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05 City Council (11/11/02) AMENDED MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF PARIS November 11, 2002 The City Council of the City of Paris, met in regular session, Monday, November 11, 2002, at 6:00 P.M., Paris Junior College, Applied Technology Building, Room 1016, 2400 Clarksville Street, Paris, Texas. Mayor Pro Tem Richard Manning called the meeting to order with the following Council Members present: John F. Bell, Joe E. McCarthy, Francine Neeley, Willie Weekly, Sr., 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 Councilman Joe E. McCarthy. Mayor Pro Tem Manning called for the approval of the minutes of previous meetings and asked if there were any changes or corrections. Councilman McCarthy pointed out a typographical error in the October 14, 2002 City Council minutes on page eight. With that correction, the minutes were approved as presented. City Manager Malone announced that the next item on the agenda was receipt of reports from committees, boards, and commissions. Minutes from the Paris Public Library Advisory Board, Paris/Lamar County Board of Health, Airport Advisory Board and the Paris Economic Development Corporation were furnished with no action being required. Eric Roddy, Assistant Director for Paris Economic Development Corporation, came forward presenting the quarterly report for the Paris Economic Development Corporation. Mr. Roddy said it has been a very exciting quarter for the Paris Economic Development Corporation. The PEDC sales tax receipts were at a record high and Paris is holding strong in spite of the national trend. Mr. Roddy advised that there were 46 inquiries from the marketing efforts City Council Regular Meeting November 11, 2002 Page 2 from the Texas Department of Economic Development. Mr. Roddy said that on September 3, 2002, they had a site visit by a company referred to as "Winter." The company wants to construct a 700,000 square foot facility and would bring approximately 225 jobs to our community. He advised that gas and power supply were major requirements for this company. Mr. Roddy showed the City Council photographs of two sites that were shown to this company. Site Number Two is right next to Kimberly-Clarkwhich is close to the power plant and there is a twelve-inch gas line on the site. Another site is located directly behind Turner International Piping and this site also has a major power line across it as well as a gas line. Mr. Roddy said the company came down and they showed the company these sites and they were very impressed with site number two. The company asked them to go out and get a soil sample, which has been done, and the results were submitted to the company last week. Mr. Roddy reported that work is moving ahead on the new Northwest Industrial Park. The park is being developed into a state-of-the-art industrial site. Their primary objective is to create a park that industry desires. On September 25, 2002, Mr. Roddy reported that he and Gary Vest traveled to San Antonio for the Texas Economic Development Council's annual meeting. Mr. Roddy said they felt that the next legislative session is going to be one of the most challenging ever. The state is projecting anywhere from a five to twelve million dollar shortfall. He said it was his belief that the state's answer is economic development. Mr. Roddy assured the City Council that he and Mr. Vest will be in Austin to show how important economic development sales tax is to Paris. Mr. Roddy advised that NETMOB traveled to Austin on October 31, 2002, to show support for the completion of Highway 24 which is vital to the future success of our current and future companies. City Council Regular Meeting November 11, 2002 Page 3 Ronnie Grooms, Fire Chief, came forward asking that Charles Williams and Gary Gentry, who are citizens of Paris, to come forward and commended them for their valiant efforts on the morning of October 20, 2002, in activating the emergency 911 system and in trying to save a fellow citizen. Fire Chief Grooms presented each citizen with a certificate of appreciation. Fire Chief Grooms also asked Firefighters Brian Palmer, Dan Frey, and Ronnie Bass to come forward and commended them for excellence in the line of duty by extricating a person from a burning structure and providing initial care. Fire Chief Grooms presented each firefighter with a plaque of appreciation. Mayor Pro Tem Manning called for consideration of and action on an ordinance amending the Code of Ordinances of the City of Paris, Paris, Texas, by repealing Sec. 11-44, eliminating the requirement for a bond by applicants for electrical contractors' licenses, revising Sec. 11-91, adopting the National Electrical Code, 2002 Edition, and repealing Sec. 11-92. Steven Methven, Chief Building Inspector, came forward and explained that for years the City of Paris has required plumbers, HVAC people, and electricians to have a $1,000.00 surety bond, which meant this would take care of the job if the contractor did not finish the job. Mr. Methven advised that he has been with the city for 24 years and has not seen one of the bonds used. He said it was a burden on an electrician to have to purchase the extra bond. Mr. Methven advised the City Council that plumbers, HVAC people, and electricians carry liability insurance, so it is actually covered under their liability. Mr. Methven advised the City Council that the electricians are licensed by the City of Paris and the plumbers and HVAC people are licensed by the State of Texas as are the people who install sprinkler systems. They are required to have certain bonding and the City of Paris cannot make them bond if they meet the requirements of their state license. After discussion, a motion was made by Councilman McCarthy, seconded by Councilwoman Neeley to table