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02 City Council (04/08/02)MINUTES OF THE CITY COUNCII, OF THE CITY OF PARIS April 8, 2002 The City Council of the City of Paris met in regular session, Monday, April 8, 2002, at 6:00 P. M., Paris Junior College, 2400 Clarksville Street, Room 1016, Paris, Texas. Mayor Michael J. Pfiester called the meeting to order with the following Council Members present: John F. Bell, Richard Manning, Joe E. McCarthy, Kevin Gray, and Benny Plata. Also present were City Manager Michael E. Malone, City Attorney Larry W. Schenk, and City Clerk Mattie Cunningham. Invocation was given by Mr. Richard Hart of the Christian Fellowship Church. Mayor Pfiester announced that the City Council had been furnished copies of minutes of the previous meetings and asked if there were any changes or additions to the minutes. There being no change, the minutes were approved as presented. Mayor Pfiester called for receipt of reports from committees, boards, and commissions. City Manager Malone reported that minutes from the Paris Public Library Advisory Board, Airport Advisory Board, and the Paris Economic Development Corporation had been furnished with no action being required. ORDINANCE NO. 2002-020 AN ORDINANCE OF THE CITY COUNCII, OF THE CITY OF PARIS, PARIS, TEXAS, DECLARING THE UNOPPOSED CANDIDATES 1N DISTRICT 1, 2, AND 6 ELECTED: DIRECTING THAT A COPY OF THIS ORDINANCE BE POSTED AT APPROPRIATE POLLING PLACES; DIRECTING THAT CERTIFICATES OF ELECTION BE ISSUED TO THE UNOPPOSED CANDIDATES; MAKING OTHER FINDINGS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE OF APRIL 8, 2002, WAS PRESENTED. City Council Meeting April 8, 2002 Page 2 A motion was made by Mayor Pro Tem Manning, seconded by Councilman Bell, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Mayor Pfiester announced that the next item on the agenda was an ordinance repealing Article III of Chapter 7, Section 7-46 through 7-53 of the Code of Ordinances of the City of Paris, entitled "Hazardous Buildings"; adopting a new Article III, Section 7-46 through 17-53, entitled "Substandard and Dangerous Buildings"; adopting Article IV of Chapter 7, Sections 7-81 through 7-89, entitled "Secured Building Permit"; and establishing a Building and Standards Commission. City Attorney Schenk advised that this is one of the charges given to the Legal Department. Three ordinances have already been adopted and they relate to the cleaning up of hazardous materials, beautification in the city, and weed and litter clean up. The city has also adopted ordinances for solid waste and junk vehicles. City Attorney Schenk informed the Council that two new Articles to the Code of Ordinances are proposed. The first one addresses the provisions to Article III of the current Code to revise the city's process for dealing with substandard buildings and structures and replace it with an ordinance that is consistent with state law. City Council has been presented with a twenty-two page ordinance with an agenda information sheet. Mr. Schenk said that Article III stays very close to state law. It would require the creation of a Building Standards Commission consisting of five appointed regular members and four alternates. These would be citizens with some degree of special expertise and interested in substandard buildings. The Code Inspectors would start to enforce the ordinance by giving appropriate notice to identify substandard structures by citing the owners about the substandard nature of the building. He advised that there would be a hearing before the Building Standards Commission and if there were an order issued regarding the respective properties and the property owner would be required to comply with those orders or appeal directly to District Court. City Council Meeting April 8, 2002 Page 3 City Attorney Schenk said the second part of the packet is Article IV and is completely new. He said there are provisions in the state statutes for this type regulation, but the ordinance itself is one generated by the Legal Department. City Attorney Schenk said that the ordinance provides an alternative enforcement tooL It allows property owners with buildings that are structurally sound eaternally but are not in compliance inside the building to opt to place the building in what is called a permitted secured status. Under this provision, the property owners can come in and file for a permit to place the building under secured status and if the Building Official finds that the structure is sound, but not in compliance with the city's building code, then the property owner can place the building in a secured status by filing an application for a permit and paying the fee. After the property is inspected and passes the inspection, the owner receives the permit for one year. City Attorney Schenk advised that after the one year, renewal is conditioned upon again paying the renewal fee and having an inspection by a private inspector that has been certified by the state. City Attorney Schenk said the ordinance would require necessary things to secure the building, such as placing plywood over any broken windows, making sure the front door is secure and closed, ensuring that the roof was sound and not sagging, and that as a condition of the permit, the property would also have to be in total compliance with other city ordinances. He said the buildings are usually placed on a higher profile list for police officers, similar to what is done when a property owner is on vacation. City Attorney Schenk requested that if the City Council wished to adopt the ordinance immediately that they set a delayed effective date such as June 1, 2002, in order for the city staff to have time to generate the forms, and do other training with the Code Inspection personnel that is necessary so that they will be ready when the ordinance becomes effective. He said the city would be sending copies of the ordinance to all of the Realtors and others who deal with property so that they will be fully aware of what the new requirements will be before the ordinance goes into effect. The City Attorney felt that the citizens should be made aware of what they now have to do with their property in order to get voluntary compliance. City Council Meeting April 8, 2002 Page 4 City Attorney Schenk discussed the citizen Building Standards Commission who will be the decision makers and will hold public hearings regarding dilapidated buildings and other structures. City Attorney Schenk said they were not emphasizing adoption of the ordinance tonight but wanted feedback from the City Council to see if city staff was going in the right direction. After further discussion, a motion was made by Councilman McCarthy, seconded by Councilman Bell, to table action on the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2002-021 AN ORDINANCE OF THE CITY COUNCII, OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ARTICLE II TO CHAPTER 25 OF THE CODE OF ORDINANCES, THE PLUMBING CODE, TO REVISE VARIOUS SECTIONS OF SAID CODE DEALING WITH CROSS-CONNECTION AND BACKFLOW PREVENTION TO CONFORM WITH REGULATIONS AND REQUIREMENTS IMPOSED BY THE TEXAS NATURAL RESOURCES CONSERVATION COMMISSION; REPEALING OTHER PRIOR INCONSISTENT PROVISIONS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Bell, seconded by Councilman Plata, for adoption of the ordinance. Resolution No. 2002-062, accepting the resignation of Dr. Gary E. Work as Medical Director of the Emergency Medical Service of the City of Paris; appointing Gleb Bourianoff to serve as Medical Director for the Emergency Medical Service of the City of Paris and approving and authorizing the execution of an EMS Medical Control Agreement, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. City Council Meeting April 8, 2002 Page 5 Resolution No. 2002-063, expressing support for applications for the Low Income Housing TaY Credit (LIHTC) Program through the Texas Department of Housing and Community Affairs for two (2) projects located in or annexed into the City of Paris; recognizing the economic necessity and benefit from either project, one being located at 1400 W. Washington Street, known as Paris Retirement Village, and the other being located at 2600 Stillhouse Road, known as the Residences on Stillhouse Road, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Carter, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-064, resolving that the Proclamation proclaiming April as "Fair Housing Month" in the City of Paris, was presented. A motion was made by Councilman Bell, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 7 ayes, 0 nays. City Manager Malone presented a resolution approving and authorizing a Surface Use Agreementby and among the Texas Militaty Facilities Commission, the Sports Car Club of America, Lamar County, Lamar County Chamber of Commerce, and the City of Paris regarding the use of Camp MaYey for a road rally conducted by the Sports Car Club of America. City Attorney Schenk advised the City Council that with regard to the road rally the City of Paris will be insuring that, if there is any liability, the City of Paris is one of the coindemnitors on that liability. The City Attorney said the city is being asked to indemnify and hold the Texas Militaty Facilities Commission harmless from any liability claims. City Attorney Schenk advised the City Council that he sent a letter to the lady who is the contact person with the Sports Car Club about being named as a coinsured on their insurance policy. He made contact with the lady today and she advised that she did not receive the letter. City Attorney Schenk said a copy of the letter was faYed to her, and she said she would get the letter to their insurance carrier. The city's insurance carrier (Texas Municipal League Risk City Council Meeting April 8, 2002 Page 6 Pool), recommended that the city do this. City Attorney Schenk also advised that he has a call into the Attorney General's office, because the Attorney General's office is the one that represents this commission and they are the one's that prepared the contract. City Attorney Schenk told the City Council that if they were to approve the contract immediately, he recommended that it be conditioned upon the city receiving assurance that the city will be a named insured on the Sports Car Club's five million dollar policy. He also said the City Council could defer passage of the ordinance until later in the year. After discussion, a motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to table action of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-065, authorizing and directing the Mayor to execute on behalf of the City of Paris, the Group Benefits Services Agreement with the Texas Municipal League Intergovernmental Employee Benefits Pool (TMI,- IEBP) for (1) Term Life Insurance, (2) Stop-loss Insurance for its otherwise self- funded MedicaUDentaUVision Program, (3) Third-Party Administrative Services for the above coverage, (4) Maintenance Drug Program, and (5) Long Term Disability, under the terms and conditions of the agreement, was presented. A motion was made by Councilman Bell, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-066, ratifying the filing of an application to the Federal Emergency Management Agency for a U. S. Fire Administration 2002 Assistance to Firefighters Grant in the amount of $151,200.00, being approximately 90% of the estimated cost of the Assistance to Firefighters Program, with the City of Paris providing $16,800.00 in funds, was presented. A motion was made by Councilman Plata, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 7 ayes, 0 nays. City Council Meeting April 8, 2002 Page 7 Resolution No. 2002-067, approving the Amendment No. 01 to the Grant for Routine Airport Maintenance Program with the Texas Department of Transportation, TxDOT Project No. AM 2002 Paris, in the total amount of $8,300.00, requiring a matching cash contribution of $4,150.00, was presented. A motion was made by Councilman Bell, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 7 ayes, 0 nays. Mayor Pfiester announced that the neat item on the agenda was consideration of and action on a resolution approving and authorizing the City Manager to execute a Real Estate Purchase Agreement, in a form acceptable to the City Manager and the City Attorney, with Leggett & Platt/Rodgers Wade for the purchase of the old "UARCO" building as the proposed site of the new Police and Courts Building. City Attorney Schenk explained that the city did not have a final agreement at this time. He said they have been negotiating and they are close to having the final agreement prepared. City Attorney Schenk summarized for Council what is agreeable to both parties. It was his understanding that the attorney for Rodgers & Wade has prepared another revised draft and they are going to get back with him hopefully within the neat forty-eight hours. He said the contract provides for a$25,000.00 earnest money deposit by the City of Paris when the contract is executed. If the city follows through on the agreement and closes on the property the money will be credited to the purchase price. The Company is asking for nine months before they are out of the premises. City Attorney Schenk pointed out this will give the city time to sell bonds and to get the architect working on the design, as well as many other things the city can do in that period of time. The city has asked for a minimum time frame so the city can get the things completed that are needed. The City Attorney has requested a casualty loss provision which would permit the city to break the contract if fire or other damage to the building occurs during the period between the signing of the contract and when Rodgers & Wade Manufacturing Company moves out of the building. The City Attorney explained that when the city signs the contract and Rodgers - Wade finally moves out of the building, responsibility needs to City Council Meeting April 8, 2002 Page 8 be allocated so the city is protected and has the opportunity to break out of the contract if the city so desires. City Attorney Schenk advised the City Council that they can adopt this resolution immediately, in which case he and the City Manager can complete the process of negotiations. The City Manager would be empowered to sign the contract without further review or input by the City Council, or the resolution can be carried forward until such time as the negotiations are complete and the final contract can be presented. Resolution No. 2002-068, resolving that the City Manager is hereby authorized to execute, on behalf of the City of Paris, a Real Estate Purchase Agreement with Leggett & Platt, Incorporated, a Missouri Corporation, for the purchase of that property located at Collegiate Drive and Clarksville Street, known as the "UARCO" property, under the terms and conditions and in a form acceptable to the City Manager and the City Attorney, was presented. A motion was made by Councilman Gray, seconded by Councilman Bell, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-069, approving the form of the Supplemental Agreement to the Construction Manager Contract for the Santa Fe Frisco Railroad Depot Rehabilitation Project, CSJ#0901-29-012, to adjust the original contract to include additional construction management services to complete the project and provide for a net increase of $38,178.00 in the contract price for a total contract price of $88,178.00, was presented. A motion was made by Councilman Bell, seconded by Councilman Carter, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-070, resolving that the City Council of the City of Paris does hereby deem it advisable to change the name of the Main Street Project Advisory Board to the Main Street Advisory Board, to act in an advisory capacity to the City Council in relation to the City's participation in the Texas Main Street Program, with said Board to consist of eleven (11) members for City Council Meeting April 8, 2002 Page 9 terms of (3) years each; and appointing Karen Wilkerson and Zachary Saffle to serve as members of the Main Street Advisory Board of the City of Paris for terms which end March 31, 2004, was presented. A motion was made by Councilman Bell, seconded by Councilman Carter, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-071, appointing Andrew F. Fasken and Don Morrell to serve the unexpired terms of Mark Buster and Paul Golden, which end December 31, 2002, as members of the Airport Advisory Board of the City of Paris, was presented. A motion was made by Councilman McCarthy, seconded by Councilman Bell, for approval of the resolution. The motion carried 7 ayes, 0 nays. Mayor Pfiester advised that the next item on the agenda, accepting a deed of donation of property located at 1728 Maple Avenue from Era Mae Franklin, had been tabled at a previous meeting, and if the City Council wishes to consider this item, a motion to bring it from the table is required. A motion was made was made by Mayor Pro Tem Manning to bring this item from the table. After discussion, Mayor Pro Tem Manning withdrew his motion. City Manager Malone called for discussion of the status of a jail contract pursuant to the Interlocal Cooperation Act by and between the City of Paris and Lamar County for consolidated jail facilities. City Attorney Schenk advised the City Council that a draft contract has been prepared and Chief Louis has taken the contract and discussed it with the Sheriff, and basically they are in agreement. Karl Louis, Police Chief, came forward reporting that he and the Sheriff are looking at the contract and will be meeting tomorrow with the City Attorney, District Attorney, and County Judge to get things resolved at that time. City Council Meeting April 8, 2002 Page 10 There being no further business, a motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to adjourn the meeting. The motion carried 7 ayes, 0 nays. MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK