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05-Council Minutes from the meeting of March 08, 2010CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 03/18/2010 Council Date: 03/22/2010 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 March 8, 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 ❑ P bli H i ❑ O h y'TD Actual $ u c ear ng er t Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration E City Clerk ❑ Community Development ❑ EMS/IT ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Finance ❑ Fire ❑ Utilities City of Paris r- ooOocI Revised 2/04/08 MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS March 8, 2010 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, March 8, 2010, 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 Ellis, City Clerk; Shawn Napier, City Engineer; Randy Tuttle, Assistant Police Chief; Ronnie Grooms, Fire Chief; Gene Anderson, Finance Director; and Steven McFadden, Interim Public Works Director Opening Agenda 1. Call meeting to order. Mayor Freelen called the meeting to order at 5:30 p.m. 2. Invocation. Pastor Jered Benedict gave the invocation. 3. Pledge of Allegiance. Council Member Biard led the pledge. 4. Citizens' forum. Wayne Brown, 3305 33rd N.E. - he spoke in opposition of the proposed amendments to the HUD Code Manufactured Housing Ordinance. Ranger Abbott, 125 S.W. 41st Street - he spoke in opposition of the proposed amendments to the HUD Code Manufactured Housing Ordinance. Ronald Abbott, 35 S. Plaza - he spoke in opposition of the proposed amendments to the HUD Code Manufactured Housing Ordinance. - HOG(;2 Regular Council Meeting March 8, 2010 Page 2 Council Member Brown arrived to the meeting at 5:38 p.m. C.J. Fillingham of Pogue Construction - he said that he was the project manager for the Paris High School project. He spoke in support of Bureau Veritas and commended them for their assistance on this project. John Peterson - 2810 Clark Lane - he opposed the approach of grandfathering mobile homes and said that gants should be sought to help get the homes in compliance with the rules. Randy Stephens - he asked that he be given a chance to bid on spraying herbicide applications for the City. Bryan Hargis of Hargis Electric - he spoke in support of Bureau Veritas and said that the City would be taking a step backward, if the City did something different. Consent Agenda Mayor Freelen inquired of Gouncil Members if they wished to pull any items from the Consent Agenda for discussion. There were none. Subject to item 14 of the Council minutes for February 22, 2010, being changed to reflect that the motion was seconded by Council Member Pickle, Council Member McCarthy made a Motion to approve the Consent Agenda and Council Member Pickle seconded the Motion. The Council voted seven (7) for and none (0) opposed to approve and adopt Consent Agenda Items 5, 6, and 7. 5. Deliberate and act on the approval of minutes from the meeting on February 22, 2010. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Historic Preservation Commission minutes (1-25-2010) b. Planning and Zoning Cammission minutes (2-1-2010) 7. Deliberate and act on Resolutions awarding bids for various street construction and maintenance materials, and authorizing the City Manager to negotiate and execute a11 necessary documents, as set out below: RESOLUTION NO. 2010-026: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF HOT MIX COLD LAID ASPHALT, TYPE "A" (COARSE BASE), MATERIALS TO R.K. HALL IN THE AMOUNT OF 444.73 PER TON FOR USE IN THE PUBLIC WORKS DEPARTMENTOF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. - C 0 0 0 V;,3 Regular Council Meeting March 8, 2010 Page 3 RESOLUTION NO. 2010-027: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF HOT MIX COLD LAID ASPHALT, TYPE "B" (FINE BASE), MATERIAL TO R.K. HALL MATERIALS IN THE AMOUNT OF $44.73 PER TON, FOR USE IN THE PUBILC WORKS DEPARTMENT OF THE CITYOF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. RESOLUTION NO. 2010-028: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF HOT MIX COLD LA1D ASPHALT, TYPE "D" (FINE MIXTURE), MATERIAL TO R.K. HALL 1N THE AMOUNT OF $4791 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. RESOLUTION NO. 2010-029: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF AGGREGATE COVER STONE (TYPE B, GRADE 4, UNCOATED) TO MARTIN MARIETTA MATERIALS IN THE AMOUNT OF $15.00 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. RESOLUTION NO. 2010-030: A RESOLUTION OF THE CITY COLTNCIL OF THE CITYOF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF AGGREGATE COVER STONE (TYPE B, GRADE 5, UNCOATED) TO MARTIN MARlETTA MATERIALS IN THE AMOUNT OF $19.00 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER F1NDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. RESOLUTION NO. 2010-031: A RESOLUTION OF THE CITY COUNCTL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF AGGREGATE COVER STONE (TYPE B, GRADE 5, COATED) TO MARTIN MARIETTA MATERIALS IN THE AMOUNT OF $31.50 PER TON, FOR USE 1N THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFEGTIVE DATE. RESOLUTION