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03 City Council Mtg Min 2-26/07 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS February 26, 2007 The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, February 26, 2007, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Richard Manning Council Members: Curtis Fendley; Mary Ann Fisher, Mayor Pro Tern; Kevin Gray; Jesse James Freelen; and Don Wilson City Staff: Ernie Clark, Interim City Manager; Kent McIlyar, City Attorney; and Janice Ellis, City Clerk Absent: Council Member: Tim Ray 1. Mayor Manning called the meeting to order. Ernie Clark gave the invocation. 2. Pledge of Allegiance. Council Member Fendley 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. There were none. Council Member Fendley made a Motion to approve the Consent Agenda and Council Member Fisher seconded the Motion. The Council voted six (6) for and none (0) opposed to approve and adopt the Consent Agenda, Items 3, 3A, 3B, 4, 4A, 4B, 4C, 4D, 4E, 4F, 4G, 4H, 41, 4J, 4K, and 4L, as follows: 3. Receipt of reports and/or minutes from committee, boards, and commissions: A. Charter Study Committee (1-26-07) B. Paris Economic Development Corporation. (1-9-07; 1-17-07; 2-12-07) 4. Consideration of and action on the following resolutions: . -.., '~'.T' _.-~ .." .. ..,.-. Regular City Council Meeting February 26, 2007 Page 2 A. RESOLUTION NO. 2007-016: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, A WARDING THE BID FOR THE PURCHASE OF HOT MIX COLD LAID ASPHALT, TYPE "A" (COARSE BASE), MATERIALS FROM RK. HALL IN THE AMOUNT OF $43.00 PER TON, FOR USE IN THE STREET DIVISION OF THE PUBLIC WORKS DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. B. RESOLUTION NO. 2007-017: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AWARDING THE BID FOR THE PURCHASE OF HOT MIX COLD LAID ASPHALT, TYPE "B" (FINE BASE), MATERIAL FROM RK. HALL IN THE AMOUNT OF $40.92 PER TON, FOR USE IN THE STREET DIVISION OF THE PUBLIC WORKS DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. C. RESOLUTION NO. 2007-018: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF P ARIS, PARIS, TEXAS, A WARDING THE BID FOR THE PURCHASE OF HOT MIX COLD LAID ASPHALT, TYPE "F" (FINE MIXTURE), MATERIAL FROM RK. HALL IN THE AMOUNT OF $46.57 PER TON, FOR USE IN THE STREET DIVISION OF THE PUBLIC WORKS DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. D. RESOLUTION NO. 2007-019: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AWARDING THE BID FOR THE PURCHASE OF AGGREGATE COVER STONE (TYPE B, GRADE 4, UNCOATED) FROM MARTIN MARIETTA MATERIALS IN THE AMOUNT OF $13.72 PER TON, FOR USE IN THE STREET DIVISION OF THE PUBLIC WORKS DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. E. RESOLUTION NO. 2007-020: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AWARDING THE BID FOR THE PURCHASE OF AGGREGATE COVER STONE (TYPE B, GRADE 5, UNCOATED) FROM MARTIN MARIETTA MATERIALS IN THE AMOUNT OF $14.76 PER TON, FOR USE IN THE STREET DIVISION OF THE PUBLIC WORKS DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. F. RESOLUTION NO. 2007-021: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AWARDING THE BID FOR THE r Regular City Council Meeting February 26, 2007 Page 3 PURCHASE OF AGGREGATE COVER STONE (TYPE B, GRADE 5, COATED) FROM MARTIN MARIETTA MATERIALS IN THE AMOUNT OF $26.40 PER TON, FOR USE IN THE STREET DIVISION OF THE PUBLIC WORKS DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. G. RESOLUTION NO. 2007-022: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AWARDING THE BID FOR THE PURCHASE OF CRS-2 EMULSION ASPHALT FROM SEM MATERIALS IN THE AMOUNT OF $1.44 PER GALLON, FOR USE IN THE STREET DIVISION OF THE PUBLIC WORKS DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. H. RESOLUTION NO. 2007-023: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, A WARDING THE BID FOR THE PURCHASE OF SS-l EMULSION ASPHALT (TACK OIL) FROM ERGON ASPHAL T & EMULSIONS IN THE AMOUNT OF $1.54 PER GALLON, FOR USE IN THE STREET DIVISION OF THE PUBLIC WORKS DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. I. RESOLUTION NO. 2007-024: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF P ARIS, PARIS, TEXAS, A WARDING THE BID FOR THE PURCHASE OF FLEXIBLE BASE MATERIAL (RED ROCK) FROM MARTIN MARIETTA MATERIALS IN THE AMOUNT OF $7.74 PER TON, FOR USE IN THE STREET DIVISION OF THE PUBLIC WORKS DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. J. RESOLUTION NO. 2007-025: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, A WARDING THE BID FOR THE PURCHASE OF FLEXIBLE BASE MATERIAL (WHITE