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.
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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
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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.
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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.
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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.
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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
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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.
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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
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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"
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