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03 City Council Min 7-25-05 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS J Diy 25, 2005 1. The City Council of the City of Paris met in regular session at 6:00 P. M. Monday, July 25, 2005, at the Love Civic Center, 2025 South Collegiate Drive, Paris, Texas. Present: Mayor: Curtis Fendley Council Members: Richard Manning, Mayor Pro Tern, Karen Wilkerson, Rick Poston and Don Wilson City Staff: City Manager Tony N. Williams, City Attorney Larry W. Schenk, City Clerk Janice Ellis Absent: Council Members: Tim Ray and Mary Ann Fisher The meeting was called to order. CONSENT AGENDA Upon a motion made by Council Member Poston and a second by Council Member Manning, the Council voted seven (5) 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 (July 11, 2005, Special Work Session, July 11, 2005). 3. Receipt of reports and/or minutes from committees, boards, and commissions: A. Paris Economic Development Corporation Board. (6-15-05) B. Historic Preservation Commission. (6-27-05) C. Paris Public Library Advisory Board. (6-15-05) 4. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2005-081: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING MEMBERS TO THE BAND COMMISSION OF THE CITY OF PARIS, MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE. ~ I I Regular City Council Meeting July 25, 2005 Page 2 5. Public Hearing pursuant to Chapter 7 of the City Charter and Section 43.142 of the Local Government Code, to consider the disannexation of two tracts of land forming a portion of the current outer boundaries of the city limits of the City of Paris, being a 63.397 acre tract at the most westerly boundary line and a 193.94 acre tract at the most easterly boundary line. Mayor Fendley opened the public hearing and asked for anyone speaking in favor of this item to do so. No one spoke in support of this item. Mayor Fendley asked for anyone speaking against this item to do so. With no one speaking, Mayor Fendley closed the public hearing. 6. Consideration of and action on the following ordinances: A. Second Reading - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT ORDINANCE NO. 2001-033, WHICH GRANTED A FRANCHISE FOR ELECTRIC SERVICE TO TEXAS UTILITIES ELECTRIC COMPANY, PREVIOUSLY KNOWN AS ONCORELECTRIC DELIVERY COMPANY, NOW KNOWN AS TXU ELECTRIC DELIVERY COMPANY, BE EXTENDED FORA PERIOD OF TWEL VE (12) MONTHS PENDING NEGOTIATION OF A NEW FRANCHISE; PROVIDING FOR CONTINUED COMPENSATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS WITH OTHER ORDINANCES; MAKING OTHER FINDINGS AND PROVISIONS RELA TED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Council Member Poston inquired as to how we audit the people who owe franchise fees. Tony Williams explained that the contractual arrangement gives the City power to request any records from the company. Council Member Poston expressed concern about the number of retailers selling electricity and them possibly not knowing what our franchise rates are in the city. Larry Schenk informed Council that in approximately 2003 there was a case on the TXU system that involved all of the cities and the amount of franchise fees and what components of the retail sales should be included in the franchise. Council Member Wilson wanted to know if there was a penalty for not paying the franchise fee in a timely manner. Larry Schenk said that his recollection was that the settlement out of that case involved a component of interest. Motion to approve by Council Member Poston. Council Member Wilson - second. Motion carried - 5 ayes, 0 nays. ~ I I 7. Regular City Council Meeting July 25, 2005 Page 3 Consideration of and action on the following resolutions: A. RESOLUTION NO. 2005-082: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ACKNOWLEDGING FORMAL RECEIPT FO THE 2005-2006 CERTIFIED APPRAISAL ROLL FOR TAX APPRAISAL PURPOSES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Motion to approve by Council Member Manning. Council Member Wilson - second. Motion carried - 5 ayes, 0 nays. B. RESOLUTION NO. 2005-083: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, RATIFYING A SUPPLEMENTAL GRANT APPLICATION AND ACCEPTING A GRANT A WARD FROM THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION TO FUND THE RED RIVER VALLEY DRUG TASK FORCE, GRANT NO. DB-02-AI0-13854-06, FOR THE GRANT