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05-Council Minutes from 10/11/10 CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 10/18/2010 Council Date: City Clerk Janice Ellis 5. 10/25/2010 RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE(S): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meeting of October 11, 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 YTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ® Administration ® City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris 000 Revised 2/04/08 1, 1 MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS October 11, 2010 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, October 11, 2010, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Will Biard Council Members: 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; Steve McFadden, Interim Public Works Director; Shawn Napier, City Engineer; Kent Klinkerman, EMS Director; Doug Harris, Utilities Director; and Priscilla McAnally, Library Director Absent: Council Member Joe McCarthy Opening Agenda 1. Call meeting to order. Mayor Biard called the meeting to order at 5:31 p.m. 2. Invocation. Major Tex Ellis gave the invocation. 3. Pledge of Allegiance. Council Member John Wright led the pledge. 4. Citizens' forum. Mike Womack, president for the Gypsy Motorcycle Club, Sumner, Texas - he presented "share the road" motorcycle awareness signs for placement on the main entryways into the City. Dr. Michael Lewis, 1930 Silverleaf - spoke in support of Kevin Carruth and retaining him as City Manager. He said it was a bad policy to trade city managers every year. - 00021 Regular Council Meeting October 11, 2010 Page 2 Jo Ann Parkman, 935 Wilburn - spoke in support of Kevin Carruth and retaining him as City Manager. She expressed concern about the City's reputation of not being able to get and keep city employees. Bob Bush, 507 CR 32050, Brookston, Texas - spoke in support of Kevin Carruth and retaining him as City Manager. Candace White, 319 S.W.-7th - expressed concern about speeding motorists on her street. Dane Lair, 3055 Aspen - spoke in support of Kevin Carruth and retaining him as City Manager. He said that in his opinion Mr. Carruth was an outstanding manager and that Council needed to work with him in solving their problems. Linda Lair, 3055 Aspen - spoke in support of Kevin Carruth and retaining him as City Manager. Mary Campbell, 2552 Clark Lane - spoke in support of Kevin Carruth and retaining him as City Manager. She said that Mr. Carruth had made Paris, Texas a better place to live. Beth Vandever, 2720 Culbertson - spoke about a drainage problem that resulted in the flooding of her house. Kenneth Rogers, 3115 Stacy Lane - he said he thought that Council Member McCarthy, who was absent, should have a voice in the City Manager issue. He said the last time the City Council decided to terminate a City Manager, that they ignored the voices of the citizens. He said that Council should work together to resolve problems. Don Shelton, 831 E. Price - he spoke in opposition of keeping Kevin Carruth as City Manager and said that they should get rid of the city manager, city attorney and city engineer. Patsy Carcuffe, 315 York St. - he spoke about a drainage problem in the York Addition. Shawn Simons, 319 S.W. 7th - he applauded everyone. Vic Ressler, 4025 Holbrook - he said that the City was so understaffed that none of the employees could keep up. He also said that as long as there was a revolving door of employees, nothing would ever change. He spoke in support of keeping Kevin Carruth and retaining the other city employees. Jesse James Freelen, 115 45th S.W. - he said that he had worked with Kevin Carruth for a number of years and found him to be honest. He urged Council not to fire the City Manager, but instead hire a public information officer to take some of the load off of Mr. Carruth. Mindy Moree, Chamber Director, 525-26th S.E. - she said that she, Mr. Carruth and the EDC Director Steve Gilbert had worked very hard in the last year rebuilding morale throughout 0003 Regular Council Meeting October 11, 2010 Page 3 the City. She said that the tennination of Kevin Carruth would set them back, so she encouraged Council to retain Mr. Carruth as City Manager. She said they needed to work together as a group to move forward with one vision. Dr. Geoffrey Grubb - he said that Dr. Amanda Green's letter was a summation of his feelings. He spoke in support of retaining Kevin Carruth as City Manager and expressed concern about the cost of replacing him. Roger Patel, 3755 N.E. Loop 286 - he urged the City Council to wait until the full Council was present to consider the item regarding the City Manager. He said there were a lot of people at the meeting waiting to see if the right thing happens. Mr. Patel spoke in support of retaining Kevin Carruth as City Manager. Tim Bullock, 4025 Dawn - he urged Council not to make any decisions regarding the City Manager, without all Council Members present. Mr. Bullock spoke in support of retaining Kevin Carruth as City Manager. Consent Agenda Mayor Biard inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. There were none. A Motion to approve the Consent Agenda was made by Council Member Rhonda Rogers and seconded by Council Member Pickle. The Council voted six (6) for and none (0) opposed to approve and adopt Consent Agenda Items 5, and 6. 5. Deliberate and act on the approval of minutes from the meeting on September 27, 2010. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Historic Preservation Commission minutes (8-23-2010) b. Planning & Zoning Commission minutes (9-7-2010) c. Board of Adjustment minutes (8-3-10) Reeular Agenda 7. Deliberate and possibly act on the Preliminary Plat and Final Plat of Lot 1, Block A, Martin Addition 331, located in the 3700 Block of Bonham Street. A Motion to approve the Preliminary Plat and the Final Plat was made by Council Member Brown and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. 8. Deliberate and possibly act on a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND ACCEPTING A PROPOSAL FOR 000, Regular Council Meeting October 11, 2010 Page 4 ENVIRONMENTAL ENGINEERING SERVICES FROM TERRACON CONSULTANTS, INC. FOR THE GRAND THEATRE PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Council discussed the cost of this service and after determining that there would not be an estimate of the project until Terracon could go into the building for an assessment, Council did not take action on this item. It was a consensus of the City Council to allow Terracon access to the building in order to get a cost estimate of the job and to bring this item back to the next Council meeting. 9. Deliberate and possibly act on RESOLUTION NO. 2010-100: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING FINAL PAYMENT AND CLOSING THE CONTRACT FOR THE LAKE CROOK FISHING PIER CONSTRUCTION PROJECT, TO BOBBY SMALLWOOD CONSTRUCTION; MAKING OTHER FINDINGS AND PROVIDIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Shawn Napier told City Council that a change order was not necessary on this item. A Motion to approve this item was made by Council Member Rhonda Rogers and seconded by Council Member Jason Rogers. Motion carried, 6 ayes - 0 nays. 10. Convene into Executive Session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee as follows: Evaluation and discussion of the retention, suspension, or termination of the City Manager. Mayor Biard attempted to convene City Council into Executive Session at 6:28 p.m. Council Member Rogers made a Motion to table this item until all seven Council Members were present and Council Member Jason Rogers seconded the Motion. Council Members discussed at length as to whether or not to proceed with an absent Council Member. Council Member Pickle said that they would not vote at this meeting, but wanted to start the process according to the Charter requirements. Mayor Biard called for a vote on the Motion. Motion failed, 2 ayes - 4 nays, with Council Members Pickle, Wright, Brown, and Mayor Biard casting the dissenting votes. Mayor Biard convened City Council into Executive Session at 6:34 p.m. 11. Reconvene into open session to possibly deliberate and/or act on the retention, suspension, or termination of the City Manager and those matters discussed in Executive Session. Mayor Biard reconvened City Council into open session at 7:44 p.m. A Motion to table this item until all Council Members could be present for the October 25th meeting was made by Council Member Jason Rogers and seconded by Council Member Rhonda Rogers. Motion carried, 6 ayes - 0 nays. 0005 Regular Council Meeting October 11, 2010 Page 5 12. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Everyone was reminded of the upcoming political forum scheduled for October 14t" at 6:00 p.m. at the Love Civic Center and a Chamber of Commerce ribbon cutting at Green Boutique on October 12. 13. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Jason Rogers. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 7:45 p.m. WILL BIARD, MAYOR JANICE ELLIS, CITY CLERK