05-Council minutes from the meeting of 04/12/2010CITY COUNCIL AGENDA ITEM BRIEFING S
EET
Submittal Date:
04/ 15/2010
Council Date:
04/26/2010
Originating Department:
City Clerk
Presented By:
Janice Ellis
Age
5•
da Item No.:
RECOMMENDED MOTION:
Motion to approve as presented.
POLICY ISSUE(S):
Approval of Official Record of Council.
BACKGROUND:
Council Minutes from the meeting of April 12, 2010.
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
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
~ Administration E City Clerk ❑ Communiry Development ❑ EMS/IT
❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Work
❑ Fi
❑ U
nce ❑ Fire
ilities
City of Paris 1 1 Revised 2/04/08
MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
April 12, 2010
The City Council of the City of Paris met for a regular session at 5:31
April 12, 2010, at the City Council Chamber, 107 E. Kaufrnan, Paris, Texas.
Present: Mayor: Jesse James Freelen
Council Meinbers: Joe McCarthy; Kevin Kear; S
Pickle; and Rhonda Rogers
City Staff: Kevin Carruth, Ciry Manager; KE
Attorney; Janice Ellis, City Clerk
City Engineer; Bob Hundley, Pol
Grooms, Fire Chief; Gene Ander
Director; Steven McFadden, Inte
Director; Tom Hunt, Municipal J
Klinkerman, EMS Director
Absent: Council Member Will Biard
Openinp- Ap-enda
l. Call meeting to order.
Mayor Freelen called the meeting to order at 5:35 p.m.
2. Invocation.
Pastar Van Lazaroff gave the invocation.
3. Pledge of Allegiance.
Council Member Rogers led the pledge.
4. Citizens' forum.
Jean Schweers, 5005 Old Clarksville Road - she spoke in
curfew ordinance, because she home schools her children.
Mary Campbell, 2552 Clark Lane - she spoke in support of 1
ardinance, citing a decrease of juvenile disturbances and property crimes.
► p.m
1 Monday,
3ro*n; Edwin
ZcI ar, City
aw Napier,
:hi f; Ronni e
Fi nce
'ub ic Works
a d Kent
, of e juvenile
juve ile curfew
2
Reg lar Cou cil Meeting
A ril 12, 2010
Page 2
Mike Womack, 1610 FM 1500, Sumner - he asked that the City C uncil clare next
month as Motorcycle Safety Awareness month. He also asked that the City urchas "share the
road" signs.
John Petersen, 7810 Clark Lane - he said that the enforcement of Iles and
was not administered fairly.
Consent Azenda
Mayor Freelen inquired of Council Members if they wished to pull ny ite s from the
Consent Agenda for discussion. Council Member McCarthy asked that the B ilding and
Standards Commission minutes of January 20, 2010 be corrected by havin Chris rown sign
the minutes, because Bill Harris was not present at the meeting.
Subject to the Building and Standards Commission minutes being correct , Council
Member Brown inade a Motion to approve the Consent Agenda and Cou il M ber Pickle
seconded the Motion. The Council voted six (6) for and none (0) opposed to approv and adopt
Consent Agenda ltems 5 and 6.
5. Deliberate and act on the approval of minutes from the meetings on tarch 2, 2010 and
Apri 15, 2010.
6. Receive and deliberate on reports and/or minutes from the followi g boards,
commissions, and committees:
a. Building and Standards Commission minutes (1-20-2010)
b. Traffic Commission minutes (2-2-2010)
c. Airport Advisory Board ininutes (I 1-19-2009; 1-21-2010)
d. Paris Historic Preservation Commission minutes (3-10-2010)
e. Planning and Zoning Commission minutes (3-1-2010)
Resular Asenda
7. Hear and deliberate on Paris Economic Development Corporation qua erly re ort.
PEDC Executive Director Steve Gilbert presented City Council the
Hear and deliberate on presentation of Community Planning Project.
Bill Bancroft of Conbrio outlined the project goals and answered que tions frm the City
Council. Several Council Members said they wanted references prior to m ving f rward with
engaging the services of Conbrio.
