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05-Council Minutes from December 13, 2010 Meeting CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 12/01/2010 Council Date: City Clerk Janice Ellis 5. 01/10/2011 RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE(S): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meeting of December 13, 2010. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meetings 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 Revised 2/04/08 MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS December 13, 2010 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, December 13, 2010, at the City Council Chamber, 107 E. Kaufman, 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 Clerk; Gene Anderson, Finance Director; Bob Hundley, Police Chief, Shawn Napier, City Engineer; Ronnie Grooms, Fire Chief; and Steve McFadden, Interim Public Works Director Opening Agenda 1. Call meeting to order. Mayor Biard called the meeting to order at 5:32 p.m. 2. Invocation. Pastor Paul Derringer gave the invocation. 3. Pledge of Allegiance. Council Member Jason Rogers led the pledge. 4. Citizens' forum. Denny Head, Executive Director for Paris Housing Authority - on behalf of the citizens of Booker T. Washington Homes, asked the City Council to declare a nearby club a nuisance, close it down, and provide security for the citizens residing in the housing addition. Chief Bob Hundley - he said that the Police Department was working with the Texas Attorney General's Office on a project that would possibly allow for a retired police officer to provide security at BTW Homes. 2 Regular Council Meeting December 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. There were none. A Motion to approve the Consent Agenda was made by Council Member Pickle 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. 5. Deliberate and act on the approval of minutes from the meetings on November 15, 2010 and November 22, 2010. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Paris Visitors and Convention Council (6-15-10; 11-19-10) b. Paris Board of Adjustment (10-5-10) c. Paris Economic Development Corporation (10-19-10) d. Paris Public Library Advisory Board (10-20-10) e. Paris Historic Preservation Commission (10-25-10; 11-10-10) 7. Deliberate on ditch maintenance report. 8. Deliberate and act on RESOLUTION NO. 2010-117: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE EXECUTION OF AN APPLICATION FOR A TEXAS PARKS & WILDLIFE RECREATIONAL TRAILS GRANT FOR EXTENDING THE TRAIL DE PARIS FROM 8TH STREET SE ALONG THE RAILROAD CORRIDOR WEST TO 1sT STREET SW AND FROM 1 ST SW THE ROUTE WILL FOLLOW ALONG THE SOUTHSIDE OF THE HEARNE STREET RIGHT-OF-WAY TO 4TH STREET SW; AUTHORIZING THE EXPENDITURE OF FUNDS; ACCEPTING SAID GRANT AWARD UPON NOTICE THEREOF; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Regular Agenda 9. Public hearing, deliberate, and act on RESOLUTION NO. 2010-118: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE EXECUTION OF A SOFTBALL FIELD USE AGREEMENT WITH PARIS JUNIOR COLLEGE FOR PARIS JUNIOR COLLEGE'S USE OF SOFTBALL FIELD NO. 4 AT THE CITY SPORTS COMPLEX; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 3 Regular Council Meeting December 13, 2010 Page 3 Mayor Biard opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. Dr. Pam Anglin said that on February 23, 2003, Paris Junior College (PJC) donated 94.04 acres of land to the City of Paris for the City's use in developing a Sports Complex. Dr. Anglin explained that PJC did not have a softball field on campus, and their women's softball team needed a designated field that they could have first priority for practices, games and tournaments from the middle of August through the middle of May each year. Dr. Anglin also said that PJC was willing to make certain improvements and to assume annual maintenance and upkeep for Field No. 4 at the Sports Complex in return for the City giving PJC first right of usage of Field No. 4 from mid-August through mid-May. Mayor Biard asked for anyone wishing to speak in opposition to this item, to please come forward. With no one else speaking, Mayor Biard closed the public hearing. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. A Motion to bring items 22 and 23 forward was made by Council Member Brown and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. 22. Convene into Executive Session: • Pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property. • 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, to wit: the City Manager. Mayor Biard convened City Council into Executive Session at 5:43 p.m. 23. Reconvene into open session, deliberate and possibly act on RESOLUTION NO. 2010- 125: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A RENEWAL LEASE AGREEMENT WITH LOYD BARROW AND SYBIL BARROW CONSISTING OF APPROXIMATELY 170 ACRES TO BE USED FOR LAND APPLICATION OF SEWAGE SLUDGE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mayor Biard reconvened City Council into Open Session at 6:27 p.m. A Motion to approve the renewal lease agreement with Lloyd Barrow and Sybil Barrow was made by Council Member Rhonda Rogers and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. No action was taken on the personnel item. Mayor Biard moved to item 10. Regular Council Meeting December 13, 2010 Page 4 10. Deliberate and act on the Preliminary Plat, the Final Plat, and a curb and gutter variance request on Lot 1, Block A, McClendon Addition CB 305, located at 2690 Campbell Street. A Motion to approve this item was made by Council Member Brown and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. 