07 City Council Mtg Min 9-11-06
REGULAR MEETING
OF THE CITY COUNCIL, CITY OF PARIS
September 11,2006
The City Council ofthe City of Paris met for a regular session at 6:00 P. M. Monday,
September 11,2006, at the City Council Chamber, 107 E. Kaufman, Paris, Texas.
Present:
Mayor:
Richard Manning
Council Members: Tim Ray; Curtis Fendley; Mary Ann
Fisher, Mayor Pro Tern; Kevin Gray; Jesse
James Free1en; and Don Wilson
City Staff:
Tony N. Williams, City Manager; John
Lestock, Assistant City Attorney; and
Janice Ellis, City Clerk
1. Mayor Manning called the meeting to order.
Denise Williams from St. Paul Baptist Church gave the invocation. Mayor Manning
asked for a moment of silence in memory of the victims of September 11 tho
2. Pledge of Allegiance.
Council Member Ray led the pledge.
3. Receipt of report from the Planning & Zoning Commission.
A&B. AN ORDINANCE OF THE CITY COUNCIL FO THE CITY OF PARIS, PARIS,
TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF
PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED
BY THE ZONING MAP OF SAID CITY; ESTABLISHING A NEIGHBORHOOD
SERVICE DISTRICT (NS) ON LOT 11, CITY BLOCK 70-B, REQUESTED BY
JOHN MARK SPENCER, AGENT FOR MONJA G. SMITH, OWNER, SO AS TO
INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO-
FAMILY DWELLING DISTRICT (2F); DESIGNATING THE BOUNDARIES OF
THE NEIGHBORHOOD SERVICE DISTRICT (NS) SO ESTABLISHED;
PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL
ORDINANCES ORP ARTS OF ORDINANCES IN CONFLICT HEREWITH; AND
DECLARING AN EFFECTIVE DATE.
Mayor Manning opened the public hearing and asked for anyone speaking in favor of
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this item to do so. No one spoke in support of this item. Mayor Manning asked for anyone
speaking against this item to do so. The following persons spoke in opposition to this item:
Lynn Eggers, 348-17th N.E.
Betty Freelen, 1619 Pine Bluff
Bee Garmon, 424 N.E.-17th
Diana Short, 1531 Pine Bluff
With no one else speaking, Mayor Manning closed the public hearing.
A Motion to deny this item was made by Council Member Wilson and seconded by
Council Member Fisher. Motion carried, 7 ayes - 0 nays.
C. Consideration of and action on the Preliminary Plat ofHouse-Ori Development being
located in the 600 Block of 25th St. N.E.
Subject to the Engineer's recommendations, a Motion to approve this item was made
by Council Member Fendley and seconded by Council Member Ray. Motion carried, 7 ayes
- 0 nays.
D. Consideration of and action on the Final Plat of Lot I, Block A, Archer Place, being
numbers 537 and 601 6th Street S.E.
Subject to the Engineer's recommendations, a Motion to approve this item was made
by Council Member Fendley and seconded by Council Member Fisher. Motion carried, 7
ayes - 0 nays.
E. RESOLUTION NO. 2006-121: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND ACCEPTING THE
ASSIGNMENT OF TWO OFF-SITE DRAINAGE EASEMENTS FROM HCRI
TEXAS PROPERTIES, LTD FOR THE SIGNATURE SENIOR LIVING
DEVELOPMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
Council Member Wilson informed Council that his family had previously owned an
interest in this property and that he wanted to recuse himself. Council Member Freelen made
a motion to recuse Council Member Wilson and Council Member Fisher seconded the
motion. Motion carried, 6 ayes - 0 nays.
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Subject to the Engineer's recommendations, a Motion to approve this item was made
by Council Member Gray and seconded by Council Member Ray. Motion carried, 6 ayes -
o nays.
F. Consideration of and action on the Final Plat of Lot I, Block A, Signature Senior
Living, being number 750 N. Collegiate.
Subject to the Engineer's recommendations, a Motion to approve this item was made
by Council Member Gray and seconded by Council Member Fisher. Motion carried, 6 ayes -
o nays.
Council Member Fisher made a motion to return Council Member Wilson to the
meeting and Council Member Freelen seconded the motion. Motion carried, 6 ayes - 0 nays.
G. Consideration of and action on the Final Plat of Lots 1,2, and 3, Block A, Santa Fe
Crossing, being located in the 1000 Block of North Main.
Subject to the Engineer's recommendations, a Motion to approve this item was made
by Council Member Fendley and seconded by Council Member Gray. Motion carried, 7 ayes
- 0 nays.
CONSENT AGENDA
Mayor Manning inquired if there were any items that Council Members wanted to pull
from the Consent Agenda for discussion. There were none.
Upon a motion made by Council Member Fisher and a second by Council Member
Freelen, the Council voted seven (7) for and none (0) opposed to approve and adopt the
Consent Agenda, Items 4,5, and 5A as follows:
4. Approval of minutes from previous City Council meetings. (8/28/06; 8/28/06 Special
Budget Work Session)
5. Receipt of reports and/or minutes from committees, boards, and commissions:
A. Board of Adjustment. (8/29/06)
6. Consideration of and action on the following ordinances:
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Tony suggested they vote on the following ordinances collectively, as they each dealt
with solid waste collection permits.
A. ORDINANCE NO. 2006-029: AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A
SOLID WASTE COLLECTION PERMIT TO WASTE MANAGEMENT OF
TEXAS, FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF
COLLECTING OR TRANSPORTING SOLID WASTE FROM COMMERCIAL
AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF
PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR
ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
B. ORDINANCE NO. 2006-030: AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID
WASTE COLLECTION PERMIT TO SANITATION SOLUTIONS,. FOR THE
PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING OR
TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL
UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS;
FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF
SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RE~A TED TO
THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
C. ORDINANCE NO. 2006-031: AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID
WASTE COLLECTION PERMIT TO GLENN AND DEBI BOLYARD D/B/A
TRASHY BUSINESS FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF
COLLECTING OR TRANSPORTING SOLID WASTE FROM COMMERCIAL
AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS,
TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR
ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
A Motion to approve the items was made by Council Member Freelen and seconded
by Council Member Wilson. Motion carried, 7 ayes - 0 nays.
7. Consideration of and action on the following resolutions:
A. RESOLUTION NO. 2006-122: A RESOLUTION OF THE CITY OF PARIS, PARIS,
TEXAS, AUTHORIZING THE CITY MANAGER TO CAST THE VOTE FOR THE
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Page 5
CITY OF PARIS FOR THE TEXAS MUNICIPAL LEAGUE
INTERGOVERNMENTAL RISK POOL (WORKERS' COMPENSATION,
PROPERTY AND LIABILITY) BOARD OF TRUSTEES ELECTION FOR PLACES
11,12,13 AND 14; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
Tony reported to Council that the incumbents were doing a good job and
recommended voting for the incumbents.
A Motion to approve this item, with the casting of votes for incumbents was made by
Council Member Fisher and seconded by Council Member Fendley. Motion carried, 7 ayes -
o nays.
B. RESOLUTION NO. 2006-123: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF P ARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE
EXECUTION OF CONTRACT CHANGE ORDER NOTICE NO. 01 FOR PUBLIC
HEALTH SERVICES, DSHS DOCUMENT NO. 7560022027-2007
(ATTACHMENT NO. 02) IMMUNIZATION BRANCH - LOCALS; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
A Motion to approve this item was made by Council Member Gray and seconded by
Council Member Freelen. Motion carried, 7 ayes - 0 nays.
C. RESOLUTION NO. 2006-124: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PARIS, PARIS, TEXAS, THE COMMISSIONERS COURT,
LAMAR COUNTY, TEXAS, AND THE PARIS-LAMAR COUNTY HEALTH
DEPARTMENT, ACTING BY AND THROUGH THE PARIS-LAMAR COUNTY
BOARD OF HEALTH, AUTHORIZING THE EXECUTION OF A MEDICAL
SERVICES CONTRACT WITH JON K. PLUMMER, M.D.; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
A Motion to approve this item was made by Council Member Fisher and seconded by
Council Member Wilson. Motion carried, 7 ayes - 0 nays.
D. RESOLUTION NO. 2006-125: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PARS, PARIS, TEXAS, APPROVING ADDENDUM NO. ONE TO
THE FOURTH AMENDED LANDFILL SERVICE CONTRACT WITH WASTE
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MANAGEMENT COMP ANY D/B/A B&B EQUIPMENT COMPANY; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
Tony informed Council that our contract allows Waste Management a rate increase
based on the CPI. He further informed Council that Waste Management did not request a
rate increase last year. If approved, the cost will be $9.88 per cubic yard. Council Member
Wilson inquired as to getting quotes from other landfills. Tony advised the problem with
using other landfills was the distance our trucks would have to travel.
