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05-Council Minutes from the meeting of July 13, 2009CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 07/20/09 Council Date: 07/27/09 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 July 13, 2009 BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meeting of July 13, 2009 ACTION: BUDGET INFO: ❑ Financial Report ~ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris 0r~ n00-7 Revised 2/04/08 ~ U l1 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS July 13, 2009 The City Council of the City of Paris met for a regular session at 5:35 P.M. on Monday, July 13, 2009, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Joe McCarthy; Kevin Kear; Stephen Brown; Will Biard; Edwin Pickle; and Rhonda Rogers City Staff: Kevin Carruth, City Manager; Kent McIlyar, City Attorney; Janice E11is, City Clerk; Ronnie Grooms, Fire Chief; Doug Harris, Director of Utilities; Shawn Napier, Engineer; and Bob Hundley, lnterim Police Chief Opening Agenda 1. Call meeting to order. Mayor Freelen called the meeting to order at 5:35 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Biard led the pledge. 4. Citizens' forum. Claire Haslam, 3165 Stacy Lane - she asked for assistance for SAFE T Outreach, who provides victim services. Richard Lee, 406 S. Main - he asked that existing businesses be grandfathered under the proposed 2006 International Fire Code. Consent Agenda Mayor Freelen inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Council Member Pickle asked that item 7 be pulled out for discussion. m 0 0 (i11 pi: Regular City Council Meeting July 13, 2009 Page 2 7. Deliberate and act on a resolution closing out the contract with Intercon Construction Gompany, Inc. for demolition of Casa Bonita Apartments and authorizing the City Manager to negotiate and execute all necessary docuinents. Council Member Brown said there were still several pieces of concrete and bricks in places. Mayor Freelen asked Shawn Napier to check the contract with regard to clean-up of any remaining concrete and get back to Council. Council Member Kear made a Motion to approve the Consent Agenda and Council Member Rogers seconded the Motion. The Council voted seven (7) 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 from the meeting on June 22, 2009. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Paris Municipal Band (2-12-09) b. Paris Visitors & Convention Council (2-25-09) c. Historic Preservation Commission (4-8-09, 5-26-09) d. Building and Standards Commission (4-20-09) e. Paris Public Library Advisory Board (5-20-09) f. Airport Advisory Board (5-21-09) g. Lake Pat Mayse Study Committee (5-28-09) 8. RESOLUTION NO. 2009-068: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; DESIGNATING THE AUTHORIZED CITY SIGNATORIES TD APPROVE DRAW DOWN REQUESTS FROM THE OFFICE OF RURAL COMMUNITY AFFAIRS FOR ALL OF THE CITY OF PARIS' TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROJECTS. 9. Deliberate on drainage ditch maintenance report. 10. Report on TxDOT 2009 CIP funded Airport Master Plan. Reg,ular Agenda 11. Hear and deliberate on report from the Lake Pat Mayse Study Committee. Chairman Reeves Hayter and Vice-Chairman Dennis Chalaire presented Council with the Lake Pat Mayse Study Committee Report. Council directed staff to bring this item back at another meeting G1U(ailpo" Regular City Council Meeting July 13, 2009 Page 3 for further discussion and action. 12. Hear and deliberate on presentations from non-profit agencies requesting FY 2009-2010 funding. City Council heard funding requests from 1Vlodels of the Maker, ETCADA, CAC, Red Cross, Lamar County Human Resources, Inc. and CASA for Kids. Council Member Biard left the meeting at 6:45 p.m. 13. Deliberate and act on the Preliminary Plat of Lots 1& 2, Block A, Coplin Square CB 249 Addition, being number 3070 Lamar Avenue. A Motion to approve the preliminary plat was made by Council Member McCarthy and seconded by Council Member Carruth. Motion carried, 6 ayes - 0 nays. 14. Deliberate and act on the Final Plat of Lot 1, Block A, Enns Addition, being number 2975 Farm Market 79. A Motion to approve the final plat was made by Council Member McCarthy and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. 15. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ESTABLISHING MAXIMUM, REASONABLE AND PRUDENT RATES OF SPEED ON FM 905 FROM THE CENTERLINE OF LOOP 286 IN A SOUTHERLY TO SOUTHEASTERLY DIRECTION A DISTANCE OF APPROXIMATELY 0.780 MILES IN THE CITY OF PARIS, TEXAS; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Council Members Rogers and Brown expressed concern about the proposed increased speed and the negative impact on the safery of citizens living in the area. A Motion to deny this item was made by Council Member Rogers and seconded by Council Member Brown. Motion carried, 5 ayes - 1 nay, with Council Member McCarthy casting the dissenting vote. 16. RESOLUTION NO. 2009-069: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND ACCEPTING THE TERMS AND CONDITIONS OF A WATER SERVICE CONTRACT BY AND BETWEEN THE CITY OF PARIS AND MARVIN-JENNINGS-CLARDY WATER CORPORATION FOR THE SALE OF POTABLE WATER; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; MAKING . UOC0~ Regular City Council Meeting July 13, 2009 Page 4 OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. A Motion to remove this item from the table was made by Council Member Kear and seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. Council Member Biard returned to the meeting at 6:55 p.m. City Manager Kevin Carruth said the City had been furnishing water to Marvin-Jennings- Clardy (MJC) Water Corporation since 1990. Mr. Carruth also said that the contract had expired and that MJC requested that the City of Paris continue furnishing water. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. 17. RESOLUTION NO. 2009-070: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL MANAGEMENT SERVICES AGREEMENT WITH MUNICIPAL DEVELOPMENT SERVICES TO IMPLEMENT A CONTRACT ADMINISTRATION SYSTEM UNDER THE GENERAL DIRECTION OF THE TEXAS CAPITAL FUND GRANT FROM THE TEXAS DEPARTMENT OF AGRICULTURE UNDER THE MAIN STREET PROGRAM FOR SIDEWALK 1MPROVEMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Kevin Carruth explained this agreement was to provide administrative assistance for the Texas Capital Fund Main Street Sidewalk Progam. A Motion to approve this item was made by Council Member Kear and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. 18. RESOLUTION NO. 2009-071: A RESOLUTION OF THE CITY OF PARIS, TEXAS, ACCEPTING THE PROPOSAL OF HAYTER ENGINEERING, INC. FOR ENGINEERING SERVICES TO PREPARE PLANS AND SPECIFICATIONS FOR THE TEXAS DEPARTMENT OF AGRICULTURE MAIN STREET PROGRAM FOR SIDEWALK IMPROVEMENTS IN THE CITY OF PAR1S AND AUTHORIZING THE EXEGUTION OF AN ENGINEERING SERVICES AGREEMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Kevin Carruth explained this agreement was to provide engineering services for the Texas Capital Fund Main Street Sidewalk Program. ~ 00000C Regular City Council Meeting July 13, 2009 Page 5 A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. 19. RESOLUTION NO. 2009-072: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE BID AND AWARDING THE CONTRACT FOR THE WATER AND WASTEWATER CAPITAL IMPROVEMENTS PHASE 112009, TO B. BRAY CONSTRUCTION COMFANY, INC., THE LOWEST RESPONSIBLE BIDDER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Shawn Napier told City Council that the low bidder out of a total of seven bidders was B. Bray Construction and that bid was in the amount of $217,281.10. A Motion to approve this item was made by Council Member Brown and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. 20. RESOLUTION NO. 2009-073: A RESOLUTION OF THE C1TY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL MANAGEMENT SERVICES AGREEMENT WITH RESOURCE MANAGEMENT AND CONSULTING COMPANY TO IMPLEMENT A CONTRACT ADMINISTRATION SYSTEM UNDER THE GENERAL DIRECTION OF THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR TDHCA HOME PROGRAM; 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 Rogers and seconded by Council Member Kear. Motion carried, 7 ayes - 0 nays. 21. RESOLUTION NO. 2009-074: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE APPLICATION FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM (FORMERLY KNOWN AS THE LOCAL LAW ENFORCEMENT BLOCK GRANT); AUTHORIZING AN INTERLOCAL AGREEMENT WITH LAMAR COIJNTY; AUTHORIZING THE EXPENDTTURE 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; 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 PROVIDING AN EFFECTIVE DATE. Mayor Freelen opened the public hearing and asked for anyone wishing to speak in support of - 0U010PI6 Regular City Council Meeting July 13, 2009 Page 6 this item, to please come forward. No one spoke in support of this item. Mayor Freelen asked for anyone wishing to speak in opposition of this item, to please come forward. With no one speaking, Mayor Freelen closed the public hearing. Interim Chief Hundley said the total grant was in the ainount of $24,140 and would be egually split between the Sheriff's Office and Police Department. A Motion to approve this item was made by Council Member Biard and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. 22. Deliberate on a proposal and funding to widen a portion of Collegiate Drive in front of the proposed Paris High School and a portion in front of the Civic Center. Staff presented City Council with three different options, including cost estimates. City Council directed staff to bring this item back to Council for further discussion. Council also directed staffto place on a future agenda a contract for professional services with Chailaire Surveying Company for the purpose of surveying right of way. 23. Deliberate and possibly act on forming a committee to study the 2006 edition of the International Fire Code, the Building Code and amendinents. Following a discussion, it was a consensus of Council to advertise for volunteers to serve on this Committee. Council also made a decision that the Committee would be made up of ten individuals, the city manager, the city attorney and the fire chief. 24. Deliberate on the ordinance regarding regulation of the collection of solid waste. A Motion to remove this item from the table was made by Council Member Biard and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. Mayor Freelen requested a policy change in the way leaves were picked up, which would allow residents to place un-bagged leaves at the curb in a container. Council discussed the pros and cons of changing the policy. A Motion to allow residents to place un-bagged leaves in containers was made by Council Member Biard and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. 25. Deliberate on Council Member's recommendations/suggestions for the 2009-2010 Budget. A Motion to remove this item from the table was made by Council Member McCarthy and seconded by Council Member Biard. Motion carried, 7 ayes - 0 nays. Pt Ot 0(11 t'cl, 7 Regular City Council Meeting July 13, 2009 Page 7 Council Member Pickle suggested that salaries of fire and police be re-evaluated as to how they compare to other cities; that they review reducing the retirement match for employees froin 2 to 1 to 1 to 1 citing that the savings could increase the salary of employees; he also asked for the number of elnployees who had over five years of service with the city; and the possibility of building the general revenue side without the franchise payments from the water and sewer funds. City Council scheduled special budget meetings for August 13`h, 17`n 20`n and 27`". Council Member Biard stated he wanted to receive the proposed budget prior to August l Oth. 26. Deliberate on code enforcement report with regard to high grass violations. Council Member Brown said he wanted the vacant lots mowed and if they needed to hire temps to do it, then Council should authorize the funds. Shawn Napier said they were in process of mowing at that time and still had funds to do so. Council Member Rogers asked Mr. Napier to get back with Council prior to depleting funds for this job. 27. Deliberate on demolition of houses and work orders and act on request for additional funding for building demolition. City Council directed staff to look for additional funding in Community Development. Gene Anderson said he would do so and would probably have to bring back a budget amendment. 2$. Deliberate and act on plan review and inspection services performed by Bureau Veritas. After a lengthy discussion, Council Member Biard made a Motion to continue contracting with Bureau Veritas through the budget process and Council Member Pickle seconded the Motion. Motion carried, 7 ayes - 0 nays. 29. Convene into Executive Session pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal advice froin legal counsel pursuant to the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, under the Texas Open Meetings Act as follows: to receive Attorney advice regarding legal issues relating to an extension of the Memorandum of Understanding between the City of Paris and the City of Irving. Mayor Freelen convened City Council into executive session at 8:52 p.m. 30. Reconvene into open session to deliberate and possibly act on matters discussed in Executive Session. Mayor Freelen reconvened Council into open session at 9:15 p.m. and arunounced there was no action to be taken at that time. - ~~a~r~~ Regular City Council Meeting July 13, 2009 Page 8 31. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. None were referenced. 32. Adjournment. There being no further business, a Motian to adjourn was made by Council Member McCarthy and seconded by Council Member Kear. Motion carried,7 ayes - 0 nays. The meeting was adjourned at 9:16 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK