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05-Council Minutes from the meetings of 3/22/2010 and 4/5/2010CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 04/07/2010 Council Date: 04/ 12/2010 Originating Depattment: 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 meetings of March 22, 2010 and Apri15, 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 y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: E Administration M City Cletk ❑ Community Development ❑ EMS/IT ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Finance ❑ Fire ❑ Utilities City of Paris il. 000001 Revised 2/04/08 MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS March 22, 2010 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, March 22, 2010, at the City Council Chamber, ] 07 E. Kaufrnan, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Joe McCarthy; Kevin Kear; Will Biard; Edwin Pickle; and Rhonda Rogers City Staff: Kevin Carruth, City Manager; Kent McIlyar, City Attorney; Janice E11is, City Clerk; Shawn Napier, City Engineer; Bob Hundley, Police Chief; Ronnie Grooms, Fire Chief; Gene Anderson, Finance Director; Doug Harris, Public Works Director; Priscilla M:cAnally, Library Director; and Steven McFadden, Interim Public Works Director Absent: Council Member: Stephen Brown Opening Agenda l. Call meeting to order. Mayor Freelen called the meeting to order at 5:37 p.m. Council Member McCarthy said that Emma Smith Mason had passed away and that she was the first female minority to serve on City CounciL Council Member McCarthy asked for a moment of silence in memory of Ms. Mason. 2. Invocation. Reverend Kelley gave the invocation. 3. Pledge of Allegiance. Council Member Pickle led the pledge. 000002 Regular Council Meeting March 22, 2010 Page 2 4. Citizens' forum. Ann Gilliland, 150 GR 12200, Paris - on behalf of Keep Paris BeautifullMake Lamar County Shine, Ann Gilliland invited Council Mei-nbers to be team leaders far the trash-off scheduled for April l p`h Consent Agenda Mayor Freelen inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. City Council discussed with staff inembers items 9 and 11. Council Member Rogers commended city staff on the financial report, as it related to the return on equity. Council Member Kear inade a Motion to approve the Consent Agenda and Council Member McCarthy seconded the Motion. The Council voted six (6) for and none (0) opposed to approve and adopt Consent Agenda Items 5, 6, 7, 8, 9, 10, 11, and 12. 5. Deliberate and act on the approval of minutes from the meeting on March 2010. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Paris Economic Development Corporation (2-9-2010) b. Fire and Building Code Review Committee (2-23-20] 0) c. Paris Historic Preservation Cominission (2-10-2010; 2-22-2010) d. Board of Adjushnent (1-5-2010) e. Paris Public Library Advisory Board (1-20-2010; 2-17-2010) 7. Deliberate on February monthly financial report. 8. Deliberate and act on RESOLUTION NO. 2010-039: A RESOLUTION OF THE CITY COLINCIL OF THE CITY OF PARIS, TEXAS, APPROVING A PROCLAMATION DECLARING THE MONTH OF APRIL AS FAIR HOUSING MONTH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 9. Deliberate and act on RESOLUTION NO. 2010-040: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEATING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF A GRIT REMOVAL SYSTEM TO SMITH & LOVELESS, INC. IN THE AMOUNT OF $78,980.00 FOR USE IN THE CITY OF PARIS WASTEWATER TREATMENT PLANT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFEGTIVE DATE. 10. Deliberate and act on RESOLUTION NO. 2010-041: A RESOLUTION OF THE CITY COUNCIL OF THE GITY OF PARIS, TEXAS, AFPROVING THE BID AND Regular Council Meeting March 22, 2010 Page 3 AWARDING THE CONTRACT FOR THE REPLACEMENT OF CONCRETE CURB & GUTTERS, DRIVEWAY APPROACHES AND REINFORCED CONCRETE SIDEWALKS IN THE CITY OF PARIS TO STEPHENS & SONS CONCRETE CONTRACTORS, INC. THE LOWEST RESPONSIBLE BIDDER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 11. Deliberate on drainage ditch maintenance report. 