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05-Council Minutes from the meeting of September 13, 2010CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 09/23/2010 Council Date: 09/27/2010 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 September 13, 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. $ F-I Presentation ❑ Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration 0 City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 1 MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 13, 2010 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, September 13, 2010, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Will Biard Council Members: Joe McCarthy; John Wright; Stephen Brown; Edwin Pickle; and Rhonda Rogers City Staf£ Kevin Carruth, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Bob Hundley, Police Chief; Ronnie Grooms, Fire Chief; Gene Anderson, Finance Director; Steve McFadden, Interim Public Works Director; Shawn Napier, City Engineer; and Priscilla McAnally, Library Director Absent: Council Member: Jason Rogers Opening Agenda 1. Call meeting to order. Mayor Biard called the meeting to order at 5:32 p.m. 2. Invocation. Bob Bush gave the invocation. 3. Pledge of Allegiance. Council Member Rhonda Rogers led the pledge. 4. Citizens' forum. Josh Bray of Sanitation Solutions, 1580 Cobb Ranch Road - he said their landfill should be open within a month. He asked City Council to consider all options, even if awarding the landfill contract without the residential trash pick-up. Doug Sims of Waste Management, 3255 Brandi Lane - he said they would be able to bid a better price if all options were included in one bid. ~ Regular Council Meeting September 13, 2010 Page 2 Consent Agenda Mayor Biard inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Council Member Pickle said that he would like to pull item 7 for discussion. With the exception of item 7, Council Member Rhonda Rogers made a Motion to approve the Consent Agenda and Council Member McCarthy seconded the Motion. The Council voted six (6) for and none (0) opposed to approve and adopt Consent Agenda Items 5, 6, 8, 9, and 10. 5. Deliberate and act on the approval of minutes froin the meetings on August 16, 2010; August 17, 2010; and August 23, 2010. 6. Receive and deliberate on reports and/or minutes from the following boards, commissians, and committees: a. Paris Public Library Advisory Board minutes (7-21-10) b. Planning and Zoning minutes (8-2-10) c. Airport Advisory Board minutes (6-17-10) d. Main Street Advisory Board minutes (7-20-10) 7. RESOLUTION NO. 2010-091: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; AUTHORIZING THE CITY OF PARIS' BALLOT VOTING FOR PLACES SIX THROUGH NINE ON THE OFFICIAL BALLOT OF TNE TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL BOARD OF TRUSTEES ELECTION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Council Meinber Pickle said he would be more comfortable in having elected people in these positions, because of time restraints placed on staff. Council Member Rhonda Rogers said that she wanted Paris to be represented on this board and that staff inembers would have to be on the board, because of tenns limits for council members. A Motion to appoint Michael Nyren, Kevin Carruth, Larry Melton and Andres Garza to the Board was made by Council Member Rhonda Rogers and seconded by Council Member McCarthy. Motion carried, 6 ayes - 2 nays, with Council Member Wright and Council Member Pickle casting the dissenting votes. 8. RESOLUTION NO. 2010-092: A RESOLUTION OF THE CITY COUNCIL OF THE C1TY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF DSHS CONTRACT DOCUMENT NO. 2011-036132-011, BETWEEN THE CITY OF PARIS AND THE DEPARTMENT OF STATE HEALTH SERVICES, BUREAU OF VITAL STATISTICS, PROVIDING FOR ON-LINE COMPUTER SERVICES 3 Regular Council Meeting September 13, 2010 Page 3 RELATED TO CERTIFICATION OF VITAL STATISTICS SERVICES FOR THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 9. RESOLUTION NO. 2010-093: A RESOLUTION OF THE C1TY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING AN ADVANCE FUNDING AGREEMENT FOR A SAFE ROUTES TO SCHOOL PROJECT BETWEEN THE CITY OF PARIS, TEXAS, AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE SAFE ROUTES TO SCHOOLS 1NFRASTRUCTURE GRANT PROGRAM FOR INFRASTRUCTURE IMPROVEMENTS TO CREATE A SAFE ENVIRONMENT FOR CHILDREN TO BE ABLE TO WALK OR RIDE BIKES TO AND FROM SCHOOLS IN THE PAR1S INDEPENDENT SCHOOL DISTRICT; AUTHORIZING THE C1TY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF THIS PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 10. RESOLUTION NO. 2010-094: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING A PERMANENT DRAINAGE EASEMENT FROM THE GREATER PARIS DEVELOPMENT FOUNDATION, INC. LOCATED UPON AND ACROSS A TRACT OF LAND BELONGING TO THE GREATER PARIS DEVELOPMENT FOUNDATION, INC.; MAKING OTHER FINDINGS AND PROVTSIONS RELATED TO THE SUBJEGT; AND PROVIDING AN EFFECTIVE DATE. Regular Agenda 11. Public hearing on the completion of the 2008 Texas Capital Fund Main Street Project. Mayor Biard opened the public hearing and asked for anyone wishing to speak in regard to this item, to please come forward. Grant writer Kim Lacey presented the City Council with letters of appreciation from SoHo and Paris Bakery. (See Attached as Exhibit "A") With no one else speaking, Mayor Biard closed the public hearing. 