06-Approve minutes 11/8/10 meetingCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
11/10/2010
Council Date:
11 /22/2010
Originating Department:
City Clerk
Presented By:
Janice Ellis
Agenda Item No.:
6.
RECOMMENDED MOTION:
Motion to approve as presented.
POLICY ISSUE(S):
Approval of Official Record of Council.
BACKGROUND:
Council Minutes from the meeting of November 8, 2010.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
The attached minutes from the meeting
ACTION:
BUDGET INFO:
F-]Financial Report E 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 E City Clerk ❑ Communiry Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris ~ Revised 2/04/08
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MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
November 8, 2010
The City Council of the City of Paris inet for a regular session at 5:30 p.in. on Monday,
November 8, 2010, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas.
Present: Mayor: Will Biard
Council Members: Jason Rogers; Joe McCarthy; John Wright; Stephen
Brown; Edwin Pickle; and Rhonda Rogers
City Staff: Kevin Carruth, City Manager; Kent McIlyar, City
Attorney; Janice Ellis, City C1erk; Randy Tuttle,
Assistant 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 Directar; and
Priscilla McAnally, Library Director
OpeninS Agenda
1. Call meeting to order.
Mayor Biard called the meeting to arder at 5:32 p.m.
2. Invocation.
Pastor Van Lazaroff gave the invocation.
3. Pledge of Allegiance.
Council Member Rhonda Rogers led the pledge.
Mayor Biard said that Council had been asked to move item 19(a) up on the Agenda,
because there was a scheduling conflict.
A Motion to move item 19(a) forward was made by Council Member Pickle and
seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays.
19. 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 pending or
conteinplated litigation and/or on matters in which the duty of an attorney to his client
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Regular Council Meeting
November 8, 2010
Page 2
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas,
clearly conflict with this chapter, to-wit:
• Ranger Abbott vs. City of Paris, Texas, et al; Cause No. 79627; in the 62°d
Judicial District Court of Lamar County, Texas; and
• Ranger Abbott vs. City of Paris, Texas; Cause No. 79683; in the 62"d Judicial
District Court of Lamar Gounty, Texas.
Mayor Biard convened City Council into executive session at 5:35 pan. and reconvened
City Council into open session at 5:48 p.m. Mayor Biard said there was no action to be taken at
that time.
4. Citizens' forum.
Linda Christian, 3305 Ridgeview Road - she spoke on behalf of two-hundred families
and asked that the Council place an item on the Agenda regarding the loud noise coming from
Buffalo Joes and Crosswire.
Bobbie Kirtley, 1065 N.E. 34"' Street - she complained about the loud drum base coming
from Buffalo Joes and Crosswire.
Josh Bray, Sanitation Solutions - he referenced item 17 and said that Sanitation Solutions
could save the City in an excess of $100,000 annually. He offered a month-to-month landfill
agreement placing emphasis on a savings of $13,000 a month to the City.
Harold Kirtley, 1065 N.E. 34`h Street - he said the citizens expected something to be
done about the offensive noise coming from Buffalo Joes and Crosswire. He said the noise
sometimes goes on from 6:00 p.m. until 2:00 a.m.
Dawn Hope, 3315 Ridgeview - she said she lives behind Buffalo Joes and the noise is a
problem.
Robert Brunson, 2598 Clark Lane - he said that in the past he had probleins with Mr.
Carruth returning phone calls, but he knew that Mr. Carruth had a difticult job. Mr. Brunson
urged Council to work out their differences with Mr. Carruth, because it was not good for the
City of Paris to have so many changes.
Consent Ap-enda
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 McCarthy and
seconded by Council Member Wright. The Council voted seven (7) for and none (0) opposed to
approve and adopt Consent Agenda Items 5& 6.
