06-Council Min. from 12/7/09, 12/14/09, adn 01/11/10CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Ol/14/10
Council Date:
O1/25/10
Originating Department:
City Clerk
Presented By:
Janice Ellis
Agenda Item No.:
6.
RECOMMENDED MOTION:
Motion to approve as presented.
POLICY ISSUE(S):
Approval of Official Record of Council.
BACKGROUND:
Council Minutes from the meetings of December 7, 2009; December 14, 2009; and January 11, 2010.
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 E City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris 3 Revised 2/04/08
SPECIAL MEETING
OF THE CITY COUNCIL, CITY OF PARIS
December 7, 2009
The City Council of the City of Paris met for a special session at 5:45 p.m. on Monday,
December 7, 2009, at the City Council Chamber, 107 E. Kaufrnan, Paris, Texas.
Present: Mayor: Jesse James Freelen
Council Members: Joe McCarthy; Kevin Kear; 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; Bob Hundley, Police Chief;
and Ronnie Grooms, Fire Chief
Absent: Council Member: Stephen Brown
l. Call meeting to order.
Mayor Freelen called the meeting to order at 5:48 p.m.
2. lnvocation.
Council Member Pickle gave the invocation.
3. Pledge of Allegiance.
Council Member Pickle led the pledge.
4. Hear presentation by Planning and Zoning Commission on their proposed amendments to
regulations for HUD-Code Manufactured Homes and Parks; and deliberate and provide
direction to staff on proposed amendments.
Shawn Napier said that this item was a result of the Task Force on Code Enforcement,
but that the past City Council had not given Planning and Zoning an official charge. Mayor
Freelen said one of the problems was that motor homes were parking in mobile home parks
for an extended period of time. He also said he did not want to eliminate mobile homes,
because there are some nice ones.
Planning and Zoning Chairman Benny Plata said the Committee discussed not allowing
mobile homes older than 1976 in parks. Mr. Plata explained that modular homes came in
sections and were on foundations, but that manufactured homes replaced mobile homes.
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Special Council Meeting
December 7, 2009
Page 2
Mayor Freelen expressed there were appropriate places for manufactured homes other
than mobile home parks.
City Attorney Kent McIlyar said that areas zoned SF3 allowed manufactured housing, but
only after going to City Council for approval of a specific use permit. Council Member
Biard inguired of Mayor Freelen if he was contemplating subdivisions for manufactured
housing, as well as requiring those who wanted to place a manufactured home in a SF3
zoning area to apply for a specific use permit. Mayor Freelen answered in the affirmative.
Council Member Rogers said if permitted, there should be certain restrictions. Council
Member Kear suggested adopting the proposed ordinance as written with the understanding
that City Council would review the applications on a case by case basis. Council Members
Biard and Pickle both agreed with Council Member Kear.
City Council continued discussion of grandfathering existing homes, specific use permits,
variances, and designation of manufactured home parks.
It was a consensus of the City Council to adopt the revised ordinance, but to include
prohibition of manufactured housing except in designated manufactured home parks and S173
zoned areas with specific use permits. City Council also decided to grandfather existing
manufactured homes/mobile homes and identify their location on a list.
Council Member Biard made a Motion ta adopt the revised ordinance to include
prohibition of manufactured housing except in designated manufactured parks and SF3 zoned
areas with specific use permits, and grandfather the existing homes. Council Member Biard
also said that the existing homes should be identified and placed on a list. Shawn Napier said
that additional changes would be reguired because the Ordinance conflicts with other City
Ordinances.
Council Member Biard suggested that the ordinance be sent back to Planning and Zoning
to review their recommended changes. It was a consensus of City Council to do so.
Kent McIlyar clarified with City Council that should a developer come in and want to
construct new development, which Council wanted ta staff to follow the standards set out in
the proposed Ordinance. It was a consensus of City Council to do so.
Council Member Biard left the meeting at 7:00 p.m.
