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07 Council Min 1-10-05.wpd REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS January 10, 2005 1. The City Council of the City of Paris met in regular session at 6:00 P. M. Monday, January 10, 2005 at the Love Civic Center, 2025 South Collegiate Drive, Paris, Texas. Present: Mayor: Curtis Fendley Council members: Jay Guest, Mayor Pro Tem, Jim Bell, Mary Ann Fisher, Don Wilson, Karen Wilkerson, Rick Poston City staff: City Manager Tony N. Williams, City Attorney Larry W. Schenk, Asst. City Clerk Sherian Dixon, Finance Director Gene Anderson 2. Receipt of report from Planning and Zoning Commission. A. Public Hearing to consider petition of Lee Woodard, representing his father, Dewey Woodard, for a change in zoning from Neighborhood Service District (NS) to Commercial (C) on Lot 35-B, City Block 249, being 3025 Clarksville Street. Lee Woodard appeared in favor of the petition. No one appeared against. Mayor Fendley closed the public hearing. B. ORDINANCE NO. 2005-001: AN ORDINANCE OF THE CITY COUNCIL OF 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 COMMERCIAL DISTRICT (C) ON LOT 35-B, CITY BLOCK 249, REQUESTED BY LEE WOODARD, AGENT FOR DEWEY L. WOODARD, OWNER, Regular City Council Meeting January 10, 2005 Page 2 SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A NEIGHBORHOOD SERVICE DISTRICT (NS); DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLISHED; 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. Councilman Guest - Motion to approve. Councilman Bell-2nd. Motion carried - 7 ayes, 0 nays. C. Consideration of and action on the Preliminary Plat of Pecan Place. Denied at Planning and Zoning Meeting 8 ayes, 0 nays. nd Councilman Guest - Motion to deny. Councilwoman Fisher - 2. Motion carried 7 ayes, 0 nays. D. Consideration of and action on Master Plat of Pecan Place. Denied at Planning and Zoning Meeting 8 ayes, 0 nays. Councilman Wilson - Motion to deny. Councilwoman Fisher- 2nd. Motion carried 7 ayes, 0 nays. E. Consideration of and action on the Preliminary Plat of Lot 1, Block A of the Southwest Industrial Park #1, being at 1810 Loop 286 S. W. Approved at Planning and Zoning 8 ayes, 0 nays, Subject to Engineer’s recommendations. nd Councilman Bell - Motion to approve. Councilman Wilson - 2. Motion carried 7 ayes, 0 nays. Regular City Council Meeting January 10, 2005 Page 3 F. Consideration of and action on the Preliminary Plat on Lot 1, Block A of the Ting Addition, located at 3920 Lamar Avenue Approved at Planning and Zoning Meeting 8 ayes, 0 nays, subject to Engineer’s recommendations. nd Councilman Wilson - Motion to approve. Councilman Guest -2. Motion carried 7 ayes, 0 nays. G. Consideration of and action on the Final Plat of Lots 10, 11, and rd 12-A, City Block 176, located at 451 3 Street S. W. Approved at Planning and Zoning Meeting 8 ayes, 0 nays, subject to Engineer’s memo. Councilman Guest - Motion to approve. Councilwoman nd Wilkerson - 2. Motion carried 7 ayes, 0 nays. CONSENT AGENDA Mayor Fendley asked that item 5B, appointing a member to the Fire Fighters’ and Police Officers’ Civil Service Commission, be tabled for further discussion. Motion: Upon a motion made by Councilman Bell and a second by Councilwoman Fisher, the Council voted seven (7) for and zero (0) opposed to approve and adopt the consent agenda, Items 3, 4., and 5a, as follows: 3. Approval of minutes for previous City Council meetings. (10-18-04, 10-25-04, 11-04-04, 11-08-04 Special, 11-08-04, 11-18-04, 12-13-04) 4. Receipt of reports/minutes from committees, boards and commissions: Regular City Council Meeting January 10, 2005 Page 4 A. Paris Public Library (9-15-04) B. Paris Economic Development Corporation (12-22-04) C. Historic Preservation Commission (11-6-04, 11-10-04 