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03 Council Min 09-13-04 REGULAR MEETING OF THE CITY COUNCIL Monday, September 13, 2004 The City Council of the City of Paris met in regular session at 6 p.m., Monday, September 13, 2004, at the Love Civic Center, 2025 South Collegiate Drive, Paris, Texas. Mayor Pro Tem Jay Guest called the meeting to order with the following Council Members present: Jim Bell, Mary Ann Fisher, Don Wilson and Karen Wilkerson. Also present were Interim City Manager Larry Shaw, City Attorney Larry W. Schenk and Assistant City Clerk Sherian Dixon. Mayor Pro Tem Guest called for approval of previous Council meetings from July 12, July 27, August 3 and August 5, 2004. There was a correction changing the notation Councilwoman Wilson to Councilman Wilson in the July th 27 minutes. Councilman Bell made a motion to accept the minutes as amended. The motion was seconded by Councilman Wilson and carried 5 ayes, 0 nays. Councilman Bell asked for discussion of the Library Board to be a future agenda item. Mayor Pro Tem Guest called for receipt of reports from the Building and Standards Commission, August 18, 2004, the Paris Public Library, August 3, 2004, the Main Street Advisory Board, July 28, 2004, the Paris Economic Development Corporation, August 18, 2004, the Band Commission, July 30, 2004 and the Traffic Commission, September 7, 2004. Councilman Wilson made a motion to accept the reports as presented. The motion was seconded by Councilwoman Fisher and carried 5 ayes, 0 nays. ORDINANCE NO. 2004-039 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 THE TRAFFIC CONTROL MAP ADOPTED IN PARAGRAPH (b) OF SECTION 31-65 OF SAID CODE TO INCLUDE A CENTER LEFT TURN LANE, INCLUDING MARKINGS AND SIGNS, ON PINE MILL ROAD AT NORTH City Council Meeting September 13, 2004 Page 2 COLLEGIATE DRIVE WITHIN THE CITY LIMITS OF PARIS, WAS PRESENTED. Councilman Wilson made a motion to approve the ordinance, which was seconded by Councilman Bell. The motion carried 5 ayes, 0 nays. Mayor Pro Tem Guest opened the Public Hearing regarding proposed amendments to the 2004-2005 City of Paris Budget. Bret Holbert, City of Paris Firefighter and President of the local Firefighters Association, came forward to explain why the sick leave numbers in the Fire Department seemed so high. He said that their sick days are 24 hours, instead of 8 hours as in other departments. He went on to say that a lot of those sick hours were due to long term illnesses. He did say that five firefighters have retired and that has reduced the sick leave noticeably. Mr. Holbert said that sick leave correlates with overtime, because when someone is off on sick leave, someone else has to work overtime. He suggested having an extra man per shift would reduce the amount of overtime used considerably. Sam Owens, City of Paris Policeman and President of the Police Officers Association, came forward and gave the Council a handout. He stated he had heard the Council discussing the budget. He felt by reducing the contribution to the retirement that would reduce the retirement benefits by 25%. He said he didn’t mind having to pay more out of pocket for insurance or driving patrols cars with more mileage, or working in an overcrowded Police Station, or working with less policemen on patrol, but he encouraged the Council not to cut the amount of the contribution to the pension plan. Bill Clark of 4606 Powderly said he was asking for full funding for the lights at the Optimist Baseball Field, which was $16,000.00. He reminded the Council that in the 1980's, they were asked to move the 7, 8 and 9 year olds from Culbertson Park to Woodall Field and the City agreed to help with the City Council Meeting September 13, 2004 Page 3 lights, water and funding. Since that time, he related that they have moved and built 7 new fields. He cited the Optimist Baseball Organization as one that teaches parents how to parent and children how to play fair. He asked the City to keep their original agreement with Woodall Field. Mayor Pro Tem Guest asked City Attorney Schenk to address some of the issues the Council had with the contributions. City Attorney Schenk said the City will probably require a letter of agreement from the recipients of the funds because of a constitutional question that prohibits the gift of public funds unless it is tied within serving a public purpose for the City. Mayor Pro Tem Guest said these will probably be tied into the appropriate department of the City. Mr. Schenk said the written agreement will show what public impact the disbursement of these funds would have. Mayor Pro Tem Guest introduced Larry Shaw, Interim City Manager for the City of Paris. Mr. Shaw said these contributions should be allocated in the Department they benefit. Councilman Bell said the funding the City gives these organizations does not reflect how valuable they are to the City. Also appearing before the Council were: 1. Tanner Belt of Powderly - asked Council not make Woodall Field raise registration fees by not giving them enough funding. 2. Bill Sanders of 3775 Eagle Bend -asked Council to support Woodall Field. 3. Neil Belt - Powderly - reminded the City Council how much revenue the baseball tournaments bring into the City of Paris. He said the V&CC has paid what it costs to bring those tournaments to Paris. Asked reinstatement of full payment of electric bill. rd 4. John Phillips of 355 NE 33 - reminded that Woodall Field was for the children of Paris. City Council Meeting September 13, 2004 Page 4 5. Roy Gwinn - 1460 Co. Rd. 32240 - asked Council to put the funding for Woodall field in the Parks and Recreation budget, indicated that if funding went down, they would have to charge $40.00 per child instead of $25.00. 6. Police Chief Karl Louis - said Woodall Field was a clean place for kids to be and encouraged more funding. 7. Randy Rome of Sumner-asked Council to reconsider charging a fee for the Library for children out in the County. 8.Greg Smith -Pecan Place- asked for the Council’s help with Woodall Field. 9. James Bryan 2555 E. Cherry - stated City needs to offer as much services as it can to attract factories. No one else appeared to speak and Mayor Pro Tem Guest closed the Public Hearing. On a question from the Council, Finance Director Anderson said the Council is allowed to move money from one department to another during the last three months of the Fiscal Year. He said the City Manager can move money from one line item to another within a department at his discretion. He said the Council could make an amendment to budget, but couldn’t formally act on it until the last three months of the Fiscal Year. Council discussed putting the non-profits in the department they are benefitting. Finance Director Anderson said it would take an amendment to the budget to move them to the other departments tonight. He suggested leaving them as is and, later on, toward the end of the year, study the issue and move the money as decided. It was decided to go ahead and fund the non-profits with the allocated money and discuss more funding at a future date. City Council Meeting September 13, 2004 Page 5 City Attorney Schenk reminded the Council that if they make no more changes to the 2004-2005 City Budget, then the Public Hearing would be on September 22, 2004. He said the appropriate ordinances to approve the budget and to adopt the tax rate would be ready for that meeting. Mark Rothfuss, 2810 Willow Bend, president of Archers for Christ, appeared before Council to discuss options for Zone 1 at Lake Crook. He asked that Zone 1 be reinstated to their lease around Lake Crook. There was no action required. ORDINANCE NO. 2004-040 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, 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 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, WAS PRESENTED. Councilman Bell made a motion to approve, which was seconded by Councilwoman Fisher. The motion carried 5 ayes, 0 nays. City Attorney Schenk explained that the City gets paid for this by a street use fee which is based on gross receipts. Finance Director Anderson said the fee is approximately $220,000.00 and is paid on a quarterly basis. Councilman Wilson asked if the City audited their figures. Mr. Anderson said they provide the figures. Councilman Bell asked if this fee could be increased since they have increased our fee for the landfill. ORDINANCE NO. 2004-041 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO GLENN AND DEBI BOLYARD, D.B.A. TRASHY BUSINESS, FOR THE PURPOSE OF City Council Meeting September 13, 2004 Page 6 ENGAGING IN THE BUSINESS OF COLLECTING 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, WAS PRESENTED. Councilman Bell made a motion to approve, which was seconded by Councilman Wilson. The motion carried 5 ayes, 0 nays. ORDINANCE NO. 2004-042 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 13.635 ACRES, MORE OR LESS, AS REQUESTED BY PETITION OF THE OWNERS THEREOF; GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AND EFFECTIVE DATE, WAS PRESENTED. Councilman Bell made a motion to approve, which was seconded by Councilwoman Fisher. Councilman Wilson asked what took this so long, since Mr. Brown requested this about eight months ago. Community Development Director Lisa Wright explained there was a problem with the description that was submitted to the City. She said Mr. Brown’s engineer took a long time to get the correction back to the City. The motion carried 5 ayes, 0 nays. ORDINANCE 2004-043 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, City Council Meeting September 13, 2004 Page 7 TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 3.662 ACRES, MORE OR LESS, AS REQUESTED BY PETITION OF THE OWNERS THEREOF; GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. Councilman Bell made a motion to approve, which was seconded by Councilman Wilson. The motion carried 5 ayes, 0 nays. ORDINANCE NO. 2004-044 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 11.613 ACRES, MORE OR LESS, AS REQUESTED BY PETITION OF THE OWNERS THEREOF; GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. Councilman Wilson made a motion to approve. Councilwoman Fisher seconded the motion and it carried 5 ayes, 0 nays. Councilman Bell asked if there was a limit on how many acres or how many times the City could annex. City Attorney Schenk indicated that there was, but that the City of Paris was way below the limit. City Council Meeting September 13, 2004 Page 8 Mayor Pro Tem Guest called for consideration of an ordinance to amend the staffing levels of the Fire Department. Mr. Schenk said the ordinance would reduce the number of fire fighters from thirty-three to thirty. Interim City Manager Shaw reminded Council that if they did not pass this ordinance, they were bound by law to fund the thirty-three fire fighters. Councilman Wilson made a motion to approve, which was seconded by Councilman Guest. Councilman Wilson and Councilman Guest voted aye, with Councilman Poston and Councilwoman Fisher voting no, and Councilwoman Wilkerson abstaining. When it was decided that Councilwoman Wilkerson could not abstain, she changed her vote to no and the motion failed 2 ayes, 3 nays. Mr. Schenk asked if the Council wanted to bring this back at the next meeting when there would be a full Council, otherwise they would have to make accommodation in the budget for the three firefighters. Councilman Wilson said there were several ways to fund this, more money or better management. When asked by Councilman Bell if he could find $132,000.00 in his budget, Chief Grooms said he would try but he didn’t see how, since the budget was already streamlined. Interim City Manager Shaw said the only way to avoid the automatic overtime was to have enough staffing so they could send firefighters home if they were above minimum staffing and had met the FSLA minimum hourly standards. He did mention that some cities did not classify that automatic overtime as actual overtime, but rather, imbedded it in the salaries. He said they would get their regular hours, even if sent home. Mayor Pro Tem Guest called for a break at 7:55 p.m and reconvened the meeting at 8:02 p.m. Mayor Pro Tem Guest entertained a motion to revisit the ordinance concerning the staffing levels of the fire department. Councilman Bell made a motion to reconsider, which was seconded by Councilman Wilson. The motion carried 5 ayes, 0 nays. Councilman Bell made a motion to table action on the ordinance nd until the Sept 22 meeting. The motion was seconded by Councilwoman Fisher City Council Meeting September 13, 2004 Page 9 and carried 4 ayes, 1 nay, Councilman Wilson voting no. City Attorney Schenk explained the budget and budget time constraints. Interim City Manager Shaw explained the time constraints on filling those positions according to Civil Service law. ORDINANCE NO. 2004-045 - 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 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, WAS PRESENTED. City Attorney Schenk explained this would reduce the staffing levels of the Police Department at the Private level by one officer. Councilman Wilson made a motion for approval, which was seconded by Councilwoman Fisher. The motion carried 5 ayes, 0 nays. ORDINANCE NO. 2004-046 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ARTICLE I TO CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF PAIRS TO ADOPT A NEW SECTION 26-2 THERETO, AUTHORIZING THE CHIEF OF POLICE OF THE CITY OF PARIS, IN ACCORDANCE WITH SECTION 143.014 OF THE LOCAL GOVERNMENT CODE, TO APPOINT THE ASSISTANT CHIEF OF POLICE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. Councilwoman Fisher made a motion to approve the ordinance, which was seconded by Councilman Wilson. On a question from Councilman Bell, Police Chief Karl Louis explained that, in order for him to make the appointment according to Civil Service law, the City Council must give him the authority to do so. City Attorney Schenk said giving the Police Chief this authority would eliminate him having to test for the position. After discussion, the ordinance City Council Meeting September 13, 2004 Page 10 carried 5 ayes, 0 nays. Upon a motion made by Councilman Wilson and seconded by Councilwoman Fisher, the Council voted 5 ayes, 0 nays to approve the following bids for furnishing chemicals to the Water and Wastewater Treatment Plants: A. Atlantic Coast Polymers, Inc Polymer (Flocculant) $0.937/lb B. Harcros Chemicals, Inc. Sulfur Dioxide $507.00/ton C. Brenntag Southwest Chlorine $495.00/ton D. Harcros Chemicals, Inc. Fluosilicic Acid $1.83/gal E. Harcros Chemicals, Inc. Sodium Hydroxide $417.00/ton F. JLM Marketing Potassium Permanganate $1.375/lb G. General Chemical Liquid Alum $134.95/ton H. Texas Lime Company Hydrated Lime(Bulk) $91.50/ton Hydrated Lime(Bagged) $122.50/ton I. BBB Fertilizer, Inc. Liq. Anhydrous Ammonia $527.94/ton J. Norit Americas, Inc. Activated Carbon $0.365/lb Resolution No. 2004-157 - A resolution approving the extension of Emergency Medical Services to that area of Lamar County, State of Texas, outside the city limits of the City of Paris and authorizing the execution of an Interlocal Cooperation Contract between the City of Paris and the County of Lamar for such emergency services, was presented. City Attorney Schenk said this was the annual renewal of this contract. Councilman Bell