Council Member Rogers said she had a problem with the 1,000 feet setback, because the
City required a 200 feet setback on other properties. It was a consensus of City Council to
change the Ordinance to reflect a requirement of a 200 feet setback in SF3 zoned areas and
manufactured home parks. It was also of City Council to make the following changes to the
proposed Ordinance:
Page 5, Section 4A License Required Section 4A - change to non-gender specific
Page 5, Section 4A - last sentence add the word "the" between the words on and 31 S`
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Verbage to be added to include screening, anchoring and skirted shall be done according
to State standards.
5. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member
Pickle and seconded by Council Member McCarthy. Motion carried, 5 ayes - 0 nays. The
meeting was adjourned at 7:06 p.m.
JESSE JAMES FREELEN, MAYOR
JANICE ELLIS, CITY CLERK
U. 0 OO0 t i;
REGULAR MEETING
OF THE CITY COUNCIL, CITY OF PARIS
December 14, 2009
The City Council of the City of Paris met for a regular session at 5:30 P.M. on Monday,
December 14, 2009, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas.
Present: Mayor: Jesse James Freelen
Council Members: Joe McCarthy; Kevin Kear; 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; Bob Hundley, Police Chief;
and Ronnie Grooms, Fire Chief
Absent: Council Member: Stephen Brown
Opening Agenda
1. Call meeting to order.
Mayor Freelen called the meeting to order at 5:30 p.m.
2. Invocation.
Brad Aldridge gave the invocation.
3. Pledge of Allegiance.
Council Member Kear led the pledge.
City Manager Kevin Carruth introduced Interim Public Works Director Steve McFadden.
4. Citizens' forum.
No one spoke.
Consent Agenda
Council Member Biard made a Motion to approve the Consent Agenda and Council Member
Kear seconded the Motion. The Council voted six (6) for and none (0) opposed to approve and
adopt Consent Agenda Items 5, 6, 7, 8, 9, 10, and 11 as follows:
Regular City Council Meeting
December 14, 2009
Page 2
5. Deliberate and act on the approval of minutes from the meeting on November 9, 2009.
6. Receive and deliberate on reparts and/or minutes from the following boards, commissions,
and committees:
a. Fire and Building Code Review Committee (10-13-09, 11-10-09 and 11-17-09)
b. Traffic Commission (10-6-09)
c. Historic Preservation Commission (10-26-09 and 11-13-09)
d. Paris Visitors & Convention Council (9-14-09)
e. Planning & Zoning Commission (l 1-2-09)
f. Paris Public Library Advisory Board (10-21-09)
7. Deliberate on drainage ditch maintenance report.
8. Deliberate on October monthly financial report.
9. Deliberate and act on RES4LUT10N NO. 2009-118: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING RESOLUTION NO.
2009-097 WH1CH AUTHORIZED AN APPLICATION FOR FUNDING FOR LOCAL
LAW ENFORCEMENT GRANTS FOR THE CONTINUATION OF THE LAMAR
COUNTY FELONY CRIMES UNIT, TO CORRECT THE NAME OF THE SOURCE OF
THE GRANT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTNE DATE.
10. Deliberate and act on RESOLUTION NO. 2009-119: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING RESOLUTION NO.
2009-059 WHICH AUTHORIZED AN APPLICATION FOR FUNDING FOR THE
JUSTICE ASSISTANCE GRANT (JAG) RECOVERY ACT PROGRAM FOR LIVE
SCAN FINGERPRINT EQUIPNIENT, TO ADD REQUIRED WORDING TO THE
RESOLUTION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
11. Deliberate and act on RESOLUTION NO. 2009-120: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING AN
INTERLOCAL AGREEMENT FOR E-911 SERVICE AND PSAP EQUIPMENT
BETWEEN THE CITY OF PARIS AND ARK-TEX COUNCIL OF GOVERNMENTS;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SLTBJECT; AND
DECLARING AN EFFECTIVE DATE.
Regular Agenda
12. Hear, deliberate, and act on presentation of Leadership Lamar Class of 2009-2010 Class
Peristyle Restoration Project.
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Regular City Council Meeting
Decernber 14, 2009
Page 3
Class President John Mark Spencer told the Council that the Class had committed to raising
$66,000 toward the restoration of the Bywaters Peristyle by holding various fundraisers and
through gant programs. The scope of the project also includes, depending upon the success
of fundraising efforts, a project recognition monument sign and landscaping for the park.
Mr. Spencer said all work would meet the requirements of the Historic Preservation
Committee. City Council voted to fund the remaining $66,000. City Manager Kevin
Carruth stated that the money would come from the historic preservation fund set-aside from
the hoteUmotel tax.
13. Deliberate and act on the Preliminary Plat and Final P1at of Lot 1, Block A, Southwest LTC
Addition 313, located in the 100 Block of 47th Street S.E.
A Motion to approve the Preliminary Plat and the Final Plat was made by Council Member
Pickle and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays.
14. Public hearing and deliberate on drainage issues east of 42"d Street S.E.
Mayor Freelen opened the public hearing and asked for anyone wishing to speak about this
item to please come forward. Linda Kilgare, James Finney and Larry Fendley expressed concern
about drainage issues especially at times of very heavy rain. Council Member Kear inquired when
the drainage issues began and Mrs. Kilgore responded they had problems prior to Wal-Mart being
built. Kevin Carruth explained there was a drainage channel that runs behind the homes on 42°d SE
and noted that Primrose, Jasmine, and Oleander Streets were not part of the Morningside Addition,
but were developed after Morningside. Mr. Carruth also said that when Morningside was
developed, the developer did not dedicate a drainage easement to the City and the drainage way was
left in its natural state, as opposed to the later addition where the developer was required to improve
the ditch by lining it with concrete and dedicating a drainage easement to the City. Mr. Carruth
stated that approximately halfway down 42nd Street the creek enters a wooded area, narrows, and
begins to take a meandering course. Mr. Carruth also reminded the Council that the City had
recently refused the dedication of a drainage easement behind Mirabeau Square until the developer
brought the ditch up to City specifications, keeping with the City's historical practice. Mr. Carruth
noted that developers are required by state law to submit drainage plans, sealed by a professional
engineer, showing that no more water is being shed from the developer's property onto adjoining
property than was being shed before the proposed development. He also said that any disputes
about the drainage plan were a civil issue. Shawn Napier said that a drainage inlet at 445 42nd SE
was on the City's drainage ditch maintenance report, but that the City was prohibited by state law
from working on private property such as the drainage ditch. Council Member Biard agreed.
Mayor Freelen told the citizens that the City would continue to try to work with them on their issues.
With no one else speaking, Mayor Freelen closed the public hearing.
15. Deliberate and act on the Preliminary Plat and Final Plat of Lot 2, Block A, Nelms CB 32
Addition, located at 1202 and 1224 Pine Bluff Street.
A Motion to approve the Preliminary Plat and the Final Plat was made by Council Member
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Regular City Council Meeting
December 14, 2009
Page 4
Biard and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays.
16. First reading, deliberate, and possibly act on ORDINANCE NO. 2009-050: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS ABANDONING A
FIFTEEN (IS) FOOT ALLEY BETWEEN 3' STREET SE AND S' STREET SE,
BEGINNING AT THE NORTH BOUNDARY LINE OF EAST HEARON STREET
GOING NORTH A DISTANCE OF 246.45 FEET TO THE 50UTH PROPERTY LINE OF
LOT 23, CITY BLOCK 142, CITY OF PARIS, TEXAS; DECLARING THAT THERE IS
NO PUBLIC NECESSITY OR NEED FOR SAID ALLEY FOR CITY USE; 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 invoke the supermajority rule was made by Council Member Biard and
seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays.
A Motion to approve this item was made by Council Member Biard and seconded by Council
Member Rogers. Motion carried, 6 ayes - 0 nays.
17. Deliberate and act on RESOLUTION NO. 2009-121: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS AUTHORIZING THE EXECUTION OF A
DEED OF ABANDONMENT TO THE ADJACENT PROPERTY OWNER OF A
FIFTEEN (15) FOOT ALLEY ABANDONED BY ORDINANCE NO. 2009-050 FROM
THE NORTH BOUNDARY LINE OF E. HEARON STREET A DISTANCE OF 246.45
FEET TO THE SOUTH PROPERTY LINE OF LOT 23, CITY BLOGK 142, BETWEEN
3RD STREET SE AND STH STREET SE; 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, 6 ayes - 0 nays.
18. Deliberate and possibly take action on debt refunding.
After a brief presentation by the City's Financial Advisor Dan Allmon, City Council decided
to consolidate the GO refunding with water and sewer revenue funding in order to save on the cost of
issuance and to benefit from a potential improvement in the City's bond rating. It was also the
consensus of Council to have staff develop an ordinance requiring 1.1:1 utility rate to debt ratio.
19. Second reading and deliberate on an ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, GRANTING TO STEVEN B. RANEYAND WENDY L.
RANEY, DBA YELLOW CAB COMPANY, AN EXTENSION OF AN EXISTING
FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE
CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE
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IN MOTOR VEHICLES FOR A PERIOD OF ONE (1) YEAR, BEGINNING JANUARY
11, 2010 AND ENDING JANUARY 10, 2011, UPON THE TERMS AND CONDITIONS
HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID
BUSINESS; PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE FOR SUCH
PRIVILEGE AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS;
PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED
CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE;
PROVIDING FOR MINIMUM LIABILITY INSURANCE REQUIREMENTS FOR
GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND
INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY
OF PARIS; AND PROVIDING AN EFFECTIVE DATE.
A Motion to combine items 19, 20 and 21 was inade by Council Member Biard and
seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. City Attorney Kent
Mcllyar read the ordinances pursuant to the City Charter. These items were not action items due
to the City Charter's requirement of three readings prior to approving franchises.
20. Second reading and deliberate on an ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, GRANTING TO STEVEN B. RANEYAND WENDY L.
RANEY, DBA CITY CAB COMPANY, AN EXTENSION OF AN EXISTING
FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE
CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE
IN MOTOR VEHICLES FOR A PERIOD OF ONE ) YEAR, BEGINNING JANUARY
11, 2010 AND ENDING JANUARY 10, 2011, UPON THE TERMS AND CONDITIONS
HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID
BUSINESS; PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE FOR SUCH
PRNILEGE AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS;
PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED
CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE;
PROVIDING FOR MIMMUM LIABILITY INSURANCE REQUIREMENTS FOR
GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND
INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY
OF PARIS; AND PROVIDING AN EFFECTIVE DATE.
21. Second reading and deliberate on an ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, GRANTING TO DAVID THOMPSON, DBA YELLOW CAB
COMPANY, AN EXTENSION OF AN EXISTING FRANCHISE TO USE THE PUBLIC
STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE
OF TRANSPORTING PASSENGERS FOR HIRE 1N NtOTOR VEHICLES FOR A
PERIOD OF ONE (1) YEAR, BEGINNING JANUARY 11, 2010 AND ENDING
JANUARY 10, 2011, UPON THE TERMS AND CONDITIONS HEREINAFTER
PRESCRIBED, PROVIDING FOR THE REGULATION OF SA1D BUSINESS;
PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE FOR SUCH PRIVILEGE
AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS; PROVIDING FOR THE
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Regular City Council Meeting
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Page 6
TERMINATION OF SUCH GRANT UPON SPEFIED CONDITIONS; PROVIDING
FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR
MINIMUM LIABILITY INSURANCE REQUIREMENTS FOR GR.ANTEE;
PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND 1NSPECTION OF
ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND
PROVIDING AN EFFECTIVE DATE.
22. Second reading, deliberate and act on ORDINANCE NO. 2009-051: AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING A REVISED
DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE
INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES;
ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING
PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT
OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING
VARIANCES; 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 Biard and seconded by
Council Member Pickle. Motion carried, 6 ayes - 0 nays.
