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04 City Council Meeting Min 1-8-07 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS January 8, 2007 The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, January 8, 2007, 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: John Lestock, Assistant City Attorney; and Janice Ellis, City Clerk 1. Mayor Manning called the meeting to order. Ronnie Grooms 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 of Lot 1, Block A, Lamar Properties, being located in the 1100 block of 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 Freelen. Motion carried, 7 ayes - 0 nays. 4. Interview candidates for the position of Interim City Manager A. Ernest R. Clark B. James Berzina Mayor Manning informed Council that James Berzina had withdrawn his application. The Council interviewed Ernest Clark and subsequently, Council Member Fisher asked Mr. Clark when he could start. Mr. Clark told Council he could not make a decision to work for the City, until he had spoken to each Council Member separately. . - '~ Regular City Council Meeting January 8, 2007 Page 2 CONSENT AGENDA Mayor Manning inquired if there were any items that Council Members wanted to pull from the Consent Agenda for discussion. Council Member Fisher made a Motion to approve the Consent Agenda and Council Member Fendley seconded the Motion, subject to a correction being to the Minutes of December 11,2006, page 9, item D, as follows: "Council Member Fendley seconded the motion to move item number 12 up." The Council voted seven (7) for and none (0) opposed to approve and adopt the Consent Agenda, Items 6, 7, 7 A, 7B, 7C, 7D, and 7E as follows: 6. Approval of minutes from previous City Council meetings. (12-11-2006; Special Meeting, 12-15-2006; Special Meeting, 12-19-2006; and Special Meeting 12-27-2006) 7. Receipt of reports and/or minutes from committees, boards, and commissions: A. The Charter Study Committee, Paris, Texas. (12-7-06) B. Building and Standards Commission. (12-18-06) C. Main Street Advisory Board. (8-23-06; 9-5-06; 11-15-06) C. Paris Economic Development Corporation. (12-20-06) D. Paris Public Library Advisory Board. (11-15-06) 8. ORDINANCE NO. 2007-001: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF P ARIS, PARIS, TEXAS, PURSUANT TO CHAPTER 7 OF THE CITY CHARTER AND SECTION 43.142 OF THE LOCAL GOVERNMENT CODE, DISANNEXING 727.75 ACRES OF LAND FORMING A PORTION OF THE CURRENT OUTER BOUNDARIES OF THE CITY LIMITS OF THE CITY OF PARIS, LOCATED SOUTHEAST OF THE INTERSECTION OF FM 905 AND FM 1507, IN RESPONSE TO A PETITION FOR SUCH DISANNEXA TION FILED BY 17 PROPERTY OWNERS INVOLVING 29 TRACTS OF LAND; MAKING A FINDING WITH REGARD TO POTENTIAL REFUNDS OF PROPERTY TAXES TO THE AFORESAID DISANNEXED LANDOWNERS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mayor Manning referred Council to the information in their packets. Council Member Wilson said the City provided fire and police; however, needed to install fire hydrants to better serve the citizens. He stated the cost to install the hydrants would be approximately T Regular City Council Meeting January 8, 2007 Page 3 $10,000.00. Council Member Wilson further stated the City could not provide sewer unless there was more development. He said he would like to look at the offset between the taxes they had to pay and how much their insurance rates would go up, should they be disannexed. Council Member Freelen stated they had not set any criteria for disannexations and that they should do so for future applications. A Motion to approve this item was made by Council Member Freelen and seconded by Council Member Ray. Motion carried, 5 ayes - 2 nays, with Council Member Fisher and Council Member Wilson casting the dissenting votes. 9. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2007-001: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING TRANSFER OF THE FILES AND LEGAL REPRESENTATION BY MONTE AKERS FOR THE CITY OF PARIS CHARTER AMENDMENT PROJECT FROM THE LA W FIRM OF BOVEY, AKERS & BOJORQUEZ TO AKERS & BOULEWARE-WELLS; 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 Freelen. Motion carried, 7 ayes - 0 nays. B. RESOLUTION 2007-002: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, REAPPOINTING DR. DA VID CARPENTER, MRS. DENISE WILLIAMS, MR. LARRY REAVES, DR. GORDON B. STROM, JR., AND DR. CAROLINE WILSON AS MEMBERS OF THE PARIS-LAMAR COUNTY BOARD OF HEAL TH; 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. C. RESOLUTION NO. 2007-003: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF CONTRACT CHANGE ORDER NOTICE NO. 002A FOR PUBLIC HEAL TH SERVICES, DSHS DOCUMENT NO. 7560022067-2007-02 (ATTACHMENT NO. 002A) IMMUNIZATION BRANCH - LOCALS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. T Regular City Council Meeting January 8, 2007 Page 4 A Motion to approve this item was made by Council Member Fisher and seconded by Council Member Freelen. Motion carried, 7 ayes - 0 nays. D. RESOLUTION NO. 2007-004: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AFFIRMING THAT THE CITY OF PARIS HAS COMPLIED WITH THE REQUIREMENTS OF THE PUBLIC FUNDS INVESTMENT ACT; AMENDING THE CITY'S INVESTMENT POLICY; 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 Gray. Motion carried, 7 ayes - 0 nays. E. RESOLUTION NO. 2007-005: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AWARDING THE BID FOR CITY DEPOSITORY FOR THE PERIOD BEGINNING MARCH 1,2007 AND ENDING FEBRUARY 28, 2009; AUTHORIZING THE EXECUTION OF A CONTRACT UPON THE TERMS AND CONDITIONS SET OUT IN THE INSTITUTION'S BID; 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. F. RESOLUTION NO. 2007-006: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ACCEPTING THE ROUTINE AIRPORT MAINTENANCE PROGRAM (RAMP) GRANT; AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT FOR TXDOT PROJECT NO. AM 2007P ARIS; 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 Freelen and seconded by Council Member Fendley. Motion carried, 7 ayes - 0 nays. G. RESOLUTION NO. 2007-007: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, GRANTING THE EXERCISE OF OPTION TO RENEW THE PASTURE LEASE AGREEMENT WITH CAREY EA THERL Y FOR THE PROPERTY LOCATED AT COX FIELD AIRPORT FOR AN ADDITIONAL FIVE (5) YEARS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. T- Regular City Council Meeting January 8, 2007 Page 5 Lisa Wright explained that Carey Eatherly was exercising his option to renew the lease and upon expiration of the renewed lease, it would go out for bid. A Motion to approve this item was made by Council Member Fisher and seconded by Council Member Gray. Motion carried, 7 ayes - 0 nays. H. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING A PERSONAL AND PROFESSIONAL SERVICES AGREEMENT WITH A PERSONNEL CONSULTING FIRM TO CONDUCT A PERSONNEL SEARCH FOR CITY MANAGER CANDIDATES FOR THE POSITION OF CITY MANAGER OF THE CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mayor Manning explained the reason he wanted to go with The Pace Group was because they did an outstanding job for PEDC. Council Member Wilson said he would like to look at several firms and determine which was the best. Council Member Fisher agreed with Council Member Wilson. Mayor Manning said that he would contact several firms and schedule them for presentations before Council. A Motion to table this item was made by Council Member Fendley and seconded by Council Member Wilson. Motion carried, 7 ayes - 0 nays. 10. Personal Appearances A. Bill Strathern - regarding the results of the City of Paris Public Opinion Survey. Mr. Strathern reported that 2,500 surveys were turned in and contained over 1,000 written comments. He stated the survey would help in developing a Strategic Business Plan, a guide to the City's future. Mr. Strathern presented Council with a handout outlining the collected information. B. William Conder - regarding C-Tech. Mr. Conder reported to Council that C- Tech's corporate charter had been forfeited several times for being delinquent on their franchise taxes. He expressed concern about the amount of money PEDC had loaned C- Tech, the extensions granted to C- Tech, and C- Tech's failure to comply with the Incentive Agreement. T Regular City Council Meeting January 8, 2007 Page 6 11. Citizens Forum. Bill Strathern, 4905 Trails End - he stated that the City needed to have a Strategic Business Plan prepared. He further stated PEDC was requested in 1993 to prepare one, but that it was not done. 12. Mayor Manning convened the Council into Executive Session at 7:36 p.m. pursuant to Section 551.071 ofthe Texas Government Code, Consultation with Attorney, to receive advice oflegal 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 matter: A. Jim Bell vs. The City of Paris, Texas, Cause No. 75213, pending in the 62nd Judicial District Court of Lamar County, Texas. 13. 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 7:55 p.m. and stated there was no action to be taken. 14. Discussion and possible action regarding goals and objectives of the City of Paris and the City Council - requested by Council Member Wilson. Council Member Wilson said he requested this item, because he thought it was a good ideal for the Council to set goals and objectives. Upon hiring of an interim City Manager, he suggested they discuss setting goals and objectives. Mayor Manning agreed with Council Member Wilson. 15. Discussion regarding City Council Members giving City employees work direction - requested by Council Member Freelen. Council Member Freelen said he did not think that Council had the right to give work direction to employees. Mayor Manning reminded everyone of Section 23 of the City Charter. 16. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. None were referenced. .,. _-_ .... u,._, Regular City Council Meeting January 8, 2007 Page 7 17. Possible future agenda items. Council Member Fendley said he previously asked that an item be placed on the Agenda to consider rehiring Tony Williams. He stated that he had changed his mind, because he had spoken with Tony Williams and they needed to move the Community forward. Mayor Manning asked for a discussion and possible action item regarding the new city attorney. He scheduled a special meeting for Tuesday, January 16,2007. Council Member Freelen asked for a discussion item regarding the amount of money spent on legal fees and consulting fees. 18. Staff Reports. A. Gene Anderson regarding Water Rights at Pat Mays Lake. Gene Anderson reported that the contract with the Corp of Engineers did not allow for a lump sum payment toward the outstanding principal. He told Council that the City was currently paying on Spaces 1 and 2, but not on Spaces 3, 4 and 5. He stated that the total owed for Spaces 1 and 2 was $800,258.00 with the final payment for Space 1 being made in 2017 and the final payment for Space 2 being made in 2027. Gene further told Council the total amount owing for Spaces 3, 4 and 5 was $9,350.296.00. Council Member Fendley said they should look at a shorter pay-out plan. Gene told Council he could run the figures on a five year, ten year and fifteen year pay-out plan. B. Jon Clack regarding Drought Contingency Plan. Jon Clack reported that the lake level was at 82% and if it stayed at that level for a few more days, he would be recommend moving out of the Drought Contingency Plan. C. Lisa Wright regarding Annual Preservation Report. Lisa Wright reported to Council that the Historic Preservation Commission participated in the Visionaries in Preservation Program; applied for and received a Visionaries Grant; received a Lennox Foundation Grant; contracted with Main Street Architects to revise the design standards for the commercial and residential historic districts; and considered seventy Applications for Certificates of Appropriateness. T Regular City Council Meeting January 8, 2007 Page 8 19. Referrals. There were none. 20. Adjournment. There being no further business, Council Member Fisher made a motion to adjourn the meeting and Council Member Freelen seconded the Motion. The meeting was adjourned at 8:16 p.m. RICHARD MANNING, MAYOR JANICE ELLIS, CITY CLERK T