ROCK) FROM MARTIN MARIETTA MATERIALS IN THE AMOUNT OF $8.90 PER TON, FOR USE IN THE STREET DIVISION OF THE PUBLIC WORKS DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. K. RESOLUTION NO. 2007-026: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, A WARDING THE BID FOR THE PURCHASE OF PORTLAND CEMENT CONCRETE FROM COSTON & SON READY MIX IN THE AMOUNT OF $78.00 PER CUBIC YARD FOR CLASS "T Regular City Council Meeting February 26, 2007 Page 4 "A" , $83.00 PER CUBIC YARD FOR CLASS "C", AND $78.00 PER CUBIC YARD FOR PORTLAND CEMENT GROUT, FOR USE IN THE VARIOUS DIVISIONS OF THE PUBLIC WORKS DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. L. RESOLUTION NO. 2007-027: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AWARDING THE BID FOR THE PURCHASE OF SAND FROM MARTIN MARIETTA MATERIALS IN THE AMOUNT OF $8.25 PERTON, FOR USE IN THE STREET DIVISION OF THE PUBLIC WORKS DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 5. Citizens Forum. Ed Seidle - 1563 Pine Bluff - he stated the water deposit of $150.00 was excessive, especially for those owning several pieces of property. He asked Council to review and reconsider the policy. 6. Interview possible search firms for the position of City Manager. A. The Pace Group Executive Search Consultants; B. Johnson & Associates; C. Mercer Group - withdrew their proposal. Mayor Manning informed Council that the representative from Pace Group was unable to attend the meeting, due to a scheduling conflict. Chloe Johnson of Johnson & Associates gave a presentation to Council regarding the services of the firm. Council Member Freelen stated he would like to hear from more than one search firm. He asked if they could reschedule the Pace Group and Mercer Group for presentations. Mayor Manning answered in the affirmative. Ernie Clark informed Council that he would contact both firms to schedule a date. Council Member Fisher recognized Ms. Smith as a citizen who wanted to speak at the Citizens Forum, but was late getting to the meeting. Council Member Fendley made a Motion to move to item number 5 and Council Member Freelen seconded it. Motion carried, 6 ayes - 0 nays. T -.- ~ - Regular City Council Meeting February 26, 2007 Page 5 5. Citizens Forum. Emma Smith - 451 N.W. 4th Street - stated her grandson had his property confisicated during an arrest and wanted to know when they could get it back. Kent McIlyar advised Ms. Smith that Council could not respond, because it was not posted on the Agenda as a discussion item. Ernie Clark asked Ms. Smith to contact either Chief Louis or Kent McIlyar the next day. Mayor Manning moved to item number 7. 7. Consideration of and action on the following ordinances: A. ORDINANCE NO.2007-003: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING THE CITY OF PARIS CODE OF ORDINANCES BY REVISING SECTION 26-1 OF SAID CODE TO AUTHORIZE THE STAFFING LEVELS OF THE POLICE DEPARTMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. Council Member Fendley inquired as to the change. Chief Louis told Council the change was the addition of two patrol officers, because of creation of the Felony Crimes Unit. A Motion to approve this item was made by Council Member Freelen and seconded by Council Member Gray. Motion carried, 6 ayes - 0 nays. 8. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2007-028: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING CONTINUED PARTICIPATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY TXU; AUTHORIZING THE PAYMENT OF TEN CENTS PER CAPITA ($0.10) TO THE STEERING COMMITTEE TO FUND REGULATORY AND RELATED ACTIVITIES RELATED TO THE TXU ELECTRIC DELIVERY; 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, 6 ayes - 0 nays. B. RESOLUTION NO. 2007-029: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING CONTINUED . T .~--.~....._~ .. Regular City Council Meeting February 26, 2007 Page 6 PARTICIPATION WITH THE ATMOS CITIES STEERING COMMITTEE; AUTHORIZING THE PAYMENT OF TEN CENTS ($0.10) PER CAPITA TO THE A TMOS CITIES STEERING COMMITTEE TO FUND REGULA TORY AND RELATED ACTIVITIES RELATED TO ATMOS ENERGY CORPORATION; 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, 6 ayes - 0 nays. C. RESOLUTION NO. 2007 -030: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE CITY MANAGER TO PROPOSE A CASH SETTLEMENT TO PREPAY THE PAT MA YSE RESERVOIR PURCHASE CONTRACT FOR WATER RIGHTS; 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 Wilson. Motion carried, 6 ayes - 0 nays. D. RESOLUTION NO. 2007-031: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE GIRL SCOUT COUNCIL OF RED RIVER VALLEY FOR