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02 - City Council Min 06-13-05 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS June 13, 2005 .1. The City Council of the City of Paris met in regular session at 6:00 P. M. Monday, June 13, 2005, at the Love Civic Center, 2025 South Collegiate Drive, Paris, Texas. Present: Mayor: Curtis Fendley Council members: Richard Manning, Mayor Pro Tern, Mary Ann Fisher, Karen Wilkerson, Rick Poston, Don Wilson City staff: City Manager Tony N. Williams, City Attorney Larry W. Schenk, City Clerk Janice Ellis Absent: Council members: Tim Ray 2. Receipt of report from the Planning & Zoning Commission A-B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A ONE-F AMIL Y DWELLING DISTRICT NO 3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOMES ON REPLA TTED LOT 3, (FORMERLY REFERRED TO AS LOT 4), CITY BLOCK 234, ON PROPERTY BELONGING TO MITCHELL WOFFORD, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS ONE-FAMILY DWELLING DISTRICT NO.3 (SF-3); DESIGNATING THE BOUNDARIES OF THE ONE-F AMIL Y DWELLING DISTRICT NO 3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOMES SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. . Mayor Fendley opened the public hearing and asked for anyone speaking in favor of this item to do so. No one spoke in behalf of this item. Mayor Fendley asked for anyone speaking against this item to do so. With no one else speaking, Mayor Fendley closed the public hearing. Larry Schenk informed Council this item was denied by Planning and Zoning Commission because it was still a multi family lot. I Regular City Council Meeting June 13, 2005 Page 2 Motion to deny by Councilman Manning. Councilwoman Fisher - second. Motion carried, 6 ayes - 0 nays. C. Consideration of and action on the Master Plat of Pecan Place. Councilman Wilson wanted to know if they could make sure the through street would actually be a through street despite lots being sold. A. W. Clem, attorney for Pecan Place, informed Council that they had agreed when Phase III begins, the street will be completed at that time. Subject to the Engineer's recommendations, a motion to approve was made by Councilwoman Wilkerson. Councilman Manning - second. Motion carried, 6 ayes - 0 nays. D. Consideration of and action on the Preliminary Plat of Pecan Place, Phase I. A.W. Clem advised that there would be an additional right-of-way on the corner on Clement and 36th Streets. Motion to approve made by Councilwoman Wilkerson. Councilman Manning - second. Motion carried, 6 ayes - 0 nays. CONSENT AGENDA Mayor Fendley asked that item 5G be pulled out for consideration, where there is an alternate for Building and Standards Commission - we can approve the alternates moving up, but there might be a conflict with the alternate named because he serves on the Historical Preservation Commission. Upon a motion made by Councilman Wilson and a second by Councilman Wilkerson, the Council voted six (6) for and none (0) opposed to approve and adopt the Consent Agenda, Items 3, 4A, 4B, 4C, 4D, 4E, 4F, 4G, SA, 5B, 5C, 5D, 5E, and SF, as follows: 3. Approval of minutes from previous City Council meetings (5-18-05; 5-23-05). 4. Receipt of reports and/or minutes from committees, boards, and . . commISSIons: A. P&Z Commission and City Council Subcommittee for the Pecan Place I 5. D. - Règular City Council Meeting June 13, 2005 Page 3 Subdivision. (4-25-05; 5-23-05) B. Board of Adjustment. (5-9-05) C. Historic Preservation Commission. (4-25-05; 5-11-05; 5-21-05) D. Building and Standards Commission. (4-18-05; 5-16-05) E. Airport Advisory Board. (5-19-05) F. Main Street Advisory Board. (5-18-05) G. Traffic Commission. (6-7-05) Consideration of and action on the following resolutions: A. RESOLUTION NO. 2005-061: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING THE GROUNDS SUBLEASE BETWEEN THE RED RIVER VALLEY FAIR ASSOCIATION AND THE AMERICAN LEGION POST #199 OF DEPORT, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELA TED To THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. B. RESOLUTION NO. 2005-062: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING THE GROUNDS SUBLEASE BETWEEN THE RED RIVER VALLEY FAIR ASSOCIATION AND THE HOPEWELL VOLUNTEER FIRE DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. C. RESOLUTION NO. 2005-063: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, IN SUPPORT OF THE CONTINUED OPERATIONS OF RED RIVER ARMY DEPOT (RED RIVER) AND LONE STAR ARMY AMMUNITION PLANT (LONE STAR) AND THE REMOVAL OF BOTH INSTALLATIONS FROM THE BASE REALIGNMENT AND CLOSURE (BRAC) LIST; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. 