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02 City Council Min 3-13-06 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS March 13, 2006 The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, March 13,2006, 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 1. Mayor Fendley called the meeting to order. 2. Receipt of report from the Planning & Zoning Commission. A. Consideration of and action on the Replat for Lot 1, Block 3 of the Kinzie A. Pickiard Addition, being number 1020 7 1/2 Street N.E. Subject to the Engineer's recommendations, A Motion to approve this item was made by Council Member Manning and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. B. Consideration of and action on the Final Plat for Lot I, Block I of the CVS Addition, being number 507 Clarksville Street. Subj ect to the Engineer's recommendations, A Motion to approve this item was made by Council Member Wilkerson and seconded by Council Member Ray. Motion carried, 7 ayes - 0 nays. CONSENT AGENDA Mayor Fendley inquired if there were any items that Council Members wanted to pull from the Consent Agenda for discussion. There were none. Upon a motion made by Council Member Wilson and a second by Council Member Fisher, the Council voted seven (7) for and none (0) opposed to approve and adopt the Consent Regular City Council Meeting March 13, 2006 Page 2 Agenda, Items 3, 4A, 4B, 4C, 4D and 5A, as follows: 3. Approval of minutes from previous City Council meetings (2-20-06 Special Meeting; 2-27-2006). 4. Receipt of reports and/or minutes from committees, boards, and commissions: A. Building and Standards Commission. (02/20/06) B. Historic Preservation Commission. (02/27/06; 03/08/06) C. Civil Service Commission (01117/06). D. Traffic Commission (03/07/06). 5. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2006-037: A RESOLUTION OF THE CITY-OF PARIS, PARIS, TEXAS, APPROVING THE ASSIGNMENT OF THE AMENDED LEASE AGREEMENT FOR LEGION AIRPORT PROPERTIES WEST OF NORTHWEST 19TH STREET, PARIS, TEXAS, DATED FEBRUARY 13, 2006, BETWEEN THE CITY OF PARIS AND COX SOUTHWEST HOLDINGS, L.P.; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 6. Consideration of and action on the following ordinances: A. ORDINANCE NO. 2006-011: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS; ESTABLISHING A MAXIMUM, REASONABLE, AND PRUDENT RATE OF SPEED IN THE AREA OF PUBLIC SCHOOLS ON CERTAIN PORTIONS OF CERTAIN STREETS AND HIGHWAYS AND PUBLIC PLACES IN THE CITY OF PARIS; PROVIDING FOR A FINE NOT TO EXCEED $200.00; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE OF APRIL 1,2006. Regular City Council Meeting March 13, 2006 Page 3 A Motion to approve this item was made by Council Member Wilkerson and seconded by Council Member Manning. Motion carried, 7 ayes - 0 nays. B. ORDINANCE NO. 2006-012: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS BE AMENDED BY REVISING THE TRAFFIC MAP ADOPTED IN PARAGRAPH (b) OF SECTION 31-65 OF SAID CODE; REMOVING 3 ANGLE PARKING SPACES AND REPLACING THEM WITH 2 PARALLEL SPACES; MAKING OTHER FINDINGS AND PROVISIONS RELATE TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF APRIL 1,2006. A Motion to approve this item was made by Council Member Wilkerson and seconded by Council Member Wilson. Motion carried, 7 ayes - 0 nays. C. ORDINANCE NO. 2006-013: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY FO PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE ORDINANCES OF THE CITY OF PARIS BE AMENDED BY REVISING THE TRAFFIC CONTROL MAP ADOPTED IN PARAGRAPH (b) OF SECTION 31-65 OF SAID CODE; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE OF APRIL I, 2006. A Motion to approve this item was made by Council Member Manning and seconded by Council Member Wilson. Motion carried, 7 ayes - 0 nays. D. ORDINANCE NO. 2006-014: 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 SECTIONS 16-22 AND 16-27(0 OF SAID CODE; PROVIDING FOR A NEW DEFINITION OF TIRES AND ESTABLISHING GUIDELINES AND RATES FOR THE PICKUP OF TIRES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND Regular City Council Meeting March 13,2006 Page 4 PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Fisher and seconded by Council Member Wilkerson. Motion carried, 7 ayes - 0 nays. 7. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2006-038: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS ASSOCIATED WITH ENTERING INTO AN INTERLOCALAGREEMENT WITH TML INTERGOVERNMENTAL EMPLOYEE BENEFITS POOL; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Tony Williams informed Council that staff had been pursuing options available with regard to health insurance. He recommended that the City stop the self insurance fund and join with 600 cities in an insurance pool for group health insurance coverage. Susan Smith with TML, gave a presentation which reflected the differences between the current plan and the proposed plan. Ms. Smith told Council that dental and vision coverage would be an option for employees. Tony said that employee coverage will cost the City $331.04 under the new plan, as opposed to $400.00 per employee under the current plan. Tony suggested that the employees be allowed to use that difference for medical expenses. Council Member Wilson said it was time for the City to get out of the insurance business. Council Member Manning told Council he thought this was a good idea and that it would benefit the employees, as well as the City. A Motion to approve this item was made by Council Member Wilkerson and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. B. RESOLUTION NO. 2006-039: A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS ASSOCIATED WITH ENTERING INTO A RUN OUT ADMINISTRATIVE AGREEMENT WITH Regular City Council Meeting March 13, 2006 Page 5 TML INTERGOVERNMENTAL EMPLOYEE BENEFITS POOL; 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 Wilson and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. C. RESOLUTION NO. 2006-040: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS ASSOCIATED WITH ENTERING INTO A CONTINUATION OF COVERAGE ADMINISTRATIVE AGREEMENT WITH TML INTERGOVERNMENTAL EMPLOYEE BENEFITS POOL; 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 Manning and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. D. RESOLUTION NO. 2006-041: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS ASSOCIATED WITH ENTERING INTO A HEALTH REIMBURSEMENT ARRANGEMENT PLAN AND A SECTION 125 FLEXIBLE SPENDING ACCOUNT WITH TML INTERGOVERNMENTAL EMPLOYEE BENEFITS POOL OR OTHER VENDOR; 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 Poston and seconded by Council Member Wilson. Motion carried, 7 ayes - 0 nays. E. RESOLUTION NO. 2006-042: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING RESOLUTION 2005-144 ESTABLISHING GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT INCENTIVES WITHIN THE CITY OF PARIS AND ITS EXTRATERRITORIAL JURISDICTION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Regular City Council Meeting March 13, 2006 Page 6 Tony advised Council that after reviewing two abatement proposals, they found a couple of errors in the Guidelines. He referred Council to the last paragraph of page seven and explained that they could not set the amount for the four year period, because the law requires an annual appraisal. He said the word should be percentage, not amount. He also pointed out that on Exhibit A, personal property should be in the place of real property. He explained that Articles V and IV of page eight should be Articles V and VI. A Motion to approve this item was made by Council Member Poston and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. F. RESOLUTION NO. 2006-043: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, CERTIFYING FUNDING AND SUPPORT FOR THE STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM NOMINATION FORM 2006 WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE APPLICATION TO RECEIVE FUNDING FOR SIDEWALK AND OTHER IMPROVEMENTS IN THE DOWNTOWN AREA; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPT ANCE AND IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Lisa Wright explained this grant would allow for continuation of sidewalks and other improvements in the downtown area. She said that it was an 80/20 match. She said the $200,000.00 match could be in the form of in kind services, donations, materials and services. She said this could be spread over two budget years, because it would take longer than a year to complete the project. Lisa said the grant application was due at the end of April and the City would be advised as to funding in three or four months. A Motion to approve this item was made by Council Member Wilkerson and seconded by Council Member Poston. Motion carried, 6 ayes - I nay, with Council Member Ray casting the dissenting vote. G. RESOLUTION NO. 2006-044: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, CERTIFYING SUPPORT FOR THE STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM NOMINATION FORM 2006 WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE APPLICATION TO RECEIVE FUNDING TO EXTEND THE TRAIL DE PARIS; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND Regular City Council Meeting March 13, 2006 Page 7 IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Earl Erickson, 106 Hideaway Lane, Powderly, Texas, gave Council an overview of the project. He said if they get this grant, it would allow for an eastward three miles extension of Trail De Paris to the eastern edge of Reno city limits. Mr. Erickson told Council according to TxDOT, 20% local funding would be required in the amount of $150,000.00. He explained that it does not have to be in the form of cash, but can be in kind match, such as bridges and the land. A Motion to approve this item was made by Council Member Ray and seconded by Council Member Wilkerson. Motion carried, 7 ayes - 0 nays. H. RESOLUTION NO. 2006-045: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ACCEPTING THE ROUTINE AIRPORT MAINTENANCE PROGRAM (RAMP) GRANT; AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT FOR TXDOT PROJECT NO. AM2006P ARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Council Member Wilkerson inquired as to if the $30,000.00 match was budgeted. Lisa Wright said that the $60,000.00 was available until spent over the next year, which does help match routine maintenance. The routine maintenance expenses have been budgeted. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Manning. Motion carried, 7 ayes - 0 nays. I. RESOLUTION NO. 2006-046: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING ACCEPTANCE OF A GRANT FROM THE TEXAS HISTORICAL COMMISSION FOR A VISIONARIES IN PRESERVATION, TEXAS PRESERVATION TRUST FUND GRANT TO PARTIALLY FUND AMENDMENTS TO THE DESIGN GUIDELINES FOR THE DOWNTOWN HISTORIC DISTRICT; AUTHORIZING ACCEPTANCE OF A GRANT FROM THE MARTHA, DAVID AND BAGBY LENNOX FOUNDATION TO FUND THE REMAINDER OF THE COST OF THE AMENDMENTS TO THE GUIDELINES; APPROVING AND AUTHORIZING GRANT AGREEMENTS INCIDENT TO THE RECEIPT OF SAID FUNDS; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS Regular City Council Meeting March 13, 2006 Page 8 ASSOCIATED WITH THE RECEIPT OF SAID GRANTS; 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 Fisher and seconded by Council Member Wilkerson. Motion carried, 7 ayes - 0 nays. 1. RESOLUTION NO. 2006-047: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PARIS AND HAYTER ENGINEERING, INC. FOR MONITORING UNDER THE 2006 STORMWATER POLLUTION PREVENTION PLAN; 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 Manning and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. Council took a break at 7: 10 p.m. and returned at 7: 15 p.m. 8. Personal Appearance(s) A. Margie Bell - request to rescind the Church Street Historic District Margie Bell, 624 South Church Street, asked Council for removal of the Church Street Historic District designation. She told Council she did not feel the ordinance was fairly enforced, because of how the Wickershams had been treated. 9. Citizens Forum. Melanie Wickersham, 574 S. Church Street - spoke against having a Historic District on Church Street. Kelly Wickersham, 574 S. Church Street - spoke about the Historic Preservation Commission, in that the Commission kept he and his wife from improving their property. Gean Schweers, 5005 Old Clarksville Road - expressed a concern about a blind curve Regular City Council Meeting March 13, 2006 Page 9 on the proposed Trail de Paris. She asked for assurance of traffic control and assurance that her driveway would not be used by the public. Mayor Fendley asked her to get with the City Manager. Sims Norment, 606 S. Church Street - spoke in support of the Historic District Designation. Jackie Cunningham, 820 S.E. 40th - spoke in support of the Wickershams and against the Historic District Designation. Pike Burkhart, 524 S. Church Street - spoke in support of the Historic Preservation Commission. He stated he thought they were fair and were willing to work with people. Arvin Starrett, 629 S. Church Street - spoke in support of the Church Street Historic District. Darren Cunningham, 820 40th Street - spoke in support of the Wickershams and against the Historic District Ordinance. Zoe Hazelwood, 2955 Carson Lane - spoke in support of the fire department and services rendered. Skipper Steely, 801 W. Sherman - spoke in support of the need of Historic District Designations and also the need to compromise. 10. Staff Reports. A. Karl Louis, Police Chief, annual report on status of racial profiling policy. Chief Louis advised Council that the Paris Police Department answered 42,000 calls and out of that number, they had five racial profile complaints. Two of the complaints were unfounded, resolution was reached on one complaint, and officers received intensive counseling with regard to the other two complaints. II. Possible future agenda items. None were referenced. Regular City Council Meeting March 13, 2006 Page 10 12. Referrals. Jim Coplin - Lot 4, City Block 259,2565 E. Cherry. 13. There being no further business, the meeting was adjourned. CURTIS FENDLEY, MAYOR JANICE ELLIS, CITY CLERK