23. First reading, deliberate, and act on ORDINANCE NO. 2009-052: AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC
CONTROL MAP ADOPTED IN SECTION 31-65 OF THE CODE OF ORDINANCES OF
THE CITY OF PARIS, TEXAS; ESTABLISHING NO PARKING AREAS ON BOTH
SIDES OF STILLHOUSE ROAD IN THE 2400-2500 BLOCK BETWEEN THE HOURS
OF 2:00 P.M. TO 4:00 P.M. ON MONDAY THORUGH FRIDAY; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR A
REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A
PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
A Motion to invoke the supermajority rule was made by Council Member Biard and
seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays.
A Motion to approve this item was made by Council Member Biard and seconded
byCouncil Member McCarthy.
24. First reading, deliberate, and act on ORDINANCE NO. 2009-053: AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC
CONTROL MAP ADOPTED IN SECTION 31-65 OF THE CODE OF ORDINANCES OF
THE CITY OF PARIS, TEXAS; ESTABLISHING NO PARKING AREAS ON BOTH
SIDES OF OLD CLARKSVILLE ROAD IN THE 5000 BLOCK; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR A
REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A
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Regular City Council Meeting
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PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
A Motion to invoke the super majority rule was made by Council Member Pickle and
seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays.
A Motion to approve this item was made by Council Member Kear and seconded by
Council Member Rogers. Motion carried, 6 ayes - 0 nays.
25. Deliberate and possibly refer to Planning and Zoning Commission for recommendation
of the need to require a specific use permit for the loading, unloading or transloading of
crude oil.
A Motion to refer this item to Planning and Zoning was made by Council Member
Biard and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays.
26. Receive update on West Gate Apartments.
City Council received an update from City Manager Kevin Carruth and City Engineer
Shawn Napier as follows: West Gate Apartments were purchased from Capital One Bank by
Destiny Capital. Staff has been working with Destiny Capital to facilitate the sale of the
complex by Destiny to a developer. The buildings will have to be brought up to code before it
can reopen. The most recent potential buyer was proposing to subdivide the property and have
several different owners take a section of the property to decrease the overall investment
amount.
27. Receive an update on One Oak Apartments.
City Council received an update from City Manager Kevin Carruth and City Engineer
Shawn Napier as follows: Asbestos abatement of the One Oak Apartments complex has been
completed, except for a small area in the southeast corner that was damaged by fire. The RFP
to demolish the complex has been drafted and is being reviewed by staff, with advertising for
potential bidders expected in January. To date the City has spent $162,351 on One Oak,
which is currently owned by Chad and Debra Brown.
28. Deliberate and act on appointment of Airport Planning Advisory Committee.
Shawn Napier said that City had received a grant from TxDOT to develop an airport
master plan and that part of the planning process included the creation of a Planning Advisory
Committee. Mr. Napier also said that the following proposed committee members had agreed
to serve:
Jack Ashmore - Airport Advisory Board Chairperson, pilot
Kevin Carruth - City Manager
Brad Eilrich - Operations Manager, Campbell Soup, industry
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Regular City Council Meeting
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Page 8
Steve Gilbert - PEDC Executive Director, business and industry
David Jones - Charter air service owner, pilot
Mindy Moree - Chamber Director, business and industry
Shawn Napier - City Engineer
Vic Ressler - Airport Advisory Board Member and past Chairperson, pilot, and local
business
Jerry Ritchey - Airport FBO, pilot
A Motion to appoint the persons on the list who wished to serve was made by Council
Member Biard and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays.
It was a consensus of City Council that Council Member Pickle would serve as Council
liaison.
29. Deliberate and act on appointment of 2010 Census Complete Count Committee.
Kevin Carruth explained that the Census Bureau had requested the creation of a Complete
Count Committee to help promote the census and help identify hard to count populations. Mr.
Carruth also said that the following proposed committee members had agreed to serve:
Robert High - Paris ISD Assistant Superintendent
Dave Johnson - Media
Mindy Moree - Chamber Director, local business
Shawn Napier - City Engineer
Marcelino Rodriquez, Jr. - Lamar Avenue Church of Christ
Connie Stauter - Social Service Agencies
A Motion to appoint the persons on the list who wished to serve was made by Council
Member Pickle and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays.