11. Deliberate on proposals received for landfill services and residential collection services. Interim Public Works Director Steve McFadden and Supervisor Ed Wayne Samis gave a presentation on the current sanitation operations. Mr. Samis outlined the services that should be considered in the event of privatization, which included weekly illegal dumping removal, weekly tree brush removal; assist in large animal removal as needed, weekly residential bulk removal, and the use of non-collector sanitation employees for use in Traffic Control. Mr. Samis said the Traffic Division areas of operation were sign design and fabrication, field sign installation and maintenance, pavement and curb marking operations, right-of-way delineation, fleet graphics and lettering, traffic data collection, intersection vegetation clearing, and Federal Highway Administration Mandates for 2012, 2015, and 2018. Mr. McFadden said sanitation concerns were what would happen to these services if privatized. Council Member Rhonda Rogers inquired of Sanitation Solutions and Waste Management about these services. Mr. Bray of Sanitation Solutions said they had included the fees for these services in their proposal. Mr. Sims of Waste Management said their proposal did not include illegal dumping. Both expressed their rates were the same rate as the City's for collecting large brush stops and for collection of large bulk stops from residential curbside. Also addressed were the sweeper services. Mr. Sims said their proposal included a fee for this service. Mr. Bray said it was included in their proposal. With regard to after hour calls, Mr. Bray and Mr. Sims said those calls would be taken care of the next day. Mr. McFadden said that personnel reduction in the Traffic Divisions would create safety issues when work was performed on streets/roadways. He said the use of employees from other divisions would reduce service level in those areas. Mr. McFadden proposed restructure of the traffic supervisor position with additional duties and retaining two non-collector sanitation employees, in the event of privatization. Council Member Pickle said that he had prepared a spreadsheet and had spoken with Waste Management and Sanitation Solutions. He also said that both companies had not the seen the other company's numbers, but had seen their own numbers and were comfortable with their numbers. Council Member Rhonda Rogers said the spreadsheet did not include the three employees discussed. Council Member Pickle said there was enough money to take care of the three employees. City Council did not take action on this item. Regular Council Meeting December 13, 2010 Page 5 12. Third reading, deliberate, and act on ORDINANCE NO. 2010-045: 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 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 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. A Motion to combine the third reading of items 12, 13, and 14 was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. A Motion to approve items 12, 13, and 14 was made by Council Member Rhonda Rogers and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. 13. Third reading, deliberate, and act on ORDINANCE NO. 2010-046: 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, BEGINNING 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. 14. Third reading, deliberate, and act on ORDINANCE NO. 2010-047: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY PARIS, TEXAS, GRANTING TO DAVID THOMPSON D/B/A LONE STAR CAB COMPANY, AN EXTENSION OF AN EXISTING FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND 6 Regular Council Meeting December 13, 2010 Page 6 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 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. 15. Deliberate and possibly act on RESOLUTION NO. 2010-119: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE BID AND AWARDING THE CONTRACT FOR THE STILLHOUSE ROAD WIDENING - PHASE I, LEVI LANE TO LEWIS LANE TO RICHARD DRAKE 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 remove this item from the table was made by Council Member McCarthy and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. City Council discussed the cost with and without curb and gutter. Council Member Brown said having curb and gutter would extend the life of the street. Council Member Rhonda Rogers left the meeting at 7:58 p.m. Kevin Carruth inquired about the overlay. Shawn Napier said the project would cost $172,111 without street overlay and that the city street department could do the overlay in summer during routine maintenance. A Motion to approve this item was made by Council Member Brown and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. 