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03 City Council Min 01-09-06 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS January 9, 2006 1. The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, January 9, 2006, at the City Council Chamber, 107 E. Kaufman. Paris, Texas. Present: Mayor: Curtis Fendley Council Members: Tim Ray; Richard Manning, Mayor Pro Tern; Mary Ann Fisher; Karen Wilkerson; Rick Poston; and Don Wilson City Staff: Tony N. Williams, City Manager; John Lestock, Assistant City Attorney; and Janice Ellis, City Clerk Richard Hart gave the invocation. 2. Receipt of report from the Planning & Zoning Commission. A&B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF P ARIS, PARIS, TEXAS AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A ONE-F AMMIL Y DWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME ON SOUTH 93' OF LOTS 2 AN D3 BLOCK 1, PACKARD ADDITION, REQUESTED BY GRACIE JOHNSON, AGENT FOR ANNETTE GILL GRANT, OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-F AMIL Y DWELLING DISTRICT NO. 3 (SF-3); DESIGNATING THE BOUNDARIES OF THE ONE-F AMIL Y DWELLING ; PROVIDING FOR A PENAL TY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AS EFFECTIVE DATE. Mayor Fendley informed Council that this item was previously tabled and asked for a motion to bring the item from the table. Upon a motion made by Council Member Manning and a second by Council Member Ray, the Council voted seven (7) for and none (0) opposed to remove this item from the table. The motion carried. . -r Regular City Council Meeting January 9, 2006 Page 2 Mayor Fendley opened the public hearing and asked for anyone speaking in favor of this item to do so. No one spoke in support of this item. Mayor Fendley asked for anyone speaking against this item to do so. With no one speaking, Mayor Fendley closed the public hearing. A Motion to deny this item was made by Council Member Wilson and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. C. Consideration of and action on the Preliminary Plat of Park Place Center, being number 3235 Loop 286 N.E. Subject to the Engineer's recommendations, A Motion to approve was made by Council Member Wilson and seconded by Council Member Poston. Motion carried, 7 ayes - o nays. CONSENT AGENDA Mayor Fendley inquired ifthere were any items that Council Members wanted to pull and discuss from the Consent Agenda. Council Member Poston wanted to know what changed in Item 5C. While waiting for Gene Anderson to return to the meeting, Mayor Fendley moved to Agenda Item 6A. 6A. ORDINANCE NO. 2001-001: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF P ARIS, PARIS, TEXAS, PURSUANT TO SECTION 7 OF THE CITY CHARTER AND SECTION 43.142 OF THE LOCAL GOVERNMENT CODE, DISANNEXING A 313.095 ACRE TRACT OF LAND AT US HWY 271 NORTH FORMING A PORTION OF THE CURRENT OUTER BOUNDARIES OF THE CITY LIMITS OF THE CITY OF PARIS; MAKING A FINDING WITH REGARD TO POTENTIAL REFUNDS OF PROPERTY TAXES TO DISANNEXED LANDOWNERS; 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 Ray and seconded by Council Member Wilson. Motion carried, 7 ayes - 0 nays. Mayor Fendley returned to Consent Agenda Item 5C. r Regular City Council Meeting January 9, 2006 Page 3 Gene Anderson explained that the only change was an update of the list of funds, such as addition of new funds or deletion of old funds no longer used. Upon a motion made by Council Member Manning and a second by Council Member Poston, the Council voted seven (7) for and none (0) opposed to approve and adopt the Consent Agenda, Items 3, 4, 4A, 5, 5A, 5B and 5C as follows: 3. Approval of minutes from previous City Council meetings. (12-12-2005) 4. Receipt of reports and/or minutes from committees, boards, and commissions: A. Historic Preservation Commission. (11-28-05) 5. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2006-001: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING A LETTER OF AGREEMENT BY AND BETWEEN THE CITY OF PARIS AND THE TEXAS HISTORICAL COMMISSION TO QUALIFY THE CITY FOR ELIGIBILITY TO CONTINUE TO PARTICIPATE IN THE MAIN STREET GRADUATE CITY PROGRAM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. B. RESOLUTION NO. 2006-002: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, REAPPOINTING DR. ROBERT MOSEL Y, AND APPOINTING TED GIBSON AS MEMBERS OF THE PARIS-LAMAR COUNTY BOARD OF HEALTH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. C. RESOLUTION NO. 2006-003: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AFFIRMING THAT THE CITY OF PARIS HAS COMPLIED WITH