It was a consensus of City Council that Council Member Rogers would serve as Council
liaison.
30. Deliberate and act on RESOLUTION NO. 2009-122: RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, CASTING ALL OF THE CITY OF
PARIS' 830 VOTES FOR JIM NOBLE FOR MEMBERSHIP ON THE BOARD OF
DIRECTORS OF THE LAMAR COUNTY APPRAISAL DISTRICT; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
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A Motion to approve this item was made by Council Member Pickle and seconded by
Council Member Rogers. Motion carried, 6 ayes - 0 nays.
31. Convene in Executive Session:
a. Pursuant to Section 551.071 of the 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: Claim related to the accident at the Water Treatment Plant
May 12, 2008.
b. Pursuant to Section 551.072 of the Texas Government Code, to deliberate the purchase,
exchange, lease, or value of real property.
At 7:08 p.m. Mayor Freelen recessed the City Council for a short break and at 7:15
p.m. he convened Gouncil into executive session.
32. Reconvene in Open Session to take possible action regarding those matters discussed in
Executive Session.
Mayor Freelen convened City Council into open session and announced there was no action
to be taken at that time.
33. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004-081.
No future events were referenced.
34. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member Pickle
and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. The meeting was
adjourned at 7:48 p.in.
JESSE JAMES FREELEN, MAYOR
JANICE ELLIS, CITY CLERK
a
MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
January 11, 2010
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
January 11, 2410, 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
Absent: Council Member: Kevin Kear
City Staff: Kevin Carruth, City Manager; Kent McIlyar, City
Attorney; Janice Ellis, City Clerk; Gene Anderson,
Finance Director; Shawn Napier, City Engineer;
Bob Hundley, Police Chief; Ronnie Grooms, Fire
Chief; and Steven McFadden, Interim Public Works
Director
Opening Agenda
1. 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 McCarthy led the pledge.
4. Citizens' forum.
James Price, 1230 Shiloh - invited everyone to participate in the MLK Jr. Parade
scheduled for January 16, 2010 at 11:00 a.m.
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Regular Council Meeting
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Page 2
Consent Agenda
Mayor Freelen inquired of Council Members if they wished to pull any items from the
Consent Agenda for discussion. Council Members discussed items 6, 7 and 8.
Cauncil Member Rogers made a Motion to approve the Consent Agenda and Gouncil
Member Biard 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. Receive and deliberate on reports and/or minutes from the following boards,
commissions, and committees:
a. Planning and Zoning Commission (12-7-09)
b. Paris Board of Adjustment (10-6-09)
c. Paris Public Library Advisory Board (11-18-09)
6. Deliberate on drainage ditch maintenance report.
7. Deliberate on November monthly financial reports.
8. Deliberate and act on RESOLUTION NO. 2010-001: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A
PROFESSIONAL SERVICES AGREEMENT BETWEENT HE CITY OF PARIS AND
HAYTER ENGTNEERING, INC. FOR ENGINEERING SERVICES RELATED TO
THE CONSTRUCTION OF A FISHING PIER AND HANDICAP RAMP AT LAKE
CROOK; AUTHORIZING THE CITY 1VIANAGER TO NEGOTIATE AND EXECUTE
ALL NECESSARY DOCUMENTS; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE
DATE.
9. Deliberate and act on RESOLUTION NO. 2010-001: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, AFFIRMING THAT THE CITY OF
PARIS HAS COMPLIED WITH THE REQUIREIVIENTS OF THE PUBLIC FUNDS
INVESTMENT ACT; AMENDING THE CITY'S INVESTMENT POLICY; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AAN EFFECTIVE DATE.