11-22-04) D. Traffic Commission (12-14-04) E. Board of Commissioners, Housing Authority of Paris (12-21-04) F. Paris/Lamar County Board of Health (12-21-04) G. Airport Advisory Board (6-17-04, 11-18-04) H. Main Street Advisory Board (11-18-04) I. Joint Meeting of the City Council, Planning & Zoning Commission, Paris Historic Preservation Commission & Building and Standards Commission 5. Consideration of and action on the following resolution: A. Declaring surplus and approving the sale and transfer of Excess and obsolete vehicles. RESOLUTION NO. 2005-001: A OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, DECLARING VARIOUS USED CITY-OWNED VEHICLES SURPLUS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. The motion carried 7 ayes, 0 nays. Regular City Council Meeting January 10, 2005 Page 5 6. Personal Appearance(s). A. Maralene Rose, 2710 West Brame, appeared before the Council to discuss a petition signed by 864 residents of the City of Paris which she filed with the City Clerk on January 6, 2005, requesting that there be no privatization of residential trash collection services in the City. 7. Receipt of reports from the Traffic Commission. A. ORDINANCE NO. 2005-002 - 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) IF SECTION 31-65 OF SAID CODE TO PROVIDE STOP SIGNS ON DICKSON TH STREET AT 10 STREET N. W. IN AN EAST-AND RD WEST-BOUND DIRECTION, ON 3 STREET S. W. AT HEARNE STREET IN A NORTH- AND SOUTH-BOUND TH DIRECTION, AND AT HEARNE STREET AT 4 S. W. IN A WEST-BOUND DIRECTION; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; 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 FEBRUARY 1, 2005. Councilman Bell - motion to approve. Councilwoman nd Wilkerson - 2. Motion carried 7 ayes, 0 nays. Councilman Bell said he would like to see the same thing done on Church Street. Regular City Council Meeting January 10, 2005 Page 6 B. ORDINANCE NO. 2005-003 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS BE AMENDED BY REVISING THE NO-PARKING AREA OF THE TRAFFIC CONTROL MAP ADOPTED IN PARAGRAPH (b) OF SECTION 31-65 OF SAID CODE; RD ESTABLISHING A NEW NO PARKING AREA ON 3 STREET N. W.; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF FEBRUARY 1, 2005. Councilman Bell - motion to approve. Councilman Poston - nd 2. Motion carried 7 ayes, 0 nays. 8. A. ORDINANCE NO. 2005-004 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING SECTION 18-23(a) OF THE CODE OF ORDINANCES OF SAID CITY TO ADD A NEW PARAGRAPH (4) THERETO AUTHORIZING THE ADDITION OF A THIRTY PERCENT (30%) COLLECTION FEE ON ALL UNPAID FINES, FEES, COURT COSTS, AND OTHER CHARGES ASSESSED BY THE MUNICIPAL COURT IN ACCORDANCE WITH STATE LAW; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Councilman Poston - Motion to approve. Councilman Wilson nd - 2 . Motion carried 7 ayes, 0 nays. Regular City Council Meeting January 10, 2005 Page 7 9. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2005-002 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE AWARD OF A PROFESSIONAL SERVICES COLLECTION AGREEMENT FOR THE COLLECTION OF DELINQUENT MUNICIPAL COURT FEES, FINES, AND COSTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. City Manager Tony N. Williams recommended American Municipal Services Corporation, the service they have been using for nine (9) years. Yvonne Chance, Municipal Court Clerk, and Tom Hunt, Municipal Court Judge, answered questions from the Council and gave their recommendations. Following discussion, Councilman Poston - motion to approve. nd Councilwoman Fisher - 2 . Motion carried 5 ayes, 2 nays, Councilman Guest and Councilman Bell voting no. B. RESOLUTION NO. 2005-003 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AFFIRMING THAT THE CITY OF PARIS HAS COMPLIED WITH THE REQUIREMENTS OF THE PUBLIC FUNDS INVESTMENT ACT; AMENDING