05-Council Minutes from the meeting of June 28, 2010CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
07/08/2010
Council Date:
07/ 12/2010
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 June 28, 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
❑ P
bli
y'T'D Actual
$
u
c Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
E Administration E City Clerk ❑ Community Development ❑ EMS/IT
❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works
❑ Finance ❑ Fire
❑ Utilities
City of Paris Revised 2/04/08
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MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
June 28, 2010
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
June 28, 2010, at the City Council Chamber, 107 E. Kaufman, Paris, Texas.
Present: Mayor: Will Biard
Council Members: Joe McCarthy; Jason Rogers; John Wright; Stephen
Brown; Edwin Pickle; and Rhonda Rogers
City Staff: Kevin Carruth, City Manager; Kent McIlyar, City
Attorney; Janice Ellis, City Clerk; Bob Hundley,
Police Chief; Ronnie Grooms, Fire Chief; Gene
Anderson, Finance Director; Shawn Napier,
Director of Engineering; and Steven McFadden,
Interim Public Works Director
Openin2 Agenda
1. Call meeting to order.
Mayor Biard called the meeting to order at 5:32 p.m.
2. Invocation.
Pastor Charlotte Coyle gave the invocation.
3. Pledge of Allegiance.
Council Member Brown led the pledge.
4. Citizens' forum.
No one spoke during the citizens' forum.
Consent A2enda
Mayor Biard inquired of Council Members if they wished to pull any items from the
Consent Agenda for discussion. Council Member Pickle said he would like to discuss items 8
and 10.
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June 28, 2010
Page 2
Council Member Pickle made a Motion to approve the Consent Agenda with the
exception of items 8 and 10, and Council Member McCarthy seconded the Motion. The Council
voted seven (7) for and none (0) opposed to approve and adopt Consent Agenda Items 5, 6, 7,
and 9.
5. Deliberate and act on the approval of minutes from the meeting on June l, 2010 and June
14, 2010.
6. Receive and deliberate on reports and/or minutes from the following boards,
commissions, and committees:
a. PEDC minutes (5-13-2010)
b. Airport Advisory Board minutes (3-18-20] 0)
c. Paris Visitors and Convention Council minutes (4-14-2010)
d. Board of Adjustment minutes (4-13-2010)
e. Historic Preservation Coininission (5-24-20] 0)
7. Deliberate on May monthly financial report.
8. Deliberate on drainage ditch maintenance report.
Shawn Napier answered questions from City council regarding the ditch maintenance
report.
9. Deliberate and act on RESOLUTION NO. 2010-069: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE PEDC
RESOLUTION AUTHORIZING THE FIRST AMENDED RENEWAL AND
EXTENSION PROMISSORY NOTE AND SECOND ADDENDUM TO THE
SECURITY AGREEMENT BETWEEN PARIS PACKAGING, INC. AND PARIS
ECONOMIC DEVELOPMENT CORPORATION (PEDC), TO REFLECT A LOWER
INTEREST RATE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
10. Deliberate and act on RESOLUTION NO. 2010-070: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING THE CONTRACT FOR
THE DEMOLITION AND DISPOSAL OF DILAPIDATED STRUCTURES IN THE
CITY OF PARIS TO SANITATION SOLUTIONS, THE LOWEST RESPONSIBLE
BIDDER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
Council Member Piekle inquired about disconneetion of utilities. Shawn Napier said the
coordination had been going well and thirty to thirty-five structures had been taken down.
A Motion to approve items 8 and 10 was made by Council Member Pickle and seconded
by Council Member Rhanda Rogers. Motion carried, 7 ayes - 0 nays.
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Regular Agenda
11. Second reading, deliberate and possibly act on ORDINANCE NO. 2010-023: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ARTICLE I OF CHAPTER 7, BUILDING AND REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS, BY ADDING
SECTION7-3, THIRD PARTY PLAN REVIEW AND INSPECTION; AND
AMENDING ARTICLE II, BUILDING CODE, SECTION 7-19, PERMIT FEES
ESTABLISHING PERMIT FEES REQUIRED BY THE BUILDING CODE; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING
A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A
PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Council Member Rhonda Rogers said she did not have a problem increasing the fee for
an application for certificate of occupancy to $50.00, but was opposed to an increase of $75.00 in
October.
Subject to the change being made to delete the increase of $75.00, a Motion to approve
this item was made by Council Member Rhonda Rogers.
Mayor Biard inquired about Section 7-19(b) signs. Shawn Napier said that Kent McIlyar
had brought that to his attention earlier and that it did not need to be in this ordinance, because it
was contained in a separate ordinance.
Subject to the certificate of occupancy fee remaining at $50.00 and the deletion of
Section 7-19(b) signs, Council Member Rhonda Rogers made a Motion to approve this item and
Council Member Pickle seconded the Motion. Motion carried, 7 ayes - 0 nays.
12. First reading, deliberate and possibly act on an ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PARIS, TEXAS AMENDING ARTICLE IV OF CHAPTER 12,
FIRE PREVENTION AND PROTECTION OF THE CODE OF ORDINANCES OF
THE CITY OF PARIS, TEXAS, BY AMENDING SECTION 12-89 PERMIT FEES;
ESTABLISHING PERMIT FEES REQUIRED BY THE FIRE CODE; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING
A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A
PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Mayor Biard asked for a Motion to remove this item from the table. A Motion to remove
this item from the table was made by Council Member McCarthy and seconded by Council
Member Rhonda Rogers. Motion carried, 7 ayes - 0 nays. It was a consensus of the City
Council to place this item on the next Agenda for a second reading to allow for public input.
13. First reading, deliberate and possibly act on an ORDINANCE OF THE CITY COL7NCIL
OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 16-28, RESIDENTIAL
COLLECTION RATE OF ARTICLE II, REGULATION OF THE COLLECTION OF
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SOLID WASTE, CHAPTER 16, GARBAGE AND OTHER WASTE MATERIAL, OF
THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; BY AMENDING
SEC. 16-28(a) PROVIDING FOR AN INCREASE IN THE COLLECTION RATE;
AND BY ADDING SECTION 16-28(d), DESIGNATING THE FINANCE DIRECTOR
TO HEAR ANY APPEALS RELATED TO SANITATION ACCOUNTS; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING
A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A
PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Council Member Rhonda Rogers questioned as to whether or not action should be
delayed on this item pending the new landfill rates. Kevin Carruth said they needed to go ahead
and act on this item for budget purposes. Mayor Biard said that the rates had been based on
200$-2009 figures and that they had been subsidizing sanitation. Council Member Rhonda
Rogers asked that this be placed on the next Agenda for a second reading to allow input from
citizens. It was a consensus of Council to do so.
14. Deliberate and act on RESOLUTION NO. 2010-071: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE BID AND
AWARDING THE CONTRACT FOR THE SOUTH COLLEGIATE DRIVE
RECONSTRUCTION - SOUTH LOOP 286 TO BIG SANDY CREEK, TO R.K. HALL
CONSTRUCTION COMPANY, LTD, THE LOWEST RESPONSIBLE BIDDER;
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 Wright. Motion carried, 7 ayes - 0 nays.
15. Deliberate and act on RESOLUTION NO. 2010-072: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS IN SUPPORT OF THE APPLICATION
TO THE U.S. DEPARTMENT OF TRANSPORTATION, TIGER DISCRETIONARY
GRANT PROGRAM BY ARK-TEX COUNCIL OF GOVERNMENTS (ATCOG), FOR
FUNDS TO CONSTRUCT THE NORTHEAST TEXAS (RED RIVER VALLEY)
TRAIL, APPROXIMATELY 130 MILES OF PEDESTRIAN/BIKING/EQUINE
TRAILS FROM FARMERSVILLE, TEXAS, TO NEW BOSTON, TEXAS, ALONG
ABANDONED RAIL BANK; 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 Pickle and seconded by
Council Member McCarthy. Motion carried, 7 ayes - 0 nays.
16. Deliberate and act on RESOLUTION NO. 2010-073: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING MEMBERS TO
VARIOUS CITY OF PARIS BOARDS AND COMMISSIONS, IN ACCORDANCE
WITH POLICIES AND PROCEDURES FOR STANDING BOARDS, COMMISSIONS
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AND COMMITTEES; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
Prior to making appointments, Council Member Rhonda Rogers asked that Council
consider placing at least one student on each committee to serve as an ex-officio member. It was
a consensus of the City Council for Mayor Biard to make student officio positions on each
committee, and for Council Member Rhonda Rogers to be in charge of contacting the
appropriate entities in order to gather student applications.
