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02 City Council (12/09/02)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF PARIS December 9, 2002 The City Council of the City of Paris met in regular session, Monday, December 9, 2002, at 6:00 P. M., Paris Junior College, Applied Technology Building, Room 1016, 2400 Clarksville Street, 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, 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 Richard Hart of the Christian Fellowship Church. Mayor Pfiester announced that the City Council had been furnished copies of minutes from previous meetings and asked if there were any corrections or additions; there being none, the minutes were approved as presented. City Manager Malone presented the minutes from the Paris Public Library and the Paris Economic Development Corporation with no action being required. The Airport Advisory Board minutes of the November 19, 2002, meeting were also presented by City Manager Malone with a recommendation to the City Council that the size of the board be reduced from nine members to seven. He said the Airport Advisory Board has one vacancy and one person did not wish to be reappointed. It is the City Council's recommendation that the remaining seven members be reappointed to staggered terms as selected by lottery. Resolution No. 2002-174, resolving that the Airport Advisory Board be reduced by two (2) positions, said Board hereafter to consist of a chairman and six members for a total of seven members, each to serve a term of two years; that the terms of office shall be for two years beginning on January 1, 2003, was presented. A motion was made by Councilman Bell, seconded Regular City Council Meeting December 9, 2002 Page 2 by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-175, reappointing J. B. Richey, Col. James W. Ashmore, Donald R. Morrell, F. Andrew Fasken, James Proctor, Vic Ressler, and Victor Abeles to the Airport Advisory Board; each member is appointed determined by the drawing of lots; four members whose first full term shall be one year in duration ending December 31, 2003, and three members whose first full term shall be two years in duration ending December 31, 2004, with the staggered two year terms thereby established to be thereafter maintained, was presented. A motion was made by Mayor Pro Tern Manning, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Mayor Pfiester announced that the next item on the agenda is 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, and this item had been tabled at a prior meeting and a motion to bring it from the table would be in order. A motion was made by Councilman McCarthy, seconded by Councilman Plata to bring the above item from the table. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2002-061 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY REVISING ARTICLES II AND IV OF CHAPTER 11 THEREOF; REPEALING SECTION 11-44, ELIMINATING THE REQUIREMENT FOR A BOND Regular City Council Meeting December 9, 2002 Page 3 BY APPLICANTS FOR ELECTRICAL CONTRACTORS' LICENSES; REVISING SECTION 11-91, PROVIDING FOR ADOPTION OF THE NATIONAL ELECTRICAL CODE, 2002 EDITION; REPEALING SECTION 11-92; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. It was the recommendation of city staff to require electricians to have a $2,000.00 performance bond or a general liability policy in the amount of not less than $300,000.00. Mayor Pfiester suggested that the City Council go with the recommendation of city staff and refer this matter to the Building and Standards Commission and askthat they review it for general contractors, electricians, and plumbers. Councilman Bell stated that they need to move toward licensing general contractors and have the general contractors be responsible for all of the subcontractors. He said that the Building and Standards Commission should bring that to the City Council if that happens, but as it is right now, the only licensed people on a residential construction job would be a state licensed plumber. Councilman Bell advised that the plumber would not have a bond up at the City of Paris because the city has no control over him. He said that for the city licensed electrical contractor, a $1,000.00 bond is not enough and a $2,000.00 bond is not enough. Mr. Bell stated that the electrical contractor should have some responsibility, but it needs to be brought up to be in line with what the cost of these jobs are at the present time. Councilman Bell said that the general contractors should be licensed and have them be responsible for all of the subcontractors because it is not fair to make a subcontractor responsible. He said that most cities have started licensing general contractors and they have a Regular City Council Meeting December 9, 2002 Page 4 stricter code enforcement. Councilman Bell said anytime you require a contractor to put up a bond or a general liability insurance policy, that will increase the cost of the houses. After further discussion, a motion was made by Councilman McCarthy to drop the bond requirements for electricians right now, and refer this matter to the Building and Standards Commission for their study and recommendation, and bring back a recommendation to the City Council at the March 2003 meeting. The motion was seconded by Mayor Pro Tem Manning and carried 7 ayes, 0 nays. A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, for adoption of the ordinance as presented. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2002-062 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING SECTION 6-4, 6-5, AND 6-6 OF ARTICLE I AND SECTIONS 6-22 AND 6-28 OF ARTICLE II OF CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, PARIS, TEXAS, TO REPEAL OUTDATED PROVISIONS RELATED TO REQUIREMENTS FOR AN AIRPORT SECURITY DIVISION AND A JOINT AIRPORT ZONING BOARD AND TO OMIT CERTAIN REQUIREMENTS INCIDENT TO THE ISSUANCE OF PERMITS ASSOCIATED WITH ENGAGING IN AERONAUTICAL ACTIVITY AT COX FIELD AIRPORT; PROVIDING A SAVINGS CLAUSE; 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 McCarthy, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Regular City Council Meeting December 9, 2002 Page 5 Resolution No. 2002-176 authorizing an application to be made to the Office of the Governor, Criminal Justice Division, through the Ark-Tex Council of Governments, for a "Violence Against Women Act" Grant for the period beginning September 1, 2003, and ending August 31, 2004, in the amount of $78,550.00 being 75% of the cost of the "Violent Crimes Against Women Unit Project," with the City of Paris providing $21,630.00 in the form of in-kind services, 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. Resolution No. 2002-177, approving the Mutual Cooperation Agreement on Extraterritorial Jurisdiction related to a County-Wide Sex Offender Management & Compliance Task Force between the City of Paris, the City of Reno, and the County of Lamar to establish a Sex Offender Management Task Force, was presented. A motion was made by Mayor Pro Tern Manning, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-178, approving the plans and specifications for the "Related Water Lines for the Elevated Water Storage Tank - Bonham Street Project", and authorizing the advertisement 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, January 7, 2003, or at such other date and time as the City Manager shall determine, at which time said bids will be opened in the City Council Chamber, City Hall, and bids will be tabulated and referred to the City Council for its consideration, was presented. A motion was made by Councilman Bell, seconded by Councilwoman Neeley, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-179, resolving that the bid of Hilliard and Sons Regular City Council Meeting December 9, 2002 Page 6 Contractors, Inc., for the demolition and construction of curb and gutter, standard driveway approaches, and reinforced concrete sidewalks as part of the City's annual street maintenance program, in the amount of $360,000.00, be, and the same is hereby, accepted and let conditioned upon said contractor meeting all of the terms and specifications included in the bid documents, 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. Resolution No. 2002-180, awarding the bid to Blankinship Oil Company for furnishing and delivery of unleaded gasoline and diesel fuel for use by various departments of the City of Paris, conditioned upon said provider meeting all of the terms and specifications included in the bid documents, was presented. A motion was made by Councilman Bell, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-181, approving the form of Change Order No. Two and Final to the contract for the Construction Management Services for the "Paris Santa-Fe Depot Rehabilitation Project," to change the scope of the project as described, and providing for a net increase of $8,612.00 in the contract price, was presented. On a question by Mayor Pfiester, City Attorney Schenk explained that this is a construction-management contract and is based on hours and time expended and the city had to extend services a few times because of the difficultly in completing this project. Mayor Pfiester said that contractors should not get any extra money unless something changes the scope of the work. City Manager Malone advised that this is a change in the scope of work. City Manager Malone explained that this is for the services of the Regular City Council Meeting December 9, 2002 Page 7 Construction Manager, Wendell Moore. He stated that it was Wendell Moore who was responsible for the completion of this project in spite of all of the obstacles and problems encountered. Mr. Malone stated that it was his opinion that if Mr. Moore had not been supervising this project, it would not have been completed. Tommy Haynes, Director of Community Development, came forward explaining that this project was begun many years ago and that the time it took was a lot longer that was foreseen. Mr. Haynes said that in 1999, Wendell Moore was hired to be the Construction Manager and the City had a contract with him to complete the job. Mr. Haynes said Mr. Moore did the entire roof with the inmates, and the roof was part of the construction. City Attorney Schenk said that Mr. Moore rewrote the construction specifications before he went for bid, and he also documented all the work for the historical aspect of the project. A motion was made by Councilman McCarthy, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-182, approving the form of Change Order No. One and Final to the Contract No. 1 for the masonry work with the American Restoration for the "Paris Santa-Fe Depot Rehabilitation Project," to change the scope of the project and providing for a net decrease of $7,859.00 in the contract price, was presented. A motion was made by Councilman Plata, seconded by Mayor Pro Tem Manning, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-183, approving the form of Change Order No. One & Final to Contract No. 2 with American Restoration, Inc., for the carpentry work for the "Paris Santa-Fe Depot Rehabilitation Project," to change the scope of the project as described therein, and providing for a net increase of $19,677.00 in the contract price, was presented. Regular City Council Meeting December 9, 2002 Page 8 Tommy Haynes came forward again explaining that when this was bid out, there was no way of knowing about the docent floor where the newsstand was and they did not know that the floor was eaten up with termites; therefore, when they went in they were not planning on replacing the floor, but there was a need to replace the floor. Mr. Haynes said the other items were excess plaster wall repairs, total ceiling plaster replacement and hardware expense. Mr. Haynes said for a job that is close to a million dollars, he did not feel that these change orders were in an excessive amount. He also pointed out that in a job like this that there are many unknowns working with a building built in 1912. Councilman McCarthy said that when there is another project similar to this, the City Council would like to have more detailed information as to why there was a need for a change order. After further discussion, a motion was made by Councilwoman Neeley, seconded by Councilman Bell, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-184,approving change order No. One & Final to contract No. 3 with American Restoration, Inc., for finishes; making other findings and provisions related to the subject, and declaring an effective date, was presented. A