action on this ordinance and requested checking with other cities to see what they are doing and what their fees City Council Regular Meeting November 11, 2002 Page 4 were, and to bring that information back to the City Council. The motion carried 6 ayes, 0 nays. Resolution No. 2002-166, approving the form of the Certification Agreement between the Texas Historical Commission and the City of Paris for participation in the Certified Local Government Program, and authorizing and directing the Mayor to execute on behalf of the City of Paris, the Certificate Agreement between the Texas Historical Commission and the City of Paris for participation in the Certified Local Government Program was presented. A motion was made by Councilman Bell, seconded by Councilwoman Neeley, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2002-167, a resolution of the City Council of the City of Paris, Paris, Texas, authorizing on behalf of the City of Paris a waiver of eligibility to apply for a grant from the Juvenile Accountability Incentive Block Grant Program; designating Lamar County as the recipient of the City's share of said grant, with the City of Paris participating in the Juvenile Crime Enforcement Coalition created by Lamar County; approving the form of the aforesaid grant waiver of application; authorizing the execution of said waiver; authorizing participation in the juvenile crime enforcement coalition created by Lamar County; authorizing participation by the Chief of Police, was presented. A motion was made by Councilman Weekly, seconded by Councilman Bell, for approval of the resolution. The motion carried 6 ayes, 0 nays. Mayor Pfiester entered the council chambers at 6:32 P.M., and he assumed his seat at the council table. Resolution No. 2002-168, approving demolition and construction services related to the City's annual street maintenance program be advertised for bids to be received after due notice at the office of the City Manager of the City of Paris, City Hall, 135 1st Street S.E. Paris, Texas 75460, until 3:00 P.M. on Tuesday, December 3, 2002, or at such other date and time as the City Council Regular Meeting November 11, 2002 Page 5 City Manager may direct, at which time said bids will be opened in the City Council Chamber, City Hall, 135 Ist Street S.E., Paris, Lamar County, Texas, and bids will thereafter be tabulated and presented to the City Council for the purpose of letting such bid, was presented. A motion was made by Councilman Plata, seconded by Councilman Bell, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-169, approving the furnishing and delivery of unleaded gasoline and diesel fuel for use by various departments of the City of Paris be advertised for bids to be received after due notice at the office of the City Manager of the City of Paris, City Hall, 135 Ist Street S.E. Paris, Texas 75460, until 3:00 P.M. On Tuesday, December 3, 2002, or at such other date and time as the City Manager may direct, at which time said bids will be opened in the City Council Chamber, City Hall, 135 Ist Street S.E., Paris, Lamar County, Texas, and bids will thereafter be tabulated and presented to the City Council for the purpose of letting such bid, was presented. A motion was made by Mayor Pro Tern Manning, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-170, authorizing and directing the City Clerk to advertise bids for a lease on property located on part of Lots 6 and 7, City Block 251-A, being number 1231 N. Main Street, Paris, Texas, said bids to be received by 3:00 P.M. on Tuesday, December 3, 2002, or at such other date and time as the City Manager may direct, at which time said bids will be opened in the City Council Chambers, City Hall, 135 S.E. Ist Street, Paris, Lamar County, Texas, and bids will thereafter be tabulated and presented to the City Council for the purpose of letting such bid, was presented. A motion was made by Councilman Weekly, seconded by Councilman Bell, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-171, approving the exercise of Option by Cary Eatherly, and the same is hereby granted for a period of five (5) years, beginning May 15, 2002, and ending May 14, 2007, for the pasture lease at City Council Regular Meeting November 11, 2002 Page 6 Cox Field Airport, was presented. A motion was made by Councilwoman Neeley, seconded by Mayor Pro Tem Manning, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No.2002-172, resolving that upon finding the abandonment by the City Attorney for the Hay Lease for approximately 170 acres at Lake Gibbons property be advertised for bids to be received after due notice at the office of the City Manager of the City of Paris, City Hall, 135 1st Street S.E., Paris, Texas 75460, until 3:00 P.M. on Tuesday, December 3, 2002, or at such time and date as the City Manager shall determine appropriate, at which time said bids will be opened in the City Council Chambers, City Hall, 135 S.E. 1st Street S.E. Paris, Texas and bid will be tabulated and presented to the City Council at a later date for the purpose of letting such bid, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Weekly, for adoption of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-173, appointing Kevin Gray to serve the unexpired term of Keith Williamson, which ends June 30, 2004, as a member of the Library Advisory Board of the City of Paris, was presented. A motion was made by Councilman Plata, seconded by Councilwoman Neeley, for approval of the resolution. The motion carried 7 ayes 0 nays. Mayor Pfiester called for consideration of and action on the following Aviation Permit request for 2002- 2003 and approving the requested exemptions from Sec. 6-22 (d) and 6-28 (2) of the Code of Ordinances of the City of Paris, A. David Jones d.b.a. Air Direct, LLC (1). Mr. David Jones, Powderly, Texas, came forward telling the City Council that he was awarded an air carrier certificate by the Federal Aviation Administration, which allows him to do on demand air charter services from northeast Texas to anywhere in the 48 states. As a result of receiving City Council Regular Meeting November 11, 2002 Page 7 the certification, he visited with the Jim Collier, Airport Manager at Cox Field Airport, and was informed by him that he needed to get a commercial operator's permit from the City of Paris to operate out of the airport. Mr. Jones said when he applied for the permit, it referenced requirements under city ordinances, and upon reviewing those requirements, he asked the City Council to consider waiving two of those requirements. Mr. Jones told the City Council that his official base of operation is at Powderly, and the name of his company is Air Direct, LLC. The requirement that he was asking to be waived is the one that requires him to be a part of the volunteer fire department and rescue crew to answer all emergencies and to take annual recurrent training related to that. He said he was not a firefighter nor does he have a desire be one at this point in his life, and asked that this requirement be waived. The next requirement was one that requires a twelve- hour dispatch. Mr. Jones said that if someone called him and wanted to take a charter flight, he would have to be available and ready for dispatch within twelve hours. He said that contradicts the FAA Rules and Regulations that he is regulated by. Mr. Jones advised that there are times that he is required to have a fourteen-hour rest period before he is available for dispatch. Also, with having only one aircraft and one pilot, if he is on a trip, he may be gone for two to three days and it would be impossible for him to be available for dispatch within the confines of the twelve-hour notice. For these reasons, Mr. Jones requested that these requirements be waived. City Attorney Schenk advised the City Council that he has talked to Tommy Haynes and Mr. Collier, and explained that these ordinances have historical significance, and advised that there are no provisions for waiver under the ordinance but Sec 6-22(d) does not have a practical application any more and he felt that came up when an older fire vehicle was located at the airport, and that is no longer the practice. City Attorney Schenk said that next month is when the city will be doing the renewal on all of the permits for operation out of the airport. City Attorney Schenk said he would like to come back and amend the Code of Ordinances by removing the requirements that are no longer needed. Mr. Schenk felt that the same City Council Regular Meeting November 11, 2002 Page 8 is true with regard to the twelve-hour requirement for dispatch. Mr. Jones said he would like something in writing because failure to comply with these requirements makes him subject to a misdemeanor and he would not want that on his record. Mr. Jones said the third item for clarification is for him to name the City of Paris as a coinsured on his insurance policy even though he does not have facilities at the Paris Airport. City Attorney Schenk advised that this is a requirement of all permittees, and it is not directly associated with physical facilities at the airport. He stated that if there is any occurrence that would in any way subject the city to some type of liability claim as a result of his operation, whether it is based in a structure or not in a structure, the city expects to be insured from any sort of liability that could be incurred as a result of his operation at the airport. After further discussion, a motion was made by Councilman Bell, seconded by Councilman Weekly, to table action on this item. The motion carried 7 ayes, 0 nays. At 7:02 P.M. the City Council took a short break. Mayor Pfiester reconvened the meeting at 7:17 P.M. Mayor Pfiester announced that the next item on the agenda is receipt, consideration, discussion and possible action on goals and objectives of the City Council of the City of Paris for FY 2002-2003. The goals that the City Council came up with are as follows: Councilman Plata 1. Have ten houses demolished by October 2003. City Council Regular Meeting November 11, 2002 Page 9 2. All departments and City Council to become character minded. 3. Better working relations with other governmental entities. 4. Cut taxes and rates. Councilman Weekly 5. More active role in Economic Development, especially in the drainage. 6. Improvements to streets, curbs and guttering. Councilwoman Neeley 7. Keep Paris Beautiful. 8. More space for the library. 9. Finish all of the sports complex. 10. Complete the ADA City Council Chambers. Councilman Bell 11. More ads for the Festival of Pumpkins. Mayor Pro Tem Manning 12. Replace old water and sewer lines. 13. More code enforcement. 14. Complete the Police Station. 15. Look at zoning and see if there are changes that need to be made. Councilman McCarthy 16. Complete Council Chambers, removal of houses, taxes. Mayor Pfiester 17. Budget efficiency. 18. Change the way we do business. 19. Check the growth of city departments. City Attorney Schenk reminded the City Council that there is a base line of activities that all city employees perform. City Council expects the employees to do these activities. Goals and objectives are very productive but the Council needs to keep in mind what keeps the city going. City Council Regular Meeting November 11, 2002 Page 10 After discussion, Mayor Pfiester said he was going to call a workshop session in order to work on the goals and objectives that have been developed tonight. There being no further business, a motion was made by Councilman McCarthy, seconded by Councilman Weekly, to adjourn the meeting. The motion carried 7 ayes, 0 nays. MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK