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03 City Council Min 5-23-05 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS May 23, 2005 1.The City Council of the City of Paris met in regular session at 6:00 P. M. Monday, May 23, 2005, at the Love Civic Center, 2025 South Collegiate Drive, Paris, Texas. Present:Mayor:Curtis Fendley Council members:Tim Ray, Richard Manning, Mayor Pro Tem, Mary Ann Fisher, Karen Wilkerson, Rick Poston, Don Wilson City staff:City Manager Tony N. Williams, City Attorney Larry W. Schenk, City Clerk Janice Ellis CONSENT AGENDA Upon a motion made by Councilwoman Fisher and a second by Councilman Poston, the Council voted six (7) for and none (0) opposed to approve and adopt the consent agenda, Item 2, as follows: 2.Receipt of reports and/or minutes from committees, boards, and commissions: A.Airport Advisory Board. (3-17-05; 4-21-05) B.Paris Economic Development Corporation. (4-27-05) C.Paris Public Library Advisory Board. (4-20-05) D.Building and Standards Commission. (4-14-05) 3.Personal Appearances. A.Derrick Singles, TxDOT representative, was present to answer questions regarding the audible signals to be installed in the Plaza area. Tony Williams inquired as to how many signals were going in and their location. Mr. Singles said there would be a total of nine, with there being one on each corner of the square on the perimeter and one on the inside northwest corner. Councilman Poston wanted to know if the one on the northwest corner would be the one on the way out. Mr. Singles said that was correct. Councilman Ray had a concern as to whether or not a seeing impaired person Regular City Council Meeting May 23, 2005 Page 2 who was in the center of the plaza would be able to differentiate where the signal was coming from. Mr. Singles informed Council that after the signals were installed they would be checked to insure they were working properly. Councilman Manning expressed concern about an individual being able to tell the signals apart. Mr. Singles advised they followed the guidelines of the Disabilities Act with regard to the specifications of the signals and their placement. He said there shouldn’t be any mistaking as to which signal is which. Councilwoman Wilkerson wanted to what lets the individual know which way is safe. Mr. Singles said there will be a ping pong directional signal. Tony Williams inquired if TxDOT needed an action from the Council or was it a notification process. Mr. Singles said they would like an action from the Council. Mayor Fendley moved to Agenda Item 5C. 5.C.RESOLUTION NO. 2005-057: A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF TEXAS DEPARTMENT OF TRANSPORTATION FINAL PLANS FOR THE CONSTRUCTION OF MISCELLANEOUS WORK CONSISTING OF AUDIBLE TRAFFIC SIGNAL INSTALLATION (STATE PROJECT NO. C45-9-84) IN THE PLAZA AREA OF DOWNTOWN PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. th Mayor Fendley advised this item was tabled at the May 18 meeting, because additional information was requested from TxDOT. Mayor Fendley informed Council it they wished to discuss it, that a motion would be required to bring it from the table. Upon a motion made by Councilman Wilson and a second by Councilman Manning, the Council voted seven (7) for and none (0) opposed to remove this item from the table. The motion carried. Motion to approve this item by Councilman Wilson. Councilwoman Fisher - second. Motion carried - 5 ayes, 2 nays. Councilman Ray and Councilwoman Wilkerson voted against approval of this item. th B.Michael Tibbets of Hayter Engineering gave a status report on the 24 Street Drainage Project. On December 7, 2000, the Drainage Committee selected the Regular City Council Meeting May 23, 2005 Page 3 th 24 S.E./Lamar Avenue as the number one priority. Hayter Engineering was authorized by the City Council to begin design of the project in June of 2001. At the request of Council, the project was divided into Phase I, being from th Simpson to Hubbard east of 24 S.E. and Phase II, being from Hubbard to Price, across Lamar Avenue. After meeting with Shawn Napier and Tony Williams in April, Phase I and Phase II were combined into a project that would go from Simpson Street to just north of Hubbard. The project requires a ditch that is ten feet wide at the bottom, concrete lined and four feet deep. The ditch that is currently there is two or three feet wide and made up of various structures. The existing sewer line will have to be replaced, the existing ditch will have to be taken out and access is difficult. They have to obtain Army Corp of Engineer permits for areas affected. They are in the process in obtaining Easements and there may be one condemnation. Tony Williams stated when he inquired about whether or not we had any bond issue funded projects that had not been authorized or moved. He was told this was the only project we had that had not been initiated. The price of concrete and steel products have significantly increased. The 2000 estimate of how much drainage could be done for this amount of money will not nearly be done with today’s prices. Tony stated that the City should address the most significant drainage items within the money we have for this project. Councilman Wilson wanted to know what amount of money we have left in the bond fund. Gene Anderson said that at the end of March we had 1.8 million dollars. Shawn Napier informed Council