THE REQUIREMENTS OF THE PUBLIC FUNDS INVESTMENT ACT; AMENDING THE CITY'S INVESTMENT POLICY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 6. Consideration of and action on the following ordinances: T Regular City Council Meeting January 9,2006 Page 4 B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF P ARlS, P ARlS, TEXAS, PURSUANT TO SECTION 7 OF THE CITY CHARTER AND SECTION 43.142 OF THE LOCAL GOVERNMENT CODE, DISANNEXING A 120.01 ACRE TRACT OF LAND AT STATE HWY 19/24 FORMING A PORTION OF THE CURRENT OUTER BOUNDARIES OF THE CITY LIMITS OF THE CITY OF PARIS; MAKING A FINDING WITH REGARD TO POTENTIAL REFUNDS OF PROPERTY TAXES TO DISANNEXED LANDOWNERS; 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 Poston and seconded by Council Member Ray. Council Member Wilson said there was an antique business on this property and he did not think they should be disannexing a business. After further discussion, Council Member Ray agreed with Council Member Wilson, in that he did not think they should disannex the business. Council Member Wilson stated he thought the disannexation was to be bottom creek land and flood plain they were disannexing. Tony Williams informed Council if they did not want to disannex the business, they would need to deny this item. A Motion to deny this item was made by Council Member Poston and seconded by Council Member Ray. Motion failed, 0 ayes - 7 nays. C. ORDINANCE NO. 2006-002: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PURSUANT TO SECTION 7 OF THE CITY CHARTER AND SECTION 43.142 OF THE LOCAL GOVERNMENT CODE, DISANNEXING A 691.82 ACRE TRACT OF LAND BETWEEN COX FIELD AND US HWY 82 EAST FORMING A PORTION OF THE CURRENT OUTER BOUNDARIES OF THE CITY LIMITS OF THE CITY OF PARIS; MAKING A FINDING WITH REGARD TO POTENTIAL REFUNDS OF PROPERTY TAXES TO DISANNEXED LANDOWNERS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Tony explained this item was coupled with two aviation easements as set out under the Resolution Section. Tony told Council this was the area of land north of the airport and south of Highway 82 on the east side of town. The State Aviation Commission suggested that we have easements to protect the future extension of the airport. We have acquired aviation easements from the two landowners who own the property, which will restrict the T Regular City Council Meeting January 9, 2006 Page 5 height of which they could build on their property. Council Member Fisher wanted to know if the easements had been signed and Tony answered in the affirmative. Council Member Manning stated that he did not think it was a good ideal to disannex the entire piece of property . A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Poston. Motion carried, 4 ayes - 3 nays, with Council Member Ray, Council Member Manning and Council Member Fisher casting the dissenting votes. D. ORDINANCE NO. 2006-003: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PURSUANT TO CHAPTER 7 OF THE CITY CHARTER AND SECTION 42.023 OF THE TEXAS LOCAL GOVERNMENT CODE, RELEASING A PORTION OF THE EXTRA TERRITORIAL JURISDICTION OF THE CITY OF PARIS, LAMAR COUNTY, TEXAS, THE SAME BEING A TRACT OF LAND FORMING A PORTION OF THE CURRENT OUTER BOUNDARIES OF THE CITY LIMITS OF THE CITY OF PARIS, IN RESPONSE TO THE DISANNEXA TION OF SAID TRACT OF LAND BEING A 691.82 ACRE OF LAND BETWEEN COX FIELD AND US HWY 82 EAST; 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 Wilson and seconded by Council Member Ray. Motion carried, 5 ayes - 2 nays, with Council Member Ray and Council Member Manning casting the dissenting votes. E. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ESTABLISHING A NEW SPECIAL SERVICES DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mayor Fendley informed Council that in order for this item to be considered, they would need to go through proper procedure. Under City Charter, Article I, Section 2-1, Rule 25, it states "When a question has been decided by the Council, any member who voted with the majority may move a reconsideration of the same." A Motion to reconsider this item was made by Council Member Wilson and was seconded by Council Member Poston. Motion carried, 4 ayes - 3 nays, with Council Member Ray, Council Member Manning and Council Member Fisher casting the dissenting votes. Regular City Council Meeting January 9, 2006 Page 6 Tony Williams told Council that we have to process a significant amount of information in our day-to-day business. We have generations of criminal histories, vital statistics, utilities, treatment processes and accounting records. In many ways, our departments have acted independently of each other, making us incompatible with software. Our past history reflects that we are spending about $200,000.00 a year on IT. We do not have a plan as to what we want our system to be, thus we have spent money on computer software that is no longer utilized. We need to have a plan in order to make us more productive and efficient. Tony informed Council that we could save money through our purchasing process. He told Council he was not asking for a budget adjustment, but rather a departmental status. Tony said we have 202 vehicles and 35 pieces of mobile equipment. He said that our maintenance program had consisted of an annual agreement as to who was going to do the oil changes every 3,000 miles. He said there was not a preventive maintenance program, because they were not doing maintenance on brakes, hoses, belts or rear-ends. He said we need a maintenance schedule for our buildings. Council Member Ray said we did away with positions less than a year ago, because we could not afford to keep them. Tony said he needed someone with a expertise level to accomplish development of this plan and that we did not have someone on staff with that level of expertise. Council Member Manning wanted to know if we still had a technology committee and Tony answered in the affirmative. Council Member Wilson said he did not think the technology group understood what was needed, because money was wasted on software that was not compatible. Council Member Manning said he requested additional information; however, he still does not know what line item the money is going to come from, nor does he know how much money we can save. Council Member Manning told Tony he should implement organized purchasing. Council Member Manning informed Council there is a Local Government Assistance Program that would evaluate the City and make recommendations as to the operation. He said there is no fee for this service. Tony said he was familiar with the program, but that we need real dollar savings. Council Member Manning said the evaluation is more than just about money, in that Local Government Code 102.011 states the city budget should be filed with the County Clerk. He further said they could give us suggestions about maintenance and purchasing. Council Member Manning said he did not think that one person could have the expertise in all three areas. Council Member Ray agreed with Council Member Manning. Council Member Ray told Tony he needed to control what the departments were spending. Council Member Wilson said Tony Williams had managed the City well and significantly improved the debt. Council Member Wilkerson said her opposition was not with IT. She stated that she did not think that someone that was knowledgeable to put together a plan, is going to want to supervise the other positions. She said these tasks are already under department heads. Council Member Wilkerson also said the department heads had improved in the last eighteen months, but need Regular City Council Meeting January 9, 2006 Page 7 to tighten up more. A Motion to deny this item was made by Council Member Ray and seconded by Council Member Manning. Motion carried, 4 ayes - 3 nays, with Council Member Wilson, Council Member Poston and Mayor Fendley casting the dissenting votes. 7. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2006-004: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF P ARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A QUITCLAIM DEED FROM THE CITY OF PARIS TO THE MINNIE MASON ESTATE FOR LOT 26, CITY BLOCK 88 LOCATED AT 756 6TH STREETN.W.; 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 Manning and seconded by Council Member Ray. Motion carried, 7 ayes - 0 nays. B. RESOLUTION NO. 2006-005: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF P ARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT FOR E-911 SERVICE AND PSAP EQUIPMENT BETWEEN THE CITY OF PARIS AND ARK- TEX COUNCIL OF GOVERNMENTS; 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 Wilson and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. C. RESOLUTION NO. 2006-006: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF ASSIGNMENT OF LEASE BETWEEN MARK BUSTER AND THE CITY OF PARIS FOR PROPERTY AT COX FIELD AIRPORT TO AIR DIRECT, 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 Ray and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. D. RESOLUTION NO. 2006-007: A RESOLUTION OF THE CITY COUNCIL OF Regular City Council