PERIOD JUNE 1, 2004 THROUGH SEPTEMBER 30, 2005; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Council Member Manning wanted to know why we had such a short period of time. Chief Louis explained the funding was delayed from the federal level to the state level and the purpose was to set the grant up with the rest of the fiscal year budget. Motion to approve by Council Member Manning. Council Member Poston - second. Motion carried - 5 ayes, 0 nays. C. RESOLUTION NO. 2005-084: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL MANAGEMENT SERVICES AGREEMENT TO IMPLEMENT A CONTRACT ADMINISTRATION SYSTEM UNDER THE GENERAL DIRECT OF THE TDHCA HOME PROGRAM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Lisa Wright told Council this was a home program grant received by the City for I Regular City Council Meeting July 25, 2005 Page 4 several years. She explained that Bob Jones, the administrator, has resigned from the program and the remainder was bid out and Denise Dority was the best bidder. Council Member Poston wanted to know what we do in the program. Lisa Wright explained that we qualify applicants for low to moderate income housing and we help the people complete the paperwork to qualify for loans. Motion to approve by Council Member Wilson. Council Member Wilkerson - second. Motion carried - 5 ayes, 0 nays. D. RESOLUTION NO. 2005-085: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE FILING OF AN APPLICATION WITH THE COUNCIL FOR EXCELLENCE IN GOVERNMENT, UNDER THE AUSPICES OF THE INNOVATIONS IN AMERICAN GOVERNMENT AWARDS PROGRAM TO PROPOSE THE CITY'S HOMESTEAD PROGRAM AS AN ELIGIBLE RECIPIENT FOR A 2006 INNOVATIONS IN AMERICAN GOVERNMENT AWARD; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Motion to approve by Council Member Poston. Council Member Manning - second. Motion carried - 5 ayes, 0 nays. E. RESOLUTION NO. 2005-086: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF PARIS AND PARIS COCA- COLA BOTTLING COMPANY OF NORTH TEXAS FOR THE PURCHASE OF SCOREBOARDS AT THE PARIS SPORTS COMPLEX IN RETURN FOR SAID BEVERAGE AGREEMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Motion to approve by Council Member Poston. Council Member Wilson - second. Motion carried - 5 ayes, 0 nays. 8. Discuss the City's current practice regarding notices for delinquent water accounts. Tony Williams informed Council the current bill states when it is due, when the late fee is due and the cut off date. The question has come up as to if the State TCEQ requires ì I Regular City Council Meeting July 25, 2005 Page 5 us to send a second notice and the answer is no. The section in the law, Section 291, that was quoted in the Paris News, relates to investor owned utilities. Tony Williams advised that some cities do not mail out the reminder notices to save money, but instead purchase a software program called a phone tree. He asked the Council to consider this option. Council Member Wilson was concerned about the people who have unlisted telephone numbers or who do have not have a phone. Council Member Wilson said that he thought we should go back to the second notice until we get this worked out. Council gave direction to staff to pursue the phone tree, as well as send the second notice until the phone tree is in place. 9. Presentations A.. Citizens Forum Gene Ray - (Ray Signs) 6369 Lamar Road, Reno, Texas, is opposed to the sign ordinance Lisa Denman - (Ray Signs) 6369 Lamar Road, Reno, Texas, is against the sign ordinance Bobby Stillville - spoke against the city requiring $150.00 water hook-up fee and thinks that the city should send a delinquent notice for a late water bill H. W. Kueckelhan - business address is 2720 Lamar Avenue, spoke about the way the city is sending out the water bills and the expense. He said with proper bulk mailing the city could save money. Matt Denman - (Ray Signs) 6369 Lamar Road, Reno, Texas, is against the sign ordinance. He referenced the petition handed out by Mr. Ray and stated it had over 120 business owners and over 320 signatures from people, who were against the sign ordinance 10. Possible future agenda items. None were referenced. 11. Referrals. There were no referrals. ~ I I Regular City Council Meeting July 25, 2005 Page 6 12. Adj oumment. There being no further business, the meeting was adjourned. CURTIS FENDLEY, MAYOR JANICE ELLIS, CITY CLERK I