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04 City Council Min 7-24-06 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS July 24, 2006 The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, July 24, 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; Jesse James Freelen; and Don Wilson City Staff: Tony N. Williams, City Manager; John Lestock, Assistant City Attorney; and Janice Ellis, City Clerk 1. Mayor Manning called the meeting to order. Gene Anderson gave the invocation. 2. Pledge of Allegiance. Council Member Ray 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 Fendley asked for clarification on item 5.D. with regard to who was being replaced. The item was pulled for discussion. Council Member Fendley stated the Ordinance contained specific requirements as to who could serve on the Commission. Mayor Manning advised that the positions being replaced were at large positions. Mayor Manning asked if there were any other questions. There were none. 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 approve and adopt the Consent Agenda, Items 3, 4, 4A, 4B, 4C, 5, 5A, 5B, 5C, 5D, 6, 6A, 6B, 6C, 6D, 6E, 6F, 6G, 6H, and 61 as follows: Regular City Council Meeting July 24, 2006 Page 2 3. Approval of minutes from previous City Council meetings. (7/10/06; 7/10/06 Budget Work Session) 4. Receipt of reports and/or minutes from committees, boards, and commissions: A. ParisILamar County Board of Health. (05/30/06) B. Planning & Zoning Commission. (07/10/06) C. Main Street Advisory Board. (6-21-06) 5. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2006-096: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING A MEMBER TO THE TRAFFIC COMMISSION TO SERVE THE UNEXPIRED TERM OF DAVID MIZZEL, WHICH EXPIRES JULY 31,2007; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. B. RESOLUTION NO. 2006-097: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE PARIS ECONOMIC DEVELOPMENT CORPORATION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FORAN EFFECTIVE DATE. C. RESOLUTION NO. 2006-098: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING MEMBERS TO THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF PARIS, MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. D. RESOLUTION NO. 2006-099: A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING MEMBERS TO THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF PARIS, MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DA IE. 1.... Regular City Council Meeting July 24, 2006 Page 3 6. Consideration of and action on the following bids received at public bid openings: A. Furnishing and delivery of Liquid Cationic Polyacrylamide Emulsion (Flocculant) for use in the Wastewater Treatment Plant. B. Furnishing and delivery of Liquid Sulfur Dioxide for use in the Wastewater Treatment Plant. C. Furnishing and delivery of Liquid Chlorine for use in the Wastewater Treatment Plant and Water Treatment Plant. D. Furnishing and delivery of Fluosilicic Acid for use in the Water Treatment Plant. E. Furnishing and delivery of Sodium Hydroxide for use in the Water Treatment Plant. F. Furnishing and delivery of Liquid Alum for use in the Water Treatment Plant. G. Furnishing and delivery of Hydrated Lime for use in the Water Treatment Plant. H. Furnishing and delivery of Liquid Anhydrous Ammonia for use in the Water Treatment Plant. I. Furnishing and delivery of Powdered Activated Carbon for use in the Water Treatment Plant. 7. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2006-100: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF DSHS DOCUMENT NO. 537537537A*2008P-Ol, BETWEEN THE CITY OF PARIS AND THE DEPARTMENT OF STATE HEALTH SERVICES, BUREAU OF VITAL STATISTICS, PROVIDING FOR ON-LINE COMPUTER SERVICES RELATED TO CERTIFICATION OF VITAL STATISTICS SERVICES FOR THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. r- Regular City Council Meeting July 24, 2006 Page 4 A Motion to approve this item was made by Council Member Fendley and seconded by Council Member Ray. Motion carried, 7 ayes - 0 nays. B. RESOLUTION NO. 2006-101: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, THE COMMISSIONERS COURT, LAMAR COUNTY, TEXAS, AND THE PARIS-LAMAR COUNTY HEALTH DEPARTMENT, ACTING BY AND THROUGH THE PARIS-LAMAR COUNTY BOARD OF HEALTH AUTHORIZING THE EXECUTION OF A MEDICAL SERVICES CONTRACT WITH JON K. PLUMMER, M.D.; 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 Fisher and seconded by Council Member Freelen. Motion carried, 7 ayes - 0 nays. C. RESOLUTION NO. 2006-102: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE PROCUREMENT OF EASEMENTS FOR THE TEXAS DEPARTMENT OF TRANSPORTATION GRADE SEPARATION OF US 82/US271 (NE LOOP 286) AT PINE MILL ROAD PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Shawn Napier explained that the City planned to relocate its sewer line prior to TxDOT proceeding with this project. He further explained the sewer line project had been divided into two phases. Shawn informed Council that one easement was needed before beginning Phase I. He further stated the City planned to start Phase I in a couple of months, to be followed by Phase II next summer. Shawn stated that Phase II would require four or five easements and asked for approval of the procurement of those easements. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Fendley. Motion carried, 7 ayes - 0 nays. 8. Citizens Forum. Jake Street - 113 Parc Quest Drive, stated that a new Chamber of Commerce had been formed by a charter and was named Paris Chamber of Commerce. He complained about the manner in which an open records request was handled with regard to the Paris Economic Development Corporation. r"-- Regular City Council Meeting July 24, 2006 Page 5 9. Report on taxing of property at the municipal airport. Council Member Gray left the meeting at 6:36 p.m. and returned at 6:40 p.m. Tony Williams referred Council to the Master Lease Agreement, which was developed in 2001, by the City Attorney. Tony further stated that under the Agreement, the lessee should pay all taxes including ad valorem taxes. Prior to 2001, there were five existing lease agreements and those have been provided to the Lamar County Appraisal District. Tony said the Lamar County Appraisal District is the entity responsible for administering the Property Tax Code and he has asked them to handle this item pursuant to the Property Tax Code. Tony further stated that he believes in the future the property will be included as a taxable item. Council Member Freelen asked for assurance. Tony said that in the next few months, staff would verify that Lamar County Appraisal District has appraised the property and will give Council a status report. 10. Discussion of City action with regard to business permits for persons working out of their homes and contractors without licenses. Tony Williams referred Council to a memorandum included in their packets and said staff would be glad to answer any questions. Mayor Manning stated that several business owners and contractors had approached him about people working out of their homes or garages, thus not paying taxes and insurance as a business. Tony encouraged citizens who see a business they think might be an improper use of a residence, to contact the staff and the staffwill follow-up on the complaint. 11. Receipt of Certified 2006 Appraisal Roll. Tony stated the new taxable value of property has significantly changed from last year. Tony stated that the bulk of the change was due to Florida Power has come off of its tax abatement and that it was approximately $236,000,000.00 of the total value. Council Member Wilson inquired about values placed on all the city and county buildings, pursuant to reviewing the McClanahan and Holmes audit. Council Member Wilson said the person that brought it to his attention was reviewing the difference between the market value and the taxable value. Tony said it was his understanding that all property was valued with regard to market value; however, the taxable value removes exemptions and abatements. r- Regular City Council Meeting July 24, 2006 Page 6 12. Possible future agenda items. Council Member Ray inquired about changing the application and hearing process for zoning items. He stated that citizens are not aware of the hearings until they show up for the meetings. He further stated that Planning and Zoning made decisions on zoning matters just prior to Council hearing the applications. Council Member Wilson said that was not correct. Lisa Wright explained the procedures, in that all citizens are notified through publication in the newspaper and that citizens residing within two hundred feet of the zoning change were notified by letter. Council Member Ray said he was not aware ofthose procedures. Council Member Freelen inquired about the information in their packets regarding what other cities do regarding the animal leash law. He stated they had not addressed the issue on pet limits. For information purposes only, Tony said the police chiefhad contacted the County Attorney in attempt to expedite the two cases on appeal set for hearing. Mayor Manning said once they get the information back from the chief, they can bring it back and take action. Council Member Freelen said they need to include horses too. Council Member Fisher expressed concern about people taking their dogs to the walking tracks and even though they are leashed, there could be a potential problem with dogs getting away from owners and biting someone. Council Member Ray said he did not want to specify a certain breed. Council Member Wilson asked that an item be placed on the next Agenda. 13. Referrals. There were none. 14. Mayor Manning convened the Council into Executive Session at 6:58 p.m. pursuant to Section 551.071 of the Texas Government Code, consultation with Attorney, to receive advice of legal counsel pertaining to pending or possible litigation and to receive advice of legal counsel pursuant to the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, regarding the following matters: A. Jim Bell vs. The City of Paris, Texas, Cause No. 75213, pending in the 62nd Judicial District Court for Lamar County, Texas. Mayor Manning closed the Executive Session at 7 :40 p.m. 15. Reconvene in open session to consider and take necessary action as deemed appropriate regarding those matters discussed in the Executive Session. r-' Regular City Council Meeting July 24, 2006 Page 7 Mayor Manning reconvened the open session at 7 :40 p.m. Mayor Manning stated there was no action to be taken at this time. 16. Adjournment. There being no further business, the meeting was adjourned at 7:41 p.m. RICHARD MANNING, MAYOR JANICE ELLIS, CITY CLERK r'-