12. First reading, deliberate and possibly act on ORDINANCE NO. 2010-030: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF PARIS; AFPROPRIATING THE VARIOUS AMOUNTS THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 4 Regular Council Meeting September 13, 2010 Page 4 A Motion to invoke the super majority rule was made by Council Member Pickle and seconded by Council Member Wright. Motion earried, 6 ayes - 0 nays. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Wright. Motion carried, 6 ayes - 0 nays. 13. First reading, deliberate and act on ORDINANCE NO. 2010-031: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, FIXING THE TAX RATE AND THE TAX LEVY AND LEVYING AD VALOREM TAXES FOR THE CITY OF PARIS FOR THE YEAR 2010 UPON ALL TAXABLE PROPERTY WITHIN THE CITY OF PAR1S 1N CONFORMITY WITH THE CHARTER PROVISIONS AND ORDINANCES OF THE CITY; MAKING 4THER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. A Motion to invoke the super majority rule was made by Council Member Brown and seconded by Council Member Rhonda Rogers. Motion carried, 6 ayes - 0 nays. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. 14. First reading, deliberate and act on ORDINANCE NO. 2010-032: AN ORDINANGE OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO SANITATION SOLUTIONS, FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND/OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UN1TS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS, FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJEGT; AND DECLARING AN EFFECTNE DATE. 15. First reading, deliberate and act on ORDINANCE NO. 2010-033: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF PAR1S, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO WASTE MANAGEMENT, FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND/OR TRANSPORTING SOLID WASTE FROM GOMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS, FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. - 5 Regular Council Meeting September 13, 2010 Page 5 16. First reading, deliberate and act on ORDINANCE NO. 2010-034: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO TRASITY BUSINESS, FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND/OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND iNDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS, FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to combine items 14, 15, and 16 for consideration was made by Council Member Pickle and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. A Motion to invoke the super majority rule was made by Council Member Brown and seconded by Council Member Rhonda Rogers. Motion carried, 6 ayes - 0 nays. A Motion to approve items 14, 15, and 16 was made by Council Member McCarthy and seconded by Council Member Wright. Motion carried, 6 ayes - 0 nays. 17. First reading, deliberate and possibly act on an ORDINANCE OF THE CITY COIINCIL OF THE CITY OF PARIS, TEXAS, ENACTING A NEW ARTICLE VII, RESIDENTIAL RESTRICTIONS FOR REGISTERED SEX OFFENDERS, TO CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; PROVIDING FOR THE REGULATION OF SEX OFFENDER RESIDENCY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. It was a consensus of City Council to bring this item back at the September 27th meeting. 18. Deliberate and act on the Preliminary Plat of Lot 9, 10, 11, 12, 12, 14 and 15, Block A, Pecan Place Addition Phase II and variance request for the construction of curb and gutter located at the intersection of Pine Mill Road and 42°d Street S.E. Subject to Shawn Napier obtaining the current zoning of this property, a Motion to approve the plat and variance was made by Council Member Rhonda Rogers and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. 19. Deliberate and act on the Preliminary Plat and the Final Plat of Lot 1, Block A, Bell Addition CB 248-A, located in the 1800 Block of East Washington Street. A Motion to approve the plats was made by Council Member Rhonda Rogers and seconded by Council Member Wright. Motion carried, 6 ayes - 0 nays. _ _ ~j Regular Council Meeting September 13, 2010 Page 6 20. Deliberate and act on the Preliminary Plat and Final Plat of Lot 1, Block A, Pee Wee Addition CB 251, located in the 1800 Block of North Main Street. A Motion to approve the plats was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. 