3
Reg lar Cou cil Meeting
A ril 12, 2010
Page 3
9. Second public hearing, second reading, deliberate and act on ORDIT, ANCE O. 2010-
012: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY O PARI , TEXAS,
READOPTING ARTICLE III CURFEW REGULATIONS FOR CHIL REN OF
CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY O PARI , TEXAS,
REVISING CERTAIN LAW ENFORCEMENT PROCEDURES PPLI BLE TO
THE CURFEW ORDINANCE AND MAKING OTHER INDIN S AND
PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALE CLAUSE,
SEVERABILITY CLAUSE, SAVINGS CLAUSE; AND PROVIDIN AN E FECTIVE
DATE.
Mayor Freelen opened the public hearing and asked for anyone 'shing speak in
support or opposition of this item, to please come forward. No one spoke at the pu ic hearing.
Mayor Freelen closed the public hearing. Kevin Carruth addressed Ms. Sc weer's oncern, in
that there is an affirmative defense in the ordinance for home schoolers.
A Motion to approve this item was made by Council Member Pickl~ and s~conded by
Council Member Brown. Motion carried, 6 ayes - 0 nays.
10. Hear and deliberate on independent audit of the city's financial
Tom Hensel of McClanahan and Holmes and Finance Director Gene ~nders~~ answered
questions from the City Council.
11. Deliberate and act on the Master Plat and the Preliminary Plat of Lots 1-3, BI ck A; Lots
1-6, Block B; Lots 104, Block C, Robinson Addition 318, located in the 200 Block
Loop 286 N.E.
A Motion to approve this item was made by Council Member Roge s and conded by
Council Member Pickle. Motion carried, 6 ayes - 0 nays.
12. First reading, deliberate and possibly act on ORDINANCE N. 2010 013: AN
ORDINANCE OF THE CITY OF PARIS, TEXAS, DECLARI G OPPOSED
CANDIDATES IN CITY COUNCIL DISTRICTS 1 AND 3 FOR HE M Y 8, 2010,
GENERAL ELECTION BE ELECTED TO OFFICE; DETERM 1NG HAT NO
ELECTION BE HELD IN DISTRICTS l AND 3; DIRECTING T AT A COPY OF
THIS ORDINANCE BE POSTED AT APPROPRIATE PO LING PLACES;
DIRECTING THAT CERTIFICATES OF ELECTION BE I SUED TO THE
UNOPPOSED CANDIDATES MAKING OTHER FINDINGS A D P VISIONS
RELATED TO THE SUBJECT; PROVIDING A REPEAL R C AUSE, A
SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND ROVI ING AN
EFFECTNE DATE.
A Motion to invoke the super majority rule was made by Council M~ber M~Carthy and
seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays.
. 4
A Motion to approve this item was made by Council Member
Council Member Rogers. Motion carried, 6 ayes - 0 nays.
Reg lar Cou cil Meeting
A ril 12, 2010
Page 4
arty and s conded by
13. First reading, deliberate, and possibly act on ORDINANCE NC
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AMENDING THE TRAFFIC CONTROL MAP ADOPTED IN SEC"
THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS
A STOP SIGN ON 17TH STREET SW AT WEST KAUFMAN SZ
NORTH- AND SOUTH-BOUND TRAFFIC; MAKING OTHER
PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REF
A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALT
PROVIDING AN EFFEGTIVE DATE.
2010
14: AN
PARI
TEXAS,
ION 3
65(b), OF
ESTA
LISHING
ZEET
TOPPING
FINDI
GS AND
HEALE
CLAUSE,
( CLA
SE; AND
A Motion to invoke the super majority rule was made by Council ~ember
seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays.
A Motion to approve this item was made by Council Member McCartl~y and
Council Member Brown. Motion carried, 6 ayes - 0 nays.
14. First reading, deliberate, and possibly act on ORDINANCE N. 201(
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PAR]
ESTABLISHING MAXIMUM, REASONABLE AND PRUDENT TES
ON FM 1507 (JEFFERSON ROAD AND EVERGREEN) FROM IT BEG.
THE INTERSECTION WITH SH 19/24 TO ITS INTERSECTIO WI7
WHICH INCLUDES THE LOCATIONS OF THE NEW PARIS HI H SC]
THE OLD PARIS H1GH SCHOOL IN THE CITY OF PARIS, TEX S; PRI
REPEALER CLAUSE; A SEVERABILITY CLAUSE, A SAVI GS C
PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
A Motion to invoke the super majority rule was made by Council M
seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays.
