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03 City Council Mtg Min 8-14-06 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS August 14, 2006 The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, August 14,2006, 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. 3. Receipt of report from the Planning & Zoning Commission. A. Consideration of and action on the Preliminary Plat, on Lot 1, Block A, Lamar Plaza, being number 1418 and 1432 Lamar Avenue. 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, 7 ayes - 0 nays. B. Consideration of and action on the Final Plat on Lots 1 and 2, Block A, The Admiral Richardson Comer, being number 505 3rd Street N.W. Subj ect to the Engineer's recommendations, 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. Consideration of and action on the Preliminary Plat of Lot 1, B lock A, Archer r" Regular City Council Meeting August 14, 2006 Page 2 Place, being numbers 537 and 601 6th Street S.E. 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, 7 ayes - 0 nays. CONSENT AGENDA Mayor Manning 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 Fendley, the Council voted seven (7) for and none (0) opposed to approve and adopt the Consent Agenda, Items 4, 5, 5A, and 5B as follows: 4. Approval of minutes from previous City Council meetings. (7/24/06; 7/24/06 Budget Work Session) 5. Receipt of reports and/or minutes from committees, boards, and commissions: A. Board of Adjustment. (7/25/06) B. Building and Standards Commission. (7/17/06) 6. Consideration of and action on the following resolutions: A. ORDINANCE NO. 2006-028: 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 34-29(a) AND 34-30(a) OF SAID CODE; PROVIDING FOR DIFFERENT DUE DATES FOR WATER BILLING; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Gene Anderson explained this ordinance would extend the due date for citizens to pay their water bills, from ten days after billing to fourteen days after billing. r" Regular City Council Meeting August 14, 2006 Page 3 A Motion to approve this item was made by Council Member Free1en and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. 7. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2006-103: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARTS, PARIS, TEXAS, ACKNOWLEDGING FORMAL RECEIPT OF THE 2006 CERTIFIED APPRAISAL ROLL FOR TAX APPRAISAL PURPOSES; 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 Fisher. Motion carried, 7 ayes - 0 nays. B. RESOLUTION NO. 2006-104: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, SETTING A PUBLIC HEARING ON THE CITY MANAGER'S PROPOSED BUDGET FOR FISCAL YEAR 2006-2007; 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. 2006-105: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE ADJUSTMENT OF THE BASE SALARY FOR THE TRAINING OFFICER POSITION WITHIN THE CITY OF PARIS FIRE DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELA TED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Chief Grooms asked Council to reinstate the pay for this position back to the original base salary plus the 2% raise given last year. Mayor Manning inquired as to why it was being brought up at this time, as opposed to being brought up during the budget review process. Chief Grooms stated the individual had completed extensive training and had contributed a lot to the department through his training. Council Member Gray wanted to know what type of pay raise he was asking for the firefighters. Chief Grooms said he submitted in his budget a request for a step plan for increases within the department. Council r.. Regular City Council Meeting August 14, 2006 Page 4 Member Gray asked what the lowest pay projected was in the step plan. Chief Grooms said it was $32,477.00 and that would be for a firefighter who had already completed the probationary period. Council Member Free1en asked if the individual had already been promoted to the position and Chief Grooms answered in the affirmative. A Motion to approve this item was made by Council Member Freelen and seconded by Council Member Ray. Motion carried, 7 ayes - 0 nays. D. RESOLUTION NO. 2006-106: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING CHANGE ORDER NO. ONE AND FINAL TO CONTRACT FOR CONSTRUCTION OF WADE PARK, LAMAR AVENUE, AND 24TH STREET S.E. DRAINAGE PROJECT; 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 Fendley. Motion carried, 7 ayes - 0 nays. E. RESOLUTION NO. 2006-107: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF DSHS DOCUMENT NO. 2006- 020428, FOR REGIONAL AND LOCAL MEDICAL SERVICES; 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 Free1en. Motion carried, 7 ayes - 0 nays. F. RESOLUTION NO. 2006-108: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF P ARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF DSHS DOCUMENT NO. 2007- 020428; FOR REGIONAL AND LOCAL MEDICAL SERVICES; 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 Fendley and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. Regular City Council Meeting August 14,2006 Page 5 G. RESOLUTION NO. 2006-109: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE EXECUTION OF A TAX SALE DEED FOR LOTS3 & 4, BLOCK 2, SPERRY'S FIRST ADDITION, LOCATED AT 839 28TH STREET N.W.; 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 Freelen and seconded by Council Member Wilson. Motion carried, 7 ayes - 0 nays. H. RESOLUTION NO. 2006-110: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT WITH NORTH LAMAR INDEPENDENT SCHOOL DISTRICT FOR PROVISION OF SCHOOL RESOURCE OFFICER SERVICES; 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 Wilson. Motion carried, 7 ayes - 0 nays. I. RESOLUTION NO. 2006-111: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN PARIS INDEPENDENT SCHOOL DISTRICT FOR PROVISION OF SCHOOL RESOURCE OFFICER SERVICES; 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 Freelen and seconded by Council Member Fendley. Motion carried, 7 ayes - 0 nays. J. RESOLUTION NO. 2006-112: A RESOLUTION OF THE CITY COUNCIL 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 DATE. Mayor Manning asked if there were nominations. Council Member Ray made a r- Regular City Council Meeting August 14, 2006 Page 6 motion to appoint Nancy Partridge and Vanessa Preston to the Historic Preservation Commission and was seconded by Council Member Fisher. Council Member Fendley asked for discussion. He stated that the Ordinance reflected all commission members should demonstrate an outstanding interest in the historical conditions of the City and have experience in preservation. Council Member Fendley pointed out that Lisa Wright had grants in which she had to participate in with other organizations and she had to show that the members of that committee have experience in historical preservation. Mayor Manning said they need to give others a chance to serve. Council Member Ray said that Ms. Partridge lives in the historic district. Council Member Fendley suggested that background checks be obtained prior to appointments, because ofthe contents of the ordinance. Mayor Manning said they did not follow that procedure on the other appointments. Council Member Fisher reiterated that no background checks had never been done on any of the other board members. Council Member Fendley expressed concern about violation of the ordinance. Council Member Wilson said if they simply want to make a change, they should look at some of the people who are active in working with the commission. Mayor Manning said he thought that was a good ideal for future vacancies. Motion carried, 4 ayes - 2 nays, with Council Member Fendley and Council Member Wilson casting the dissenting votes. Council Member Freelen abstained from voting. K. RESOLUTION NO. 2006-113: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING A MEMBER TO FILL A VACANCY ON THE BOARD OF ADJUSTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to nominate Bea Garmon was made by Council Member Fendley and seconded by Council Member Wilson. Motion failed, 3 ayes - 4 nays, with Council Member Ray, Council Member Fisher, Council Member Gray and Mayor Manning casting the dissenting votes. A Motion to nominate Chester Martindale was made by Council Member Fisher and seconded by Council Member Ray. Motion carried, 5 ayes - 2 nays, with Council Member Fendley and Council Member Wilson casting the dissenting votes. 8. Appointing an auditor to conduct the Independent Annual Audit as required by Section 35 ofthe Charter of the City of Paris for the fiscal year ending September 30, 2006. roo Regular City Council Meeting August 14,2006 Page 7 Gene Anderson stated his primary concern in reviewing the proposal was the timeliness as to when the report would be due. Based on requirement participation, one of the auditors is requiring the city staff to do substantially more than as requested in the past. Gene further stated the proposal contained language as to if the staff couldn't comply with the additional requirements and the auditor did not meet the report date, the City staff would be at fault. Council Member Ray said it appears that McClanahan and Holmes had more municipal audit experience. He inquired as to how long the City had engaged the services of McClanahan and Holmes. Gene told Council out of the past twenty years, McClanahan and Holmes had performed the audit for seventeen years. Mayor Manning also expressed concerned about the proposal with the timeliness issue. A Motion to appoint McClanahan and Holmes was made by Council Member Ray and seconded by Council Member Wilson. Motion carried, 7 ayes - 0 nays. 9. Personal Appearance(s). A. Herb Campbell, 2552 Clark Lane - regarding Campbell Soup's water usage. Herb Campbell gave a presentation to Council regarding an open valve on a meter bypass line, which resulted in Campbell Soup using water for which they were not billed. Mr. Campbell said he believed that 30,283,933 cubic feet of water was used by Campbell Soup, which would have cost them $175,000.00. Mr. Campbell said that Campbell Soup had care, control and custody of those vaults. Jon Clack reported that he had spoken to the contractor and the contractor felt almost certain that the bypass was closed at the end of construction. Herb Campbell said the contract contained provisions for issues such as these and that the contract should be followed. Tony Williams informed Council he had conferred with R.W. Beck and they were not comfortable in defending the City with regard to this issue. Tony further stated the bypass was open, but the question was how long had it been open and how much water went though the bypass. Council Member Fendley said the problem was in figuring out who left it open. Council Member Wilson suggested they look at the next seven months of water usage and talk to Campbell Soup about splitting the difference. Tony asked Council if they wanted staff to come back at the end of the year. Council Member Wilson answered in the affirmative. 10. Citizens Forum Don Taylor - 515 Bunker, he said that he was amazed that the citizens knew nothing about the loss of water through the open bypass. He did not understand why it took seven months for staff to get training for a confined space. r- Regular City Council Meeting August 14, 2006 Page 8 11. Report from Jon Clack regarding the City of Paris Drought Contingency Plan. J on Clack gave a presentation to Council regarding the Drought Contingency Plan. He stated that the lake was currently at 71 % and unless we had significant rain, we would probably go into Stage II of the Plan by the next council meeting. Stage II differs from Stage I, in that it is mandatory compliance. 12. Report on and discussion of the need for a comprehensive amendment of the Paris City Charter. Mayor Manning said that he had contacted a group through TML who does this kind of work. Tony Williams suggested that Council get Don Edmonds, at no commitment, to explain to Council the procedures necessary for a charter revision. Tony said that Mr. Edmonds had worked with several cities and was knowledgeable of the process. Council Member Fendley said they should start moving toward that direction and look at getting him scheduled for September. Tony said they would have to have several budget workshops and could schedule this item at the same time. Mayor Manning was in agreement in pursuing this process, because of the amount of time it entails. Council Member Gray said he would like to hear from another firm outside of who the city manager was recommending. Council Member Ray agreed with Council Member Gray. Mayor Manning suggested having several different consulting firms before Council to give proposals. 13. Report on and discussion of the following: A. Limiting number of pets B. Dangerous dogs C. Prohibiting pets from City parks Chief Louis referred Council to the information he provided from other cities. He stated that the limit of pets ranged anywhere from four cats and dogs to ten cats and dogs. He said there were exceptions that included breeders, veterinarians and animal hospitals. He further stated that state law prohibits labeling a specific breed as a vicious dog. Kenda Taylor with the Lamar County Humane Society suggested they limit the number of pets to eight. Bobbie Anderson, a volunteer for the Lamar County Humane Society, reiterated Kenda Taylor. Mayor Manning asked for direction to be given to staff. Council Member Freelen said they should begin with the pet limit and then decide whether or not to allow dogs in parks r" Regular City Council Meeting August 14, 2006 Page 9 and public places. Council Member Wilson said they needed to address dangerous dogs and consider requirement of proof of insurance and possible registration of the dog with the City. Chief Louis stated that may want to consider allowing dogs on leashes in the park; however, limiting them from where children play. He further stated they may want to ban animals from walking tracks, because of close proximity. Direction was given to John Lestock to prepare a draft ordinance. 14. Possible future agenda items. Council Member Freelen asked for a report regarding the taxation of the airport hangars. Council Member Ray asked for a discussion and action item regarding the closing of two fire stations. 15. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. None were referenced. 16. Referrals. There were no referrals. 17. Adj ournment. There being no further business, the meeting was adjourned at 8:10 p.m. RICHARD MANNING, MAYOR JANICE ELLIS, CITY CLERK r"