2005-064: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING A MEMBER TO THE I 6 Regular City Council Meeting June 13, 2005 Page 4 AIRPORT ADVISORY BOARD TO SERVE THE UNEXPIRED TERM OF JAMES PROCTOR, WHICH EXPIRES DECEMBER 31,2005; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. E. RESOLUTION NO. 2005-065: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING A MEMBER TO THE MAIN STREET ADVISORY BOARD TO SERVE THE UNEXPIRED TERM OF BILL KIRBY, WHICH EXPIRES MARCH 31, 2007; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. F. RESOLUTION NO. 2005-066: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE PARIS ECONOMIC DEVELOPMENT CORPORATION; MAKING OTHER FINDINGS AND PROVISIONS RELA TED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE. G. RESOLUTION NO. 2005-071: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING A MEMBER TO THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF PARIS TO SERVE THE UNEXPIRED TERM OF WARD HALL, WHICH EXPIRES JUNE 302006; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Discussion and possible instruction to staff regarding Paris-Lamar County EMS 2005- 2006 contract negotiation. Kent Klinkerman gave an update on the status of this item. On May 31,2005, he and Tony Williams met with Commissioners Court to present the changes. The initial number presented to the County were $416,316.00. Commissioners Pollard and Steffey were appointed to meet with Kent. He met with Commissioner Pollard on June 3rd to go over the revised numbers and Commissioner Steffey on June 6th. Kent removed cost factors that the Commissioners indicated they did not want to consider at that time, such as the hazardous material team and the dive team. They also reviewed the over-time numbers and dispatch numbers. After the revisions were made, Kent presented them with a new number of$370,641.00. Both commissioners said the number was too high and they both indicated they wanted things to stay exactly the same including the same formula and a settle-up. Kent went before the Commissioners Court June 13th to report to them and present the revised numbers I 7. B. Regular City Council Meeting June 13,2005 Page 5 again. The commissioners said it was too high. Kent asked for direction from the Council. Mayor Fendley said at some point they need to get to a 50/50 resolution with the county because 100% of these calls were in the county. Mayor Fendley said it was at 60/40. He said they may want to back off of that number a little and come down to 56/44 and work toward 50/50 on a three year basis. Mayor Fendley said that 45% is about $333,000.00 and that is $40,000.00 off of the 50% issue. Councilman Wilson wanted to know what about 43% this year and Mayor Fendley said it would drop it down to approximately $318,000.00. Mayor Fendley is not in favor ofputting a settle-up number in it. Councilman Wilson said the citizens of Paris are paying 85% of the total ambulance bill as it stands today, because they pay city and county taxes. Councilman Wilson said the county should pay the entire amount so that it would equally spread over all the citizens. Tony Williams asked the Council if they would consider a three year arrangement based on the formula of the county paying 43% of the current year, next year paying 47% and the third year paying 50% of that formula. Council Manning thought this was fair. Tony said the agreement will need to contain wording to cover federal contract changes such as medicare and other programs that make reimbursements. Mayor Fendley asked Tony to proceed with the negotiations. Consideration and action on the following ordinances: A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT WITH WASTE MANAGEMENT, INC. FOR THE COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE, IN SUCH FORM AS SHALL BE APPROVED BY THE CITY ATTORNEY; MAKING OTHER FINDINGS AND PROVISIONS RELA TED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ARTICLE II TO CHAPTER 16, SECTION 16-21 (b) OF THE CODE OF ORDINANCES OF THE CITY OF PARIS REGARDING THE DESIGNATION OF THE CITY AS THE EXCLUSIVE PROVIDER OF RESIDENTIAL GARBAGE COLLECTION SERVICE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Tony Williams told Council they had two ordinances that related to the contract with Waste Management for collection and disposal of residential solid waste. At the last meeting, Tony informed Council he would present a proposed contract tonight. He told Council \ve had received an initiative petition and was withdrawing from the I Regular City Council Meeting June 13, 2005 Page 6 Council's consideration the two ordinances, pending a resolution of the initiative petition process. The process includes the City Clerk certifying that the petition meets the requirements according to our Charter. We anticipate bringing to you a certificate June 27,2005. According to the Charter, you will need to act upon the Ordinance that the initiative proposes and to conduct a public hearing, which will be scheduled for June 27, 2005. In order to have an election at the next uniform election date, which is September 10, 2005, the Council would have to call an election no later than July 11, 2005, in to meet state law. , Motion to table by Councilwoman Wilkerson. Councilman Manning - second. Motion carried, 6 ayes - 0 nays. C. ORDINANCE NO. 2005-024: 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 31-650F SAID CODE TO DESIGNATE VARIOUS LOCAL TRUCK ROUTES WITHIN THE CITY LIMITS OF THE CITY OF PARIS, PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE OF JULY 1,2005. Motion to approve by Councilwoman Wilkerson. Councilman Wilson - second. Motion carried, 6 ayes - 0 nays. D. ORDINANCE NO. 2005-025: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ARTICLE I TO CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, JUDICIAL DEPARTMENT, TO ADD A NEW SECTION 18-7 THERETO ESTABLISHING THE POSITION OF BAILIFF; PROVIDING FOR THE DUTIES OF SAID POSITION; PROVIDING FOR THE FUNDING OF SAID POSITION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Larry Schenk informed Council that the City assesses a municipal courts building security fund. One of the expenditures that is appropriate to be expended from that I Regular City Council Meeting June 13, 2005 Page 7 fund is for a bailiff position. Currently the bailiff is served by an officer with the Police Department. This ordinance creates an official bailiff position and authorizes the expenditure of that fund to pay for the cost of that position. Tony Williams explained this was a state mandated fee for fines and that we were limited in how we could use those monies, but that security was approved. He further stated this would allow the police officer that is currently serving as bailiff to return to the street. Councilman Wilson wanted to know how much money was in the fund. Judge Hunt told Council as of June 10th they had collected year to date $7,094.34 and . that the fund balance was approximately $100,000.00. Judge Hunt explained that they had different options as to hiring a bailiff, such as hiring a non-certified person who has a police or military background. Mayor Fendley wanted to know how much money would be expended per year. Judge Hunt anticipated $15,000.00 per year which would cover about 20 hours a week, a part-time person with no benefits. Councilman Poston, Councilman Wilson and Councilwoman questioned as to why they were not informed previously of this fund and the fact that it could be used for a bailiff. Judge Hunt said for the last several years he had discussed a bailiff position. Councilman Wilson told Judge Hunt that he believes they would have gotten a bailiff, had Council known he needed one and the money was there. Motion to approve by Councilman Wilson. Councilman Poston - second. Motion carried, 6 ayes - 0 nays. 8. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2005-067: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, RATIFYING OR REPEALING THE PRIOR AWARD OF THE BID AND AUTHORIZATION FOR A CONTRACT FOR THE FURNISHING AND DELIVERY OF LABOR, MATERIALS, AND EQUIPMENT AND FOR PERFORMING ALL WORK REQUIRED FOR APPLYING HERBICIDES ON CITY OF PARIS PROPERTY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Tony Williams told Council that the morning after the last meeting, he went to the Plaza to look at the grass. He informed Council that the grass was not dead, but instead burnt. Tony said the spraying contractor did what the city staff asked them to do and that there had been mis-communication between the staff. Tony said that spraying should not have been done in a high profile traffic area like the Plaza or I Regular City Council Meeting June 13,2005 Page 8 Bywaters Park. However, the spraying should be done in low traffic areas to reduce the man power needs of mowing on a frequent basis. Councilman Wilson wanted to know if the City could use this type of growth retardant on the lots owned by the City, that were not on the tax rolls. Tony told Council that it would reduce the amount of maintenance dollars and that he would bring something back for their consideration. Motion to ratify by Councilman Wilson. Councilman Poston - second. Councilman Manning voted against ratifying this item. Motion carried,S ayes - 1 nays. B. RESOLUTION NO. 2005-068: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING AN APPLICA TION TO THE TEXAS DEP AR TMENT OF TRANSPORTATION, AVIATION DIVISION, FOR A FEDERALLY ASSISTED AIRPORT DEVELOPMENT GRANT FOR A PAVEMENT AND HANGAR PROJECT AT COX FIELD AIRPORT, PROJECT NO. 06HGP ARIS; AUTHORIZING APPROPRIATE CITY OFFICIALS TO EXECUTE ANY AND ALL DOCUMENTS ASSOCIATED WITH SAID GRANT APPLICATION; AUTHORIZING THE EXPENDITURE OF CITY FUNDS AS THE CITY'S LOCAL MATCHING SHARE, MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Tony Williams said the City would have to front this $105,000.00, but this would be payed back from the persons renting hangers at the airport. Councilman Wilson said the planes housed at the airport help the City's tax base. Councilman Manning inquired as to whether or not there was a waiting list for hangers. Tony told Council there was a waiting list. Councilwoman Wilkerson inquired as to possibly approaching PEDC to get some of the matching money. Tony said he had not approached PEDC because the pay back from the user was there, but that he would be glad to talk to them. Motion to approve by Councilman Wilson. Councilman Manning - second. Motion carried, 6 ayes - 0 nays. C. RESOLUTION NO. 2005-069: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE ADJUSTMENT OF THE BASE SALARY FOR THE I " Regular City Council Meeting June 13,2005 Page 9 TRAINING OFFICER POSITION WITHIN THE CITY OF PARIS FIRE DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELA IED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DA IE. Council Manning wanted to know if the training officer would be experienced. Ronnie Grooms told Council that he did not currently have someone with all of the certification training. Ronnie said it will require training for a couple of years to acquire the certifications that are needed, as well as take the Civil Service Exam. Motion to approve by Councilman Poston. Councilwoman Fisher - second. Motion carried, 6 ayes - 0 nays. D. RESOLUTION NO. 2005-070: A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS, STATING THE INTENT OF THE CITY OF PARIS, PURSUANT TO CHAPTER 7 OF THE CITY CHARTER AND SECTION 43.142 OF THE LOCAL GOVERNMENT CODE, TO DISANNEX TWO TRACTS OF LAND FORMING A PORTION OF THE CURRENT OUTER BOUNDARIES OF THE CITY LIMITS OF THE CITY OF PARIS; ESTABLISHING HEARING DATES; PROVIDING FOR PERSONAL AND PUBLISHED NOTICE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Larry Schenk went over the procedure for disannexation and the deadlines as outlined in the Resolution. Motion to approve by Councilman Manning. Councilman Poston - second. Motion carried, 6 ayes - 0 nays. 9. Presentati ons A. Richard Swint - did not appear B. Citizens Forum Jim Mosher - 1751 Hubbard - had a question about the water billing with regard to the waste water. Mayor Fendley asked Mr. Mosher to go by and see Gene Anderson so that Gene could explain it to him. I . . 10. 11. 12. Regular City Councii Meeting June 13, 2005 Page 10 Possible future agenda items: Review of evaluations requested by Councilwoman Wilkerson Campbell Soup and the water issue requested by Councilwoman Wilson Referrals. There was one referral. Clay Yates requested a zoning change on Part of Lot 4, City Block 188-A, 1345 8th Street S.E. There being no further business, the meeting was adjourned. CURTIS FENDLEY, MAYOR JANICE ELLIS, CITY CLERK I