A CERTAIN AREA ON LAKE GIBBONS PROPERTY; 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, 6 ayes - 0 nays. 9. Receipt and discussion of the independent annual audit. Tom Hensel with the accounting firm of McClanahan and Holmes, presented a report of the independent annual audit to City Council. Specifically, Mr. Hensel referred Council to page 20 and pointed out that the total revenues were $1,749,256.00 more than originally budgeted. He further stated the total expenditures were $1,222,563.00 less than originally budgeted. He also pointed out that the fund balance increased by $2,937,701.00. Council Member Wilson stated that it was important for citizens to know that the City was $3,499,000.00 better offin the general fund than it was a year ago. Tom Hensel reported it was a significant increase. With regard to the water and sewer fund, Mr. Hensel said the City was less than $100,000.00 in the negative compared to $2,500,000.00 in the negative in 2004. - -- - r Regular City Council Meeting February 26, 2007 Page 7 Council Member Wilson inquired about the Firefighters' Relief and Retirement Fund with regard to the city's liability, should the plan administrators make bad investments and the fund gets in trouble. Kent McIlyar said he would research the issue. Council Member Wilson stated that over the past several years, there were people who did not think the city was in financial trouble. He further said the report reflected that two years ago the city had a negative balance of$239,820.00 and currently the city has a positive balance of$7,760,4l0.00. Ernie Clark informed Council he had reviewed the last three audits and the city had made major progress. 10. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. N one were referenced. 11. Possible future agenda items. Mayor Manning asked for an item on the next Agenda accepting the independent annual audit. Council Member Fendley asked for an item on the Agenda to review water deposits and treatment of long-time customers. 12. Information items: A. Receipt of settlement check from Steering Committee of Cities Served by TXU in the amount of $53,626.00. Ernie Clark told Council the City had made a good investment. B. Agreed Judgment between Paris Retirement Village, Ltd. And the Lamar County Appraisal District. C. Update and explanation ofthe City's participation in CAPP (Cities Aggregation Power Project). Council Member Wilson wanted to know the expiration date of the Contract. Gene Anderson told Council the current contract would terminate the end of 2008. Gene also told Council the City had benefitted by being a member, because they had saved approximately $326,000.00. ..- .. T' Regular City Council Meeting February 26, 2007 Page 8 D. Wastewater Contract Settle-Up for Fiscal Year 2005-2006 with Sara Lee Bakery Group. Jon Clack told Council this was the annual settle-up procedure based on a 1985 contract. Council Member Fendley asked if Sara Lee had been placed on notice that the city was going to change the procedures. Jon said he had been talking to them about the changes and that Sara Lee had taken steps to prevent waste from going into the drain. Council Member Wilson said a number of years ago Sara Lee paid one million dollars up-front for treatment space in the city's wastewater plant and in return, the city did not make them put in a pre-treatment plant. Council Member Wilson said they were getting a reduced rate, as a result of money they paid over twenty years ago. Council Member Fendley wanted to know if they had been placed on a time schedule. Jon Clack said they had not been placed on a time schedule. Mayor Manning asked Jon Clack to keep the Council updated on the status. 13. Referrals. Alan Whitley - requested a zoning change for 6245 Clarksville Street. 14. Discussion of and possible action on authorizing the Charter Study Committee to conduct community-wide education program on proposed changes to the City Charter. Kent McIlyar reminded Council of the memo he had forwarded to them, whereby the State prohibits the use of city resources to promote a certain outcome in an election. Council Member Wilson made a Motion to authorize the Charter Review Committee to educate the public with regard to the proposed changes ofthe Charter. Council member Fisher seconded the Motion. Motion carried, 6 ayes - 0 nays. 15. Adjournment. There being no further business, Council Member Fendley made a Motion to adjourn and Council Member Fisher seconded the Motion. The meeting was adjourned at 7:24 p.m. RICHARD MANNING, MA YOR JANICE ELLIS, CITY CLERK -^ ^^T'