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Regular Council Meeting
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Page 3
5. Deliberate and act on the approval of minutes from the meeting on October 25, 2010.
6. Receive and deliberate on reports and/or minutes from the following boards,
commissions, and committees:
a. Paris Public Library Advisory Board minutes (9-15-10)
b. Traffic Commission minutes (10-20-10)
Regular Agenda
7. Public hearing, deliberate, and act on AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PARIS, TEXAS, ADDING A NEW CHAPTER 35, WRECKER
TOWING, AND STORAGE FACILITIES TO THE CITY OF PARIS, REGULATING
PROCEDURES AND POLIGIES PERTAINING TO THE OPERATIONS OF
WRECKER, TOWING, AND STORAGE FACILITIES IN THE CITY OF PARIS,
TEXAS; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT, MAKING THIS ORDINANCE CUMULATIVE OF STATE AND
FEDERAL LAWS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; PROVIDING A REPEALER GLAUSE, A SEVERABILITY CLAUSE,
A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
Mayor Biard opened the public hearing and asked for anyone wishing to speak in support
of this item, to please come forward. No one spoke. Mayor Biard asked for anyone wishing to
speak in opposition to this item, to please come forward. With no one speaking, Mayor Biard
closed the public hearing.
Staff recommended tabling this matter to allow for conduction of a fee study.
A Motion to table this item was made by Council Member Rhonda Rogers and seconded
by Council Member Pickle. Motian carried, 7 ayes - 0 nays.
8. Second reading and deliberate on an ORDINANCE OF THE CITY COUNCIL OF THE
CITY PARIS, TEXAS, GRANTING TO STEVE B. RANEY AND WENDY L.
RANEY, DBA YELLOW CAB COMPANY, AN EXTENSION OF AN EXISTING
FRANCNISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF
THE CITY OF PAR1S FOR THE FURPOSE OF TRANSPORTING PASSENGERS
FOR HIRE IN MOTOR VEHICLES FOR A PERIOD OF ONE (l) YEAR,
BEGINNING JANUARY 2011 AND ENDING DECEMBER 31, 2011, UPON THE
TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE
REGULATION OF SA1D BUSINESS; PROVIDING FOR THE PAYMENT OF A
FRANCHISE FEE FOR SUCH PRIVILEGE AND USE OF SUCH STREETS,
ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH
GRANT UPON SPECIFICED CONDITIONS; PROVIDING FOR MINI1VlUM
LIABILITY INSURANCE REQUIREMENTS FOR GRANTEE; PROVIDING FOR
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THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR
EQUIPNIENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AN
EFFECTIVE DATE.
A Motion to combine the second reading of items 8, 9, and 10 was made by
Council Member Pickle and seconded by Council Member Wright. Motion carried, 7
ayes - 0 nays.
9. Second reading and deliberate an an ORDINANCE OF THE CITY COUNCIL OF THE
CITY PARIS, TEXAS, GRANTING TO STEVE B. RANEY AND WENDY L.
RANEY, DBA CITY CAB COMPANY, AN EXTENSION OF AN EXISTING
FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF
THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS
FOR HIRE IN MOTOR VEHICLES FOR A PERIOD OF ONE (1) YEAR,
BEGINNTNG JANUARY 1, 2011 AND ENDING DECEMBER 31, 2011, UPON THE
TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE
REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A
FRANCHISE FEE FOR SUCH PRIVILEGE AND USE OF SUCH STREETS,
ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH
GRANT UPON SPECIFICED CONDITIONS; PROVIDING FOR MINIMUM
LIABILITY INSURANCE REQUIREMENTS FOR GRANTEE; PROVIDING FOR
THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR
EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AN
EFFECTIVE DATE.
10. Second reading and deliberate on an ORDINANCE OF THE CITY COLTNCIL OF THE
CITY PARIS, TEXAS, GRANTING TO DAVID THOMPSON DB/A LONE STAR
CAB COMPANY, AN EXTENSION OF AN EXISTING FRANCHISE TO USE THE
PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR
THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE IN MOTOR
VEHICLES FOR A PERIOD OF ONE (1) YEAR, BEGINNING JANUARY l, 2011
AND ENDING DECEMBER 31, 2011, UPON THE TERMS AND CONDITIONS
HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SA1D
BUSINESS; PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE FOR SUCH
PRNILEGE AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS;
PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFICED
CONDITIONS; PROVIDING FOR MINIMUM LIABILITY INSURANCE
REQUIREMENTS FOR GRANTEE; PROVIDING FOR THE SUPERVISION OF
SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE
OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AN EFFECTIVE DATE.
