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.
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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.
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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
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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.
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Regular City Council Meeting
September 28, 2009
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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
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