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07 City Council Mtg Min 9-11-06 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS September 11,2006 The City Council ofthe City of Paris met for a regular session at 6:00 P. M. Monday, September 11,2006, 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 Free1en; 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. Denise Williams from St. Paul Baptist Church gave the invocation. Mayor Manning asked for a moment of silence in memory of the victims of September 11 tho 2. Pledge of Allegiance. Council Member Ray led the pledge. 3. Receipt of report from the Planning & Zoning Commission. A&B. AN ORDINANCE OF THE CITY COUNCIL FO THE CITY OF PARIS, 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 NEIGHBORHOOD SERVICE DISTRICT (NS) ON LOT 11, CITY BLOCK 70-B, REQUESTED BY JOHN MARK SPENCER, AGENT FOR MONJA G. SMITH, OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO- FAMILY DWELLING DISTRICT (2F); DESIGNATING THE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (NS) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES ORP ARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. Mayor Manning opened the public hearing and asked for anyone speaking in favor of r" Regular City Council Meeting September 11, 2006 Page 2 this item to do so. No one spoke in support of this item. Mayor Manning asked for anyone speaking against this item to do so. The following persons spoke in opposition to this item: Lynn Eggers, 348-17th N.E. Betty Freelen, 1619 Pine Bluff Bee Garmon, 424 N.E.-17th Diana Short, 1531 Pine Bluff With no one else speaking, Mayor Manning 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 ofHouse-Ori Development being located in the 600 Block of 25th St. 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, 7 ayes - 0 nays. D. Consideration of and action on the Final Plat of Lot I, Block A, Archer 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 Fendley and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. E. RESOLUTION NO. 2006-121: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND ACCEPTING THE ASSIGNMENT OF TWO OFF-SITE DRAINAGE EASEMENTS FROM HCRI TEXAS PROPERTIES, LTD FOR THE SIGNATURE SENIOR LIVING DEVELOPMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Council Member Wilson informed Council that his family had previously owned an interest in this property and that he wanted to recuse himself. Council Member Freelen made a motion to recuse Council Member Wilson and Council Member Fisher seconded the motion. Motion carried, 6 ayes - 0 nays. r'- Regular City Council Meeting September 11, 2006 Page 3 Subject to the Engineer's recommendations, a Motion to approve this item was made by Council Member Gray and seconded by Council Member Ray. Motion carried, 6 ayes - o nays. F. Consideration of and action on the Final Plat of Lot I, Block A, Signature Senior Living, being number 750 N. Collegiate. Subject to the Engineer's recommendations, a Motion to approve this item was made by Council Member Gray and seconded by Council Member Fisher. Motion carried, 6 ayes - o nays. Council Member Fisher made a motion to return Council Member Wilson to the meeting and Council Member Freelen seconded the motion. Motion carried, 6 ayes - 0 nays. G. Consideration of and action on the Final Plat of Lots 1,2, and 3, Block A, Santa Fe Crossing, being located in the 1000 Block of North Main. Subject to the Engineer's recommendations, a Motion to approve this item was made by Council Member Fendley and seconded by Council Member Gray. 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 Fisher and a second by Council Member Freelen, the Council voted seven (7) for and none (0) opposed to approve and adopt the Consent Agenda, Items 4,5, and 5A as follows: 4. Approval of minutes from previous City Council meetings. (8/28/06; 8/28/06 Special Budget Work Session) 5. Receipt of reports and/or minutes from committees, boards, and commissions: A. Board of Adjustment. (8/29/06) 6. Consideration of and action on the following ordinances: ,...- Regular City Council Meeting September 11, 2006 Page 4 Tony suggested they vote on the following ordinances collectively, as they each dealt with solid waste collection permits. A. ORDINANCE NO. 2006-029: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO WASTE MANAGEMENT OF TEXAS, FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. B. ORDINANCE NO. 2006-030: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO SANITATION SOLUTIONS,. FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RE~A TED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. C. ORDINANCE NO. 2006-031: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO GLENN AND DEBI BOLYARD D/B/A TRASHY BUSINESS FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve the items was made by Council Member Freelen and seconded by Council Member Wilson. Motion carried, 7 ayes - 0 nays. 7. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2006-122: A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE CITY MANAGER TO CAST THE VOTE FOR THE Regular City Council Meeting September 11, 2006 Page 5 CITY OF PARIS FOR THE TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (WORKERS' COMPENSATION, PROPERTY AND LIABILITY) BOARD OF TRUSTEES ELECTION FOR PLACES 11,12,13 AND 14; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Tony reported to Council that the incumbents were doing a good job and recommended voting for the incumbents. A Motion to approve this item, with the casting of votes for incumbents was made by Council Member Fisher and seconded by Council Member Fendley. Motion carried, 7 ayes - o nays. B. RESOLUTION NO. 2006-123: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF P ARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF CONTRACT CHANGE ORDER NOTICE NO. 01 FOR PUBLIC HEALTH SERVICES, DSHS DOCUMENT NO. 7560022027-2007 (ATTACHMENT NO. 02) IMMUNIZATION BRANCH - LOCALS; 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 Gray and seconded by Council Member Freelen. Motion carried, 7 ayes - 0 nays. C. RESOLUTION NO. 2006-124: A 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 Wilson. Motion carried, 7 ayes - 0 nays. D. RESOLUTION NO. 2006-125: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARS, PARIS, TEXAS, APPROVING ADDENDUM NO. ONE TO THE FOURTH AMENDED LANDFILL SERVICE CONTRACT WITH WASTE Regular City Council Meeting September 11, 2006 Page 6 MANAGEMENT COMP ANY D/B/A B&B EQUIPMENT COMPANY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Tony informed Council that our contract allows Waste Management a rate increase based on the CPI. He further informed Council that Waste Management did not request a rate increase last year. If approved, the cost will be $9.88 per cubic yard. Council Member Wilson inquired as to getting quotes from other landfills. Tony advised the problem with using other landfills was the distance our trucks would have to travel. A Motion to approve this item was made by Council Member Fendley and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. 8. Presentation on the 211 System. Dawn Sheffield, Executive Director, gave a presentation regarding the 211 System. Ms. Sheffield explained the services they provided included rent and utility assistance, food, emergency shelters, employment help, medical and mental health assistance, and transportation information. 9. Citizens Forum Bill Strathern, 4905 Trails End - spoke in support ofa bigger tax exemption for seniors over 65. He said what Council is suggesting with the current tax savings, would only save the senior citizen $17.77. 10. Authorize the City Manager to negotiate a contract with a consultant to assist the City of Paris with amendments to the City Charter. Tony asked Council to consider the three proposals received and give direction as to which firm they wanted to hire. Council Member Ray made a motion to hire Monte Akers. Council Member Gray seconded the motion. Council Member Wilson asked for discussion. Council Member Freelen said he thought the Knight firm seemed the most knowledgeable. Council Member Wilson said his concern in using Monte Akers was that r'. Regular City Council Meeting September 11, 2006 Page 7 he had not done a lot of work in East Texas, specifically with federal court orders. Mayor Manning said TML recommended Monte Akers. Council Member Fisher said the Knight firm did not come to Paris and give a presentation therefore, they did not show an interest. Mayor Manning called for a vote. The Motion carried, 4 ayes - 3 nays, with Council Member Fendley, Council Member Freelen and Council Member Wilson casting the dissenting votes. 11. Discussion and possible action regarding a Local Government Management Review done by the State Comptrollers' Office. Mayor Manning stated he believes that this review will save Paris money. He further stated that he had spoken with Mayor Smith in Marshall and the study helped save Marshall money, at no cost to the taxpayers. Gene Anderson said, "based on his personal experience, the Comptrollers Office sent people to Marshall who were right out of college with no experience". He further said that on one particular issue, he received three telephone calls from three different people inquiring how he performed certain tasks. Gene said this will take up a lot of staff time. Mayor Manning acknowledged the turnover in the Comptroller's Office noting that the study conducted in Marshall was taking place at the same time of the school finance crisis and everyone was called back to Austin. Council Member Fendley stated that he wanted a proposal as to what they would actually be doing. Council Member Fisher inquired as to how there could be a proposal when they were not paying for services. Council Member Fendley reiterated he wanted to know what the review entailed. Mayor Manning stated the City has to be approved prior to any review. Council Member Wilson expressed concern about the City staff time and lack of experience of the staff conducting the review. Mayor Manning said having this review conducted was an opportunity to save money. Council Member Ray made a motion to approve a Local Government Management Review and Council Member Fisher seconded the motion. Motion carried, 4 ayes - 2 nays, with Council Member Fendley and Council Member Wilson casting the dissenting votes. Council Member Freelen abstained from voting. 12. Report from Jon Clack regarding the City of Paris Drought Contingency Plan. Jon Clack gave a presentation to Council regarding the Drought Contingency Plan. He stated that the level of the lake was currently at 69% and that we were still in Stage II of Drought Contingency Plan. r.. Regular City Council Meeting September 11, 2006 Page 8 13. Possible future agenda items. N one were referenced. 14. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. N one were referenced. 15. Mayor Manning convened the Council into Executive Session at 6:48 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 :05 p.m. 16. Reconvene in open session to consider and take necessary action as deemed appropriate regarding those matters discussed in the Executive Session. Mayor Manning reconvened the open session at 7 :06 p.m. John Lestock, Assistant Attorney advised that Council had conferred with counsel for the City and made a decision to file ajoint Plea in Abatement with attorney for the Plaintiff. Council Member Wilson made a Motion to authorize James Rodgers to file a joint Plea in Abatement and Council Member Fisher seconded the motion. Motion carried, 7 ayes - 0 nays. 17. Referrals. Will Biard, agent for Norman and Mary Montgomery - City Block 340, Lots 1, I-A and 2,2940 and 2950 S. Church - requested a zoning change from a Commercial (C) to a Light Industrial (LI). 'r-~.".' .