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04 City Council Meeting Minutes 10-30-06 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS October 30, 2006 The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, October 30, 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. Shawn Napier 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 to be recused from item 4B, because of a conflict. A Motion to recuse Council Member Fendley was made by Council Member Fisher and seconded by Council Member Ray. Motion carried, 6 ayes - 0 nays. The following items were considered: 3. Approval of minutes from previous City Council meetings. (10/9/06) 4. Receipt of reports and/or minutes from committees, boards, and commissions: A. Paris Economic Development Corporation. (9/25/06; 9/25/06; 10/12/06) B. Historic Preservation Commission. (9/11/06; 9/25/06; 10/12/06) Regular City Council Meeting October 30, 2006 Page 2 C. Airport Advisory Board. (9/21/06) D. Paris Public Library Advisory Board. (9/20/06) Mayor Manning asked if there were any questions regarding the Consent Agenda. Council Member Free1en inquired as to how many of the airport advisory board members own hangars at the airport. Tony said he would obtain the information for Council. Council Member Wilson asked that a discussion item be placed on the next Agenda regarding this subj ect. Upon a motion made by Council Member Fisher 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, 4A, 4B, 4C and 4D set out above. A Motion to return Council Member Fendley to the meeting was made by Council Member Ray and seconded by Council Member Freelen. Motion carried, 6 ayes _ 0 nays. 5. Consideration of and action on the following ordinances: A. ORDINANCE NO. 2006-039: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ESTABLISHING MAXIMUM, REASONABLE AND PRUDENT RATES OF SPEED ON CERTAIN PORTIONS OF CERTAIN STREETS AND HIGHWAYS AND PUBLIC PLACES IN THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; FIXING PENAL TIES FOR VIOLATION HEREOF; DECLARING AN EMERGENCY; 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. B. ORDINANCE NO. 2006-040: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ESTABLISHING MAXIMUM, REASONABLE AND PRUDENT RATES OF SPEED ON CERTAIN PORTIONS OF CERTAIN STREETS AND HIGHWAYS AND PUBLIC PLACES IN THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; FIXING PENAL TIES FOR Regular City Council Meeting October 30, 2006 Page 3 VIOLATION HEREOF; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Freelen and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. C. ORDINANCE NO. 2006-041: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTL Y ARE IN THE EMPLOYMENT OF THE CITY OF PARIS, TEXAS; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. A Motion to approve this item was made by Council Member Freelen and seconded by Council Member Fendley. Motion carried, 7 ayes - 0 nays. D. ORDINANCE NO. 2006-042: 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 SECTION 12-1 OF SAID CODE TO AUTHORIZE THE STAFFING LEVELS OF THE FIRE DEPARTMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING 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. 6. Personal Appearance(s) A. Representative for Southern Disposal, Inc. regarding Solid Waste Hauler Permit. Clinton Lewis with Southern Disposal, asked for renewal of the solid waste hauler permit. He said they own their own disposal site. Council Member Fendley asked where the disposal site was located. Mr. Lewis said it was north of Hugo and south of Antlers, Regular City Council Meeting October 30, 2006 Page 4 Oklahoma. Council Member Fendley inquired as to ifit was an approved site, to which Mr. Lewis answered yes. Council Member Wilson stated Council was looking at information that reflected he was cited in 1998 for violations ranging from 1994 to 1997. Council Member Wilson said the information also reflected that Mr. Lewis had agreed for a post closure for $811,000.00. Mr. Lewis said it had been taken care of. Council Member Wilson said that subsequently Mr. Lewis was cited for non-payment. Mr. Lewis said that was many years ago and it had been taken care of. Mr. Lewis said it was an argument over the amount of money the State of Oklahoma wanted from Southern Disposal and they reached a compromise. Council Member Fendley ask that he provide documentation to the City Manager. Council Member Wilson told Mr. Lewis his permit wasn't renewed because of non-payment. Council Member Fendley questioned the validity of the insurance certificate, because it did not contain a policy number nor an expiration date. Council Member Ray expressed the same concern. B. Weldon Houchins regarding deed restrictions. Weldon Houchins, 2520-3rd S.E. - wanted to know who enforced deed restrictions. He said a building permit had been issued for aI, 120 square foot home, with no garage and no carport. He said this size home was not in compliance with the deed restrictions. John Lestock informed Council the property owner was responsible for hiring their own attorney and going to District Court to enforce deed restrictions. Council Memb.er Wilson asked that a discussion item regarding the city enforcing deed restrictions be placed on the next Agenda. 7. Citizens Forum. No one spoke. 8. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO SOUTHERN DISPOSAL, INC., FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING OR TRANSPORTING SOLID WASTE FOR 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. Mayor Manning expressed his concern with regard to not only past collection of fees due to the City by Southern Disposal, but future collections as well. Council Member Gray Regular City Council Meeting October 30, 2006 Page 5 asked Mr. Lewis why he got behind on his payments. Mr. Lewis said in 2004, his accountant left and he thought the fees had been paid. Council Member Fendley said based on prior history and the insurance certificate, he did not see how Council could approve the permit. A Motion to deny this item was made by Council Member Fendley and seconded by Council Member Ray. Motion carried, 7 ayes - 0 nays. Council Member Wilson inquired as to removal of Southern Disposal's equipment from the City. Tony Williams asked Clinton Lewis what kind of schedule he was proposing to remove his containers from the City. Clinton Lewis said Southern Disposal had a property right that had been established to these commercial customers. He said it would go to the attorneys, the attorneys would file the lawsuit, and it would go to Court. He said they had a property right to the customers and the City would have to buy them from him. Tony Williams informed Clinton Lewis that the City would move immediately to take the appropriate legal action. 