made a motion to approve the resolution, which was seconded by Councilwoman Fisher. The motion carried 4 ayes, 1 nay, Councilman Wilson voting no. Resolution 2004-158 - A resolution approving and authorizing the execution of Change Order No. 4 (Attachment No. 4) to Contract for Public Services, TDH Document No. 7560022067-2005, was presented. Councilman Bell made a motion for approval, which was seconded by Councilman Wilson. The motion carried 5 ayes, 0 nays. City Council Meeting September 13, 2004 Page 11 Resolution No. 2004-159 - A resolution approving a Professional Services Contract for hydraulic design, bridge design and related services for replacement of the collapsed Smith Creek Bridge located on County Road 32900, being the secondary entrance into the City of Paris Water Treatment Plant, was presented. On a question from Councilman Bell, City Engineer Shawn Napier said the design would cost $15,000.00 and the work on the bridge would be $60,000.00 to $70,000.00. He said there was only one engineer that did this kind of work in the County and they would use part of the design for another bridge. He said City crews would do part of the work. A motion was made by Councilman Bell for approval, which was seconded by Councilman Wilson. The motion carried 5 ayes, 0 nays. Resolution No. 2004-160 - A resolution approving and authorizing an Inter- governmental Agreement with North Lamar Independent School District for provision of School Resource Officer services to the NLISD campuses during the 2004-2005 school year, was presented. A motion to approve the resolution was made by Councilman Bell and seconded by Councilwoman Fisher. On a question from Councilman Wilson, Police Chief Louis explained that North Lamar pays for one-half of three officers and the City pays for one-half of three officers. The motion carried 5 ayes, 0 nays. Resolution No. 2004-161 - A resolution approving and authorizing a new grade and step pay plan for all new employees and employee promotions to higher grade, other than certified non-director employees of the Police, Fire and Emergency Medical Services departments, was presented. City Attorney Schenk said this could be made effective today. On a question from Councilman Bell, Finance Director Anderson explained that if a person who is currently employed with the city gets a promotion, they will not have to take a pay cut if they make the same as one of the steps on the new promotion. He went on to say that anyone currently employed with the City stays at their current job, they will stay on the original pay plan. He said on the new pay City Council Meeting September 13, 2004 Page 12 plan, it will take five years to go from Step 1 to Step 5. Teresa Schmidt, a Clerk 3 with the Paris Police Department, came forward to discuss the inequities of different clerk salaries in the City of Paris and ask for there to be fair and equal pay. Fire Chief Ronnie Grooms came forward with a request to reclassify a clerk in his department to a secretary, but asked if she would take a pay cut on the new scale. Finance Director Anderson said that no current employee that promotes to the new pay scale will take a pay cut, they will be limited to how much they can go up. It was decided these promotions would be dealt with at the department head level. Councilwoman Fisher made a motion to approve the resolution. The motion was seconded by Councilman Wilson and carried 5 ayes, 0 nays. Resolution No. 2004-162 - A resolution rescinding prior action and repealing Resolution No. 2002-157, passed on October 10, 2002, which approved and ratified the execution of an application for a Texas Parks and Wildlife Department National Recreation Trails Grant and authorized the acceptance of said Grant; and authorizing the notification of the Texas Parks and Wildlife Department as to the City’s intention not to participate in that project designated the Lake Crook Trails Project, was presented. City Attorney Schenk said there will be a letter included with this notification to the State to voice the Council’s appreciation for being selected for this grant and asking for future consideration for similar grant funding. Councilman Bell made a motion to approve the resolution, which was seconded by Councilwoman Fisher. The motion carried 5 ayes, 0 nays. The following were mentioned as possible future agenda items: A. Non-profit Funding Changes B. Historic Abatements C. Street Use Fees for Solid Waste Collection D. Cell Towers City Council Meeting September 13, 2004 Page 13 E. Archers for Christ rd City Attorney Schenk presented a referral for Charles Park on 15 33 Street N.W., for a change in zoning from a Two-Family Dwelling District (2F) to a Neighborhood Service District (NS) with a Specific Use Permit (28) Mortuary or Funeral Parlor to be considered at the next Planning and Zoning Meeting and then back to the City Council. There being no further business, the meeting adjourned. ____________________________ CURTIS FENDLEY, MAYOR APPROVED AS TO FORM: ____________________________________ SHERIAN DIXON, ASST. CITY CLERK City Council Meeting September 13, 2004 Page 14