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02 City Council Min 10-24-05 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS October 24, 2005 1.The City Council of the City of Paris met for a special work session at 6:00 P. M. Monday, October 24, 2005, at the Love Civic Center, 2025 South Collegiate Drive, Paris, Texas. Present:Mayor:Curtis Fendley Council Members:Tim Ray; Richard Manning, Mayor Pro Tem; Mary Ann Fisher; Rick Poston; and Don Wilson City Staff:Tony N. Williams, City Manager; Larry W. Schenk, City Attorney; and Janice Ellis, City Clerk Absent:Council Members:Karen Wilkerson CONSENT AGENDA Upon a motion made by Council Member Fisher and a second by Council Member Manning, the Council voted six (6) for and none (0) opposed to approve and adopt the Consent Agenda, Items 2, 3A, 3B, and 4A as follows: 2.Approval of minutes from previous City Council meetings. (10-10-2005) 3.Receipt of reports and/or minutes from committees, boards, and commissions: A.Civil Service Commission. (10-13-05) B.Historic Preservation Commission. (9-14-05; 9-26-05) 4.Consideration of and action on the following resolutions: A.RESOLUTION NO. 2005-129: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING A MEMBER TO THE TRAFFIC COMMISSION TO SERVE THE UNEXPIRED TERM OF RICK MACKEY WHICH EXPIRES JUNE 30, 2007; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Regular City Council Meeting October 24, 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 a 691.82 acre tract of land between Cox Field and US Hwy 82 East forming a portion of the current outer boundaries of the city limits of the City of Paris. 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. Council Member Fisher inquired as to why the City wanted this land five years ago and sued the City of Reno over it. She also inquired as to if this land was a part of the Master Plan for the City of Paris. Council Member Fisher wanted to know what this piece of land had to do with the lift stations. She said she would like to have answers to these questions. Mayor Fendley asked that Tony get this information. With no one else speaking, Mayor Fendley closed the public hearing. 6.Public Hearing pursuant to Chapter 7 of the City Charter and Section 43.142 of the Local Government Code, to consider the disannexation of a 313.095 acre tract of land at US Hwy 271 North forming a portion of the current outer boundaries of the city limits of the City of Paris. 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. 7.Public Hearing pursuant to Chapter 7 of the City Charter and Section 43.142 of the Local Government Code, to consider the disannexation of a 120.01 acre tract of land at State Hwy 19/24 South forming a portion of the current outer boundaries of the city limits of the City of Paris. 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. Regular City Council Meeting October 24, 2005 Page 3 8.Consideration of and action on the following ordinances: A.ORDINANCE NO. 2005-057: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THE CITY OF PARIS, AS A PART OF THE COMPANY’S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; APPROVING COOPERATION WITH OTHER CITIES WITHIN THE ATMOS ENERGY CORP., MID-TEX DIVISION DISTRIBUTION SYSTEM AS A PART OF THE ATMOS CITIES STEERING COMMITTEE (ACSC); AUTHORIZING ACSC TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION; AUTHORIZING INTERVENTION AS PART OF ACSC IN ANY APPEAL OF THE CITIES ACTION TO THE RAILROAD COMMISSION; PROVIDING A REQUIREMENT FOR A PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORP., MID-TEX DIVISION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Council Member Wilson wanted to know how much this would cost the City. Larry Schenk informed Council that it is not suppose to cost the City anything. A Motion to approve was made by Council Member Poston and seconded by Council Member Manning. Motion carried, 5 ayes - 1 nay, with Council Member Wilson casting the dissenting vote. B.ORDINANCE NO. 2005-058: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING SECTION 34- 28(a)(1) OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, DEALING WITH DEPOSITS TO ENSURE PAYMENT FOR RESIDENTIAL WATER, SEWER, AND GARBAGE SERVICE, TO ALLOW CUSTOMERS TO TRANSFER THEIR DEPOSIT WITHOUT INCREASE FOR CUSTOMERS WHO HAVE MAINTAINED THEIR ACCOUNTS WITHOUT DELINQUENCY FOR THE PERIOD OF TIME THE CITY MAINTAINS BILLING RECORDS ON SUCH DELINQUENCIES, NOT TO EXCEED TEN YEARS; MAKING OTHER Regular City Council Meeting October 24, 2005 Page 4 FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Council Member Poston inquired about the time frame. Tony Williams told Council it was seven years. Tony explained that if you are a new customer with no history, you would be required to put up a $150.00 deposit. He said if that same customer moved within the City and had a good history, the deposit would transfer. Council Member Wilson wanted to know if a customer buys rental property would that customer be required to put up a $150.00 deposit. Gene Anderson told Council that new accounts would require a $150.00 deposit. He also said that most landlords require the person who is renting the property to put the water in his or her name. A Motion to approve was made by Council Member Wilson and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. C.ORDINANCE NO. 2005-059: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ARTICLE II, DIVISION 1 OF CHAPTER 31 OF THE CODE OF ORDINANCES TO ADD A NEW SECTION 31-31 THERETO PROHIBITING THE UNLAWFUL USE OF ENGINE BRAKES, JAKE BRAKES, COMPRESSION BRAKES, MECHANICAL EXHAUST DEVICES, OR OTHER SIMILAR DEVICES; PROVIDING FOR A PENALTY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Council Member Ray wanted to know if training would be provided for the police officers with regard to enforcing this Ordinance. Chief Louis answered in the affirmative. Shawn Napier said they will go through the process of getting the signs approved so that they can post the signs. Tony Williams told Shawn that he did not think he would have to go through the same process as the signs required by the truck ordinance. Tony said most cities post the signs at the city limits on all highways entering the city. A Motion to approve was made by Council Member Poston and seconded by Council Member Wilson. Motion carried, 6 ayes - 0 nays. Regular City Council Meeting October 24, 2005 Page 5 9.Consideration of and action on the following resolutions: A.RESOLUTION NO. 2005-130: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE CITY MANAGER TO OBTAIN SHORT TERM FINANCING FROM THE CITY’S DEPOSITORY BANK IN ACCORDANCE WITH SECTIONS 79 AND 80 OF THE CITY CHARTER AND THE CITY’S DEPOSITORY CONTACT; PROVIDING FOR THE REPAYMENT OF SAID FINANCING BY OR BEFORE A CERTAIN DATE DURING FISCAL YEAR 2005-2006; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Council Member Manning wanted to know if they were planning to use this. Tony informed Council that he did not anticipate using this; however, it would give the authority to do so, if needed. A Motion to approve was made by Council Member Wilson and seconded by Council Member Poston. Motion carried, 6 ayes - 0 nays. B.RESOLUTION NO. 2005-131: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ORDERING ATMOS ENERGY, MID-TEX DIVISION TO SHOW CAUSE REGARDING THE REASONABLENESS OF ITS EXISTING NATURAL GAS DISTRIBUTION RATES WITHIN THE CITY; REQUIRING ATMOS ENERGY, MID-TEX DIVISION TO SUBMIT A RATE PACKAGE BASED ON A RATE YEAR ENDING JUNE 30, 2005; DIRECTING THAT SUCH FILING SHALL BE MADE BY DECEMBER 31, 2005; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve was made by Council Member Poston and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. C.RESOLUTION NO. 2005-132: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING A GRANT APPLICATION TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, FOR A RED RIVER Regular City Council Meeting October 24, 2005 Page 6 VALLEY DRUG TASK FORCE GRANT IN THE AMOUNT OF $369,861.00, WITH THE CITY OF PARIS PROVIDING $44,965.00 IN MATCHING FUNDS; AUTHORIZING THE EXECUTION OF AN INTERAGENCY AGREEMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve was made by Council Member Wilson and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. D.RESOLUTION NO. 2005-133: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING THE SALE OF TAX DELINQUENT PROPERTY DESCRIBED AS PART OF LOT 10, CITY BLOCK 6, BEING NUMBER 143 SOUTH MAIN STREET; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve was made by Council Member Wilson and seconded by Council Member Manning. Motion carried, 6 ayes - 0 nays. E.RESOLUTION NO. 2005-134: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A NEW LEASE AGREEMENT BETWEEN THE CITY OF PARIS AND COX SOUTHWEST HOLDING, L.P. FOR CONTINUED USE OF CITY-OWNED PROPERTY LOCATED TH WEST OF NORTHWEST 19 STREET AS A SITE FOR A COMMUNICATIONS TOWER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Tony explained this tract of land was leased twenty-five years ago for $500.00 a year and a tower was placed on it. Tony told Council that Cox wanted a renewal of the same contract; however, he thinks it should be significantly more than $500.00 a year. Larry Schenk said the lease presented would be twenty-five one year terms, with a clause to include CPI, increase in the insurance, they would be required to participate in co-location discussions if there was an opportunity, and the City would have the option at any given year to terminate the agreement. Mayor Fendley wanted to know the amount PEDC charged to lease the land in Industrial Park for the tower located there. Council Member Wilson said the going offer is $500.00 a month for a small tower. Regular City Council Meeting October 24, 2005 Page 7 A Motion to approve this item with a $500.00 monthly lease fee was made by Council Member Wilson and seconded by Council Member Manning. Motion carried, 6 ayes - 0 nays. F.