A Motion to approve this item was made by Council Member Fendley and seconded
by Council Member Fisher. Motion carried, 7 ayes - 0 nays.
8. Presentation on the 211 System.
Dawn Sheffield, Executive Director, gave a presentation regarding the 211 System.
Ms. Sheffield explained the services they provided included rent and utility assistance, food,
emergency shelters, employment help, medical and mental health assistance, and
transportation information.
9. Citizens Forum
Bill Strathern, 4905 Trails End - spoke in support ofa bigger tax exemption for
seniors over 65. He said what Council is suggesting with the current tax savings, would only
save the senior citizen $17.77.
10. Authorize the City Manager to negotiate a contract with a consultant to assist the City
of Paris with amendments to the City Charter.
Tony asked Council to consider the three proposals received and give direction as to
which firm they wanted to hire.
Council Member Ray made a motion to hire Monte Akers. Council Member Gray
seconded the motion.
Council Member Wilson asked for discussion.
Council Member Freelen said he thought the Knight firm seemed the most
knowledgeable. Council Member Wilson said his concern in using Monte Akers was that
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he had not done a lot of work in East Texas, specifically with federal court orders. Mayor
Manning said TML recommended Monte Akers. Council Member Fisher said the Knight
firm did not come to Paris and give a presentation therefore, they did not show an interest.
Mayor Manning called for a vote. The Motion carried, 4 ayes - 3 nays, with Council
Member Fendley, Council Member Freelen and Council Member Wilson casting the
dissenting votes.
11. Discussion and possible action regarding a Local Government Management Review
done by the State Comptrollers' Office.
Mayor Manning stated he believes that this review will save Paris money. He further
stated that he had spoken with Mayor Smith in Marshall and the study helped save Marshall
money, at no cost to the taxpayers. Gene Anderson said, "based on his personal experience,
the Comptrollers Office sent people to Marshall who were right out of college with no
experience". He further said that on one particular issue, he received three telephone calls
from three different people inquiring how he performed certain tasks. Gene said this will
take up a lot of staff time. Mayor Manning acknowledged the turnover in the Comptroller's
Office noting that the study conducted in Marshall was taking place at the same time of the
school finance crisis and everyone was called back to Austin. Council Member Fendley
stated that he wanted a proposal as to what they would actually be doing. Council Member
Fisher inquired as to how there could be a proposal when they were not paying for services.
Council Member Fendley reiterated he wanted to know what the review entailed. Mayor
Manning stated the City has to be approved prior to any review. Council Member Wilson
expressed concern about the City staff time and lack of experience of the staff conducting
the review. Mayor Manning said having this review conducted was an opportunity to save
money.
Council Member Ray made a motion to approve a Local Government Management
Review and Council Member Fisher seconded the motion. Motion carried, 4 ayes - 2 nays,
with Council Member Fendley and Council Member Wilson casting the dissenting votes.
Council Member Freelen abstained from voting.
12. Report from Jon Clack regarding the City of Paris Drought Contingency Plan.
Jon Clack gave a presentation to Council regarding the Drought Contingency Plan.
He stated that the level of the lake was currently at 69% and that we were still in Stage II of
Drought Contingency Plan.
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13. Possible future agenda items.
N one were referenced.
14. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004-081.
N one were referenced.
15. Mayor Manning convened the Council into Executive Session at 6:48 p.m. pursuant
to Section 551.071 of the Texas Government Code, consultation with Attorney, to
receive advice of legal counsel pertaining to pending or possible litigation and to
receive advice of legal counsel pursuant to the duty of an attorney to his client under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas,
regarding the following matters:
A. Jim Bell vs. The City of Paris, Texas, Cause No. 75213, pending in the 62nd
Judicial District Court for Lamar County, Texas.
Mayor Manning closed the Executive. Session at 7 :05 p.m.
16. Reconvene in open session to consider and take necessary action as deemed
appropriate regarding those matters discussed in the Executive Session.
Mayor Manning reconvened the open session at 7 :06 p.m.
John Lestock, Assistant Attorney advised that Council had conferred with counsel for
the City and made a decision to file ajoint Plea in Abatement with attorney for the Plaintiff.
Council Member Wilson made a Motion to authorize James Rodgers to file a joint
Plea in Abatement and Council Member Fisher seconded the motion. Motion carried, 7 ayes
- 0 nays.
17. Referrals.
Will Biard, agent for Norman and Mary Montgomery - City Block 340, Lots 1, I-A
and 2,2940 and 2950 S. Church - requested a zoning change from a Commercial (C) to a
Light Industrial (LI).
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