10. Third reading, deliberate and act on ORDINANCE NO. 2010-001: AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, GRANTING TO
STEVE B. RANEY AND WENDY L. RANEY, DBA YELLOW CAB COMPANY, AN
EXTENSION OF AN EXISTING FRANCHISE TO USE THE PUBLIC STREETS,
ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF
TRANSPORTiNG PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR A
PERIOD OF ONE (1) YEAR, BEGINNING JANUARY 11, 2010 AND ENDING
JANUARY 10, ZOII, UPON THE TERMS AND CONDITIONS HEREINAFTER
PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS;
Regular Council Meeting
January 11, 2010
Page 3
PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE FOR SUCH PRNILEGE
AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS; PROVIDING FOR
THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS;
PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING
FOR MINIMUM LIABILITY 1NSURANCE REQUIREMENTS FOR GRANTEE;
PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF
ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS;
AND PROVIDING AN EFFECTIVE DATE.
A Motion to combine items 10, 11 and 12 was made by Council Member Biard and
seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays.
City Attorney Kent McIlyar read the ordinances pursuant to the City Charter.
A Motion to approve items 10, 11 and 12 was made by Council Member Biard and
seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays.
11. Third reading, deliberate and act on ORDINANCE NO. 2010-002: AN ORDINANCE
OF THE CTTY COUNCIL OF THE CITY OF PARIS, TEXAS, GRANTING TO
STEVE B. RANEY AND WENDY L. RANEY, DBA CITY CAB COMPANY, AN
EXTENSION OF AN EXISTING FRANCHISE TO USE THE PUBLIC STREETS,
ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF
TRANSPORTING PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR A
PERIOD OF ONE (1) YEAR, BEGINNING JANUARY ll, 2010 AND ENDING
JANUARY 10, 2011, UPON THE TERMS AND CONDITIONS HEREINAFTER
PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS;
PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE F4R SUCH PRIVILEGE
AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS; PROVIDING FOR
THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS;
PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING
FOR MINIMUM LIABILITY INSURANCE REQUIREMENTS FOR GRANTEE;
PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF
ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS;
AND PROVIDING AN EFFECTIVE DATE.
12. Third reading, deliberate and act on ORDINANCE NO. 2010-003: AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, GRANTING TO
DAVID THOMPSON, DBA LONE STAR CAB COMPANY, AN EXTENSION OF AN
EXISTING FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND
HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING
PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR A PERIOD OF ONE (1)
YEAR, BEGINNING JANUARY 11, 2010 AND ENDING JANUARY 10, 2011, UPON
THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR
THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OP A
FRANCHISE FEE FOR SUCH PRNILEGE AND USE OF SUCH STREETS,
ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH
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Regular Council Meeting
January 11, 2010
Page 4
GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS
FOR USE OF SAID GRANTEE; PROVIDING FOR MINI1v1UM LIABILITY
INSURANCE REQUIREMENTS FOR GRANTEE; PROVIDING FOR THE
SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR
EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AN
EFFECTIVE DATE.
13. Deliberate and act on RESOLUTION NO. 2010-003: A RESOLUTION OF THE CITY
COUNCII.. OF THE CITY OF PARIS, TEXAS, APPROVING A PROFESSIONAL
SERVICES CONTRACT WITH WEAVER BOOS CONSULTANTS, LLC TO
PREPARE AND FILE MUNICIPAL SETTING DESIGNATION WITH THE TEXAS
COMMISSION ON ENVIRONMENTAL QUALITY FOR THE STILLHOUSE ROAD
LANDFILL; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
Bob Ferbend with Weavers Boos Consultants gave a presentation on the history of the
Stillhouse Road landfill, as well as the possibe remediation responses. Mr. Ferbend said that
Weaver Boos could complete a municipal setting designation application for the Stillhouse Road
Landfill for approximately $41,000.00.
A Motion to approve this item was made by Council Member Biard and seconded by
Council Member Pickle. Motion carried, 6 ayes - 0 nays.
14. Deliberate and act on RESOLUTION NO. 2010-004: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING A MEMBER TO THE
AIRPORT ADVISORY BOARD TO SERVE THE UNEXPIRED TERM OF PETE
KAMPFER, WHICH EXPIRES APRIL 30, 2011; MAKING OTHER FINDINGS AND
FROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE
DATE.
A Motion to appoint EDC Director Steve Gilbert was made by Council Member Biard
and seconded by Council Member M:cCarthy. Motion carried, 6 ayes - 0 nays.
