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04 City Council Mtg Min 6-26-06 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS June 26, 2006 The City Council ofthe City of Paris met for a regular session at 6:00 P. M. Monday, June 26,2006, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Richard Manning Council Members: Tim Ray; Curtis Fendley; Mary Ann Fisher, Mayor Pro Tern; Kevin Gray; and Don Wilson City Staff: Tony N. Williams, City Manager; John Lestock, Assistant City Attorney; and Janice Ellis, City Clerk Absent: Council Members: Jesse James Freelen 1. Mayor Manning called the meeting to order. Mike Shields gave the invocation. 2. Pledge of Allegiance. Bee Garmon led the pledge. CONSENT AGENDA Mayor Manning inquired if there were any items that Council Members wanted to pull from the Consent Agenda for discussion. Council Member Wilson asked that the minutes from June 19, 2006, be corrected to reflect that the meeting began at 5 :00 p.m. Council Member Fendley asked for Item 4.C. to be pulled and discussed. C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING MEMBERS TO THE BAND COMMISSION OF THE CITY OF PARIS, MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FORAN EFFECTIVE DATE. f" Regular City Council Meeting June 26, 2006 Page 2 Council Member Fendley inquired if Patsy Daniels could be appointed to the Band Commission, as he thought she had moved out ofthe City of Paris. Mayor Manning stated that he was not aware she had moved out of the city. Staffwill review the Ordinance and advise the Mayor. A Motion to table item 4.C. was made by Council Member Fendley and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. Mayor Manning asked ifthere were any other items to be pulled for discussion. There were none. Upon a motion made by Council Member Ray and a second by Council Member Wilson, the Council voted six (6) for and none (0) opposed to approve and adopt the Consent Agenda, Items 3, 4, 4A, 4B, 4D, 4E, and 4F as follows: 3. Approval of minutes from previous City Council meetings (6-12-2006; 6-12-2006, Special Work Session; 6-19-2006, Special Meeting). 4. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2006-086: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING MEMBERS TO THE LIBRARY ADVISORY BOARD OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE. B. RESOLUTION NO. 2006-087: A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING ALTERNATE MEMBERS TO THE BOARD OF ADJUSTMENT OF THE CITY OF PARIS, MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE. D. RESOLUTION NO. 2006-088: A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING A MEMBER TO THE TRAFFIC COMMISSION OF THE CITY OF PARIS, MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE. r" Regular City Council Meeting June 26, 2006 Page 3 E. RESOLUTION NO. 2006-089: A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING MEMBERS TO THE VISITORS & CONVENTION COUNCIL OF THE CITY OF PARIS, MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE. F. RESOLUTION NO. 2006-090: A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING MEMBERS TO THE VISITORS & CONVENTION WORK PROGRAM OF THE CITY OF PARIS, MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE. 5. Consideration of and action on the Final Plat for Prospera Place (LaQuinta), being number 3205 Loop 286 N.E. Subject to the Engineer's recommendations, a Motion to approve this item was made by Council Member Fendley and seconded by Council Member Ray. Motion carried, 6 ayes - 0 nays. 6. Consideration of and action on the Preliminary Plat for Lots 5 and 6, City Block 41 (The Hickory House Addition), being number 35 Graham Street. Shawn Napier explained the plan calls for construction of a self contained ice machine. Mayor Manning inquired about the zoning. Lisa Wright stated this property was central zoning, which has a lot of uses. She further stated that the plan meets central zoning. Council Member Ray expressed his concern about the appearance of the structure, and being so close to the newly restored courthouse. Lisa told Council it was not in the historic district and did not require a certificate of appropriateness. Council Member Wilson stated the only option they had was to approve or disapprove the item. A Motion to deny this item was made by Council Member Ray. The Motion failed for lack of a second. Subject to the Engineer's recommendations, a Motion to approve this item was made by Council Member Wilson and seconded by Council Member Fisher. Motion carried, 5 ayes - 1 nay, with Council Member Ray casting the dissenting vote. 7. Consideration of and action on the Final Plat for Lots 5 and 6, City Block 41 (The Hickory House Addition), being number 35 Graham Street. ,'- Regular City Council Meeting June 26, 2006 Page 4 Subject to the Engineer's recommendations, a Motion to approve this item was made by Council Member Fendley and seconded by Council Member Fisher. Motion carried, 5 ayes - 1 nay, with Council Member Ray casting the dissenting vote. 8. Consideration of and action on the following ordinances: A. ORDINANCE NO. 2006-026: 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 AN 825.08 ACRE TRACT OF LAND ON U.S. HIGHWAY 271 SOUTH, LOCATED SOUTH OF COX FIELD AIRPORT 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 Fendley and seconded by Council Member Wilson. Motion carried, 5 ayes - 1 nay, with Council Member Fisher casting the dissenting vote. B. ORDINANCE NO. 2006-027: 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 116.41 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 Fisher and seconded by Council Member Wilson. Motion carried, 6 ayes - 0 nays. 9. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2006-091: A RESOLUTION OF THE CITY COUNCIL r'. Regular City Council Meeting June 26, 2006 Page 5 OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING CHANGE ORDER NO. THREE AND FINAL TO CONTRACT FOR THE CONSTRUCTION OF DOWNTOWN STREETS CAPE PROJECT - PHASE II, FEDERAL PROJECT STP 2000(615)TE, CSJ-0901-29-017, CONCURRENT~THTHEAPPROVALOFTHETEXASDEPARTMENT OF TRANSPORTATION; 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 Fendley and seconded by Council Member Gray. Motion carried, 6 ayes - 0 nays. B. RESOLUTION NO. 2006-092: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE APPROVAL AND ACCEPTANCE OF AN AVIGATION EASEMENT OVER PROPERTY BELONGING TO BOBBY LEE LEMONS AND KARl ANN LEMONS FOR FUTURE EXTENSIONS OF RUNWAYS AT COX FIELD AIRPORT IN PARIS; 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 Gray. Motion carried, 6 ayes - 0 nays. 10. Presentation by Director of Utilities Jon Clack on the Drought Contingency Plan. Jon Clack reported to Council that the City was in Stage I ofthe Drought Contingency Plan, because Pat Mayse Lake and Lake Crook had fallen below the 80% level of water available to us. He further stated that the City is asking all water customers to voluntarily conserve water. Council Member Wilson inquired how Stage I affected the contract with Lamar County Water Supply . Jon advised that the Contract contained provisions addressing this type of situation and that notice had been sent to Lamar County Water Supply asking them to go into Stage I of the Drought Contingency Plan. 11. Presentation by Police Chief Karl Louis - Status Report on the Felony Crime Unit Grant. Chief Louis said the Police Department had tentatively been approved for approximately a $228,000.00 grant to initiate the Felony Crime Unit. He informed Council r'o Regular City Council Meeting June 26, 2006 Page 6 they had modified the grant. Chief Louis informed Council that he contacted the Governor's Office to ask if they could move the start date to October 1, 2006, because by that time the Police Department will have five more officers out of training and on the street. Chief Louis said he is waiting on final word from Governor's Office, but everything looks good to this point. 12. Discussion of and action on the employment of a full time City Attorney. Mayor Manning suggested that they advertise with the Texas Municipal League and asked other council members for suggestions. Council Member Fendley inquired ifthere was anything pressing or pending at staff level that needed to be addressed. Tony Williams said there was not at this time. Tony said the process would take several months. Council Member Ray said that the City needed to start the process in order to hire a city attorney. A Motion to approve advertising for a city attorney was made by Council Member Ray and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. Tony said staff would start the process of advertising. 13. Personal Appearance(s). A. Wendy McNeal regarding possible ordinance limiting number of pets within the city limits. Wendy McNeal, 250 CR12500, Paris, Texas - asked City Council to consider posing a limitation on how many animals a resident could keep on their property. She stated that she owned rental property on E. Herron Street and that one of the neighbors had in excess of thirty dogs. She further stated that the noise and stench was such that it was bothersome to the other neighbors. Mayor Manning asked Tony to provide information regarding such a type of ordinance. Tony said he would obtain several for the Council's review. B. John Hutchings regarding discount on water rates during the summer months. John Hutchings, 3920 Brandyn Place, Paris, Texas - asked City Council to consider giving a discount during the summer months to water customers. He stated that in the past the City had given incentives for watering in the summer. Regular City Council Meeting June 26, 2006 Page 7 He said that citizens needed relief, because everything was going up in price. 14. Citizens Forum. Leslie Carroll, 604-28th N.W., Paris, Texas - he spoke against have a limitation of pets. He said that he raises dogs and there are laws to take care of the problems described by Ms. McNeal. 15. Possible future agenda items. Tony asked Council to consider the possibility of disannexing part of or all of the airport, as well as the west end of Lake Crook. He stated that the City would still maintain control over the property. Tony specified that the City receives no tax revenue from the properties. He relayed to Council that having a larger geography counts against the City for insurance purposes, because the ISO rating takes into account the geography of the City. Council Member Ray inquired as to if the City leased to anyone in addition to Archers for Christ. Tony told Council the City did not. Council Member Wilson wanted to know what the process entailed. Tony advised the process was not as extensive as the previous disannexations, because the City owned the property. Mayor Manning asked Tony to provide Council with additional information. Council Member Ray inquired about the possibility of disannexing property toward Marvin. He stated that several residents had approached him and asked where they were on the list for disannexations. Mayor Manning stated that Council would need to find out what kind of effect of doing so would have on the tax base. 16. Referrals. There were none. 17. There being no further business, the meeting was adjourned at 6:45 p.m. RICHARD MANNING, MAYOR JANICE ELLIS, CITY CLERK r"