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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 1 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. t) Aw Regular Council Meeting 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. ~ Regular Council Meeting lune 28, 2010 Page 3 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 Al Regular Council Meeting June 28, 2010 Page 4 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 7) Regular Council Meeting June 28, 2010 Page 5 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 ~ Regular Council Meeting June 28, 2010 Page 6 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. ~ Regular Council Meeting June 28, 2010 Page 7 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 8