motion was made by Mayor Pro Tem Manning for approval of the resolution. The motion was seconded by Councilman Weekly and carried 7 ayes, 0 nays. Resolution No. 2002-185, approving Change Orders Nos. One and Two & Final to Contract No. 5 with Phoenix Restoration & Construction, LTD, for electrical work for the "Paris Santa-Fe Depot Rehabilitation Project," 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. Regular City Council Meeting December 9, 2002 Page 9 Resolution No. 2002-186, resolving that the city depository services for the period beginning March 1, 2003, and ending February 28, 2005, 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 January 7, 2003, 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 S.E. Ist, Paris, Texas, was presented. A motion was made by Councilwoman Neeley, seconded by Councilman Weekly, for approval of the resolution, The motion carried 7 ayes, 0 nays. Resolution No. 2002-187, accepting the bid of Drew Crawford for the hay lease in the amount of $1,360.00 per year, and authorizing and directing the Mayor of the City of Paris to execute on behalf of the City the said Hay Lease Agreement with Drew Crawford, 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. 2002-188, accepting and letting the bid of Drew Crawford for the pasture lease for 1185 acres of Lake Gibbons Property in the amount of $2,400.00 per year, and authorizing and directing the Mayor of the City of Paris to execute on behalf of the City a Pasture Lease Agreement, was presented. A motion was made by Councilwoman Neeley, seconded by Mayor Pro Tern Manning, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-189, authorizing and directing the City Manager to execute on behalf of the City of Paris, a purchase order for four (4) Model Year 2003 Police Package Chevrolet Impalas for use in the Patrol Division of the Paris Police Department and two (2) Model Year 2003 Non-police Package Chevrolet Impalas for use in the Criminal Investigations Division through the Houston-Galveston Area Council of Governments, was presented. A motion was made by Councilwoman Neeley, seconded by Regular City Council Meeting December 9, 2002 Page 10 Councilman McCarthy, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-190, authorizing the advertisement for bids for the purchase of One (1) Model Year 2003 4-wheel Drive Extend-a-Hoe Loader for use in the Street Division of the Public Works Department, was presented. A motion was made by Councilman Bell for approval of the resolution. The motion was seconded by Councilwoman Neeley and carried 7 ayes, 0 nays. Resolution No. 2002-191,appointing Russell McCain to serve the unexpired term of Eddie Vincent, which ends June 30, 2003, as a member of the Planning and Zoning Commission of the City of Paris, was presented. A motion was made by Councilman Bell, seconded by Councilman Weekly, for approval of the resolution, The motion carried 7 ayes, 0 nays. City Manager Malone recommended that the next two items on the agenda, appointing members to the Board of Adjustment, and appointing an alternate member to the Board of Adjustment, be tabled. A motion was made by Councilman Bell, seconded by Councilwoman Neeley, to table action on appointing members to the Board of Adjustment and appointing an alternate member to the Board of Adjustment. The motion carried 7 ayes, 0 nays. Resolution No. 2002-192, reappointing Philip R. Cecil, as a member of the Fire Fighters' and Police Officers' Civil Service Commission of the City of Pris for a term of three years beginning January 1, 2003, and ending December 31, 2005, was presented. A motion was made by Mayor Pro Tern Manning, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. City Manger Malone recommended that Agenda Item No. ST, appointing Regular City Council Meeting December 9, 2002 Page 11 members to the Paris/Lamar County Advisory Board of Health be tabled. A motion was made by Councilman Bell to table action on appointing members to the Paris/Lamar County Advisory Board of Health. The motion carried 7 ayes, 0 nays. Resolution, 2002-193, confirming the reappointment of Richard Manning as a member of the Visitors and Convention Council of the Chamber of Commerce of Lamar County, for a term of two (2) years, beginning January 1, 2003, and ending December 31, 2004, was presented. A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, for adoption of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-194, confirming the reappointment of Richard Manning as member of the Visitors and Convention Council Work Program and Budget Approval Committee of the City of Paris, for a term of two years, beginning January 1, 2003, and ending December 31, 2004, was presented. A motion was made by Councilman McCarthy, seconded by Councilwoman Neeley, for adoption of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2002-195, designating the Executive Director of the Housing Authority of the City of Paris as an automatic member of the Housing Board for the Owner-Occupied Housing Assistance Program, was presented. A motion was made by Councilman Plata, seconded by Councilman Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on an Aviation Permit for J-R Aviation for aeronautical activities on Cox Field Airport. Regular City Council Meeting December 9, 2002 Page 12 A motion was made by Mayor Pro Tem Manning, seconded by Councilman McCarthy for approval of the Aviation Permit for J-R Aviation. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on an Aviation Permit for Knox Flying Service for aeronautical activities on Cox Field Airport. A motion was made by Councilman Bell, seconded by Councilman Weekly, for approval of the Aviation Permit for Knox Flying Service. The motion carried 7 ayes, 0 nays. City Manager Malone called for consideration of and action on an Aviation Permit for Jimmy D. Smyers for aeronautical activities on Cox Field Airport. A motion was made by Mayor Pro Tem Manning, seconded by Councilman McCarthy for approval of the Aviation Permit for Jimmy D. Smyers. The motion carried 7 ayes, 0 nays. There being no further business, a motion was made Councilman Weekly, seconded by Councilman McCarthy, to adjourn the meeting. The motion carried 7 ayes, 0 nays. MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK