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03 City Council Minutes 6-27-05 5. - - - REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS June 27,2005 .1. The City Council of the City of Paris met in regular session at 6:00 P. M. Monday, June 27, 2005, at the Love Civic Center, 2025 South Collegiate Drive, Paris, Texas. Present: Mayor: Curtis Fendley Council Members: Richard Manning, Mayor Pro Tem, Tim Ray, 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 CONSENT AGENDA Upon a motion made by Council Member Fisher and a second by Council Member Ray, the Council voted six (7) for and none (0) opposed to approve and adopt the Consent Agenda, Items 2, 3A., 3B., 3C., and 4A., as follows: 2. Approval of minutes from previous City Council meetings (6-13-2005, 6-20-2005). 3. Receipt of reports and/or minutes from committees, boards, and commissions: A. Paris Public Library Advisory Board. (5-18-2005) B. Planning & Zoning Commission Special Meeting. (6-20-2005) C. Building and Standards Commission. (6-20-2005) 4. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2005-072: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING MEMBERS TO THE LIBRARY ADVISORY BOARD OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Review and discuss the evaluations of the City Manager, City Attorney, and Municipal Court Judge. ~ I , I Regular City Council Meeting June 27,2005 Page 2 Mayor Fendley called for discussion regarding the City Manager, Tony Williams. There was none. Mayor Fendley called for discussion regarding the City Attorney, Larry Schenk. Council Member Wilson said the Paris News reported that we forgot to write an ordinance and it cost us $190,000.00 and asked Mr. Schenk ifhe was suppose to write the Ordinance. Mr. Schenk responded in that they had requested fonn ordinances from TMRS on all the matters Council asked to be done and had received three ordinances from them, but none of which addressed that issue. They all had to do with the service credit and were adopted. Mr. Schenk further stated that he had now received a model ordinance but that it will have to be for next year. He further stated he had not previously known there was an end date and that Gene had been dealing directly with TMRS. Council Member Wilson said this fell through the cracks and it cost us $190,000.00. Mr. Schenk said we did have an ordinance to do this, that it was in the form of our budget ordinance and that he was convinced that we were correct on the law concerning that issue. Mr. Schenk also said that the City appealed TMRS' decision. Council Member Wilson told Mr. Schenk he was not satisfied with the amount of work he generates and the timeliness of it. Mr. Schenk addressed his evaluation with regard to filing the case against the insurance company. He infonned Council the matter was not officially referred to the Legal Department by TML until August 2003, and that a lawsuit was filed in November 2003. Council Member Wilson told Mr. Schenk he should be pro-active instead of re-active. Mr. Schenk told Mr. Wilson he had documentation reflecting the time- line pertaining to the lawsuit. Council Member Ray said he did not know anything about this until he read it in the paper. Council Member Ray said the newspaper article stated Mr. Williams knew about this in February, but wanted to know why it was June before anyone else knew about it. Mr. Schenk said they were between managers and that they had gone through two or three administrative level of appeals with TMRS. Council Member Wilkerson said she had experienced personally with some department heads their frustration with the slow and tardiness of Mr. Schenk's response to them about various issues. She suggested they review Mr. Schenk again in about three months and give him the opportunity to make corrections in the way he handles his business at this time. Council Member Wilson wanted to know how long it took Mr. Schenk to get the building across the street done, the Neilson Building. Mr. Schenk responded that the deed ~ i I Regular City Council Meeting June 27,2005 Page 3 :was sent over the first week in June and the closing is set for early July. Council Member Wilson said it was a simple deed and Mr. Schenk disagreed. Council Member Wilson wanted to know why it took two and one-half months and Mr. Schenk told him that was not the only thing they had been working on. Council Member Manning said he worked with Mr. Schenk for nearly four years and he did not have one department head complain about Mr. Schenk being non responsive. Council Member Wilson said that Council needed to have their reviews done in this January or February, so that the present Council can make the reviews instead of after the fact. The Council gave direction for the review fonns to be given to them in December and to be returned by Council prior to January 1, and to be placed on the Agenda for the second meeting in January. Mayor Fendley called for discussion regarding the Municipal Judge, Tom Hunt. Council Member Manning said he thought that Council should also review and evaluate Judge Hunt. 6. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2005-073: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING A REQUEST TO THE TEXAS DEPARTMENT OF TRANSPORTATION TO CLOSE THE EXISTING CROSSOVER IN THE IMMEDIATE VICINITY OF 34TH STREET NE ON US 82/US 271 (WHICH IS ALSO LOCALLY KNOWN AS LOOP 286) AS A PART OF ITS GRADE SEPARATION OF US 82/US 271 AT PINE MILL ROAD PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Shawn Napier made a presentation regarding this item. In addition, Richard Harper and Wade Blackmon of TxDOT answered questions regarding the closing and the time frame. Phase I includes building the west frontage road approximately from the 34th street crossover to Pine Mill Road and then the portion going all the way over to Lamar Avenue. Phase II will take the majority of time to construct and the crossover would be closed at the end of Phase II. The job is scheduled to let for construction in August 2006, with construction starting October 2006, and this happening probably sometime in late 2007. I Regular City Council Meeting June 27,2005 Page 4 Council Member Ray expressed safety concerns and thought that the retainer wall should come all the way passed that cross-over because that is where everyone crosses. Council Member Ray emphasized that a barrier should be put up immediately, so that people can see it and understand that it is closed. Richard Harper explained the retainer wall will have a concrete traffic barrier on top of it. He said they were in the preliminary designs, and had yet to get to some of them, with one being how far they would bring the concrete traffic barrier down. Council Member Wilson wanted to know how many wrecks there had been at the intersection. Shawn told him there had been 26 accidents at Pine Mill and the Loop Intersection since 2001, to January 2005. Council Member Wilson thought they should go ahead and close it due to the number of wrecks. Motion to approve by Council Member Poston. Council Member Wilson - second. Motion carried, 7 ayes - 0 nays. B. RESOLUTION NO. 2005-074. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF P ARlS, P ARlS, TEXAS, APPROVING AND AUTHORIZING A GROUND LEASE WITH OPTION TO CONSTRUCT IMPROVEMENTS BETWEEN THE CITY OF PARIS AND KNOX AERIAL SPRAYING FOR PROPERTY LOCATED ON THE GROUNDS OF COX FIELD AIRPORT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Lisa Wright explained that Knox Aerial had been awarded the insecticide contract this year. They have requested a five year lease on a 100 x 100 tract of land at Cox Field and an option to construct a hanger. Kimberly Knox asked Council to lower the lease because they were not going to build a hanger due to the electricity cost. Ms. Knox asked Council to reduce the lease to 50%. Mayor Fendley wanted to know what that would change the monthly lease to. Lisa Wright told him it was $100.00. Ms. Knox said they were going to put a 30 x 40 concrete slab on the property for containment. Councilman Wilson asked Mr. Schenk if there was a clause addressing leftover pesticide and Mr. Schenk told him that it contained environmental clauses. Motion to approve by Council Member Manning. Council Member Ray - second. Motion carried, 7 ayes - 0 nays. 7. Public Hearing to consider the site plan approval requested by Dr. Jay Spencer, Spencer Dental Clinic, on Lot 14A-3, City Block 259, located on Pine Mill Road. ~ ¡ I 8. . 9. Regular City Council Meeting - June 27,2005 Page 5 Mayor Fendley opened the public hearing and asked for anyone speaking in favor of this item to do so. Bobby Smallwood 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. ORDINANCE NO. 2005-026: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, P ARlS, TEXAS, APPROVING THE SITE PLAN FOR A PLANNED DEVELOPMENT DISTRICT -MEDICAL CENTER AND HOSPITAL (Pdd) AND OFFICE CENTER (PD-f), PREVIOUSLY ESTABLISHED FOR LOT 14, CITY BLOCK 259, BY THE ADOPTION OF ZONING ORDINANCE NO. 2000-038, ADOPTED AUGUST 14,2000, SAID SITE PLAN BEING FOR A PORTION OF LOT 14, THE SAME BEING LOT 14A-3, CITY BLOCK 259; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES ORP ARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Motion to approve by Council Member Fisher. Council Member Wilkerson - second. Motion carried, 7 ayes - 0 nays. Status report and discussion regarding Paris-Lamar County EMS 2005-2006 contract negotiations. Kent Klinkennan infonned Council that last week he was authorized to communicate a proposal to Commissioners Steffey and Pollard of$313,000.00 for the first year on a three year contract, subsequent years adjusted for CPI, and with no settle up. He further infonned Council that this morning Commissioners Court proposed a three year fixed rate contract, with the first year being $296,000.00 with the second and third years adjusted to CPI and no settle up. Tony Williams recommended to the Council that in the spirit of compromise, a contract be drawn up to accept their counter-offer. 10. Consider an Initiative Petition Prohibiting Privatization of the collection, handling, and disposition of residential garbage, trash, and rubbish and providing for the method of fixing charges for such service. A. Receive report of the City Clerk regarding Certification of Petition. I - Regular City Council Meeting June 27,2005 Page 6 Janice Ellis, City Clerk, informed Council that she had reviewed 621 names and out of that number 152 were disqualified. She stated that approximately 10 were felons, approximately 8 had signed the names of others, several lived out of the city and one out of the county. The remainder of the 152 names were not registered voters. B. RESOLUTION NO. 2005-075: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, P ARlS, TEXAS, RECEIVING AND ACKNOWLEDGING THE CERTIFICATION BY THE CITY CLERK OF AN INITIATIVE PETITION CALLING FOR THE ADOPTION BY CITY COUNCIL, ORIN THE ALTERNATIVE SUBMITTAL TO ELECTION, OF AN ORDINANCE PROHIBITING THE PRIV A TIZA TION OF RESIDENTIAL TRASH SERVICE AND PROVIDING A METHOD OF FIXING CHARGES FOR SUCH SERVICE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Motion to approve by Council Member Manning. Council Member Fisher - second. Motion carried, 7 ayes - 0 nays. C. Conduct fonnal reading and a public hearing in accordance with Section 106 of the City Charter regarding a proposed ordinance prohibiting privatization of the collection, handling, and disposition of residential garbage, trash, and rubbish and providing for the method of fixing charges for such service. Larry Schenk, City Attorney, made a fonnal reading of the ordinance. D. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF P ARlS, PARIS, TEXAS, PROHIBITING PRIVATIZATION OF THE COLLECTION HANDLING AND DISPOSITION OF RESIDENTIAL GARBAGE, TRASH, AND RUBBISH AND PROVIDING FOR THE METHOD OF FIXING CHARGES FOR SUCH SERVICE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mayor Fendley opened the public hearing and asked for anyone speaking in favor of this item to do so. ~ i I Regular City Council Meeting June 27,2005 Page 7 Jerry Rose spoke in behalf of this item. He inquired about the savings of$550,OOO.OO and wanted it explained to him. Tony Williams advised that during the budget process this summer, they would layout two different budget proposals for Council to consider. In the event that the privatization takes place, one budget would be effective and if privatization does not take place, the other budget would be in effect. Tony told Mr. Rose he would be able to see the savings during the budget process. Mayor Fendley asked for anyone speaking against this item to do so. Jim Bell spoke against this item in that, there is a savings for the City and does not feel the Ordinance complies with City Charter. With no one else speaking, Mayor Fendley closed the public hearing. Motion to deny by Council Member Wilson. Council Member Poston - second. Motion carried, 4 ayes - 3 nays. Council Members Ray, Manning and Fisher voted against denial of this motion. E. RESOLUTION NO. 2005-076: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, P ARlS, TEXAS, ORDERING A CITY-WIDE SPECIAL ELECTION TO BE HELD IN THE CITY OF PARIS ON THE SECOND SATURDAY IN SEPTEMBER 2005, THE SAME BEING THE 10TH DAY OF SEPTEMBER 2005, BETWEEN THE HOURS OF 7:00 O'CLOCK A.M. AND 7:00 O'CLOCK P.M., TO CONSIDER A PROPOSITION CALLING FOR THE ADOPTION OF AN ORDINANCE PROHIBITING THE COLLECTION, HANDLING, AND DISPOSITION OF RESIDENTIAL GARBAGE, TRASH, AND RUBBISH AND FOR THE METHOD OF FIXING CHARGES FOR SUCH SERVICE; PRESCRIBING THE FORM OF THE BALLOT; PERMITTING ONL Y RESIDENT QUALIFIED VOTERS TO VOTE; PROVIDING FOR EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOT BOARD; PROVIDING FOR NOTICE OF THE ELECTION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Motion to approve by Council Member Wilson. Council Members Ray and Fisher - second. Motion carried, 7 ayes - 0 nays. ~ I I Regular City Council Meeting June 27,2005 Page 8 11. Conduct a public hearing regarding a request from Rock Tree Properties, LLC, for a variance from the requirements of Section 28 of the Zoning Ordinance to construct a 180 foot camouflaged wireless communications facility (WCF) on part of Lot 3, SSLA Commercial Addition, being number 2845 Loop 286 NE. Mayor Fendley opened the public hearing and asked for anyone speaking in favor of this item to do so. Alex Kozell spoke in behalf of this item. Council Members Ray, Manning and Wilson . expressed concern about the location and height, specifically the possibility of the tower falling and safety issues. Mr. Kozell said it does not have to be 180 feet but believes 140 feet to 150 feet would be just as sufficient. Mayor Fendley asked for anyone speaking against this item to do so. With no one else speaking, Mayor Fendley closed the public hearing. A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF P ARlS, P ARlS, TEXAS, APPROVING AND AUTHORIZING A VARIANCE PURSUANT TO SECTION 28-113 OF SECTION 28, THE TOWER REGULATIONS, OR ORDINANCE NO. 1710, THE ZONING ORDINANCE OF THE CITY OF PARIS, SAID VARIANCE BEING GRANTED TO ROCK TREE PROPERTIES, LLC, TO CONSTRUCT A 180 FOOT CAMOUFLAGED WIRELESS COMMUNICATION FACILITY (WCF) ON PART OF LOT 3, SSLA COMMERCIAL ADDITION, BEING NUMBER 2845 LOOP 286 NE; PROVIDING ADDITIONAL CONDITIONS AND REQUIREMENTS ASSOCIATED WITH THE GRANT OF SAID VARIANCE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Motion to deny by Council Member Ray. Council Member Wilkerson - second. Motion carried, 6 ayes - 1 nay. Mayor Fendley voted against denial of this item. 12. Citizens Forum No one spoke. I .13. 14. 15. . Regular City Council Meeting June 27, 2005 Page 9 Possible future agenda items: Review of evaluations of City Manager, City Attorney and Municipal Court Judge in January 2006. Referrals. There were no referrals. There being no further business, the meeting was adjourned. CURTIS FENDLEY, MAYOR JANICE ELLIS, CITY CLERK I