that $875,000.00 was set aside to do the project. Mayor Fendley wanted to know what the other million was for. Tony informed Council that water line extension improvements was one of the items. In addition, Shawn told Council that City Hall Renovation was coming out of the money, Stillhouse Road was originally set up to come out of this th money, 24 Street Drainage Project and the Depot Parking Lot. Council gave direction to city staff to proceed with the Engineering Study to get firm numbers on the construction costs. Regular City Council Meeting May 23, 2005 Page 4 4.Consider of and action on the following resolutions: A.ORDINANCE NO. 2005-021: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY REPEALING SECTIONS 31-31 AND 31-32 OF CHAPTER 31, ARTICLE II, DIVISION 2 OF SAID CODE; ADDING A NEW DIVISION 3, SECTIONS 31-50 THROUGH 31-57, TO CHAPTER 31, ARTICLE II OF SAID CODE; PROVIDING FOR TRUCK ROUTES THROUGH THE CITY; PROVIDING FOR A PENALTY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Motion to approve by Councilman Manning. Councilman Wilson - second. Motion carried 7 ayes, 0 nays. B.ORDINANCE NO. 2005-022: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY REVISING SECTION 17-25 AND 17-27(a) OF SAID CODE; PROVIDING THAT THE NOTICE REQUIREMENTS FOR PUBLIC NUISANCES BE AMENDED; PROVIDING THAT THE CITY BE REQUIRED TO PROVIDE ONLY ONE NOTICE PER YEAR TO PROPERTY OWNERS PRIOR TO ABATEMENT OF A NUISANCE; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Councilman Poston wanted to know what the significance was in going from 10 days to 7 days. Larry Schenk, informed Council that 7 days is the absolute minimum we have to provide under state law. It is speeding the process up. Tony Williams said it had been difficult on code enforcement staff to get results and to do multiple notifications. Motion to approve by Councilwoman Wilkerson. Councilman Manning - second. Motion carried 4 ayes, 3 nays. Councilman Poston, Councilman Wilson, and Mayor Fendley voted against approval of this item. Regular City Council Meeting May 23, 2005 Page 5 5.Consideration of and action on the following resolutions: A.RESOLUTION NO. 2005-055: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, DECLARING CERTAIN PERSONAL PROPERTY SURPLUS; APPROVING AN AUCTIONEER SERVICE AGREEMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Motion to approve by Councilman Wilson. Councilwoman Fisher - second. Motion carried 7 ayes, 0 nays. B.RESOLUTION NO. 2005-056: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING CHANGE ORDER NO. ONE TO CONTRACT FOR THE REHABILITATION AND RECONSTRUCTION OF THE CITY HALL AND CENTRAL FIRE STATION BUILDING; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Councilwoman Wilkerson wanted to know if this was the first change order and if any of the items were the result because of not including it in the scope of work from the contractor. Shawn Napier said it was the first change order. He said they were unknown conditions that the contractor uncovered such as there being two concrete floors. Motion to Deny by Councilwoman Wilkerson. Councilman Ray - second. Motion failed 2 ayes, 5 nays. Motion to Approve by Councilman Poston. Councilwoman Fisher - second. Motion carried - 5 ayes, 2 nays. D.RESOLUTION NO. 2005-058: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE FURNISHING AND DELIVERY OF LABOR, MATERIALS, AND EQUIPMENT AND FOR PERFORMING ALL WORK REQUIRED FOR GROUNDS MAINTENANCE (MOWING) ON CITY OF PARIS PARKS AND FACILITIES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Councilman Ray inquired as to whether Good Tree Service previously had the Regular City Council Meeting May 23, 2005 Page 6 contract, was unable to fulfill it and sub-let it out. Shawn Napier said that was true and they both agreed to cancel the Contract and another contract was signed with Glover. Councilman Ray expressed concern over a contract with Good Tree Service based on them not fulfilling the previous contract. Councilman Manning wanted to know if these people were bonded. Councilwoman Wilkerson asked John Brunson if they did a background check. He said they checked all of the references. Mayor Fendley said that the contract could be amended to add background checks. Subject to criminal background check, a Motion to approve was made by Councilman Wilson. Councilman Poston - second. Motion carried - 6 ayes, 1 nay. Councilman Ray voted against approval of this item. E.RESOLUTION NO. 2005-059. A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS, AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE FURNISHING AND DELIVERY OF LABOR, MATERIALS, AND EQUIPMENT AND FOR PERFORMING ALL WORK REQUIRED FOR THE APPLICATION OF HERBICIDE ON CITY OF PARIS PROPERTY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Councilman Manning expressed a concern of chemicals going into the water table. Tony Williams informed Council that is why we were very careful in the specifications. Seven proposals were sent out and two bids were submitted. Councilman Ray wanted to know if this was the company that did some spraying around the plaza and killed off St. Augustine grass. Shawn Napier said that was the same company. Councilman Ray expressed concern about giving them another contract when they had not fixed what they had torn up. Shawn informed Council they were working with them on that. Motion to approve by Councilman Wilson. Councilman