NO. 2010-032: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING THE BID FOR THE PURCHASE OF CRS-2 EMULSTION ASPHALT FROM ERGON ASPHALT & EMULSIONS IN THE AMOUNT OF $2.1074 PER GALLON FOR USE IN THE STREET DIVISION OF QoOoe4 Regular Council Meeting March 8, 2010 Page 4 THE PUBLIC WORKS DEPARTMENT; MAKING OTHER FINDINGS AND FROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. RESOLUTION NO. 2010-033: A RESOLUTION OF THE C1TY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING THE BID FOR THE PURCHASE OF SS-1 EMULSION ASPHALT (TACK OIL) FROM ERGON ASPHALAT & EMULSIONS IN THE AMOLTNT OF $2.1074 PER GALLON, FOR USE IN THE STREET DIVISION OF THE PUBLIC WORKS DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. RESOLUTION NO. 2010-034: A RESOLUTION OF THE CITY COLJNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF PORTLAND CEMENT CONCRETE TO TRANSIT MIX IN THE AMOUNT OF $87.00 PER CUBIC YARD FOR CLASS "A" (5 SACK), $89.00 PER CUBIC YARD FOR CLASS "C" (6 SACK), AND $82.00 PER CUBIC YARD FOR PORTLAND CEMENT GROUT, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. RESOLUTION NO. 2010-035: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF FLEXIBLE BASE MATERIAL (RED ROCK) TO RICHARD DRAKE IN THE AMOUNT $9.85 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT, OF THE CITY OF PAR1S; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. RESOLUTION NO. 2010-036: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF FLEXIBLE BASE MATERIAL (WHITE ROCK) TO RICHARD DRAKE IN THE AMOUNT OF $9.90 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE C1TY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. RESOLUTION NO. 2010-037: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF SAND TO RICHARD DRAKE IN THE AMOUNT OF $8.60 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. fl- C00,01;5 Regular Council Meeting March 8, 2010 Page 5 Regular Agenda 8. First reading, deliberate, and possibly act on ORDINANCE NO. 2010-010: AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF PARIS, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2010; LEVYING AN ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID CERTIFICATES; APPROVING AN OFFICIAL STATEMENT; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Rogers. Mayor Freelen said in order to pass this ordinance, there would need to be a motion to invoke the super majority rule. A Motion to invoke the super majority rule was made by Council Member McCarthy and seconded by Council Member Biard. Motion carried, 7 ayes - 0 nays. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Rogers. Motion carried, 5 ayes - 2 nays, with Council Members Brown and Pickle casting the dissenting votes. A Motion to adjourn for a short recess was made by Council Member Biard and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. City Council adjourned at 5:55 p.m. A Motion to reconvene into open session was made by Council Member Rogers and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. City Council reconvened into open session at 6:06 p.m. 9. Deliberate and act on administration of building permit and plan review services. Council Member Brown said that he had requested this item, because he had received negative comments about Bureau Veritas prior to the first of the year. Council Member Brown also said that since the first of this year, he had received positive comments about the manner in which Bureau Veritas was handling business. He said he did not have a problem tabling this item to allow Council additional time to study information they received in their agenda packets. Council Member Rogers said that she would like to hear from more contractors, and would like comparative information frorn Blossom, Reno and Lamar County. Council Member Pickle said he would also like information from the cities of Bonham and Mt. Pleasant. Lee Swain of Bureau Veritas told Council that he did advise contractors and sub-contractors of the meeting, and was surprised that more contractors were not in attendance. Mr. Swain said he felt that some of the contractors and sub-contractors would be more comfortable putting their comments in writing. Council Member Brown said that would be fine. It was consensus of the City Council to schedule a special meeting for Monday, April 5, 2010, at 6:00 p.m. to deliberate on this matter. ~OOP['6 Regular Council Meeting March 8, 2010 Page 6 A Motion to table this item until April Sth at 6:00 p.m. for a special meeting, was made by Council Member Brown and seconded by Counci] Member Rogers. Motion carried, 7 ayes - 0 nays. 10. Presentation of the annual racial profiling policy. Dr. Eric Fritsch of the University of North Texas at Denton presented the annual report on racial profiling policy. In summary, Dr. Fritsch said that the Paris Police Department was fully in compliance with Texas Law pertaining to a policy prohibiting racial profling, officer training and education on racial profiling, the racial profiling complaint process, public education about the complaint process, and the colleetion of racial profiling data. 11. Deliberate and