04 City Council Meeting Minutes 10-30-06
REGULAR MEETING
OF THE CITY COUNCIL, CITY OF PARIS
October 30, 2006
The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday,
October 30, 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.
Shawn Napier gave the invocation.
2. Pledge of Allegiance.
Council Member Ray led the pledge.'
CONSENT AGENDA
Mayor Manning inquired if there were any items that Council Members wanted to pull
from the Consent Agenda for discussion.
Council Member Fendley asked to be recused from item 4B, because of a conflict. A
Motion to recuse Council Member Fendley was made by Council Member Fisher and seconded
by Council Member Ray. Motion carried, 6 ayes - 0 nays. The following items were
considered:
3. Approval of minutes from previous City Council meetings. (10/9/06)
4. Receipt of reports and/or minutes from committees, boards, and commissions:
A. Paris Economic Development Corporation. (9/25/06; 9/25/06; 10/12/06)
B. Historic Preservation Commission. (9/11/06; 9/25/06; 10/12/06)
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October 30, 2006
Page 2
C. Airport Advisory Board. (9/21/06)
D. Paris Public Library Advisory Board. (9/20/06)
Mayor Manning asked if there were any questions regarding the Consent Agenda.
Council Member Free1en inquired as to how many of the airport advisory board members
own hangars at the airport. Tony said he would obtain the information for Council. Council
Member Wilson asked that a discussion item be placed on the next Agenda regarding this
subj ect.
Upon a motion made by Council Member Fisher and a second by Council Member
Wilson, the Council voted six (6) for and none (0) opposed to approve and adopt the Consent
Agenda, Items 3, 4A, 4B, 4C and 4D set out above.
A Motion to return Council Member Fendley to the meeting was made by Council
Member Ray and seconded by Council Member Freelen. Motion carried, 6 ayes _ 0 nays.
5. Consideration of and action on the following ordinances:
A. ORDINANCE NO. 2006-039: AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PARIS, PARIS, TEXAS, ESTABLISHING MAXIMUM,
REASONABLE AND PRUDENT RATES OF SPEED ON CERTAIN PORTIONS
OF CERTAIN STREETS AND HIGHWAYS AND PUBLIC PLACES IN THE
CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; REPEALING ALL ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT HEREWITH; FIXING PENAL TIES FOR
VIOLATION HEREOF; DECLARING AN EMERGENCY; AND PROVIDING AN
EFFECTIVE DATE.
A Motion to approve this item was made by Council Member Fisher and seconded by
Council Member Freelen. Motion carried, 7 ayes - 0 nays.
B. ORDINANCE NO. 2006-040: AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PARIS, PARIS, TEXAS, ESTABLISHING MAXIMUM,
REASONABLE AND PRUDENT RATES OF SPEED ON CERTAIN PORTIONS
OF CERTAIN STREETS AND HIGHWAYS AND PUBLIC PLACES IN THE
CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; REPEALING ALL ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT HEREWITH; FIXING PENAL TIES FOR
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October 30, 2006
Page 3
VIOLATION HEREOF; DECLARING AN EMERGENCY; AND PROVIDING AN
EFFECTIVE DATE.
A Motion to approve this item was made by Council Member Freelen and seconded
by Council Member Fisher. Motion carried, 7 ayes - 0 nays.
C. ORDINANCE NO. 2006-041: AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING AND ALLOWING,
UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT
SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE
PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO
PRESENTL Y ARE IN THE EMPLOYMENT OF THE CITY OF PARIS, TEXAS;
PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES
FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE
CITY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS.
A Motion to approve this item was made by Council Member Freelen and seconded
by Council Member Fendley. Motion carried, 7 ayes - 0 nays.
D. ORDINANCE NO. 2006-042: 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
SECTION 12-1 OF SAID CODE TO AUTHORIZE THE STAFFING LEVELS OF
THE FIRE DEPARTMENT; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE
DATE.
A Motion to approve this item was made by Council Member Freelen and seconded
by Council Member Wilson. Motion carried, 7 ayes - 0 nays.
6. Personal Appearance(s)
A. Representative for Southern Disposal, Inc. regarding Solid Waste Hauler
Permit.
Clinton Lewis with Southern Disposal, asked for renewal of the solid waste hauler
permit. He said they own their own disposal site. Council Member Fendley asked where the
disposal site was located. Mr. Lewis said it was north of Hugo and south of Antlers,
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October 30, 2006
Page 4
Oklahoma. Council Member Fendley inquired as to ifit was an approved site, to which Mr.
Lewis answered yes. Council Member Wilson stated Council was looking at information that
reflected he was cited in 1998 for violations ranging from 1994 to 1997. Council Member
Wilson said the information also reflected that Mr. Lewis had agreed for a post closure for
$811,000.00. Mr. Lewis said it had been taken care of. Council Member Wilson said that
subsequently Mr. Lewis was cited for non-payment. Mr. Lewis said that was many years ago
and it had been taken care of. Mr. Lewis said it was an argument over the amount of money
the State of Oklahoma wanted from Southern Disposal and they reached a compromise.
Council Member Fendley ask that he provide documentation to the City Manager. Council
Member Wilson told Mr. Lewis his permit wasn't renewed because of non-payment. Council
Member Fendley questioned the validity of the insurance certificate, because it did not
contain a policy number nor an expiration date. Council Member Ray expressed the same
concern.
B. Weldon Houchins regarding deed restrictions.
Weldon Houchins, 2520-3rd S.E. - wanted to know who enforced deed restrictions.
He said a building permit had been issued for aI, 120 square foot home, with no garage and
no carport. He said this size home was not in compliance with the deed restrictions. John
Lestock informed Council the property owner was responsible for hiring their own attorney
and going to District Court to enforce deed restrictions. Council Memb.er Wilson asked that
a discussion item regarding the city enforcing deed restrictions be placed on the next Agenda.
7. Citizens Forum.
No one spoke.
8. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS, 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 FOR 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.
Mayor Manning expressed his concern with regard to not only past collection of fees
due to the City by Southern Disposal, but future collections as well. Council Member Gray
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October 30, 2006
Page 5
asked Mr. Lewis why he got behind on his payments. Mr. Lewis said in 2004, his accountant
left and he thought the fees had been paid. Council Member Fendley said based on prior
history and the insurance certificate, he did not see how Council could approve the permit.
A Motion to deny this item was made by Council Member Fendley and seconded by
Council Member Ray. Motion carried, 7 ayes - 0 nays.
Council Member Wilson inquired as to removal of Southern Disposal's equipment
from the City. Tony Williams asked Clinton Lewis what kind of schedule he was proposing
to remove his containers from the City.
Clinton Lewis said Southern Disposal had a property right that had been established
to these commercial customers. He said it would go to the attorneys, the attorneys would file
the lawsuit, and it would go to Court. He said they had a property right to the customers and
the City would have to buy them from him. Tony Williams informed Clinton Lewis that the
City would move immediately to take the appropriate legal action.
9. Discussion with the Charter Review Consultant concerning items the City Council
and the Consultant believe need to be introduced into the process of amending the
City Charter.
Monte Akers with Bovey, Akers and Borjorquez, gave a presentation to Council with
regard to the charter review process. The City Charter states that a Charter Election must be
held at the same time as the Municipal Election, which is in May. The election will need to
be called no later than March 11, 2006, for the May election. He said Council would need
to decide if they want to adopt a new Charter or amend the Charter. If Council wants to
adopt a brand new Charter, then the election cannot take place until May 2008. When you
adopt a new Charter, you have to elect a Charter Commission. Council would have to elect
a Charter Commission in May 2007, at the Municipal Election and then hold the Charter
Election in May 2008. Mr. Bovey recommended an amendment to the Charter and outlined
a seven step process as follows:
1. Identify all the potential issues;
2. Presentation of prioritized list from Mr. Akers to Council;
3. Council consider the list and identify what they consider priorities and appoint
Charter Committee;
4. Adopt an ordinance identifying the amendments and call the election;
5. Educational process;
6. Public Hearings;
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7. Election.
Mayor Manning said he thought the first step should be to have Mr. Bovey and city
staff get together and prioritize the list, then come back to Council. Council Member Ray
said he thought Mr. Bovey should meet with the Committee about the Amendments, then
come back to Council. He further stated he did not want it to appear that Council was
amending the Charter for their benefit. Council Member Wilson expressed concern about
the Committee selection being political. He suggested that each Council Member should put
one person on the committee and then vote on persons from a list of names submitted by each
Council Member to make-up the remainder of the Committee. He further suggested that they
not allow former Council Members or former employees participate on the Committee.
Council Member Wilson said this process would allow Mr. Bovey, the staff and Committee
to work together and bring something to Council for consideration. Council Member Ray
agreed with Council Member Wilson. Council Member Fendley stated the Committee
would need guidance, because most of them probably had never read the Charter. Mayor
Manning was in agreement. Mr. Bovey advised Council they needed to decide whether they
wanted to a create a new Charter or make amendments to the current Charter. It was a
consensus that Council wanted to make amendments to the current Charter. Mayor Manning
clarified with Mr. Bovey that he and staff would get together and identify the potential issues,
then come back to Council and select a committee, and start the process. Tony inquired of
Mr. Bovey as to what size committee they should select. Mr. Bovey's opinion was that the
Committee should not consist of more than nine persons. Council Member Wilson said in
addition to one appointment by each Council Member, they should have three or four at
large. Council Member Gray asked that Council be kept up to date on the status.
10. Discuss Disannexation in the area ofFM 905.
Tony provided Council with information regarding property in which owners have
requested to be disannexed in the area of FM 905. Council Member Freelen said he was
concerned about starting a trend with other property owners. Mayor Manning expressed the
same concern, as did Council Member Fendley. Council Member Ray said Council shouldn't
say no to these property owners, when they have already disannexed other property. Mayor
Manning asked Shawn Napier to identify all property in the City that is not currently being
provided full services and what it would cost to provide full services. Council Member
Wilson said there were other factors to consider, such as consideration of future potential
development. Council Member Ray said most of the people in this area have lived there for
a long time and would continue to do so without further development. Council Member
Wilson inquired about insurance classification. Tony said right now they are in a class three,
but if disannexed they would be a class ten. Council Member Freelen stated that the
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October 30, 2006
Page 7
residents wouldn't have city police and fire coverage and that had not been factored in.
Council Member Wilson said Council had disannexed a lot of property, and most of it had
been agriculture with very few houses.
11. Report from Jon Clack regarding the City of Paris Drought Contingency Plan.
Jon Clack reported to Council that the City was still in Stage II of the Drought
Contingency Plan and the lake levels were at 68%.
12. Possible future agenda items.
Council Member Wilson requested a discussion item on how many airport advisory
board members owned hangars as referenced above.
Council Member Wilson requested a discussion item be placed on the next Agenda
regarding the City enforcing deed restrictions as referenced above.
Council Member Gray requested that the annual evaluations of the city manager, city
attorney and city judge be placed on the next Agenda.
Council Member Ray requested an item discussing a possible ordinance be placed on
the next Agenda with regard to regulating the places that buy scrap metal and copper.
Council Member Ray requested a discussion and possible action on an ordinance
specifying rules and regulations for wrecker services, and possibly a limit to them.
13. Referrals.
There were none.
14. Adjournment.
There being no further business, Council Member Freelen made a Motion to adjourn
and Council Member Ray seconded the Motion. The meeting was adjourned at 7:23 p.m.
RICHARD MANNING, MAYOR