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE ADJUSTMENT OF THE BASE SALARY FOR THE DEPUTY CHIEF POSITION WITHIN THE CITY OF PARIS FIRE DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Tony Williams said that Fire Chief, Ronnie Grooms, requested this item be placed on the Agenda. Tony explained the three positions were deputy chiefs. He explained that because of pay classification, the people they supervise quite often make more than the deputy chiefs . Tony told Council staff was planning to do a salary survey in January. A Motion to table this item was made by Council Member Poston and seconded by Council Member Ray. Motion carried, 6 ayes - 0 nays. G.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, NOMINATING A CANDIDATE OR CANDIDATES FOR MEMBERSHIP ON THE BOARD OF DIRECTORS OF THE LAMAR COUNTY APPRAISAL DISTRICT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mayor Fendley informed Council that he had not had time to look at this and asked if it could be tabled to their November meeting. Mayor Fendley suggested that everyone bring names back to their November meeting and discuss at that time. Council Member Ray said that since Mr. Manning was already on the Board, he wanted to make Motion to nominate Richard Manning as a member to the Lamar County Appraisal District. Council Member Fisher seconded the Motion. Motion failed, 3 ayes - 3 nays with Council Member Wilson, Council Member Poston and Mayor Fendley casting the dissenting votes. Regular City Council Meeting October 24, 2005 Page 8 Council Member Wilson expressed concern about having a Council Member serve on this Board. Mayor Fendley said he thought it was a conflict. Council Member Wilson wanted to know if a council member had served in the past. Council Member Manning told Council that Eric Clifford, as well as himself had served on the Board. Larry Schenk advised Council that statute allows an elected official of a taxing unit to serve on the Board. Council Member Poston said he would like to see Council come up with a list of names. A Motion to table this item was made by Council Member Ray and seconded by Council Member Poston. Motion carried, 6 ayes - 0 nays. 10.City Manager Report concerning end of year financial status. Tony Williams stated we are in an audit and it will probably be February before the audit is presented to Council. Tony reported that the City ended the year in significantly better shape than last year. In the general fund last year, we ended with a deficit of 1.7 million and in the general fund this year, we had a favorable variance of 1.8 million dollars. In the water and sewer fund this year, we ended the year with a favorable variance of five hundred thousand dollars. We are still in the hole in the water and sewer fund, because last year we ended with a deficit of 2.4 million dollars. We are moving in the right direction financially, but it is going to take us some period of time to get ourselves where we need to be. Larry Schenk asked if they could go back to item number 9E. Mayor Fendley informed Council the Resolution is drafted for an annual fee of $6,000.00, as opposed to a monthly fee. Mayor Fendley called for a Motion to amend. A Motion to Amend the Resolution regarding the Lease Agreement between the City of Paris and Cox Southwest Holding, L.P. was made by Council Member Ray and seconded by Council Member Wilson. Motion carried, 6 ayes - 0 nays. 11.Citizens Forum. No one spoke. 12.Possible future agenda items. None were referenced. Regular City Council Meeting October 24, 2005 Page 9 13.Referrals. Bobby Smallwood - requested a change in zoning from Agricultural to Planned Development (Office Center). A legal description of the property is described in the attachment to the Affidavit Request. 14.There being no further business, the meeting was adjourned. _____________________________ CURTIS FENDLEY, MAYOR ___________________________ JANICE ELLIS, CITY CLERK