City Council made the following appointments:
Airport Advisory Board - Fred Williams
Band Commission - Bonnie Ausburn
Building and Standards - Ryan Lassister
Historic Preservation Commission - Matthew Coyle and Paul K. Denney
Library Advisory Board - Deborah Hatley and Hilda Mallory
Main Street Advisory Board - Britin Bostick, Matthew Coyle, and James Brockway
Paris Economic Development Corporation Board - Douglas Wehnnan
Planning & Zoning Commission - James Price, Richard Hunt, and Dennis Chalaire
Traffic Commission - Jon McFadden, Barry Shiver, and Rexi Stamper
Council Meinber Pickle suggested that they also appoint Johnny Norris to the Building
and Standards Commission. Pending verification that Mr. Norris resides in the City, it was a
consensus of City Council to appoint him to the Building and Standards Commission to fill Zach
Saffle's position.
It was also a consensus of City Council to recommend that Dr. James Gulde and William
"Bi1l" Sanders be appointed to the Paris/Lamar County Board of Health Board, pending approval
of the Lamar County Commissioner's Court.
17. Deliberate and act on RESOLUTION NO. 2010-074: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING MEMBERS TO THE
BOARD OF DIRECTORS OF THE ARK-TEX COUNCIL OF G(?VERNMENTS AND
RECOMMENDING MAYOR WILL BIARD TO SERVE ON THE EXECUTIVE
COMMITTEE OF THE ARK-TEX COUNCIL OF GOVERNMENTS; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING FOR AN EFFECTIVE DATE.
It was a consensus of City Council to appoint Council Members Rhonda Rogers and Joe
McCarthy to the Board of Directors and recommend Mayor Will Biard to serve on the Executive
Committee of the Ark-Tex Council of Governments.
18. Deliberate and act on RESOLUTION NO. 2010-075: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS TEXAS, APPOINTING RHONDA ROGERS AS
A MEMBER OF THE VISITORS AND CONVENTION COUNCIL OF THE
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CHAMBER OF COMMERCE OF LAMAR COUNTY; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN
EFFECTIVE DATE.
It was a consensus of City Gouncil to appoint Council Member Rhonda Rogers to serve
on the Visitors and Convention Council of the Chamber of Commerce of Lamar County.
19. Deliberate and act on appointment of City Council Members to serve as liaisons on city
boards, committees, and commissions.
In addition to the appoinhnents made in items 17 and 18, Council Members were
appointed to serve as liaisons for the following boards, committees, and commissions:
Joe McCarthy- Paris Housing Authority and Traffic Commission
Jason Rogers - Planning and Zoning Commission and Paris/Lamar County Board of
Health
John Wright - PEDC and Library Advisory Board
Stephen Brown - Building & Standards and Board of Adjustment
Edwin Pickle - Airport Advisory Board, Band Commission, and Main Street
Rhonda Rogers - Historic Preservation Commission
20. Convene into 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 legal issues raised
in connection with awarding a contract 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.
b. Pursuant to Section 551.072 of the Texas Government Code, to deliberate the
purchase, exchange, lease, or value of real property.
Following a brief recess, Mayor Biard recessed City Council into executive session at
6:45 p.m.
21. Reconvene into Open Session.
Mayor Biard reconvened City Council into open session at 7:15 p.m. and said that there
was no action to be taken at that time.
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22. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004-081.
Council Member Jason Rogers said that he would like to attend the upcoming Newly
Elected Officials Conference in Irving. A Motion to approve this item was made by Council
Member McCarthy and seconded by Council Member Rhonda Rogers. Motion carried, 7 ayes -
0 nays.
23. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member
Pickle and was seconded by Council Member Rhonda Rogers. Motion carried, 7 ayes - 0 nays.
The meeting was adjourned at 7:16 p.m.
WILL BIARD, MAYOR
JAMCE ELLIS, GITY CLERK
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