Poston - second. Motion failed - 3 ayes, 4 nays. Councilman Ray, Councilman Manning, Councilwoman Fisher and Councilwoman Wilkerson voted against approval of this item. Councilman Wilson wanted to know if we were going to mow until this gets fixed. Councilman Ray suggested that we put something in the contract which would require them to repair the damage and then re-entertain a contract. Mayor Fendley said they Regular City Council Meeting May 23, 2005 Page 7 could go back and vote on this issue making it contingent that the contract would go into effect once they have repaired what they have damaged. Councilman Ray made a motion to approve contingent upon the damage being repaired Councilwoman Wilkerson wants to impose a deadline. Councilman Ray amended his motion to approve contingent upon repairing the grass that has already been damaged within 12 working days. Second - Councilwoman Wilkerson. Motion carried - 6 ayes, 1 nay. Councilman Poston voted against approval of this item. Larry Schenk asked for a clarification in that we are not going to sign a contract until 12 days have passed and the grass is repaired. Mayor Fendley said that was right. F.RESOLUTION NO. 2005-060. A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN CJ REAL PROPERTY, INC. AND THE CITY OF PARIS, TEXAS, THE CITY OF SULPHUR SPRINGS, TEXAS, LAMAR COUNTY, TEXAS HOPKINS COUNTY, TEXAS AND DELTA COUNTY, TEXAS, ACTING IN CONSORT AS THE RED RIVER VALLEY DRUG TASK FORCE FOR OFFICE AND STORAGE SPACE FOR THE DRUG TASK FORCE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Motion to approve by Councilman Wilson. Councilwoman Fisher - second. Motion carried - 7 ayes, 0 nays. G.ORDINANCE NO. 2005-023: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT WITH WASTE MANAGEMENT, INC. FOR THE COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE, IN SUCH FORM AS SHALL BE APPROVED BY THE CITY ATTORNEY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Regular City Council Meeting May 23, 2005 Page 8 At 7:20 p.m., during the discussion of this item, Councilwoman Fisher left the meet meeting. Councilwoman Fisher returned to the meeting at 7:23 p.m., during discussion of this item. Tony Williams stated that the City opened publicly six bids from various vendors in the solid waste collection and disposal business. The vendors presented the City of Paris five different options in which to handle solid waste collection and disposal. Tony has been negotiating with two companies, AESI, low bidder in the over-all bid to do industrial, commercial and residential. We have also been negotiating with Waste Management to primarily do a residential only proposal. Waste Management submitted a proposal for residential twice a week, 10 bags maximum at a pick-up rate of $9.41 per month. Tony negotiated that down to $8.50 per month for twice a week, curb-side, bag pick-up. On the second day of that weekly pick-up, they would also do a bulky pick-up or a large item pick-up for that same price. If you want a large amount of bulky items picked up, you would call the City and someone would go out from Waste Management and estimate prior to you agreeing to pay and give you a price for the bulk pick-up. Waste Management would pay to the City $159,000.00 for the vehicles that we listed. The proposed Agreement would be a ten year term. The only increases they could charge, and would be automatic would be an annual CPI. Anything above that would have to be approved by the City Council. Tony recommended a contract with Waste Management to do residential only of collection and disposal, subject to bringing back a contract for review by Council at the next meeting. Tony recommended doing the commercial and industrial under the current arrangement. Lynn Lantrip of Waste Management spoke about the company’s plans. Mr. Lantrip stated they need the employees currently with the City of Paris, who collect and dispose of solid waste. Those employees will go through the company’s normal screening process. Mr. Lantrip estimated they will need between eight and ten people. The employees will have good benefits, some exceed those of the City. Mr. Lantrip said if this is done right, the folks will actually not realize anything happened. The trucks will look the same, the same guy will be driving the truck and it is the same route on the same date. Tony Williams stated if we do this, the City should be the contact point for the customer should there be a complaint. Subsequently, we would pass this on to the contractor and follow-up on it. Regular City Council Meeting May 23, 2005 Page 9 Councilman Manning expressed a concern about the retirement plan at the City not being able to be added to. Councilwoman Wilkerson wanted to know if their tenure could go with them. Tony explained if you were vested with TMRS, then the employee can leave that with the City and continue to earn interest until the employee reaches the retirement age of 60. Councilman Manning said he thinks they should take this to the voters and let them have a say in this. He wanted to know if this item should be an Ordinance instead of a Resolution since it has to do with expenditures. Larry Schenk, advised the nature of this contract would actually be a revenue contract. Councilman Ray reiterated Councilman Manning’s request. Mayor Fendley said they could amend it to be an ordinance. Motion by Councilman Wilson to approve