act on the Final Plat of Lot 1, Block A, Mirabeau Square 287 Addition, located at 3552 Lamar Avenue. Council Member Rogers inquired if the changes had been made as requested by Planning and Zoning. Shawn Napier reported they had not been made, and that staff recommended denial of the f na1 plat. A Motion to deny this item was made by Council Member Biard and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 12. Second reading, deliberate, and possibly act on an ORDINANCE AMENDING THE TITLE OF CHAPTER 22 OF THE CITY CODE OF ORDINANCES TO "HUD-CODE MANUFACTURED HOMES/PARKS AND SPECIAL VEHIGLES;" REPEALING AND REPLACING ARTICLES I AND IlI OF CHAPTER 22 OF THE CODE OF ORDINANCES; AMENDING DEFINITIONS AND ADDING NEW REGULATIONS REQUIRING PERMITS FOR CONSTRUCTING, TRANSPORTING OR INSTALLING HUD-CODE MANUFACTURED HOMES AND REQUIRING SITE PLAN APPROVAL AND A LICENSE FROM THE BUILDING OFFICIAL TO DEVELOP A HUD-CODE MANUFACTURED HOME PARK IN THE CITY OF PARIS, TEXAS; RECOGNIZING NON-CONFORMING USE STATUS OF EXISTING MOBILE HOME PARKS IN THE CITY OF PARIS; AMENDING SECTION 8 OF ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS PREVIOUSLY AMENDED, TO CHANGE THE TERM:S MOBILE HOME AND MOBILE HOME PARK TO HUD-CODE MANUFACTURED HOME AND HUD- CODE MANUFACTURED HOME PARK; AMENDING SECTION 8-101 AND SECTION 12-100(39) OF THE CITY ZONING ORDINANCE TO ALLOW A HUD- CODE MANUFACTURED HOME 1N ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3) BY SPECIFIC USE PERMIT ONLY; 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. e 0 (;GGI Regular Council Meeting March 8, 2010 Page 7 City Council discussed ihis item at length with regard to lighting issues, skirting, gandfathering of current mobile homes, allowance of travel trailers, screening, and expansion of current parks. It was a consensus of the City Council to review the current City Ordinance provided to them at an earlier meeting and table this item. A Motion to table this item was made by Council Meinber Biard and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. 13. First reading, deliberate and possibly act on ORDINANCE NO. 2010-011: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ARTICLE II OF CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF PAIRS, TEXAS, BY AMENDING SECTION 16-25(b), RULES FOR PLACEMENT OF BAGS OR BUNDLES FOR RESIDENTIAL COLLECTION AND SECTION 16-27(e), DISPOSAL OF BULK ITEMS FROM RESIDENTIAL UNIT, LARGE BRUSH PICKUP, FEES; PROVIDING FOR LEAVES BEING PLACED IN CONTAINERS IN LIEU OF BAGS; ESTABLISHING A FEE FOR EACH BAG OR BOX EXCEEDING THE LIMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVIANGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Subject to deleting the fee for extra bags of leaves exceeding the limit, a Mation to approve this item was made by Council Member Brown and seconded by Council Member Biard. Motion carried, 7 ayes - 0 nays. 14. Deliberate and act on RESOLUTION NO. 2010-038: A RESOLUTION OF THE CITY COUNCIL OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE TEXAS CAPITAL FUND GRANT MAINSTREET SIDEWALK REPLACEMENT PROJECT, TO STEPHENS & SONS CONCRETE CONTRACTORS, INC., THE LOWEST RESPONSIBLE BIDDER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJEGT; AND DEGLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Brown and seconded by Council Member Rogers. Motion carried, 7 ayes - 0 nays. 15. Deliberate and act on options for herbicide applications for the Parks Deparhnent. Interim Public Works Director Steve McFadden presented the City Council with two options for herbicide applications for the Parks Deparhnent. The first option was to spray in-house according to specifications with one additional employee, while the other option was to re-bid the spraying contract with changes to the specifications. A Motion to bid out the herbicide applications was made by Council Member Biard and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. ,n 0 V. kc f'8 Regular Council Meeting March 8, 2010 Page 8 16. Consider and approve and future events for City Council andlor City Staff pursuant to Resolution No. 2004-081. Council Member Pickle reminded everyone about the upcoming Trash Off scheduled for April 10`t'. Council Member Biard reminded everyone that they would be receiving a Census form and he asked that everyone coinplete and return it. 17. Convene into executive session pursuant to Section 551.072 of the Texas Government Code to discuss and deliberate the purchase, exchange, lease, or value of real property. After a brief recess, Mayor Freelen convened City Council into executive session at 7:48 p.m. 18. Reconvene in open session to deliberate and possibly act on matters discussed in Executive Session. Mayor Freelen convened City Council into open session at 7:54 p.m. and announced that there was no action to be taken. Council Member Brown 1eft the meeting at 7:54 p.m. 19. Adjournment. There being no further business, a Motion to adjourn was made by Council Member McCarthy and was seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 7:54 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK nPMc'HO