12. Deliberate and act on RESOLUTION NO. 2010-042: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE PURCHASE OF LOTS 5& 6 BLOCK l, OF THE HENRY SMITH 2ND ADDITION LOCATED AT 165 W. CENTER STREET; RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT WITH THE LINNIE RAY SPENCER 1998 REVOGABLE MANAGEMENT "A" TRUST; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY FOR THE PURCHASE OF SAID PROPERTY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Resular Agenda 13. Deliberate on report reviewing the impact of the Childrens Curfew Ordinance and conduct a public hearing, first reading, and possibly act on the continuation, modification or abolishment of Ordinance No. 2007-007. Mayor Freelen opened the public hearing and asked anyone wishing to speak in favor of this item, to please come forward. Mayor Freelen asked anyone wishing to speak in opposition of this item, to please come forward. With no one speaking, Mayor Freelen closed the public hearing. Chief Hundley presented the police department's report on the curfew ordinance. Chief Hundley said that there were 163 juvenile disturbances in 2007, 151 juvenile disturbances in 2008, and 93 juvenile disturbances in 2009. Chief Hundley said that the curfew had a positive impact on juvenile disturbances and recommended continuance of the ordinance without any changes. A Motion to invoke the super majority rule was made by Council 1Vlember McCarthy. Council Member Rogers said that she wanted to have a second reading to allow additional time for comments. The motion died for lack of a second. It was a consensus of City Council to schedule this item for the next Agenda. 14. Deliberate and act on RESOLUTION NO. 2010-043: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF REFUNDING 0,00(l01, Regular Council Meeting March 22, 2010 Page 4 BONDS BY THE PARIS ECONOMIC DEVELOPMENT CORPORATION; APPROVING A SALES TAX REMITTANCE AGREEMENT; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT AND PROVIDING AN EFFECTNE DATE. Mayor Freelen stated that he attended the EDC meeting and that the Board passed this itein, because it would reflect a net savings of $272,000.00. A Motion to approve this item was made by Council Member Rogers and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. 15. Deliberate and act on RESOLUTION NO. 2010-044: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF PARIS AND THE GREATER PARIS DEVELOPMENT FOUNDATION, INC., A NON-PROFIT CORPORATION OF THE STATE OF TEXAS, FOR THE WEST EXTENSION OF THE PROPERTY KNOWN AS TRAIL DE PARIS FROM 12T" STREET SE WEST TO 8T" STREET SE AND THE EAST EXTENSION FROM OLD CLARKSVILLE ROAD EAST TO THE CITY LIMITS LINE OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Shawn Napier expressed his appreciation to Earl Erickson. Mr. Napier said without Mr. Erickson's hard work and dedication, this trail would not be in existence. A Motion to approve this item was made by Gouncil Member Biard and seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. 16. Deliberate and act on RESOLUTION NO. 2010-045: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AN APPLICATION FOR FUNDING THROUGH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR A 2009 HOMEBUYER ASSISTANCE PROGRAM GRANT, HOME/AMERICAN DREAM DOWNPAYMENT INITIATIVE (ADDI) AWARD; DESIGNATING THE AMOUNT OF MATCHING FUNDS AND CASH RESERVES; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS; 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. Kevin Carruth said the program that was recently cancelled did have slightly different program rules. He said that the current progam would have a little more latitude, because the IrnI ol 0 'fi+j Regular Council Meeting March 22, 2010 Page 5 program allows for up $20,000 total assistance per family. Mayor Freelen said he thought Council had increased it to $20,000 last year. Glifton Fendley said Paris Living had applied to the State to have that change made and the State denied that change. Mr. Fendley said that was a large part of the reason that Paris Living cancelled the current contract and applied tor a new one. A Motion to approve this item was made by Council Member Rogers and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays. 17. Consider and approve and future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Council Member McCarthy asked that a proclamation be prepared for the family of Emma Smith Mason. Council Member McCarthy also reminded everyone of the COG meeting scheduled for Thursday, March 25`". 18. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Biard. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 6:12 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK w- aooci~l6 MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS Apri15, 2010 The City Council of the City of Paris met for a special session at 6:00 p.m. on Monday, Apri15, 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; Bob Hundley, Police Chief; and Ronnie Grooms, Fire Chief Openin2 Agenda l. Call meeting to order. Mayor Freelen called the meeting to order at 6:00 p.m. 2. Deliberate on administration of building permit and plan review services. City Council discussed plan reviews, permit fees for residential and commercial properties, requirements for building a residence, requirements for residential renovations, and the comparison cost of Bureau Veritas and hiring in-house employees to