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07 City Council (04-12-04) MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL April 12, 2004 The City Council of the City of Paris met in regular session, Monday, April 12, 2004, 6:00 P.M. at Paris Junior College, Bobby R. Walters Applied Technology Building, Room 1206, 2400 Clarksville Street, Paris, Texas. Mayor Curtis Fendley called the meeting to order with the following Council Members present: Jim Bell, Jay Guest, Joe E. McCarthy, Francine Neeley and Benny Plata. Also present were Interim City Manager Terry Townsend, City Attorney Larry W. Schenk and City Clerk Mattie Cunningham. Mayor Fendley announced that the City Council had been furnished minutes from previous meetings and if there were no corrections or additions, the minutes are approved as presented. Councilman Bell pointed out that City Staff should review these minutes because there were requests made that were directed to Mr. Malone that have not come through. Mayor Fendley advised that minutes from the Airport Advisory Board, Building and Standards Commission, Board of Commissioners of the Housing Authority of the City of Paris, Paris Public Library and the Band Commission had been furnished with no action being required. On a recommendation by the Traffic Commission, the following ordinance was presented. ORDINANCE NO. 2004-007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS BE AMENDED BY REVISING THE TRAFFIC CONTROL MAP ADOPTED IN PARAGRAPH (b) OF SECTION 31-65 OF SAID CODE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE OF MAY 1, 2004, WAS PRESENTED. Regular City Council Meeting April 12, 2004 Page 2 A motion was made by Councilwoman Neeley, seconded by Mayor Pro Tem McCarthy, for adoption of the ordinance. The motion carried 6 ayes, 0 nays. Mayor Fendley informed the Council that minutes from the Civil Service Commission, Main Street Advisory Board, Historic Preservation Commission and Paris Economic Development Corporation with no action being required. Gary Vest, Director of Economic Development/Chamber of Commerce CEO, came forward presenting the quarterly report for the PEDC. Mr. Vest said the PEDC has two of the largest projects that the have ever done through the Paris Economic Development Corporation going on. Those being the Industrial Park on the Northwest Loop. They are moving along with that as the water lines are in, the sewer lines are under construction and the street construction should start anytime. Mr. Vest advised the City Council that the Hearne Street Project is a two block street that the PEDC is building that which will be the main entrance into Rogers and Wade. He said that Rogers and Wade is a major employer in Paris and this road will help them get their trucks in and out. Mr. Vest said over the last three months the Governor’s office has become their number one source for prospects. Mr. Vest advised they have four projects they are working on with the Governor’s office. He informed the Council that all of projects they deal with are on a confidential basis, and the Governor’s office does not tell them who the company is until they get down to final negotiation. Everything has a project name or a code name. Mr. Vest reminded the Council that they tried for a number of years to develop the jewelry industry in Paris because it fits hand and glove with Paris Junior College. Mr. Vest said they have an excellent jewelry manufacturer prospect at this time. They have had several meetings with them and they visited Paris several times. Regular City Council Meeting April 12, 2004 Page 3 Mr. Vest said that Erik Roddy finished his Economic Development training last week at an Economic Development Institution three year program and Erik did it in two years. Mr. Vest advised that Paris Packaging sold and PEDC has a significant piece of financing with Paris Packaging with about three million dollars outstanding on that financing. He said the ownership change will not affect this finance package. They are still making the payments and the new owner has assumed the note and they will continue just like they have been. Mr. Vest said that the Southwest Foundry has been in the news. They are in Chapter 11, but they have called all of their people back to work and they are operating. He said they have been working with some prospect to try to get a new buyer for that company, but none of those have materialized at this point in time, but they will keep working with them. Mr. Vest said that Sara Lee is adding some production at this time. The plant in Alabama has reduced production and some of that is coming to Paris. Mr. Vest said they had also been working with Flex-O-Lite and their new Plant Manager, Walt Granger. They just went through a change in ownership and the company is spinning off of the Flex-O-Lite Division and they are working to bring their headquarters to Paris. There is potential for that and they have shown several buildings to their people and they have even talked about possibly having them build a new office building as part of the Industrial Park. ORDINANCE NO. 2004-008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING SECTION XIII OF ORDINANCE NO. 1315, THE SUBDIVISION REGULATION OF THE CITY OF PARIS, TO DELETE PROVISIONS PERMITTING OWNERS OR DEVELOPERS TO POST FINANCIAL SECURITY TO GUARANTEE CONSTRUCTION OF Regular City Council Meeting April 12, 2004 Page 4 CERTAIN IMPROVEMENTS TO SUBDIVISIONS IN LIEU OF ACTUALLY COMPLETING THE CONSTRUCTION OF THOSE IMPROVEMENTS AS A CONDITION TO APPROVAL OF THE FINALMAP OR PLAT OF THE SUBDIVISION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE WAS PRESENTED. A motion was made by Councilwoman Neeley, seconded by Councilman Bell, for adoption of the ordinance. The motion carried 6 ayes, 0 nays. ORDINANCE NO. 2004-009 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 ADDING A NEW SECTION 7-58 TO ARTICLE III OF CHAPTER 7 THEREOF PROVIDING FOR WRITTEN PROOF OF PROPER AND LEGAL DISPOSAL OF SUBSTANDARD, DANGEROUS, OR HAZARDOUS BUILDING MATERIALS AT A LANDFILL; THAT SAID CODE BE FURTHER AMENDED BY ADDING A NEW SECTION 7-28 TO ARTICLE II OF CHAPTER 7 THEREOF PROVIDING FOR WRITTEN PROOF OF PROPER AND LEGAL DISPOSAL OF ALL MATERIALS FROM A BUILDING OR STRUCTURE FOR WHICH THE DEPARTMENT OF COMMUNITY DEVELOPMENT ISSUES A PERMIT TO DEMOLISH; PROVIDING FOR A PENALTY FOR VIOLATION THEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilwoman Neeley, seconded by Councilman Bell, for adoption of the ordinance. The motion carried 6 ayes, 0 nays. Resolution No. 2004-063, authorizing and directing the Interim City Manager to execute, on behalf of he City of Paris, which is the authorized contracting Regular City Council Meeting April 12, 2004 Page 5 entity for the performing agency, the Paris-Lamar County Health Department the contract for Public Health Services, was presented. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Plata, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2004-064, approving the plans and specifications for the th “Lamar Avenue Utility Replacement Project” from 20 Street N.E. (F.M. 195) to Collegiate Drive; that the construction project be advertised for bids to be received after due notice at the office of the Interim City Manager of the City st of Paris, City Hall, 135 1 S.E., Paris, Texas 75460, until 3:00 P.M. on Tuesday, April 6, 2004, at which time said bids will be opened in the City Council Chamber, City Hall, and bids will be tabulated and presented to the City Council for the purpose of letting such bids, was presented. A motion was made by Councilman Bell, seconded by Mayor Pro Tem, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2004-065, approving the Proclamation proclaiming April as “Fair Housing Month” in the City of Paris, was presented. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilwoman Neeley, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2004-066, approving the plans and specifications for the “Heritage Park Paving and Drainage Improvement Project”, that such construction project be advertised for bids to be received after due notice at the st office of the City Manager of the City of Paris, City Hall, 135 1 Street S.E., Paris, Texas, until 3:00 P.M. on Tuesday, May 4, 2004, or at such other date and time as the City Manager may direct, at which time said bids will be st opened in the City Council Chamber, City Hall,135 1 Street S.E., Paris, Lamar County, Texas, and bids will thereafter be tabulated and presented to the City Council for letting such bid, was presented. A motion was made by Councilman Bell, seconded by Councilman Guest, for approval of the resolution. The motion carried 6 ayes, 0 nays. Regular City Council Meeting April 12, 2004 Page 6 Resolution No. 2004-067, authorizing the Mayor to execute and the City Clerk to attest to a water purchase contract with Campbell Soup Company, was presented. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Guest, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2004-068, resolving that the City Council does hereby approve and authorize the Mayor to execute and the City Clerk to attest to an Interlocal Agreement, Tax Trust Agreement, and Limited Power of Attorney by and among the City of Paris, Lamar County, Paris Independent School District, North Lamar Independent School District, and Paris Junior College, for the purpose of designating the City of Paris as Trustee for certain lots defined therein, which have been foreclosed for tax purposes, in support of certain programs to construct single family residential housing on said lots, was presented. A motion was made by Councilman Bell, seconded by Councilman Guest, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2004-069, approving and adopting program of Non-Profit Home Building within the city limits of the City of Paris; designating the participating non-profit entities; providing for a contract with said non-profit entities setting out the terms and conditions of said program; providing for contracts; providing for transfer of property interests; authorizing the City Manager to execute other documents associated with the program, was presented. A motion was made by Councilwoman Neeley, seconded by Councilman Guest, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2004-070, approving and adopting a program of pooling lots for construction of new single family housing, entitled the Homestead Program; providing for contracts; providing for transfer of property interests; authorizing the City Manager to execute on behalf of the City of Paris other documents associated with the program, was presented. A motion was made by Councilman Guest, seconded by Councilman Bell, for approval of the Regular City Council Meeting April 12, 2004 Page 7 resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2004-071, approving Amendment No. 1 to the contract between the City of Paris and the law firm of Linebarger Goggan Blair & Sampson, LLP; imposing an additional penalty for 2003 and subsequent years delinquent taxes and authorizing an amendment and extension of the term of service to the existing service contract, was presented. John R. Bolster with the firm of Linebarger Goggan Blair & Sampson appeared before the City Council presenting their delinquent tax report which informs the Mayor and Council Members of their various collection methods, litigation process and their collection results for a twenty-four (24) month period. After discussion, 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. 2004-072, approving the filing of an application to the Texas Automobile Theft Prevention Authority for an Automobile Theft Prevention Grant entitled “Northeast Texas Automobile Theft Task Force” project beginning September 1, 2004, and ending August 31, 2005, in the amount of $83,461.00, being approximately 50% of the estimated cost of the Automobile Theft Prevention Program, with $62,344.00 to be provided by the City of Paris in the form of cash and $19,700.00 in the form of in-kind services, was presented. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilwoman Neeley, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2004-073, ratifying an application for U. S. Fire Administration 2004 Assistance to Firefighters Grant from the Federal Emergency Management Agency (FEMA) to purchase equipment and services to establish a wellness Regular City Council Meeting April 12, 2004 Page 8 and fitness program for firefighters; authorizing the expenditure of funds; accepting said grant award upon notice thereof; authorizing the execution of any and all documents necessary for acceptance and implementation of said grant upon notice thereof, was presented. A motion was made by Councilman Guest, seconded by Councilwoman Neeley, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2004-074, appointing Larry Reaves as a member of the Paris- Lamar County Board of Health for a term ending December 31, 2004 or until such time as his successor shall be appointed, whichever is greater, was presented. A motion was made by Councilman Bell, seconded by Mayor Pro Tem McCarthy, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2004-075, appointing Rodney Bass, John Mark Spencer, Howard Corriston, Terry Christian and Kyle McCarley to serve as members of the Board of Adjustment of the City of Paris for terms of two years beginning January 1, 2003, and ending December 31, 2004, and appointing Richard Manning and David Glass as alternate members of the Board of Adjustment of the City of Paris for a term of two years beginning July 1, 2003, and ending June 30, 2005, was presented. A motion was made by Councilwoman Neeley for approval of the resolution. The motion was seconded by Councilman Bell and carried 6 ayes, 0 nays. Resolution No. 2004-076, approving Change Order No. One and Two to Contract #1 with Hilliard & Sons Contractors, Inc. for construction of the softball fields including grading, grassing, irrigation, and infield construction for the Paris Sports Complex, was presented. A motion was made by Councilman Bell, seconded by Councilman Guest, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2004-077, approving Change Order No. One to Contract #2 with Richard Drake Construction for softball field fencing including chain link Regular City Council Meeting April 12, 2004 Page 9 fencing, backstop and dugouts for the Paris Sports Complex, was presented. A motion was made by Councilman Guest, seconded by Mayor Pro Tem McCarthy, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2004-078, approving Change Order No. One and Two and Final to Contract #3 with Hargis Electric for electrical work including electrical distribution system, softball field lighting and miscellaneous electrical for the Paris Sports Complex, was presented. A motion was made by Councilwoman Neeley, seconded by Councilman Bell, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2004-079, approving change order No. One to Contract #4 with Richard Drake Construction for the construction of the Sports Pavilion including metal building, concrete slab, electrical and masonry for the Paris Sports Complex, was presented. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Bell, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2004-080, approving Change Order No. One to Contract #6 with Hilliard & Sons Contractors, Inc. for the construction of concrete flatwork and park amenities including trail, drain pipes, concrete flatwork, picnic station and playground for the Paris Sports Complex, 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. 2004-081, a resolution of the City Council of the City of Paris, Paris, Texas, establishing a policy regulating reimbursable expenses incurred on behalf of City Council Members and Senior Staff Members for attendance at events within Lamar County, was presented. Councilman Bell pointed out that Section 3 of the resolution limits expenditures within the City of Paris and he could see where events could be outside of the city. He felt the restrictions should apply to Lamar County. Regular City Council Meeting April 12, 2004 Page 10 The City Council directed City Attorney Schenk to revise Section 2 to state as requested by the City Council and to amend the restriction to Lamar County. A motion was made by Councilman Bell, seconded by Councilwoman Neeley, for approval of the resolution as amended. The motion carried 6 ayes, 0 nays. Mayor Fendley announced that the City Council would take a short break at 7:14 P.M. Mayor Fendley reconvened the meeting at 7:22 P.M. Mayor Fendley advised that the next item on the agenda was review of a report of City Council Benefits Subcommittee and discussion of and possible direction to staff regarding revisions to benefits. He advised they asked that this item be placed back on the agenda because it was talked about in January and felt that it needed to be revisited because they are redoing the personnel manual with Melba Harris and Mr. Anderson. He asked this Subcommittee to reconvene and come back to the Council with items that they would like to be put in the personnel manual. Mayor Fendley called for discussion and consideration of possible action on the following: car allowances, eating out (use of credit card inside Lamar County), per diem, and requirement for mileage reports. Councilman Bell said he asked that this be placed on the agenda and the eating out has been taken care of. Councilman Bell said regarding the car allowances he was looking for the former City Manager to analyze the car allowances and bring a report back to the Council. He said that as he looked at this he sees that certain car allowances are necessary and needed and a few of them he wonders why they are there. Councilman Bell asked that the staff analyze the car allowances and justify them as to where they are and bring that back to the City Council in May. Regular City Council Meeting April 12, 2004 Page 11 Gene Anderson, Director of Finance, came forward advising that the per diem that the city uses is the IRS guidelines for mileage for whatever city staff might be going to. Mr. Anderson also discussed staff members that are furnished the use of a city vehicle. The next item on the agenda was discussion of the search firm proposals and consider possible action regarding the City Manager selection process. Mayor Fendley advised that six firms have submitted proposals. Mr. Anderson came forward advising that there is one firm that their home office is in Texas and two that have branch offices in Texas. He said the odds are that the search will be primarily focused in Texas and the surrounding states. It made sense in terms of trying to hold cost down to use one of the Texas-based firms which are The Waters Consulting Group, Mercer Group, Inc. and Ralph Andersen & Associates. After discussion, the City Council directed that they interview the three firms th located in Texas. The first interview to be on May 24, one at the Thursday night meeting in June and they would go from there. Councilman Guest requested that an item be placed permanently on the agenda where Council Members could have input if they wanted further information. Interim City Manager Townsend advised the City Council that he had asked Mr. Anderson to give out the Final Audit for the prior fiscal year. He said there is a difference and Mr. Anderson explained that the city had to deal with the GASBY34 this year, so a lot of the format and issues are going to be different in the audit for last year. If you were trying to compare two years together, it is going to be completely different. Mr. Anderson presented the quarterly financial report to the City Council along with the Final Audit for October 1, 2002 through September 30, 2003. Regular City Council Meeting April 12, 2004 Page 12 Mr. Anderson said that in essence the change was they wanted a financial report that looked more like a business financial report opposed to the traditional government report. After discussing the audit, Councilman Bell requested that a regular reoccurring agenda item be placed on each agenda for the next few months to discuss the audit as the City Council has a chance to go through it and if they do not have any questions that it could be skipped over. Councilman Guest requested that the last wage survey that was done for the City of Paris two or three years ago, which was tabled, be brought back to the City Council. Councilman Guest said it was his understanding, in talking to the people several months ago who did the survey that it could be revisited and updated for a fraction of the cost of the original survey. Interim City Manager Townsend said they have taken the proposal letter and gotten some figures on what that would cost the city from The Waters Group. He said they could bring that information back to the City Council. Councilman Guest said his point being, he had been told over and over the reason the city has certain benefits is because the city does not pay the employees a fair living wage in a competitive wage for a certain job compared to what industry pays. He said that he did not want that to be used as an issue. Either the city pays them a fair wage or not, but the city cannot base the future benefits on not paying the employees properly. Mr. Anderson said The Waters Group study compared the city with other cities’ salaries, not industry. He said if the city wanted to compare the city with industry for that study, that is going to be a major shift in what that study was. It might be just starting over, but if the City Council wanted to update what was done on how they are compared to other cities, that is something that could be done. Regular City Council Meeting April 12, 2004 Page 13 There being no further business, a motion was made by Mayor Pro Tem McCarthy, seconded by Councilwoman Neeley, to adjourn the meeting. The motion carried 6 ayes, 0 nay. ____________________________ CURTIS FENDLEY, MAYOR ATTEST: __________________________________ MATTIE CUNNINGHAM, CITY CLERK