11. Second reading, deliberate and possibly act on AN ORDINANCE OF THE C1TY
COUNCIL OF THE CITY OF PARIS, TEXAS, ENACTING A NEW ARTICLE IV,
FIRE AND RESCUE SERVICE FEES TO CHAPTER 12 OF THE CODE OF
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ORDINANCES OF THE CITY OF PARIS, TEXAS; PROVIDING FOR THE
COLLECTION OF FEES AND COSTS FOR SERVTCES RENDERED AT VEHICLE
FIRES, VEHICLE AGCIDENTS, HAZARDOUS WASTE SPILLS AND RESCUE
INCIDENTS; 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 Brown inquired if the City would be billing only insurance companies
for those who live outside the City. Chief Grooms answered in the affinnative. Council Melnber
Rhonda Rogers said that language should be included in the ordinance and resolution and would
like this to be brought back to Council.
A Motion to table the item was made by Council Member Rhonda Rogers and seconded
by Council Member McCarthy. Motion carried, 7 ayes - 0 nays.
12. Deliberate and possibly act on A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION
OF AN AGREEMENT BETWEEN THE C1TY OF PARIS FIRE DEPARTMENT AND
REVENUE RESCUE, INC. FOR THE COLLECTION OF FEES AND COSTS FOR
SERVICES RENDERED AT VEHIGLE FIRES, VEHICLE ACCIDENTS,
HAZARDOUS WASTE SPILLS AND RESCUE INCIDENTS; MAKING OTHER
FINDINGS AND PROVISIONS RELATED THE SUBJECT; AND PROVIDING AN
EFFECTIVE DATE.
A Motion to table 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. 2010-112: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE
CONTRACT WITH THE CHAMBER OF COMMERCE OF LAMAR COUNTY, INC.
TO MAINTAIN THE VISITORS & CONVENTION COUNCIL FOR THE PURPOSE
OF MANAGING THE MUNICIPAL HOTEL OCCUPANCY TAX FUND TO
PROMOTE TOURISM AND THE CONVENTION AND HOTEL INDUSTRY IN THE
CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
A Motion to bring this item from the table was made by Council Member Rhonda Rogers
and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays.
Council Member Rogers reguested the following three changes to the Ageement: 1)
page 2, item #3, on the third line, after the words "City Manager" insert the words "and the Gity
Council"; 2) page 3, item #9, on the second line, between the words "report" and "ofl' insert the
words "to the City Council"; 3) page 3, item #15, on the second line, delete the word
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automatically. Gouncil Member Rogers suggested that the Council review the Agreement on an
annual basis.
Subject to the above-referenced changes, 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.
14. Deliberate and possibly act on RESOLUTION NO. 2010-113: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE
EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF PARIS AND
PARIS R/C ASSOCIATION TO LEASE 3.673 ACRES OF LAND NEAR LAKE
GIBBONS FOR THE PURPOSE OF MODEL AERONAUTICS ACTIVITIES;
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 Brown and seconded by
Council Member Pickle. Motion carried, ? ayes - 0 nays.
15. Deliberate and possibly act on RESOLUTION NO. 2010-114: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE
MAYOR TO ACQUIRE A 0.9585-ACRE TRACT OF LAND FROM UNION PACFIC
RAILROAD FOR THE WEST EXTENSION OF THE PROPERTY KNOWN AS
TRAIL DE PARIS FROM 13TH STREET SE WEST TO 8T" STREET SE;
AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS
NECESSARY FOR ACQUISITION; 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 Wright. Motion carried, 7 ayes - 0 nays.
16. Deliberate and possibly act on authorizing funding for the Bywaters Park Peristyle
restoration project.
ln addition to what was contained in the briefing sheet, Council Member Pickle said KPB
had committed $10,000 to this project. Council Member Pickle said they had been applying for
grants for over a year and without success. Mayor Biard said that staff had applied for another
grant last week and gone out for bids. Council Member Pickle said he wanted to move forward
with this project, while the Mayor and other Counci] Members expressed a need to see what the
bids reveal and if the grant is awarded to the City. City Engineer Shawn Napier said bids would
be opened on December 7`h. Grant writer Kim Lacey told the Council if work begins prior to
being awarded the grant, that they would not receive any grant funds. It was a consensus of the
Gouncil to postpone this item until the December 13`h meeting.
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17. Deliberate and possibly act on establishing a sanitation RFP review committee and/or
selecting a provider for landfill services and a provider for residential collection services.
Council Member MeCarthy recommended that Mayor Biard, Council Member Rhonda
Rogers and Council Member Jason Rogers serve on the cointnittee. Mayor Biard preferred that
Council conduct a work session to deliberate on residential collection services, but said he did
not have a problem going month-to-month with a landfill provider until further review. Couneil
Member Jason Rogers said he would like an opportunity to discuss a11 options prior to making
any decisions. Council Member Rhonda Rogers and Council Member McCarthy agreed.
Council Member Brown said he was ready to start saving the taxpayers $13,000.00 a month and
made a Mation to approve the landfill services with Sanitation Solutions on a month-to-month
basis. Mayor Biard said they were reyuired to give Waste Management thirty days written
notice pursuant to their Agreement. Council Member Brown said it would be January 1, 2011
before they could start the service for the landfill with Sanitation Solutions. Council Member
Jason Rogers reiterated he wanted to wait until further study and discussion. Mayor Biard
suggested they engage the services of Sanitation Solutions on a month-to-month basis for
landfill services only, pendijlg further review and prior to making a long ternl decision. Council
Member Wright seconded the Motion to approve a month-to-month agreement with Sanitation
Solutions for landfill services. Motion carried, 4 ayes - 3 nays, with Council Member Rhonda
Rogers, Council Member Jason Rogers, and Council Member McCarthy casting the dissenting
votes. It was a consensus of the City Council to schedule a workshop session for Monday,
November 15ih at 5:30 p.m. Council Member McCarthy said he wanted to make sure that the
public was aware of the meeting. Mayor Biard said they should receive citizen input, as well as
input from the bidders.
18. Deliberate and possibly act on meeting dates for November and December.
It was a consensus of the City Council to have their regular scheduled meetings on
November 22"d and December 13"', but eancel the December 27`h ineeting.
19. Convene into Executive Session:
(b) Pursuant to Section 551.074 of the Texas Governinent 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 recessed City Council at 6:52 for a five minute recess and then convened
Gouncil into executive session.
20. Reconvene into open session and possibly discuss and/or act on matters discussed in
executive session.
Mayor Biard reconvened City Council into open session at 7:18 pan. and moved to item
21.
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2l . Deliberate and act on a request for the resignation of the Gity Manager.
A Motion to table this item was made by Mayor Biard and seconded by Council Member
McCarthy. Motion carried, 7 ayes - 0 nays.
22. Deliberate and act on A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, REQUESTING THE RESIGNATION OF THE CITY MANAGER, OR
IN THE ALTERNATIVE, SUSPENDING AND PROPOSING THE REMOVAL OF
KEVIN CARRUTH FROM F-IIS POSITION AS CITY MANAGER AND
DESIGNATING A QUALIFIED PERSON TO SERVE IN THE CAPACITY OF
INTERIM CITY MANAGER; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
In response to contact by Mr. Carruth's attorney, Mayor Biard made a Motion that
Council authorize the Mayor, and the City Attorney to engage outside counsel to negotiate with
Mr. Camrth and his attorney. The Motion was seconded by Council Member McCarthy. Motion
carried, 7 ayes - 0 nays.
23. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004-081.
Council reminded everyone of the following events: Holiday in Paris Annual Christmas
Banquet on December 10`" at St. Paul Baptist Church beginning at 7:00 p.m.; Paris Diversity
Task Force Dinner on November 1 l`h at 6:00 p.m.; ribbon cutting at Modern Auto Body on
November 9`h at 10:00 a.m.; and Community Wide Veterans Day Celebration at the Love Civic
Center on November l l`h beginning at 3:00 p.m.
24. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member
McCarthy and was seconded by Council Meinber Jason Rogers. Motion carried, 7 ayes - 0 nays.
The meeting was adjourned at 7:34 p.in.
WILL BIARD, MAYOR
JANICE ELLIS, CITY CLERK
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