21. Deliberate and act on the Preliminary Plat and Fina] Plat of Lot l, Block A, Paris Doughnuts Addition CB 222-A, located in the 2400 Block of Lamar Avenue. A Motion to approve the plats was made by Council Member Wright and seconded by Council Member Rhonda Rogers. Motion carried, 6 ayes - 0 nays. 22. Deliberate and act on the Preliminary Plat of Lot 1, B1ock A, C.F.S. 340 Addition, located at 2902 South Church Street. A Motion to approve the plat was made by Council Member Rhonda Rogers and seconded by Council Member Brown Motion carried, 6 ayes - 0 nays. 23. Deliberate and act on RESOLUTION NO. 2010-095: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, REPEALING RESOLUTION NO. 2010-081 AND APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDED 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; MAKTNG OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Subject to the word "audited" being added to Article III, a Motion to approve this item was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. 24. Deliberate and possibly act on the proposed RFP and options. City Council elected to not discuss this item, but have it brought back at the September 27`h meeting. 25. Deliberate and act on proposed options regarding a lirnited landfill disposable agreement with Waste Management; and authorizing the city Manager to negotiate and execute all necessary documents. Kevin Garruth explained that the City's existing Agreement with Waste Management for landfill services would be expiring September 30, 2010 and that the renewal term was for another three years. He also said that the reguest far proposal process for landfill services and ~ Regular Council Meeting September 13, 2010 Page 7 residential collection services would go beyond that date and that the City needed to extend the current ageement for a period of less than three years. Mr. Carruth said that Waste Management had offered three renewal options as follows: l) month-by-month extension with an increase of 10% over currents rates with the stipulation that the 10% would be refunded to the City if Waste Management wins either a new disposal contract and/or collection contract with the City; 2) a six-month extension with an increase of 3% over current rates with the stipulation that the 3% would be refunded to the City if Waste Management wins either a new disposal contract and/or collection contract with the Gity; and 3) one-year extension with rates remaining at the current level. A Motion to approve an extension of the landfill agreement on a month-to-month basis was made by Council Member Brown and seconded by Council Member Wright. Motion carried, 5 ayes - 1 nay, with Council Member McCarthy casting the dissenting vote. 26. Deliberate and act on RESOLUTION NO. 2010-096: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE AMENDMENT OF AN AGREEMENT BETWEENTHE C1TY OF PARIS AND PARIS LIVING, A COMMUNITY DEVELOPMENT CORPORATION, TO ADMINISTER THE HOMEBUYER ASSISTANCE PROGRAM FUNDED BY THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE HOME PROGRAM, CONTRACT NO. 1001224; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AFORESAID AGREEMENT AND ALL OTHER DOCUMENTS NECESSARY TO THE FORMAL APPROVAL OF SAID GRANT; 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 McCarthy and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. 27. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Kevin Carruth announced that the Maxey House was to have agrround-breaking ceremony at 10:00 aan. on Wednesday, September 15`". Council Member Rhonda Rogers inquired if any Council Members or staff were planning to attend the annual TML conference in Corpus Christi. Mr. Carruth said that there would be no staff attending TML, citing the cost, time and difficulty of getting to Corpus Christi. All of the Council Members said they would not be attending either. _ ~ t3 Regular Council Meeting September 13, 2010 Page 8 28. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Gouncil Member Wright. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 6:15 p.m. WILL BIARD, MAYOR JANICE ELLIS, CITY CLERK 9 To: City Council, City of Paris From: Karol Lyn Moore Re: New Sidewalk Grant Paris City Officials, As a business owner, property owner and citizen of Paris, Texas, I would like to express my gratitude for the new sidewalks and lamp posts lining our streets on Lamar Avenue. Many customers and citizens have commented positively on the dramatic difference in appearance the improvements have made to our area of downtown. During the project, Cheri Bedford kept us informed with start date, projected completion, and stopped in to check on us as business owners. David Daniel was available as well, and helped me personally with any questions I had on the project. Stephens Concrete made the process accessible by moving platforms for our customers in the midst of the concrete removal phase. Thank you again to all who were involved from start to finish as it has been a noticeable improvement to downtown. Karol Lyn Moore SoHo 133 Lamar Ave Paris, Texas 75460 Exhibit "A" 10