perform inspections. Ty Chapman and Lee Swaim of Bureau Veritas answered questions from City Council. Mr. Chapman explained that a residential inspection fee was a one-time fee and that the builder was not charged additional costs for each time the inspector was called to the location. Builder Gene McWaters said that he did not like having to wait twenty-four hours to get a permit and on one occasion it took him 17 days to set an electrical pole. Shawn Napier explained that this was when the city first began using Bureau Veritas and that the incident was the result of miscommunication between city staff, BV and the electric provider. Council Member Rogers inquired of Mr. McWaters the number of houses he had built over the last two years in the city and in the county. Mr. McWaters said he had built 7 or 8 houses in the city and 30 to 40 houses in the county. Contractor Jerry Haning said he did not have anything against Bureau Veritas, but he preferred city staf£ He said that in the past, there were city employees who could answer questions and were available to do so. Mr. Haning also said hiring city inspectors would be less expensive than contracting with Bureau Veritas. Lee Swaim interjected that he received 30 to 40 phone calls a day and that he did not see a problem with availability. Council Member Rogers Regular Council Meeting March 22, 2010 Page 2 inquired of Mr. Haning the number of houses he had built over the last two years in the city and in the county. Mr. Haning responded that he had not built any. Mr. Haning also said that the city needed local people and that they needed to speed up the process. Mr. Haning went on to say that the city should stay with BV through the end of the Paris High School Project. Johnny Exum with Exum Plumbing, said his main concern was the amount of money it was costing the tax payers to keeping BV. Council Member Biard asked Kevin Carruth if the city could do as good of a job as Bureau Veritas, but with less expense. Mr. Carruth said that he was not advocating either way, but he did know that the city could not operate in the way that it had in the past. He specifically pointed out that in the past the city had not been doing plan reviews. Shawn Napier reflected on the problems that occurred during and after the building of LaQuinta, as a result of not doing plan reviews. Council Member Biard said the thought they should look at the option of doing in-house residential and small commercial jobs, while possibly contracting the bigger jobs to a third party. Shawn Napier said that the city had lost a lot of experience in the last year, due to the number of employees who sought employment with other entities. Mr. Napier stated that he currently had several employees in the process of learning and testing to become a plumbing inspector and a plan reviewer. Council Member Biard complimented BV on their work, but said he thought they needed to keep the process in-house. Mayor Freelen said he wanted to look at the option of posting jobs in order to determine the different types of skill level available to the city. Mr. Carruth expressed concern about recruitment, if it was uncertain whether or not there was a job opening. Mayor Freelen said he thought the long term goal should be to have in-house employees to perform inspections. City Council discussed this option at length. Council Member Brown said they may have to look at moving forward with hiring employees and continue the contract with Bureau Veritas for a period of time. He said they could address the cost at budget time. C.J. Fillingham, Project Manager for the new high school, told City Council the high school was scheduled to be completed by July 31 S`. He also said there was another four to five million dollars worth of projects on other P.I.S.D. campuses. Mr. Fillingham complimented BV in their prompt responses to the school project. He said that Lee Swaim always answered his phone calls with the exception of twice, and both times Mr. Swaim returned his call within thirty minutes. Mayor Freelen told Ty Chapman and Lee Swaim that they had done a good job, but that Paris was a rural area and needed in-house employees. Council Member Rogers said another option would be to go out for bids. Council Member Biard said he did not believe it to be so much a money issue, but more of a city issue. No action was taken on this matter. It was scheduled for the regular meeting on Monday, `n April 12 Regular Council Meeting March 22, 2010 Page 3 3. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Biard and was seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. The meeting was adjourned at 8:00 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK f