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04-A City Council Mtg Min REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS September 24, 2007 The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, September 24,2007, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Jesse James Free1en Council Members: Mary Ann Fisher; Will Biard; Mary Ann Fisher; Don Wilson; and Stephen Brown City Staff: Kent McIlyar, City Attorney and Janice Ellis, City Clerk Absent: Council Members: Kevin Gray and Bill Strathern City Staff: Kevin Carruth 1. Call meeting to order. Mayor Free1en called the meeting to order at 6:00 p.m. 2. Pledge of Allegiance and invocation. Gene Anderson gave the invocation and Keeton Raney of Boy Scouts Troop 3990 led the pledge. 3. Citizens Forum. Lloyd Fry, Shiloh Street - he said that Walker Park was overdue for mowing by seven or eight weeks. He further said it had been a reoccurring problem over the last three years. Oscar Johnson, 719 Ash Street - spoke about the poor quality of water lines, high weeds and grass growing between curbs and gutters on 8th N.E. and Ash Street. Council Member Brown stated Mr. Fry had been before Council a couple of weeks ago regarding this subject matter. Mayor Freelen said he would address it with the City Manager. 4. CONSENT AGENDA Mayor Freelen informed Council he wanted to pull item 4B(4) from the Consent Agenda for discussion. B(4) RESOLUTION NO. 2007-113: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF THE .. W' Regular City Council Meeting September 24, 2007 Page 2 FIFTH AMENDED LANDFILL SERVICE CONTRACT BETWEEN THE CITY OF PARIS AND WASTE MANAGEMENT OF TEXAS, INC., SUCCESSOR-IN-INTEREST TO WASTE MANAGEMENT COMPANY D/B/A B&B EQUIPMENT COMPANY; 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 Biard and seconded by Council Member Fisher. Shawn Napier stated Kevin Carruth had negotiated the contract and the term was for three years with a three year renewable. He also said the rates would remain the same as in the current contract. In addition, Waste Management will provide a truck and workers for the KPB "Trash Off' and the brush truck will be allowed to dump six loads at the demolition rate of $28.00 per ton. Council Member Wilson inquired about the surcharge. Mr. Lantrip stated there should be no surcharge added unless it was a pass through government surcharge on the landfill. Motion carried, 5 ayes - 0 nays. Council Member Wilson made a Motion to approve the remainder of the Consent Agenda and Council Member Brown seconded the Motion. The Council voted five (5) for and none (0) opposed to approve and adopt the Consent Agenda, Items 4A, 4B(1), 4(B)2, 4B(3), 4C(1), 4C(2), and 4C(3) as follows: A. Approval of minutes from previous City Council meetings (Budget Workshop 9/5/07; Special Meeting 9/5/07; Budget Workshop 9/10/07; Regular Meeting 9/10/07; Budget Workshops, 9/11/07 and 9/12/07). B. Consideration of and action on the following resolutions: (1) RESOLUTION NO. 2007 -114: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE DEPARTMENT OF STATE HEALTH SERVICES ("DSHS") DOCUMENT NO. 2008-024494 (PROGRAM ATTACHMENT NO. 001- RLSS - LOCAL PUBLIC HEALTH SYSTEM), FOR REGIONAL AND LOCAL MEDICAL SERVICES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. (2) RESOLUTION NO. 2007-115: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE DEPARTMENT OF STATE HEALTH SERVICES ("DSHS") DOCUMENT NO. 2008-024359 -. 'If' Regular City Council Meeting September 24, 2007 Page 3 (PROGRAM ATTACHMENT NO. 001 - CHS - PRIMARY HEALTH CARE), FOR REGIONAL AND LOCAL MEDICAL SERVICES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. (3) RESOLUTION NO. 2007-116: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE DEPARTMENT OF STATE HEALTH SERVICES ("DSHS") DOCUMENT NO. 2008-024100 (PROGRAM ATTACHMENT NO. 001 - CHS - PRENATAL SERVICES), FOR REGIONAL AND LOCAL MEDICAL SERVICES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. C. Consideration of and action on the following ordinances: (1) ORDINANCE NO. 2007-031: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO SANITATION SOLUTIONS, FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND/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. (2) ORDINANCE NO. 2007-032: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO WASTE MANAGEMENT, INC., FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND/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. (3) ORDINANCE NO. 2007-033: AN ORDINANCE OF THE CITY COUNCIL -. If Regular City Council Meeting September 24, 2007 Page 4 OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO GLENN AND DEBI BOLYARD, DBA TRASHY BUSINESS, FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND/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. 5. Consideration of and action on the following ordinances: A. ORDINANCE NO. 2007 -034: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO TRANSFER FUNDS FROM UNENCUMBERED APPROPRIATION BALANCES TO OVER-EXPENDED ACCOUNTS; 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 Wilson and seconded by Council Member Fisher. Gene Anderson outlined the budget amendments for 2006-2007, as set out in Exhibit "A" attached hereto. Motion carried, 5 ayes - 0 nays. B. ORDINANCE NO. 2007-035: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 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 DATES. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Biard. Motion carried, 5 ayes - 0 nays. C. ORDINANCE NO. 2007-036: AN ORDINANCE OF THE CITY COUNCIL -. 'If' Regular City Council Meeting September 24, 2007 Page 5 OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC CONTROL MAP ADOPTED IN SECTION 31-65 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; EXTENDING THE EXISTING CENTER LEFT TURN LANE IN THE 200 BLOCK OF STONE AVENUE WEST TO ALLOW LEFT TURNS INTO THE MAIN DRIVE OF NORTH LAMAR HIGH SCHOOL; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENAL TY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Brown. Motion carried, 5 ayes - 0 nays. D. ORDINANCE NO. 2007-037: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC CONTROL MAP ADOPTED IN SECTION 31-65 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; ESTABLISHING NO PARKING AREAS ON THE WEST SIDE OF THE SE 1 ST STREET IN THE 300 BLOCK, LOCA TED ON EACH SIDE OF THE DRIVEWAY AT THE REAR OF CHURCH OF THE HOLY CROSS WHICH IS LOCATED ON 322 SOUTH CHURCH STREET; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Fisher and seconded by Council Member Biard. Motion carried, 5 ayes - 0 nays. E. First Reading - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY PARIS, TEXAS, GRANTING TO STEVE B. RANEY AND WENDY L. RANEY, DBA YELLOW CAB COMPANY, AN EXTENSION OF AN EXISTING FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR A PERIOD OF THREE (3) YEARS, BEGINNING JANUARY 11,2008, THE DATE OF TERMINATION OF THE EXISTING FRANCHISE, AND ENDING JANUARY 10, 2011, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A FRANCHISE -. 'If Regular City Council Meeting September 24, 2007 Page 6 FEE FOR SUCH PRIVILEGE AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR MINIMUM LIABILITY INSURANCE REQUIREMENTS FOR GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AND EFFECTIVE DATE. Council Member Wilson made an inquiry about insurance information. Kent McIlyar informed Council that the cab companies had to provide the state minimum required liability insurance and that proofhad been provided, as reflected in Council Members' agenda packets. Mr. McIlyar advised Council that state minimum required liability rates would be going up in April. Council Member Wilson expressed a concern in that the City did not have more regulation over the cab companies, such as the age of the vehicles and driving records. Kent McIlyar told Council that the Ordinance had been prepared based on what the City had done in the past. He went on to say that some cities did have more regulations in place on taxi cabs. Council Member Wilson mentioned the possibility of the City getting out of the business of approving these franchises. Mayor Freelen suggested they look at similar cities and do comparisons. Council Member Biard said he would like to look at raising the required minimum insurance. Council Member Biard said they need to have a discussion item after the public hearing. Mayor Freelen asked that a public hearing be added to the next reading, so that the owners could answer questions. Kent McIlyar pointed out that he had read the caption for item E. and if Council desired, they could take notice that three different cab companies were applying and for each company the caption would be same. Council took notice of same. F. First Reading - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY PARIS, TEXAS, GRANTING TO STEVE B. RANEY AND WENDY L. RANEY, DBA CITY CAB COMPANY, AN EXTENSION OF AN EXISTING FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR A PERIOD OF THREE (3) YEARS, BEGINNING JANUARY 11,2008, THE DATE OF TERMINATION OF THE EXISTING FRANCHISE, AND ENDING JANUARY 10, 2011, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A FRANCHISE Regular City Council Meeting September 24, 2007 Page 7 FEE FOR SUCH PRIVILEGE AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR MINIMUM LIABILITY INSURANCE REQUIREMENTS FOR GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AND EFFECTIVE DATE. G. First Reading - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY PARIS, TEXAS, GRANTING TO DAVID THOMPSON, DBA LONE STAR CAB COMPANY, AN EXTENSION OF AN EXISTING FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR A PERIOD OF THREE (3) YEARS, BEGINNING JANUARY 11,2008, THE DATE OF TERMINATION OF THE EXISTING FRANCHISE, AND ENDING JANUARY 10,2011, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE FOR SUCH PRIVILEGE AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR MINIMUM LIABILITY INSURANCE REQUIREMENTS FOR GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AND EFFECTIVE DATE. 6. RESOLUTION NO. 2007-117: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THROUGH THE OFFICE OF RURAL COMMUNITY AFFAIRS FOR A GRANT UP TO $350,000.00 FOR WATER AND SEWER LINE REPLACEMENT; AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S P ARTICIP A TION IN THE COMMUNITY DEVELOPMENT PROGRAM. Mayor Free1en opened the public hearing and asked for anyone who wished to speak, to please come forward. Pete Kampfer, on behalf of the Lamar County Chamber of -. Jr' Regular City Council Meeting September 24, 2007 Page 8 Commerce, applauded the effort of Council and Staff to improve the water and sewer lines. Shawn Napier, City Engineer, explained this was a grant program to replace water and sewer lines. He went on to say the grant amount was up to $350,000.00 and that it did not require matching funds, but did require volunteers. Mr. Napier told Council that city employees had commitments from over forty volunteers thus far. Council Member Brown stated this was an avenue to unify the community. 7. Review, and acceptance of Monthly Financial Report. It was a consensus of City Council to accept the Monthly Financial Report. 8. Possible future agenda items. Council Member Wilson requested that the electronic sign ordinance be placed on the next City Council Agenda. 9. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Fisher and seconded by Council Member Baird. Motion carried, 5 ayes - 0 nays. The meeting was adjourned at 6:55 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK [gIAction CITY OF PARIS, TEXAS CITY COUNCIL AGENDA REQUEST MEETING DATE: I September 24,2007 o Discussion Dlnformation DRefer to: SUBMITTED BY: I Gene Anderson, Finance Director DESCRIPTION: Budget amendments for fiscal year 2006-07. BACKGROUND INFORMATION: This ordinance transfers appropriations from certain line items to other line items. The purpose of the transfers is to cover anticipated expenses for the year by some departments. However, the overall qeneral fund budqet is not beinq increased. The City Council budget is being increased $30,000 due to payments made to the Pace Group and higher than expected election costs. The City Manager budget is being increased $15,000 due to the cost of the interim city manager. The Municipal Court budget is being increased $15,000 due to higher than expected personnel costs. . The EMS budget is being increased $100,000 due to higher than expected personnel and operating costs. Increased operational expenses generated an approximately equal amount of increased operational revenues. The General Expenses budget is being increased $90,000 due to higher than expected hotel tax collections and their corresponding payout to the Chamber of Commerce. The appropriations in the Contingency, Reserve for Charter Amendments, and Reserve for Future Salary increases accounts are being reduced to offset the increases outlined above. EXHIBIT "A" _.. W'