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05-Council Minutes from the meeting of September 28, 2009CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 10/02/09 Council Date: 10/ 12/09 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 meeting of September 28, 2009. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meeting. ACTION: BUDGET INFO: ❑ Financial Report ~ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance Y7'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Finance ❑ Fire ❑ Utilities City of Paris - - 1 Revised 2/04/08 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS September 28, 2009 The City Council of the City of Paris met for a regular session at 5:30 P.M. on Monday, September 28, 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 E11is, City Clerk; Gene Anderson, Financial Director; Shawn Napier, City Engineer; Bob Hundley, Police Chief; and Ronnie Grooms, Fire Chief. Opening Agenda Call meeting to order. Mayor Freelen called the meeting to order at 5:30 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Biard led the pledge. 4. Citizens' foruln. James Dawson, Superintendent for North Lamar Independent School District - he expressed concern about Stillhouse Road not being wide enough to handle the traffic. Rudy Kessell, Committee Chair for United Way - he asked for the support of city employees and the government sector for the United Way's 2009 campaign. Consent Agenda Council Member Pickle said that he served on the boards for items 16 and 17 and asked that he be recused from voting on those items. A Motion to pull out items 16 and 17 was made by Council Member Biard and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. . ~ 2 Regular Gity Council Meeting September 28, 2009 Page 2 Council Member Biard made a Motion to approve the remainder of 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, 12, 13, 14, and 15 as follows: 5. Deliberate and act on the approval of minutes from the meetings on September 14, 2009 and September 21, 2009. 6. Receive and deliberate on reports and/ar minutes from the following boards, commissians, and coinmittees: a. Paris Visitors & Convention Council (6-2-09) b. Airport Advisory Board (7-16-09 and 8-20-09) c. Planning & Zoning (8-3-09) d. Paris Board of Adjustment (8-17-09) e. Historic Preservation Commission (8-24-09) 7. Deliberate and act on RESOLUTION NO. 2009-097: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PARIS AND LAMAR COUNTY, TEXAS T4 MAKE APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE FOR A GRANT FOR THE CONTINUATION OF THE LAMAR COUNT 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 EFFECTIVE DATE. 8. Deliberate and act on RESOLUTION NO. 2009-098: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORTZING A PROFESSIONAL SERVICES AGREEMENT WITH THE AMERICAN RED CR4SS, LAMAR COUNTY CHAPTER TO PERFORM CERTAIN SPECIALIZED SERVICES TO THE CITY OF PARIS AND ITS CITIZENS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 9. Deliberate and act on RESOLUTION NO. 2009-099: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH LAMAR COUNTY HISTORICAL MUSEUM TO PERFORM CERTAIN SPECIALIZED SERVICES TO THE CITY OF PARIS AND ITS CITIZENS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. a 3 Regular City Council Meeting September 28, 2009 Page 3 10. Deliberate and act on RESOLUTION NO. 2009-100: A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT W1TH THE MODELS OF THE MAKER TO PERFORM CERTAIN SPECIALIZED SERVICES TO THE CITY OF PARIS AND 1TS CITIZENS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTNE DATE. 11. Deliberate and act on RESOLUTION NO. 2009-101: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH THE CHILDREN'S ADVOCACY CENTER TO PERFORM CERTAIN SPECIALIZED SERVICES TO THE CITY OF PARIS AND ITS CITIZENS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 12. Deliberate and act on RESOLUTION NO. 2009-102: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH THE EAST TEXAS COUNCIL ON ALCOHOL AND DRUGS (ETCADA) TO PERFORM CERTAIN SPECIALIZED SERVICES AGREEMENT TO THE CITY OF PARIS AND ITS CITIZENS; MAKING OTNER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 13. Deliberate and act on RESOLUTION NO. 2009-103: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH CASA FOR KIDS TO PERFORM CERTAIN SPECIALIZED SERVICES TO THE CITY OF PARIS AND ITS CTTiZENS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 14. Deliberate and act on RESOLUTION NO. 2009-104: A RESOLUTION OF THE C1TY COUNCIL OF THE C1TY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH THE LAMAR COtINTY HUMAN RESOURCES COUNCIL TO PERFORM CERTAIN SPECIALIZED SERVICES AGREEMENT TO PERFORM CERTAIN SPECIALIZED SERVICES TO THE CITY OF PARIS AND ITS CITIZENS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 15. Deliberate and act on RESOLUTION NO. 2009-105: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH THE SHELTER AGENCIES FOR FAMILIES IN EAST TEXAS, INC. (SAFE-T) TO PERFORM CERTAIN SPECIALIZED SERVICES TO THE CITY OF PARIS AND ITS CITIZENS; MAKING OTHER FINDINGS Regular City Council Meeting September 28, 2009 Page 4 AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to recuse Council Member Pickle was made by Council Nlember McCarthy and seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. Council Member Pickle left the room. A Motion to approve items 16 and 17 was made by Council Member Biard and seconded by Council Member Brown. Motion carried 6 ayes - 0 nays. 16. Deliberate and act on RESOLUTION NO. 2009-106: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PAR1S, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH THE KEEP PARIS BEAUTIFUL/MAKE LAMAR COUNTY SHINE TO PERFORM CERTAIN SPECIALIZED SERVICES TO THE CITY OF PARIS AND 1TS CITIZENS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 17. Deliberate and act on RESOLUTION NO. 2009-107: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT W1TH THE LAMAR COUNTY COALITION FOR EDUCATION, BUSINESS AND INDUSTRY TO PERFORM CERTAIN SPECIALIZED SERVICES TO THE CITY OF PARIS AND TTS CITIZENS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to return Council Member Pickle to the meeting was made by Council Member McCarthy and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. Council Member Pickle returned to the meeting. Regular Agenda 18. Deliberate on August inonthly financial report. Finance Director Gene Anderson answered questions from City Council. 19. First reading, deliberate and possibly act on AN ORDINANCE OF THE CITY COLJNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO TRANSFER FUNDS FROM UNENCUMBERED APPROPRIATION BALANCES TO OVER-EXPENDED ACCOUNTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTNE ~ ~ Regular City Council Meeting September 28, 2009 Page 5 DATE. City Council scheduled this item for a second reading on October 12tn 20. Deliberate and act on RESOLUTION NO. 2009-108: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING F1NAL PAYMENT AND CLOSING THE CONTRACT FOR THE ASBESTOS ABATEMENT PROJECT FOR ONE OAK PLACE LOCATED AT 655 GRAHAM STREET IN THE CITY OF PARIS; MAKING OTHER FINPDINGS 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 Council Member Brown. Motion carried, 7 ayes - 0 nays. 21. Deliberate and act on RESOLUTION NO. 2009-109: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF THE ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH, CSJ#1452-01-013PARIS, BETWEEN THE CITY OF PARIS AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE SOUTH COLLEGIATE DRIVE EXTENSION, EXPANSION AND REALIGNMENT FROM LOOP 286 GOING NORTH TO JEFFERSON ROAD (FM 1507) CONTINUING NORTH APPROXIMATELY 1300 FEET TO THE BRIDGE; 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 Rogers and seconded by Council Member McCarthy. Motion carried, 6 ayes - 1 nay, with Council Member Biard casting the dissenting vote. 22. Deliberate and act on RESOLUTION NO. 2009-110: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE PROPOSAL OF HAYTER ENGINEERING, INC. FOR ENGINEERING SERVICES TO PROVIDE DESIGN AND SPECIFICATIONS FOR THE SOUTH COLLEGIATE DRIVE EXTENSION AND EXPANSION PROJECT AND AUTHORIZING THE EXECUTION OF AN ENGINEERING SERVICES AGREEMENT; 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. v - a v 6 Regular City Council Meeting September 28, 2009 Page 6 23. Convene in executive session pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal 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, and litigation exception under the Texas Open Meetings Act as follows: to receive attorney advice regarding pending or contemplated litigation. Mayor Freelen convened City Council into executive session at 5:50 p.m. 24. Reconvene in open session to take possible action regarding those matters discussed in Executive Session. Mayor Freelen reconvened City Council into open session at 5:55 p.m. and announced there was no action to be taken at that time. 25. Consider and approve future events for City Council and/or Gity Staff pursuant to Resolution No. 2004-081. None were referenced. 26. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and seconded by Council Member Biard. Motion carried, 7 ayes - 0 nays. The meeting was adjourned at 5:56 p.m. JESSE JAMES FREELEN, MAY4R JANICE ELLIS, CITY CLERK r,~.. „ . 7