15. Deliberate and act on RESOLUTION NO. 2010-005: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS; SUPPORTING THE APPLICATION
OF PARIS RETIREMENTVILLAGE II, LTD FOR HOUSING TAX CREDITS AND
HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING
AN EFFECTNE DATE.
A Motion to approve this itein was inade by Council Member McCarthy and seconded by
Council Member Rogers. Mation carried,.6 ayes - 0 nays.
16. Deliberate and act on RESOLUTION NO. 2010-006: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING
THE EXECUTION OF A QUITCLAIM DEED FROM THE CITY OF PARIS TO
WILLIAM GEORGE KING FOR LOTS 7, 8 AND 9, BLOCK 5, SMITH'S F1RST
ADDITION, LOCATED AT 1030 PARK STREET; MAKING OTHER FINDINGS
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Regular Council Meeting
January 11, 2010
Page 5
AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
A Motion to approve this item was made by Council Member McCarthy and seconded by
Council Member Rogers. Motion carried, 6 ayes - 0 nays.
17. Deliberate and act on RESOLUTION NO. 2010-007: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING
THE EXECUTION OF A FINANCIAL ADVISORY CONTRACT WITH
SOUTHWEST SECURITIES GROUP FOR PROFESSIONAL SERVICES IN THE
CAPACITY OF FINANCIAL ADVISOR FOR THE CITY OF PARIS; 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 Pickle and seconded by
Council Member Rogers. Motion carried, 6 ayes - 0 nays.
18. Deliberate and act on an ORDINANCE OF THE CITY COLJNCIL OF THE CITY OF
PARIS, TEXAS, AMENDING SECTION 8-108 AND SECTION 12-100 OF THE CITY
ZONING ORDINANCE NO. 1710, AS PREVIOUSLY AMENDED, BY ADDING THE
USE OF LOADING, UNLOADING OR TRANSLOADING OF CRUDE OIL WITH
AN S(SPECIFIC USE PERMIT) BE ADDED UNDER THE HI (HEAVY
INDUSTRIAL ZONING) CLASSIFICATION OF SECTION 8-108 OF THE CITY
ZONING ORDINANCE, AND AMENDING SEC. 12-100 SPECIFIC USE PERMITS,
TO ADD NO. (53) LOADING, UNLOADING OR TRANSLOADING OF CRUDE OIL
IN HEAVY INDUSTRIAL (HI) ZONING DISTRICTS IN THE CITY OF PARIS;
PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS
CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
A Motion to invoke the super majority rule was made by Council Member Biard and
seconded by Council Member Pickle. Motion failed, 2 ayes - 4 nays, with Mayor Freelen,
Council Member. McCarthy, Council Member Brown, and Council Member Rogers casting the
dissenting votes. Council Members discussed bringing this item back to Council for
consideration. City Attorney Kent McIlyar recommended conducting a public hearing. It was a
consensus of City Council to place this item on the next Agenda and conduct a public hearing.
19. Convene in Executive Session pursuant to Section 551.071 of the Texas Government
Code, Consultation with Attorney, to receive legal advice from the City Attorney with
regard to the Lamar County Water Supply District release of CCN area for Daisy Farms
and other contract issues.
Mayor Freelen convened City Council into executive session at 7:00 p.m.
20. Reconvene in Open Session to take possible action regarding matters discussed in
Executive Session.
Mayor Freelen reconvened City Council into open session at 7:18 p.m. and announced
that there was no action to be taken at that time.
Regular Council Meeting
January 11, 2010
Page 6
21. Consider and approve and future events for City Council and/or City Staff pursuant to
Resolution No. 2004-081.
Council Member Rogers said that the Texas Elected Official Conference was February
12-14 in E1Paso, Texas.
22. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member
Pickle and was seconded by Council Member McGarthy. Motion carried, 6 ayes - 0 nays. The
meeting was adjourned at 7:21 p.m.
JESSE JAMES FREELEN, MAYOR
JANICE ELLIS, CITY CLERK
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