APPLICATION TO THE U.S. DEFARTMENT OF TRANSPORTATION, TIGER DISCRETIONARY GRANT PROGRAM, BY THE CITY OF PARIS, FOR FUNDS TO CONSTRUCT THE NORTHEAST TEXAS (RED RIVER VALLEY) TRAIL, APPROXIMATELY 130 MILES OF PEDESTRIANBIKING/EQUINE TRAILS FROM FARIVIERSVILLE, TEXAS, TO NEW BOSTON, TEXAS, ALONG ABANDONED RAIL BANK; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Grant writer Earl Erickson gave a presentation to the City Council stating that the $18,755,599 TIGER grant application was for a 130 mile non-motorized, pedestrian, bicycling and equestrian trail project extending from Fannersville to the New Boston/Texarkana area on an abandoned rail corridor. Mr. Erickson said that the City of Paris would be the nominating entity and project manager and that no matching funds would be required from the City. He emphasized that once the Red River Valley Recreational Trail was completed, that it would be the largest in Texas and the fourth largest in the U.S. During the presentation, Council Meinber Kear arrived to the meeting at 5:50 p.m. A Motion to approve this item was made by Gouncil Member Pickle and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. Mayor Freelen moved to item 10. 10. Public hearing on amendments to the City's Budget for the fiscal year beginning October 1, 2009, and ending September 30, 2010, in accordance with the Charter of the City of Paris. Mayor Freelen opened the public hearing and asked that anyone wishing to speak, to please come forward. With no one speaking, Mayor Freelen closed the public hearing. .,„'s 4 Regular City Council Meeting September 14, 2009 Page 4 11. First reading, deliberate and possibly act on AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER l, 2009, AND ENDING SEPTEMBER 30, 2010 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; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City Council did not take action on this item and rescheduled it for the special meeting on September 2151. 12. First reading, deliberate and possibly act on AN ORDINANCE OF THE CITY OF PARIS, TEXAS, FIXING THE TAX RATE AND THE TAX LEVY AND LEVYING AD VALOREM TAXES FOR THE CITY OF PARIS FOR THE YEAR 2009 UPON ALL TAXABLE PROPERTY WITHIN THE CITY OF PARIS INCONFORMITY WITH THE CHARTER PROVISIONS AND ORDINANCES OF THE CITY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. City Council did not take action on this item and rescheduled it for the special meeting on September 21s`. 13. Deliberate and act on the Preliminary Plat of Lot l, Block A, Living Word Assembly of God Church 328 Addition, located at 3515 Bonham Street. Shawn Napier said that P&Z did not have their scheduled meeting, because they did not have a quorum. Mr. Napier recommended denial of items 13, 14, 15 and 16. He also said that P&Z had scheduled a special meeting for September 15 to consider these items. A Motion to consolidate and deny items 13, 14, 15 and 16 was made by Council Member McCarthy and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. These items will be rescheduled for the special City Council Meeting on September 21 st 14. Deliberate and act on the Preliminary Plat of Lots 9 and 10, Block A, Pecan Place Phase II, located in the 4000 Block of Pine Mill Road. 15. Deliberate and act on the Final Plat of Lots 1 and 2, Block A, Coplin Square CB Addition, located in the 3000 Block of Lamar Avenue. J Regular City Counci] Meeting September 14, 2009 Page 5 16. Deliberate and act on the Final Plat of Lots 14, 16 and 17, Stone Ridge Phase 6. 17. Second reading, deliberate and possibly act on ORDINANCE NO. 2009-037: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AIVIENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOT BLOCK A, KROGER ADDITION, LOCATED AT 1310 CLARKSVILLE STREET, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A GENERAL RETAIL DISTRICT (GR) TO A GENERAL RETAIL DISTRICT (GR) WITH A SPECIFIC USE PERMIT (49) AUTO FUEL SALES, 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. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. 1$. Deliberate and act on a variance request by Kroger dedicating a right-of-way on Clarksville Street and SE 14'' Street. City Engineer Shawn Napier answered questions from Council with regard to the right-of- way, re-striping and adding parking spaces on Sherman Street to minimize the lost parking of 28 spaces with granting of this variance. A Motion to approve this item was made by Council Member Brown and seconded by Council Member Biard. Motion carried, 6 ayes nay, with Council Member Rogers casting the dissenting vote. 19. First reading, deliberate and possibly act on ORDINANCE NO. 2009-03 8: AN ORDINANCE OF THE CITY COUNCIL 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 BUSINES5 OF COLLECTING AND/OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PAR1S, 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. It was a consensus of City Council to consolidate items 19, 20 and 2l . A Motion to invoke the super majority rule was made by Council Member Pickle and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. ,M'K - - 6 Regular City Council Meeting September 14, 2009 Page 6 A Motion to approve items 19, 20 and 21 was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 20. First reading, deliberate and possibly act on ORDINANCE NO. 2009-039: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO WASTE MANAGEMENT, 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 EFFECTIVE DATE. 21. First reading, deliberate and possibly act on ORDINANCE NO. 2009-040: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZTNG 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 1NDUSTRIAL UNITS WITHIN THE CITY LIMTTS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR 1SSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 22. Deliberate and act on RESOLUTION NO. 2009-094: A RESOLUTION OF THE C1TY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING THOMAS E. HUNT, III AS MUNICIPAL COURT JUDGE AND STEPHANIE HARRIS AS ASSOCIATE MUNICIPAL COURT JUDGE 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 Brown and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. 