Meeting January 9, 2006 Page 8 THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE APPROVAL AND ACCEPTANCE OF TWO AVIGATION EASEMENTS OVER PROPERTY BELONGING TO ERNEST M. NELSON, JR. AND COSTON INVESTMENT COMPANY, LTD. FOR FUTURE EXTENSIONS OF RUNWAYS AT COX FIELD AIRPORT IN PARIS; 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 Manning and seconded by Council Member Ray. Motion carried, 7 ayes - 0 nays. E. RESOLUTION NO. 2006-008: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF P ARlS, P ARlS, TEXAS, SETTING A PUBLIC HEARING TO CONSIDER A REQUEST FOR WATER SERVICE TO THE AREA ALONG A PORTION OF 42ND STREET S.E., A PRIVATE ROAD, BEGINNING AT OLD CLARKSVILLE STREET AND ENDING ON THE NORTH SIDE OF HIGHWAY 271 SOUTH, WHICH COULD BE BEST SERVED BY A PRO RATA WATER EXTENSION BEGINNING AT OLD CLARKSVILLE STREET TO AN EXISTING MAIN; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mayor Fendley informed Council that this item was previously tabled and asked for a motion to bring the item from the table. Upon a motion made by Council Member Ray and a second by Council Member Fisher, the Council voted seven (7) for and none (0) opposed to remove this item from the table. The motion carried. Tony explained that property owners on one side of the street wanted water service and on the other side of the street was undeveloped land. The question was whether or not we could assess everyone in the cost of the water line, including owners who develop the land at a later date. Texas Municipal League assured us that we have the authority to charge all ofthe property owners. If you approve this item, a public hearing on an assessment will be set for February 13,2006. A Motion to approve this item was made by Council Member Ray and seconded by Council Member Wilson. Motion carried, 7 ayes - 0 nays. 8. Jon Clack presentation on the status of the Water Conservation Plan. -T Regular City Council Meeting January 9, 2006 Page 9 J on Clack informed Council that the lake level had been dropping; however, we were not in a critical water shortage at this time. Due to the drought contingency program, he asked that water customers voluntarily conserve water. Tony Williams requested that the public voluntarily curtail any nonessential water use. Jon told Council that the lake level had dropped below the 80% mark. Council Member Wilson inquired about the next step down. Jon told Council it was 70% and that would bring mandatory compliance with water conservation. 9. Gary Vest presentation and discussion on the Chamber of Commerce and Paris Economic Development Corporation Budgets for 2005-2006. Gary Vest gave a summary ofthe VC&C Budget. Council Member Wilkerson wanted to know how much money he had collected to date. Gary informed Council he did not have that figure with him, but could bring it back to them. Council Member Fisher left the meeting at 7:35 p.m. and returned at 7:37 p.m. Council Member Wilson wanted to know about the budgeted expense of Civic Center Operations of$128,000.00 and where the income side was listed. Gary Vest said it comes out of the hotel/motel occupancy money. Council Member Wilson wanted to know where the rental income is listed. Gary told him it was in the Civic Center Budget. Council Member Wilkerson wanted to know why PEDC did not share in the maintenance cost ofthe building and Gary told her it was not in the budget. Council Member Ray wanted to know how much money was given to the Breakfast Optimist Club and Gary told him $2,500.00. Council Member Ray wanted to know how much money they made off of the baseball state tournament. Gary Vest said it probably was not $2,500.00 in the hotel/motel tax. Gary told Council that the budget is not as exact as the monthly financial statements, because it is a projection of future income. Council Member Ray said he thought it should be exact. Council Member Wilkerson wanted to know what method he used to market the Civic Center to increase user fees. Gary told Council they market it to anyone who comes here for conventions, as well as mail-outs. Gary Vest proceeded with the PEDC Budget. Council Member Ray left the meeting at 8:46 p.m. and returned at 8:48 p.m. Council Member Wilkerson wanted to know the difference between 4A and 4B and how it affects the estimated tax revenue. Gary Vest explained that 4A covers corporations and 4B allows communities to use it for community development. Council Member T Regular City Council Meeting January 9, 2006 Page 10 Wilkerson stated we were a 4A and Gary Vest acknowledged same. She asked about the stipulation of those funds. Gary told Council those funds were to be used for industrial, manufacturing, and warehouse distribution type of projects. Council Member Manning inquired about the check written to C-Tech for $1,000,000.00. He stated that it was his understanding that C-Tech had not complied with the terms of the Agreement, in that they had not met the employee ratio, had not built their building and their stock was oflittle value. Council Member Manning expressed his concern with regard to C- Tech. Gary told Council they met their first deadline. He further informed Council that PEDC extended the incentive agreement, because PEDC had not been able to provide them a site with utilities as set out in the Agreement. Gary said by June 2006, they will have to be in at least a 30,000 square feet building and meet their employment requirement. Council Member Wilson wanted to know what would happen ifthey do not. Gary said C- Tech would have to start repaying the loan. Council Member Ray wanted to know why they are not listing a Paris address under their franchise taxes. Gary said their headquarters are in Minnesota. Council Member Ray stated that four months after signing a contract with PEDC, that C-Tech listed an Addison address and wanted to know why. Gary said he did not know. Council Member Manning said it was of great concern to him that on August 22, 2003, the Secretary of State forfeited C-Tech's charter. Gary Vest said he did not know that and it concerned him too. Council Member Wilson questioned Gary about the loan taken out by PEDC for the benefit of C- Tech. Council Member Wilson asked Gary ifhe borrowed $1,000,000.00 and gave C-Tech $500,000.00 in cash and Gary answered in the affirmative. Council Member Wilson asked if they got $1,500,000.00 in cash and Gary answered in the affirmative. Council Member Wilkerson wanted to know how much new business he brought in this year. Gary said he would have to look at his report, but could bring something back to Council. Council Member Wilson wanted to know why there were $1,500.00 worth of flag poles purchased and charged to travel. Gary said travel was more than just travel. Council Member Wilkerson told Gary he should figure out how to separate the items. Council Member Wilson told Gary that he needed to put everything in the right category. He further told Gary that he had co-mingled three entities and that was causing criticism. Council Member Wilson told Gary he needed to be more sensitive to public requests, because these entities were receiving tax payers dollars. Council Member Wilkerson asked Gary the amount of his total compensation and he informed her that it was $86,000.00. She inquired as to how that was payed. He told her about 60% was covered by PEDC and the remainder was covered by the Chamber. The PEDC also pays for FICA, insurance and retirement. 10. Citizens Forum. No one spoke. T Regular City Council Meeting January 9, 2006 Page 11 11. Consider, discuss, and provide direction to City staff or consider possible action regarding annual evaluation ofthe City Manager and Municipal Court Judge. Mayor Fendley presented the results from the evaluations. He stated that the overall average total for the Manager, Tony Williams, was 3.6 and the overall average total for Municipal Judge, Tom Hunt, was 3.7. He further stated this was on a scale from one to five. Council Member Manning inquired about the section reflecting comments. Mayor Fendley asked Gene if he would get those together and distribute to Council Members. Council Member Wilson said it was difficult to evaluate the Judge, because he does not know about all of the functions of the job. Mayor Fendley thought it was a good ideal for them to review their forms for changes. Council Member Poston suggested they develop something on the basis of the number of cases tried and the amount of dollars brought in. 12. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. N one were referenced. 13. Possible future agenda items. Council Member Manning asked for a discussion item on the trash service. Council Member Poston asked for a discussion regarding the update of employee safety training. Tony Williams asked Council to consider setting a work session regarding employee insurance. Council decided on a date of February 6,2006, at 6:00 p.m. 14. Referrals. 15. There being no further business, the meeting was adjourned. CURTIS FENDLEY, MAYOR T Regular City Council Meeting January 9, 2006 Page 12 JANICE ELLIS, CITY CLERK T