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05 City Council Mtg Min 3-26-07 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS March 26, 2007 The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, March 26,2007, 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: Ernie Clark, Interim City Manager; Kent McIlyar, City Attorney; and Janice Ellis, City Clerk 1. Mayor Manning called the meeting to order. Ernie Clark 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. There were none. Council Member Fendley made a Motion to approve the Consent Agenda and Council Member Fisher seconded the Motion. The Council voted seven (7) for and none (0) opposed to approve and adopt the Consent Agenda, Items 3, 4, 4A, 5A and 5B, as follows: 3. Approval of minutes from previous City Council meetings. (2/26/07 Regular Meeting; 3/6/07 Special Meeting; 3/12/07 Regular Meeting) 4. Receipt of reports and/or minutes from committee, boards, and commissions: A. Paris Economic Development Corporation. (2/19/07) B. Historic Preservation Commission. (1/29/07; 2/14/07; 3/5/07) 5. Interview possible search firms for the position of City Manager. Regular City Council Meeting March 26, 2007 Page 2 A. The Pace Group Executive Search Consultants John Lovorn and Allison Moore of the Pace Group gave a presentation to Council regarding the services of the firm. B. Waters Consulting Group Chuck Anderson of Waters Consulting Group gave a presentation to Council regarding the services of the firm. 6. Citizens Forum. Council Member Fisher left the meeting at 6:36 p.m. and returned at 6:38 p.m. David Hamilton - 3830 FM 195, spoke on behalf of the local NAACP and told Council they did not authorize participation in the demonstration regarding the Cotton case. Mr. Hamilton asked Council to consider appointing a diversity task force. 7. Consideration of and action on the following ordinances: A. ORDINANCE NO. 2007-006: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, PROVIDING THAT SUBDIVISION REGULA TION ORDINANCE NO. 1315, BE AMENDED BY REVISING APPENDIX B, SECTION III. PRELIMINARY PLAT AND SECTION IV. FINAL PLAT OF SAID ORDINANCE; PROVIDING FOR A CHANGE IN THE TIME LIMIT FOR FILING PLATS WITH THE CITY OF PARIS; REPEALING ALL ORDINANCE OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; A Motion to approve this item was made by Council Member Fendley and seconded by Council Member Freelen. Motion carried, 7 ayes - 0 nays. 8. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2007-036: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PARIS AND HAYTER ENGINEERING, INe. FOR MONITORING UNDER THE 2007 STORMWATER POLLUTION PREVENTION PLAN; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Regular City Council Meeting March 26, 2007 Page 3 Ernie Clark informed Council the cost of the services was $3,000.00 and the money was budgeted. A Motion to approve this item was made by Council Member Freelen and seconded by Council Member Gray. Motion carried, 7 ayes - 0 nays. B. RESOLUTION NO. 2007-037: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; ENDORSING CERTAIN LEGISLATIVE CHANGES TO ENHANCE THE COMPETITIVE ELECTRIC MARKET SUPPORTED BY CITIES AGGREGATION POWER PROJECT, INC. (CAPP); 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, 7 ayes - 0 nays. C. RESOLUTION NO. 2007-038: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A MUNICIPAL MAINTENANCE AGREEMENT BETWEEN THE STATE OF TEXAS, AND THE CITY OF PARIS FOR THE MAINTENANCE, CONTROL, SUPERVISION, AND REGULATION OF CERTAIN STATE HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; 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 Ray. Motion carried, 7 ayes - 0 nays. D. RESOLUTION NO. 2007-039: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING ADDENDUM NO. ONE TO THE CONTRACT BETWEEN THE CITY OF PARIS AND THE CHAMBER OF COMMERCE OF LAMAR COUNTY, INC. REGARDING MAINTAINING A VISITORS AND CONVENTION COUNCIL FOR THE PURPOSE OF MANAGING THE MUNICIPAL HOTEL OCCUPANCY TAX FUND; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mayor Manning asked to recuse himself. Council Member Freelen made a Motion to recuse Mayor Manning and Council Member Ray seconded it. Motion carried - 6 ayes, 0 nays. Regular City Council Meeting March 26, 2007 Page 4 A Motion to approve this item was made by Council Member Fendley and seconded by Council Member Free1en. Motion carried, 6 ayes - 0 nays. Mayor Pro Tern Fisher asked for a motion to return Mayor Manning to the meeting. A Motion to return Mayor Manning to the meeting was made by Council Member Ray and seconded by Council Member Free1en. Motion carried, 6 ayes - 0 nays. E. RESOLUTION NO. 2007-040: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING AND APPROVING PHASE II OF THE W ASTEW A TER SYSTEM IMPROVEMENTS FOR THE TEXAS DEPARTMENT OF TRANSPORTATION GRADE SEPARATION OF US 82/US271 (NE LOOP 286) AT PINE MILL ROAD PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Shawn Napier told Council the estimated cost was $200,000.00. He further informed Council the project would be funded from interest earned on required contingency reserves. Council Member Ray inquired if that was the money set aside for Pay Mayes. Ernie Clark said it was his understanding that it was not. A Motion to approve this item was made by Council Member Freelen and seconded by Council Member Fendley. Motion carried, 7 ayes - 0 nays. F. RESOLUTION NO. 2007-041 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, A WARDING THE BID FOR THE PURCHASE OF FOUR (4) BATTERY POWERED HYDRAULIC LIFT AMBULANCE STRETCHERS FOR CITY'S EMERGENCY MEDICAL SERVICES DEPARTMENT; 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 Freelen. Motion carried, 7 ayes - 0 nays. G. RESOLUTION NO.2007-042: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, NOMINATING A CANDIDATE FOR MEMBERSHIP ON THE BOARD OF DIRECTORS OF THE LAMAR COUNTY APPRAISAL DISTRICT TO FILL AN UNEXPIRED TERM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. ......_...~ ,- ! Regular City Council Meeting March 26, 2007 Page 5 A Motion to approve this item was made by Council Member Freelen and seconded by Council Member Ray. Motion carried, 7 ayes - 0 nays. 9. Consideration of and action on discharging the Charter Review Committee from its duties. Kent McIlyar clarified the Charter Review Committee had completed its duties and recommended to Council they be discharged. Council Member Fendley inquired as to educating the public about the Charter Amendments. Upon discharge of the Committee, Mr. McIlyar advised Council that the Committee would be an independent body and could educate the public about the proposed changes to the Charter. A Motion to release the Charter Review Committee from its duties was made by Council Member Wilson and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. 10. Possible future agenda items. Council Member Freelen requested a discussion and action item on the next Agenda regarding the request for permanent right-of-way by Randy Lahman near Lake Crook. 11. Referrals. There were none. 12. Staff Reports. A. Director of Finance report and discussion regarding water deposits. Ernie Clark, Interim City Manager, reported there had been a significant decrease in the amount of charge-offs following the implementation of the increase in water deposits. Council Member Fendley, as well as Council Member Wilson questioned treatment of long time customers with multiple rental properties. Mayor Manning stated a person with rental property could get a floating deposit. Mr. Clark recommended the water deposits be included in the current water/sewer rate study and upon completion, be brought back to Council. It was a consensus of the Council to follow Mr. Clark's recommendation. B. Director of Community Development report on dealing with dust-free parking lots. Lisa Wright presented Council with a report on dealing with dust-free parking lots. Ms. Wright asked Council to review the report and give staff direction. Regular City Council Meeting March 26, 2007 Page 6 Council Member Fendley asked that Council return to item 10. 10. Possible future agenda items. Council Member Fendley requested a discussion and action item on the dust-free parking ordinance be placed on the Agenda for the second meeting in April. 12. C. Police chief report regarding update on police computer aided dispatch system. Chief Louis reported they were in the final stages of the project and planned to bring a proposal to Council within sixty to ninety days. D. City Manager report on city's liability with regard to the firefighters' pension fund. Ernie Clark referred Council to the letter from John Crider. In summary, Mr. Clark said it was the actuary's opinion that the City had none or a very limited liability with regard to the Paris Firefighters' Relief and Retirement Fund. 13. Information items: A. ATMOS Energy Rider GCR - Rate Filing under Docket No. 9400. 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 7:25 p.m. RICHARD MANNING, MAYOR JANICE ELLIS, CITY CLERK