04 City Council Mtg Min 9-25-06
REGULAR MEETING
OF THE CITY COUNCIL, CITY OF PARIS
September 25, 2006
The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday,
September 25,2006, 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 Freelen; 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.
Jerry Rose gave the invocation.
2. Pledge of Allegiance.
Council Member Ray led the pledge.
3. Public Hearing on proposed amendments to the City Manager's proposed Budget for
fiscal year 2006-2007 for the City of Paris.
Mayor Manning opened the public hearing and asked for anyone wishing to speak to
come forward.
Ed Seidle, 1363 Pine Bluff - asked Council to reconsider putting the car allowances
back in the budget, he also spoke in support of the tax decrease and in support of Tony.
Melba Harris, 3315 Lamar - spoke in support of car allowances for the directors.
With no one else speaking, Mayor Manning closed the public hearing.
4. Consideration of and action on proposed amendments to the City Manager's proposed
budget.
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Mayor Manning proposed reinstating one-half of the costs originally proposed for car
allowances for the City Manager, Assistant City Attorney, Finance Director, and City
Engineer. Council Member Fendley said he did not think that would be enough and they
would still have to use pool cars. Council Member Freelen stated that when these employees
were hired, it was part of their package and was not fair to take it away from them. Council
Member Gray said that some of the department heads do not use their cars that much and
could drive a pool vehicle. Council Member Wilson reiterated Council Member Freelen.
Council Member Fendley said it was inappropriate not to provide the city manager with a car
allowance, as stated in the minutes upon his being hired.
Council Member Ray made a Motion to leave the Budget as previously amended,
omitting car allowances with the exception of the Fire Chief, Police Chief, and Emergency
Services Director. Council Member Gray seconded the Motion. Motion carried, 4 ayes - 3
nays, with Council Member Fendley, Council Member Freelen and Council Member Wilson
casting the dissenting votes.
5. ORDINANCE NO. 2006-032: AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PARIS, PARIS, TEXAS, ADOPTING A BUDGET FOR THE
ENSUING FISCAL PERIOD BEGINNING OCTOBER 1, 2006, AND ENDING
SEPTEMBER 30, 2007, AS AMENDED, IN ACCORDANCE WITH THE
CHARTER OF THE CITY OF PARIS; APPROPRIATING THE VARIOUS
AMOUNTS THEREOF; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR P ARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE
DATE.
A Motion to approve this item was made by Council Member Ray and seconded by
Council Member Fisher. Motion carried, 7 ayes - 0 nays.
6. Consideration of and action on an ordinance setting the tax rate for the calendar year
2006 for the City of Paris.
A. Approval of a rate of $0.49294 per $100.00 for maintenance and operational
expenditures.
B. Approval of a rate of $0.09931 per $100.00 for debt service.
C. Approval of the ordinance.
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ORDINANCE NO. 2006-033: AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PARIS, TEXAS, FIXING THE TAX RATE AND THE TAX LEVY
AND LEVYING AD VALOREM TAXES FOR THE CITY OF PARIS FOR THE
YEAR 2006 UPON ALL TAXABLE PROPERTY WITHIN THE CITY OF PARIS
IN CONFORMITY WITH THE CHARTER PROVISIONS AND ORDINANCES
OF THE CITY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; REPEALING ALL ORDINANCES ORP ARTS OF ORDINANCES
IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
A Motion to approve this item was made by Council Member Fendley and seconded
by Council Member Fisher. 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 Fendley and a second by Council Member
Fisher, the Council voted seven (7) for and none (0) opposed to approve and adopt the Consent
Agenda, Items 7, 8A, 8B, 9, 9A, 9B, 9C, 9D, 9E, 9F, and 9G as follows:
7. Approval of minutes from previous City Council meetings. (9/5/2006 Special
Meeting; 9/5/2006 Special Work Session; 9/11/2006 Regular City Council; 9/11/2006
Special Work Session; 9/18/2006 Special Council Meeting; 9/18/2006 Special Work
Session)
8. Receipt of reports and/or minutes from committees, boards, and commissions:
A. Historic Preservation Commission. (9/6/06)
B. Main Street Advisory Board. (7/19/06; 8/9/06)
9. Consideration of and action on the following resolutions:
A. RESOLUTION NO. 2006-128: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING A
PROFESSIONAL SERVICES AGREEMENT WITH THE AMERICAN RED
CROSS, LAMAR COUNTY CHAPTER TO PERFORM CERTAIN SPECIALIZED
SERVICES ON BEHALF OF THE CITY OF PARIS; MAKING OTHER FINDINGS
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AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
B. RESOLUTION NO. 2006-129: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING A
PROFESSIONAL SERVICES AGREEMENT WITH THE CHILDREN'S
ADVOCACY CENTER TO PERFORM CERTAIN SPECIALIZED SERVICES ON
BEHALF OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
C. RESOLUTION NO. 2006-130: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING A
PROFESSIONAL SERVICES AGREEMENT WITH F AMIL Y HAVEN CRISIS
CENTER TO PERFORM CERTAIN SPECIALIZED SERVICES ON BEHALF OF
THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
D. RESOLUTION NO. 2006-131: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING A
PROFESSIONAL SERVICES AGREEMENT WITH NORTHEAST TEXAS
COUNCIL ON ALCOHOL AND DRUG ABUSE (NETCADA) TO PERFORM
CERTAIN SPECIALIZED SERVICES ON BEHALF OF THE CITY OF PARIS;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
AND DECLARING AN EFFECTIVE DATE.
E. RESOLUTION NO. 2006-132: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING A
PROFESSIONAL SERVICES AGREEMENT WITH MODELS OF THE MAKER
TO PERFORM CERTAIN SPECIALIZED SERVICES ON BEHALF OF THE CITY
OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
F. RESOLUTION NO. 2006-133: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING A
PROFESSIONAL SERVICES AGREEMENT WITH CASA FOR KIDS TO
PERFORM CERTAIN SPECIALIZED SERVICES ON BEHALF OF THE CITY OF
PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
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G. RESOLUTION NO. 2006-134: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING A
PROFESSIONAL SERVICES AGREEMENT WITH THE LAMAR COUNTY
HUMAN RESOURCES COUNCIL TO PERFORM CERTAIN SPECIALIZED
SERVICES ON BEHALF OF THE CITY OF PARIS; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
10. Consideration of and action on the following ordinances:
A. ORDINANCE NO. 2006-034: AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PARIS, PARIS, TEXAS, AMENDING SUBDIVISION
REGULATION ORDINANCE NO. 1315 OF THE CITY OF PARIS, PARIS,
TEXAS, PROVIDING THAT SECTION SV BE AMENDED BY REVISING THE
FEES FOR PLATS; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE
DATE OF OCTOBER 1, 2006.
A Motion to approve this item was made by Council Member Fendley and seconded
by Council Member Free1en. Motion carried, 7 ayes - 0 nays.
B. ORDINANCE NO. 2006-035: AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF P ARIS, PARIS, TEXAS, PROVIDING FOR THE REPEAL OF
SECTION 20-4 TO CHAPTER 20, LIBRARY, OF THE CODE OF ORDINANCES,
CITY OF PARIS, PARIS, TEXAS, ASSESSING A FORTY DOLLAR ($40.00)
ANNUAL FEE PER FAMILY FOR THOSE LIBRARY PATRONS RESIDING
OUTSIDE THE CORPORATE LIMITS OF THE CITY OF PARIS, AND
DECLARING THE SAME TO BE NULL AND VOID AND OF NO EFFECT;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
A Motion to approve this item was made by Council Member Freelen and seconded
by Council Member Gray. Motion carried, 7 ayes - 0 nays.
C. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT
TO SOUTHERN DISPOSAL, INC., FOR THE PURPOSE OF ENGAGING IN THE
BUSINESS OF COLLECTING OR TRANSPORTING SOLID WASTE FROM
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COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE
CITY 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.
Tony recommended denial of the item, as the City has a conflict with Southern
Disposal with regard to fees. Gene Anderson stated he had corresponded numerous times
with Southern Disposal regarding their outstanding fees due to the City. Southern Disposal
has taken the position the outstanding fees have been paid. Gene told Council he requested
documentation reflecting the fees had been paid in full; however, Southern Disposal has not
produced any documentation.
A Motion to deny this item was made by Council Member Fisher and seconded by
Council Member Wilson. Motion carried, 7 ayes - 0 nays.
D. ORDINANCE NO. 2006-036: AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF
ORDINANCES OF THE CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY
REVISING SECTION 30-16, CHAPTER 30, ARTICLE II OF SAID CODE;
PROVIDING FOR AN INCREASE IN THE AMOUNT OF RESIDENCE
HOMESTEAD EXEMPTION FOR PERSONS SIXTY-FIVE (65) YEARS OF AGE
OR OLDER; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
A Motion to approve this item was made by Council Member Fendley and seconded
by Council Member Free1en. Motion carried, 7 ayes - 0 nays.
E. ORDINANCE NO. 2006-037: AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PARIS, PARIS, TEXAS, ADOPTING A LOCAL OPTION TAX
EXEMPTION FROM CITY AD VALOREM PROPERTY TAXES FOR
RESIDENCE HOMESTEAD FOR DISABLED PERSONS QUALIFYING FOR A
DISABILITY HOMESTEAD; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
A Motion to approve this item was made by Council Member Ray and seconded by
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Council Member Gray. Motion carried, 7 ayes - 0 nays.
11. Consideration of and action on the following resolutions:
A. RESOLUTION NO. 2006-135: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PARIS, PARIS, TEXAS, ACCEPTING AND APPROVING THE
PARIS ECONOMIC DEVELOPMENT CORPORATION BUDGET FOR THE
FISCAL YEAR OCTOBER 1,2006, TO SEPTEMBER 30,2007; 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 Fendley and seconded
by Council Member Freelen. Motion carried, 6 ayes - 0 nays.
B. RESOLUTION NO. 2006-136: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PARIS, PARIS, TEXAS, ACCEPTING AND APPROVING THE
LOVE CIVIC CENTER, CHAMBER OF COMMERCE OF LAMAR COUNTY,
BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2006, TO SEPTEMBER 30,
2007; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
Council Member Fendley informed Council that he had a conflict and wanted to
recuse himself. Council Member Fisher made a motion to recuse Council Member Fendley
and Council Member Freelen seconded the motion. Motion carried, 6 ayes - 0 nays.
A Motion to approve this item was made by Council Member Free1en and seconded
by Council Member Fisher. Motion carried, 7 ayes - 0 nays.
Council Member Fisher made a motion to return Council Member Fendley to the
meeting and Council Member Freelen seconded the motion. Motion carried, 6 ayes - 0 nays.
C. RESOLUTION NO. 2006-137: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PARIS, PARIS, TEXAS, ACCEPTING AND APPROVING THE
PARIS VISITORS AND CONVENTION COUNCIL, CHAMBER OF COMMERCE
OF LAMAR COUNTY, BUDGET FOR THE FISCAL YEAR OCTOBER 1,2006,
TO SEPTEMBER 30, 2007; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
Council Member Wilson asked Mayor Manning ifhe should recuse himself, since he
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serves as the V &CC Chairman. Mayor Manning stated it was not a conflict, because the
contract with the Chamber of Commerce requires that the Mayor, the City Manager, and a
Council Member serve on the Board.
A Motion to approve this item was made by Council Member Fendley and seconded
by Council Member Freelen. Motion carried, 7 ayes - 0 nays.
D. RESOLUTION NO. 2006-138: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE
EXECUTION OF DSHS DOCUMENT NO. 2007-020900 (ATTACHMENT NO.
OOl-PURCHASE ORDER NO. 000032081). FOR REGIONAL AND LOCAL
MEDICAL SERVICES; 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 Fendley. Motion carried, 7 ayes - 0 nays.
12. Citizens Forum.
No one spoke.
13. Report from Jon Clack regarding the City of Paris Drought Contingency Plan.
Jon Clack reported to Council that the level of the lake was currently at 68%.
14. Possible future agenda items.
Council Member Fendley asked for a follow-up on the Charter Review.
Council Member Wilson asked for a discussion item and report from Gene Anderson
regarding the status of the pension fund and the firefighters' pension fund.
Council Member Freelen asked for a status report on the pet ordinance.
15. Referrals.
Rickey Ellis - Lot 14, City Block 171, 1335 4th Street S.W. - requested a zoning
change from a Heavy Industrial District (HI) to a One-Family Dwelling District No.3 (SF-3)
with Specific Use permit (39 Mobile Home).
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Ray Brumback - Lots 1 and 2, Block 10, Brookside Addition, 2474 Clark Lane -
requested a zoning change from One-Family Dwelling District No.2 (SF-2) to a Multiple-
Family Dwelling District (MF-l).
16. Adjournment.
There being no further business, Council Member Fisher made a Motion to adjourn
and Council Member Freelen seconded the Motion. The meeting was adjourned at 6:48 p.m.
RICHARD MANNING, MAYOR
JANICE ELLIS, CITY CLERK