Tony Williams to proceed to a contract with Waste Management and bring it back to Council. Councilman Poston - second. Motion carried - 4 ayes, 3 nays. Councilman Ray, Councilman Manning and Councilwoman voted against approval of this item. 6.Discuss the status of personnel reductions in the fire department. Tony Williams stated that he proposed reductions as the result of finances discussed with Council. On March 14, 2005, the Council gave direction to Tony to proceed with reductions of 56 positions with the exception of EMS. Tony proposed a reduction of six full-time positions in the fire department. As of this date, four people have either left or given notice. There are two remaining to get to that six reduction. These two employees have not obtained the status of full firefighter, being in a probation status. Based on a legal opinion, we can protect their civil service status by putting them on administrative leave upon their last day of service. Larry Schenk informed Council administrative leave would be administrative leave without pay. The purpose would be for them to continue their status as an employee to finally serve out the full year of probation, so that they can be placed on the list. They could return when there is an opening, or in the alternative take another position with another fire department. This would alleviate them having to go back through the fire academy or re-test. Councilman Ray stated there are two firemen on the list to be hired by Greenville. He wants to extend their termination date to an additional thirty to sixty days. Councilman Wilson suggested forty-five days and Councilman Ray said he was not opposed to that. Tony stated he took this as direction. Regular City Council Meeting May 23, 2005 Page 10 7.Discuss recently adopted changes in health insurance for retired city employees. Gene Anderson passed out information that was provided to the retirees. Tony Williams stated as a result of being late in getting the information to retirees, they had extended the time to May 24, 2005. This will allow them additional time to decide what they personally want to do about their insurance. They have several different options they are reviewing. Councilman Manning and Councilman Ray expressed they did not think this was fair to the retirees. 8.Consider, discuss, and provide direction to City Staff regarding potential disannexations. Tony Williams stated on the very East side of Reno, North of 82 is a section of land the City annexed. The other section is on the opposite side of the community on 82 West and it is the hatched area West to FM 1510. There are fifteen pieces of property in these two tracts with a taxable value of $388,000.00; however, since they have been in the City the total City taxes paid is $13,748.00. It costs us more for fire and police service for these areas based on square mileage than what we have taken in on these tracts. Larry Schenk explained the procedure for disannexation. Mr. Schenk suggested that two public hearings be conducted, public notice be given, and actual notice given to the property owners whose property is being disannexed. There is a requirement under Section 43.148 of the Local Government Code that we do some type of cost analysis as to the cost benefit. You would probably have a two or three reading disannexation ordinance and it is probably a 60-90 day process. Motion to approve by Councilman Manning. Councilman Poston - second. Motion carried - 7 ayes, 0 nays. 9.Presentations A.Citizens Forum John Holmes - 520 Deshong - spoke against the City changing the retiree insurance plan. Jerry Rose - 2710 W. Brame - he spoke about $750,000.00 being saved to go into the budget over the $14.00 now collected for trash pick-up. He said there was $5.00 out of the trash collection fee to maintain the landfill and wanted to Regular City Council Meeting May 23, 2005 Page 11 know where the $750,000.00 was coming from. Mayor Fendley told him they would refer it back to staff to look into. Ray Banks - 3450 Robin Road - spoke against trash privatization. Sims Norment - 606 S. Church Street - spoke in favor of trash privatization. Penny Golightly - 2720 FM 79 - wanted to know the process for retired employees being reimbursed $400.00 if they get other insurance. Mayor Fendley suggested she speak to Gene Anderson to get all of the details. Bill Rhudasil - 932 E. Price - had a negative experience with trash pick-up done by the City - is in favor of trash privatization st James Allcorn - 870 S.E. 41 - had a negative experience with trash service provided by the City at some of the other properties he owns - is in favor of trash privatization. Randy Stephens - talked about the spraying contract and the fact that he picked up a bid. He doesn’t think the company out of Tyler is using the chemicals they are suppose to spray. He wanted to know who is going to police those people the next time they spray. He thinks the parks should be beautified instead of sprayed. Lawrence Malone - spoke against the City changing the retiree insurance plan and the cut of firefighters. 10.Possible future agenda items. None were referenced. 11.Referrals. There were no referrals. 12.There being no further business, the meeting was adjourned. _____________________________ CURTIS FENDLEY, MAYOR Regular City Council Meeting May 23, 2005 Page 12 ___________________________ JANICE ELLIS, CITY CLERK