9. Discussion with the Charter Review Consultant concerning items the City Council and the Consultant believe need to be introduced into the process of amending the City Charter. Monte Akers with Bovey, Akers and Borjorquez, gave a presentation to Council with regard to the charter review process. The City Charter states that a Charter Election must be held at the same time as the Municipal Election, which is in May. The election will need to be called no later than March 11, 2006, for the May election. He said Council would need to decide if they want to adopt a new Charter or amend the Charter. If Council wants to adopt a brand new Charter, then the election cannot take place until May 2008. When you adopt a new Charter, you have to elect a Charter Commission. Council would have to elect a Charter Commission in May 2007, at the Municipal Election and then hold the Charter Election in May 2008. Mr. Bovey recommended an amendment to the Charter and outlined a seven step process as follows: 1. Identify all the potential issues; 2. Presentation of prioritized list from Mr. Akers to Council; 3. Council consider the list and identify what they consider priorities and appoint Charter Committee; 4. Adopt an ordinance identifying the amendments and call the election; 5. Educational process; 6. Public Hearings; Regular City Council Meeting October 30, 2006 Page 6 7. Election. Mayor Manning said he thought the first step should be to have Mr. Bovey and city staff get together and prioritize the list, then come back to Council. Council Member Ray said he thought Mr. Bovey should meet with the Committee about the Amendments, then come back to Council. He further stated he did not want it to appear that Council was amending the Charter for their benefit. Council Member Wilson expressed concern about the Committee selection being political. He suggested that each Council Member should put one person on the committee and then vote on persons from a list of names submitted by each Council Member to make-up the remainder of the Committee. He further suggested that they not allow former Council Members or former employees participate on the Committee. Council Member Wilson said this process would allow Mr. Bovey, the staff and Committee to work together and bring something to Council for consideration. Council Member Ray agreed with Council Member Wilson. Council Member Fendley stated the Committee would need guidance, because most of them probably had never read the Charter. Mayor Manning was in agreement. Mr. Bovey advised Council they needed to decide whether they wanted to a create a new Charter or make amendments to the current Charter. It was a consensus that Council wanted to make amendments to the current Charter. Mayor Manning clarified with Mr. Bovey that he and staff would get together and identify the potential issues, then come back to Council and select a committee, and start the process. Tony inquired of Mr. Bovey as to what size committee they should select. Mr. Bovey's opinion was that the Committee should not consist of more than nine persons. Council Member Wilson said in addition to one appointment by each Council Member, they should have three or four at large. Council Member Gray asked that Council be kept up to date on the status. 10. Discuss Disannexation in the area ofFM 905. Tony provided Council with information regarding property in which owners have requested to be disannexed in the area of FM 905. Council Member Freelen said he was concerned about starting a trend with other property owners. Mayor Manning expressed the same concern, as did Council Member Fendley. Council Member Ray said Council shouldn't say no to these property owners, when they have already disannexed other property. Mayor Manning asked Shawn Napier to identify all property in the City that is not currently being provided full services and what it would cost to provide full services. Council Member Wilson said there were other factors to consider, such as consideration of future potential development. Council Member Ray said most of the people in this area have lived there for a long time and would continue to do so without further development. Council Member Wilson inquired about insurance classification. Tony said right now they are in a class three, but if disannexed they would be a class ten. Council Member Freelen stated that the Regular City Council Meeting October 30, 2006 Page 7 residents wouldn't have city police and fire coverage and that had not been factored in. Council Member Wilson said Council had disannexed a lot of property, and most of it had been agriculture with very few houses. 11. Report from Jon Clack regarding the City of Paris Drought Contingency Plan. Jon Clack reported to Council that the City was still in Stage II of the Drought Contingency Plan and the lake levels were at 68%. 12. Possible future agenda items. Council Member Wilson requested a discussion item on how many airport advisory board members owned hangars as referenced above. Council Member Wilson requested a discussion item be placed on the next Agenda regarding the City enforcing deed restrictions as referenced above. Council Member Gray requested that the annual evaluations of the city manager, city attorney and city judge be placed on the next Agenda. Council Member Ray requested an item discussing a possible ordinance be placed on the next Agenda with regard to regulating the places that buy scrap metal and copper. Council Member Ray requested a discussion and possible action on an ordinance specifying rules and regulations for wrecker services, and possibly a limit to them. 13. Referrals. There were none. 14. Adjournment. There being no further business, Council Member Freelen made a Motion to adjourn and Council Member Ray seconded the Motion. The meeting was adjourned at 7:23 p.m. RICHARD MANNING, MAYOR