05-Council Minutes from the meeting of July 26, 2010CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
08/03/2010
Council Date:
08/09/2010
Originating Department:
City Clerk
Presented By:
Janice Ellis
A,genda 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 July 26, 2010.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
The attached minutes from the meeting
ACTION:
BUDGET INFO:
❑ Financial Report Z Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation ❑ Ordinance
y'rD Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration 0 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
July 26, 2010
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
July 26, 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; and Steve McFadden,
Interim Public Works Director
Openinsz Agenda
1. Call meeting to order.
Mayor Biard called the meeting to order at 5:33 p.m.
2. Invocation.
Dana Self gave the invocation.
3. Pledge of Allegiance.
Council Member Wright led the pledge.
4. Citizens' forum.
No one spoke.
Consent Agenda
Mayor Biard inquired of Council Members if they wished to pull any items from the
Consent Agenda for discussion. There were none.
Council Member Pickle made a Motion to approve the Consent Agenda and Council
Member Rhonda Rogers seconded the Motion. The Council voted seven (7) for and none (0)
opposed to approve and adopt Consent Agenda Items 5, 6, 7, and 8.
5. Deliberate and act on the approval of minutes from the meeting on July 12, 2010.
2
Regular Council Meeting
luly 26, 2010
Page 2
6. Receive and deliberate on reports and/or minutes from the following boards,
commissions, and committees:
a. Airport Advisory Board minutes (4-15-2010)
b. Paris Economic Development Corporation minutes (6-8-2010; 6-24-2010)
c. Traffic Commission minutes (6-8-2010)
d. Board of Adjustment minutes (6-15-2010)
7. Deliberate on drainage ditch maintenance report.
8. Deliberate on June monthly financial report.
Regular Agenda
9. First reading, deliberate and possibly act on ORDINANCE NO. 2010-026: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ESTABLISHING A NEW SCHOOL ZONE ON LOOP 286 SE NEAR ITS
INTERSECTION WITH SOUTH COLLEGIATE DRIVE ESTABLISHING
MAXIMUM, REASONABLE AND PRUDENT RATES OF SPEED ON LOOP 286 SE
FOR A NEW SCHOOL ZONE NEAR THE NEW PARIS HIGH SCHOOL FACILITY;
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 Pickle and
seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays.
A Motion to approve this item was made by Council Member Rhonda Rogers and
seconded by Council Member Wright. Motion carried, 7 ayes - 0 nays.
10. First reading, deliberate and possibly act on ORDINANCE NO. 2010-027: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ESTABLISHING A CONSTRUCTION SPEED ZONE ON US 82 AND BU 82 H
(BONHAM ST.) IN THE CORPORATE LIMITS OF THE CITY OF PARIS, LAMAR
COUNTY, TEXAS, DURING THE TEXAS DEPARTMENT OF
TRANSPORTATION' S CONSTRUCTION PROJECT ON BONHAM STREET (US
HIGHWAY 82W) FROM LOOP 286 WEST TOWARD THE CITY LIMITS;
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 McCarthy and
seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays.
A Motion to approve this item was made by Council Member Pickle and seconded by
Council Member Brown. Motion carried, 7 ayes - 0 nays.
3
Regular Council Meeting
luly 26, 2010
Page 3
11. Deliberate and act on RESOLUTION NO. 2010-080: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING MEMBERS TO THE
AIRPORT ADVISORY BOARD, THE BAND COMMISSION AND THE BUILDING
AND STANDARDS COMMISSION; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE
DATE.
A Motion to appoint Rhonda Morris to the Band Commission, Johnny Norris to the
Building and Standards Commission, Jerry Coyle to the Airport Advisory Board, and Becky
Semple to the Band Commission as the VC &C representative was made by Council Member
Pickle and seconded by Council Member Jason Rogers. Motion carried, 7 ayes - 0 nays.