23. Deliberate and act on RESOLUTION NO. 2009-095: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PAR1S, TEXAS, APPROVING AND ACCEPTING AN ASSIGNMENT OF THE LEASE AGREEMENT BETWEEN THE CITY OF PAR1S AND TOBY REX ADAM S FOR PROPERTY AT COX FIELD AIRPORT TO CHAD PARROTT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTNE DATE. A Motion to approve this item was made by Council Member Pickle and seconded by Cauncil Member Rogers. Motion carried, 7 ayes - 0 nays. pa!t "i Regular City Council Meeting September 14, 2009 Page 7 26. Deliberate and act on a nominee ta serve on the lntergovernmental Employee Benefits Pool Board of Trustees. A Motion to nominate Jay Stokes was made by Council Member McCarthy and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. 27. Convene into Executive Session pursuant to Section 551.072 of the Texas Government Code, to deliberate the purchase, exchange, lease, or value of real property. Mayor Freelen convened City Council into executive session at 6:10 p.m. 28. Reconvene in Open Session to take possible action regarding those matters discussed in Executive Session. Mayor Freelen reconvened City Council into open session at 6:19 p.m. A Motion to authorize City Manager Kevin Carruth to negotiate the purchase of real property for the City of Paris was made by Council Member Biard and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. 29. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. None were referenced. 30. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and seconded by Council Member McCarthy. M:otion carried, 7 ayes - 0 nays. The meeting was adjourned at 6:19 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK a~ ~ ~ SPECIAL MEETING OF THE CITY COUNCIL, CITY OF PARIS September 21, 2009 The City Council of the City of Paris met for a special session at 5:30 P.M. on Monday, September 21, 2009, 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 Staff: Kevin Carruth, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Financial Director; Tom Hunt, Municipal Judge; Shawn Napier, City Engineer; and Bob Hundley, Police Chief Absent: Council Member: Kevin Kear Call meeting to order. Mayor Freelen called the meeting to order at 5:32 p.m. 2. Invocation. Pastor David Holt gave the invocation. 3. Pledge of Allegiance. Council Member Biard led the pledge. 4. Second reading, deliberate and act on ORDINANCE NO. 2009-041: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010, 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; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. Regular City Council Meeting September 21, 2009 Page 2 5. Second reading, deliberate and act on ORDINANCE NO. 2009-042: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, FIXING THE TAX RATE AND THE TAX LEVY AND LEVYING AD VALOREM TAXES FOR THE CITY OF PARIS FOR THE YEAR 2009 UPON ALL TAXABLE PROPERTY WITHIN THE CITY OF PARIS IN CONFORMITY WITH THE CHARTER PROVISIONS AND ORDINANCE OF THE CITY; MAKING OTHER F1NDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES 1N CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. 6. Deliberate and act on the Preliminary Plat of Lot l, Block A, Living Word Assembly of God Church 328 Addition, located at 3515 Bonham Street. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. 7. Deliberate and act on the Preliminary Plat of Lots 9 and 10, Block A, Pecan Place Phase II, located in the 4000 Block of Pine Mill Road. A Motion to approve this item was made by Council Member Brown and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. 8. Deliberate and act on the Final Plat of Lot 1 and 2, Block A, Coplin Square CB 249 Addition, located in the 3000 Block of Lamar Avenue. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. 9. Deliberate and act on the Final Plat of Lots 14, 16 and 17, Stone Ridge Phase 6. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. 10. Deliberate and act on RESOLUTION NO. 2009-096: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE EXECUTION OF AN 1NTERLOCAL AGREEMENT PURSUANT TO CHAPTER 791 OF THE TEXAS GOVERNMENT CODE BETWEEN THE CITY OF ALLEN, TEXAS AND THE CITY OF PARIS, TEXAS, ALLOWING THE CITY OF PARIS TO PARTICIPATE 1N A COOPERATIVE PURCHASING PROGRAM WITH THE CITY OF ALLEN, FOR THE -V -v y O Regular City Council Meeting September 21, 2009 Page 3 PURCHASE OF A DIGITAL MOBILE VIDEO SYSTEM FOR THE PARIS POLICE DEPARTMENT; MAKING OTHER F1NDINGS 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, 6 ayes - 0 nays. 11. Adjournment. There being no further business, a Motion to adj ourn was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried,7 ayes - 0 nays. The meeting was adjourned at 5:37 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK 1 It, --y 11