A Motion to approve this item was made by Council Member McCart ~y and
Council Member Rogers. Motion carried, 6 ayes - 0 nays.
15. First reading, deliberate, and possibly act on ORDINANCE N. 201(
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARI
AMENDING THE TRAFFIC CONTROL MAP ADOPTED IN SEC ION :
THE CODE OF ORDINANCES OF THE CITY OF PARIS, TE S; A
THE PLACEMENT OF A SIGNAL LIGHT AND PEDESTRIAN ROS'k
33RD STREET SE AND LAMAR AVENUE; MAKING 4THER FIND
PROVISIONS RELATED TO THE SUBJECT; PROVIDING A RE EALE
A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENAL CL~
PROVIDING AN EFFECTIVE DATE.
and
by
15: AN
TEXAS,
F SPEED
NING AT
FM 905,
>OL AND
'IDING A
AUSE, A
and
by
)16: AN
TEXAS,
-65(b) OF
'ROVING
JALK AT
(GS AND
CLAUSE,
1SE; AND
5
Reg lar Cou cil Meeting
A ril 12, 2010
Page 5
A Motion to invoke the super majority rule was made by Council ember ogers and
seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays.
A Motion to approve this item was made by Council Member McCarty and s conded by
Council Member Rogers. Motion carried, 6 ayes - 0 nays.
16. Deliberate and act on RESOLUTION NO. 2010-046: A RESOLUTI N OF HE CITY
COUNCIL OF THE C1TY OF PARIS, TEXAS, ACCEPTING TH PRO SAL OF
WHITAKER HOMES TO CONSTRUCT UP TO FIVE NEW INGL FAMILY
HOMES IN THE CITY OF PARIS, TEXAS, UNDER THE TEXA DEP RTMENT
OF HOUSING AND COMMUNITY AFFAIRS HOME O ER- CCUPIED
PROGRAM GRANT CONTRACT NO. 1001053; MAKING OTHE FIND GS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARINAN E FECTIVE
DATE.
Kevin Carruth read the names of the recipients as follows: Patric a Dyer Katherine
Hughes, Dessie Nickerson, Helen Woods and Paula McHenry.
A Motion to approve this item was made by Council Member Ke and s conded by
Council Member Brown. Motion carried 6 ayes-0 nays.
17. Deliberate and act on RESOLUTION NO. 2010-047: A RESOLUTI N OF HE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING T E SU MISSION
OF A HOME PROGRAM APPLICATION TO THE TEXAS D PART ENT OF
HOUSING AND COMMUNITY AFFAIRS FOR HOME FUND ; DES NATING
THE AMOUNT OF MATCHING FUNDS AND CASH RESERVE ; AUT ORIZING
THE EXECUTION OF ANY AND ALL DOCUMENTS N CESS RY FOR
ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UPO NOTICE
THEREOF; MAKING OTHER FINDINGS AND PROVISIONS R LATE TO THE
SUBJECT; AND PROVIDING AN EFFEGTIVE DATE.
A Motion to approve this item was made by Council Member Rogels and s~conded by
Council Member Kear. Motion carried, 6 ayes - 0 nays.
18. Deliberate and act on RESOLUTION NO. 2010-048: A RESOLUTI N OF HE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AN ACC ETING A
PROPOSAL FOR ARCHITECTURAL SERVICES FROM DENN Y AR 7HITECTS
FOR BYWATERS PARK PERISTYLE IMPROVEMENTS; AKIN OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; ND D CLARING
AN EFFECTIVE DATE.
A Motion to approve this itein was made by Council Member Pi
Council Member McCarthy. Motion carried, 6 ayes - 0 nays.
and
by
. 6
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A ril 12, 2010
Page 6
19. Deliberate and act on A RESOLUTION OF THE CITY COLJNCIL F TH CITY OF
PARIS, TEXAS, APPOINTING MEMBERS TO VARIOUS CITY 0 PARI BOARDS
AND COMMISSIONS, IN ACCORDANCE WITH POLICIES A PR EDURES
FOR STANDING BOARDS, COMMISSIONS AND COMMITEES; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJ T; AND
PROVIDING AN EFFECTIVE DATE.
Kevin Carruth told Council that staff had only received 10 applic tions and
recommended postponing appointments until the April 26th Council meeting o allo mare time
to receive applications. Council Member Brown agreed with staff. Council ember ogers said
she would like to know how many of the current committee members whose rms w re expiring
would like to serve another term. Council Member Pickle said he thought the shoul not fill the
vacancies until the new Council was seated. Mayor Freelen disagreed. He s id the w Council
Members would be in a learning process. Mayor Freelen asked staff to br ng this tem to the
next Council meeting, along with a new item to address the possibility of c anging the date of
the appointments.
A Motion to table this item was made by Council Member Bro~ and s~conded by
Council Member Rogers. Motion carried, 6 ayes - 0 nays.
20. Deliberate and act on administration of building permit and plan
Council Member Brown stated that Bureau Veritas was doing a gr at job d that the
Council should take its time to evaluate the need to make any changes Seve al Council
Members expressed an interest in reviewing the fees, increasing fees and ch rging es for plan
review services. Shawn Napier said once the Building and Fire Review C de Co mittee was
completed with their work, that he would get with the Fire Chief and woul hope t be able to
supply information to the City Council prior to June 1 st.
A Motion to table this item was made by Council Member Brow~ and s~conded by
Council Member Kear. Motion carried, 6 ayes - 0 nays.
il, boards,
21. Deliberate and possibly act on adoption of a code of ethics for Ci~y CouIc
commissions and committees. May
or Freelen, Council Member Rogers and Council Member McC hy, al agreed that
this was the right thing to do and was needed. Council Member Pickle differ d in op ion.
A Motion to table this item to the next meeting was made by Council Membei- Brown. A
Motion to proceed to develop a code of ethics was made by Council Member ogers.
Staff recommended a workshop prior to the next meeting.
A Motion to table this item and schedule a workshop was made Cou il Member
Brown and seconded by Council Member McCarthy. Motion carried, 6 ayesy 0 nay .
~
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A ril 12, 2010
Page 7
Council tentatively scheduled the workshop for Thursday, April 22n~, pendi~g Council
Member Pickle contacting Kevin Carruth with his schedule.
22. Hear and deliberate on report of update on residential demolition.
Shawn Napier reported that 253 residences and two apartment co plexe had been
demolished since late 2006 for a total cost of $1,353,220.61. He also noted t at the i ventory of
unoccupied substandard houses was approximately 15 and future demoli ions y involve
occupied houses.
23. Consider and approve and future events for City Council and/or Cit~ Staff ~ursuant to
Resolution No. 2004-081.
Kevin Carruth told everyone that the unveiling of the Bass Reeve stat e woul take place
at the courthouse on Wednesday, April 21'`. Council Member Rogers said here w s a ribbon
cutting at the Chamber at 10:00 a.m. on Tuesday for an air conditioning com any anil a live @5
event on April 15`h at Ivan Smith Furniture.
24. Convene into Executive Session
a. Pursuant to Section 551.074 of the Texas Government Cod to de 'berate the
appointment, employment, evaluation, reassignment, duti s, dis ipline, or
dismissal of a public officer or employee as follows: Annu 1 evalu ion of the
Municipal Court Judge.
b. Pursuant to Section 551.072 of the Texas Government Cod~ ta deberate the
purchase, exchange, lease, or value of real property.
After a brief recess, Mayor Freelen convened Council into executive s~ssion a# 7:59 p.m.
25. Reconvene into open session to possibly deliberate and act on those Tatters Iiscussed in
Executive Session.
Mayor Freelen reconvened Council into open session at 8:33 p.m. add said, rith regard
to item 24.a. that the Judge would be with the City for another year.
26. Adjournment.
There being no further business, a Motion to adjourn was made by
8
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A ril 12, 2010
Page 8
Pickle and was seconded by Council Member Brown. Motion carried, 6 a~es - 0~ays. The
meeting was adjourned at 8:33 p.m.
JESSE JAMES FREE
JANIGE ELLIS, CITY CLERK
1, MA
9