16. Deliberate and possibly act on RESOLUTION NO. 2010-120: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING FINAL PAYMENT AND CLOSING THE CONTRACT FOR THE SMITH CREEK BRIDGE REPLACEMENT PROJECT, TO SPANN CONCRETE CONSTRUCTION, LLC; 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 Pickle and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. 7 Regular Council Meeting December 13, 2010 Page 7 17. Deliberate and possibly act on RESOLUTION NO. 2010-121: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AN AGREEMENT WITH PARIS LIVING FOR ADMINISTRATION OF THE HOMEBUYER ASSISTANT PROGRAM FUNDED THROUGH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS; AUTHORIZING THE CITY MANAGER OT NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS; 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. Council Member Rhonda Rogers returned to the meeting at 8:02 p.m. 18. Deliberate and possibly act on RESOLUTION NO. 2010-122: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING A MEMBER TO THE MAIN STREET ADVISORY BOARD TO SERVE THE UNEXPIRED TERM OF WENDY HILDRETH SINGER, WHICH EXPIRES ON APRIL 30,2012; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Council Member Rhonda Rogers stated that she would like more publicity on the City taking applications for this vacant position. Council Member Jason Rogers agreed with Council Member Rhonda Rogers. Council Member Pickle said Dustin Lindsey had expressed an interest in the board and had been attending most of their meetings. A Motion to appoint Dustin Lindsey to the Main Street Advisory Board was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 4 ayes - 3 nays, with Council Member Joe McCarthy, Council Member Jason Rogers and Council Member Rhonda Rogers casting the dissenting votes. 19. Deliberate and possibly act on RESOLUTION NO. 2010-123: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CONFIRMING THE APPOINTMENT OF HERBERT PRESTON AS A MEMBER OF THE FIRE FIGHTERS' AND POLICE OFFICERS' CIVIL SERVICE COMMISSION OF THE CITY OF PARIS; 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 McCarthy and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. Regular Council Meeting December 13, 2010 Page 8 20. Deliberate and possibly act on RESOLUTION NO. 2010-124: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF AN AIRPORT PROJECT PARTICIPATION AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION AVIATION TO APPLY FOR FEDERAL FUNDING FOR IMPROVEMENTS AT COX FIELD AIRPORT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Shawn Napier explained that the proposed agreement was for engineering services related to airfield improvements, which included crack sealing runway 14-32, taxiways A-1, BC and apron, asphalt overlay of parallel taxiway A and reconstructions of the headwall and culvert at the terminal building. Mr. Napier said the design fee is approximately $145,000 and the federal financial assistance would pay for ninety percent of the project cost, with the City's ten percent match totaling $14,500. A Motion to approve this item was made by Council Member Brown and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. 21. Deliberate the employment of consultants to assist in redistricting. Mayor Biard said that he, Kevin Carruth, Kent McIlyar, Paul Trull and Dr. Anglin met with Mike Morrison of Gwinn and Morrison. Mayor Biard also said that the City, PISD and PJC were going to try to utilize the same firm to share the costs. Mayor Biard recommended engaging the firm to assist the City during the redistricting process. Council Member Rhonda Rogers inquired about the cost. Mayor Biard said their fee was approximately $20,000 to $25,000. Kevin Carruth said the cost would depend on whether or not the lines are going to be redrawn. Council Member Pickle asked if they should get the County involved in this process. Mayor Biard said he would call Judge Superville. Mayor Biard asked Council if they were okay having the City Attorney contact Gwinn and Morrison in order to get an agreement and bring back to Council. It was a consensus to do so. City Attorney Kent McIlyar presented copies of the proposal to Council and brought to their attention page four, which reflected a timeline. 24. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Council Member McCarthy reminded everyone that he and Council Member Rhonda Rogers would be attending the COG meeting on Thursday in Atlanta, Texas. Mayor Biard scheduled a special meeting for December 20th at 5:30 to consider ratification and approval of a month-to-month landfill contract; funding for the Peristyle Project; and the City Manager item. 25. Adjournment. There being no further business, a Motion to adjourn was made by Council Member McCarthy and was seconded by Council Member Jason Rogers. Motion carried, 7 ayes - 0 nays. The meeting was adjourned at 8:16 p.m. Regular Council Meeting December 13, 2010 Page 9 WILL BIARD, MAYOR JANICE ELLIS, CITY CLERK 10