12. Deliberate and possibly act on RESOLUTION NO. 2010-081: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND
AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY
OF PARIS AND MUNISERVICES, LLC FOR AUDIT AND REVIEW OF LOCAL
HOTEL OCCUPANCY TAX COLLECTION BY LOCAL LODGING
ESTABLISHMENTS AND REVIEW OF LOCAL ORDINANCES RELATED
THERETO AND TRAINING FOR BOTH THE CITY OF PARIS AND LOCAL
LODGING ESTABLISHMENTS ON THE HOTEL OCCUPANCY TAX; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
Subject to the agreement being changed to remove the automatic renewal and that
language be added that the City will pay the fee only for audited hotels, a Motion to approve this
item was made by Council Member Rhonda Rogers and seconded by Council Member Pickle.
Motion carried, 7 ayes - 0 nays.
13. Deliberate and possibly act on RESOLUTION NO. 2010-082: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE BID
AND AWARDING THE CONTRACT FOR THE CONSTRUCTION OF A FISHING
PIER AT LAKE CROOK TO BOBBY SMALLWOOD CONSTRUCTION COMPANY,
INC., THE LOWEST RESPONSBILE BIDDER; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE
DATE.
A Motion to award the contract to low bidder Bobby Smallwood Construction for
$93,393.60 was made by Council Member Pickle and seconded by Council Member McCarthy.
Motion carried, 7 ayes - 0 nays.
14. Deliberate and possibly act on RESOLUTION NO. 2010-083: A RESOLUTION OF
THE CITY COLTNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE BID
AND AWARDING THE CONTRACT FOR THE TRAIL DE PARIS EXTENSION
FROM SE 8TH STREET TO SE 12T" STREET PROJECT TO RICHARD DRAKE
4
Regular Council Meeting
luly 26, 2010
Page 4
CONSTRUCTION COMPANY, L.P., THE LOWEST RESPONSIBLE BIDDER;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
AND DECLARING AN EFFECTIVE DATE.
A Motion to award the contract to Richard Drake Construction Company for $111,553.00
was made by Council Member McCarthy and seconded by Council Member Brown. Motion
carried, 7 ayes - 0 nays.
15. Deliberate and possibly act on RESOLUTION NO. 2010-084: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE
CONVEYANCE OF A RAINBOW TRUSS BRIDGE, KNOWN AS THE GOODMAN
BRIDGE FROM NACOGDOCHES COUNTY, TEXAS FOR PLACEMENT AND USE
AS PART OF TRAIL DE PARIS; MAKING OTHER F1NDINGS 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 Rhonda Rogers. Motion carried, 7 ayes - 0 nays.
16. Deliberate and possibly act on temporarily suspending the landfill RFP process and to
evaluate all options concerning landfill disposal and residential sanitation collection.
Council Member Jason Rogers said that he would like to suspend the RFP process and
look at all options. He said with the contract with Waste Management expiring and a new
landfill being built, that there would be more available options. Council Member Pickle said that
he would like to continue with the RFP process, while Mayor Biard said he wanted to look at a
RFP for the landfill and residential sanitation. Council Member Pickle said he would like the
RFP to have two options, one for the landfill only and one to include the landfill fees and
residential sanitation fees. Council Member Jason Rogers emphasized that he wanted to receive
input from sanitation employees. Council Member Rhonda Rogers suggested that once Council
receives numbers, that they hold a workshop. It was a consensus of the City Council to have
staff bring back for review a proposed RFP with two options, one being for the landfill fees only
and the other one to include both landfill and residential sanitation fees combined. Council
asked that the RFP include city equipment and personnel.
17. Convene into Executive Session 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.
Mayor Biard convened City Council into executive session at 6:13 p.m.
18. Reconvene in Open Session.
Mayor Biard reconvened City Council into open session at 6:41 p.m.
5
Regular Council Meeting
July 26, 2010
Page 5
19. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004-081.
Mayor Biard reminded everyone of the upcoming Paris Diversity Dinner scheduled for
July 31". Council Member Jason Rogers said he would be unavailable August 9th and Council
Member Brown said he would be unavailable the week of August 8th. Council Member Rhonda
Rogers inquired about budget meetings. City Manager Kevin Carruth told Council they would
receive the budget at the first meeting in August. Mayor Biard asked Council Members to e-mail
to the City Manager their schedules for August.
20. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member
McCarthy and was seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. The
meeting was adjourned at 6:43 p.m.
WILL BIARD, MAYOR
JANICE ELLIS, CITY CLERK
s