THE CITY’S INVESTMENT POLICY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Finance Director Gene Anderson said the guidelines are put forward by State Law. nd Councilman Wilson - motion to approve. Councilman Guest - 2. Regular City Council Meeting January 10, 2005 Page 8 Motion carried 7 ayes, 0 nays. C. RESOLUTION NO. 2005-004 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF CONTRACT CHANGE ORDER NOTICE NO. 6 FOR PUBLIC HEALTH SERVICES, TDH DOCUMENT NO. 7560022067-2005 (ATTACHMENT NO. 01C) IMMUNIZATION BRANCH- LOCALS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AND EFFECTIVE DATE. City Manager Williams said this was an increase of $27,000.00 dollars on this grant and there was no match required. nd Councilman Guest - motion to approve. Councilwoman Fisher - 2. Motion carried 7 ayes, 0 nays. D. RESOLUTION NO. 2005-005 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING INTERVENTION BEFORE THE RAILROAD COMMISSION OF TEXAS IN GAS UTILITIES DOCKET (GUD) NO. 9530; AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY CORPORATION, FORMERLY KNOWN AS TXU GAS COMPANY, IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING A GAS COST PRUDENCE REVIEW RELATED TO A FILING MADE IN SEPTEMBER OF 2004 AS REQUIRED BY THE FINAL ORDER IN GUD NO. 8664; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; MAKING OTHER FINDINGS RELATED TO THE SUBJECT AND PROVIDING AND EFFECTIVE DATE. Regular City Council Meeting January 10, 2005 Page 9 City Attorney Schenk said Finance Director Gene Anderson would be the City’s designated representative. Councilman Poston - motion to approve. Councilwoman Fisher - nd 2. Motion carried 7 ayes, 0 nays. E. RESOLUTION NO. 2005-006 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, SUSPENDING THE PROPOSAL BY ATMOS ENERGY CORPORATION TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2003; AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY CORP., MID-TEX DIVISION, IN A REVIEW AND INQUIRY INTO THE BASIS AND REASONABLENESS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON THE STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. nd Councilman Guest - motion to approve. Councilman Poston - 2. Motion carried 7 ayes, 0 nays. F. RESOLUTION NO. 2005-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ORDERING THE REGULAR MUNICIPAL ELECTION FOR THE CITY OF PARIS, PARIS, TEXAS, TO BE HELD ON THE FIRST TH SATURDAY IN MAY, 2005, SAME BEING THE 7 DAY OF MAY 2005, BETWEEN THE HOURS OF 7:00 O’CLOCK A.M. AND 7:00 O’CLOCK P.M., BY THE QUALIFIED VOTERS OF DISTRICTS 4, 5, AND 7 OF THE CITY OF PARIS, PARIS, Regular City Council Meeting January 10, 2005 Page 10 TEXAS, WITH EARLY VOTING FOR THE SAME BEING CONDUCTED IN THE CITY HALL ANNEX WEST FROM THE THRD 20 DAY OF APRIL 2005, THROUGH THE 3 DAY OF MAY 2005, MONDAY THROUGH FRIDAY, BETWEEN THE HOURS OF 8:00 O’CLOCK A.M. AND 5:00 O’CLOCK P.M., FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS FROM EACH OF SAID DISTRICTS TO SERVE AS MEMBERS OF THE CITY COUNCIL FOR THE ENSUING TWO (2) YEARS; AND DECLARING AN EFFECTIVE DATE. nd Councilman Bell - motion to approve. Councilwoman Fisher - 2. Motion carried 7 ayes, 0 nays. G. RESOLUTION NO. 2005-008 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE IMPLEMENTATION OF A CITY OF PARIS EMERGENCY MANAGEMENT PLAN; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Manager Williams said this was an update of the existing plan to comply with new Homeland Security guidelines. nd Councilman Wilson - motion to approve. Councilman Guest - 2. Motion carried 7 ayes, 0 nays. H. RESOLUTION NO. 2005-009 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AWARDING THE BID FOR CITY DEPOSITORY FOR THE PERIOD BEGINNING MARCH 1, 2005 AND ENDING FEBRUARY 28, 2007; AUTHORIZING THE EXECUTION OF A CONTRACT UPON THE TERMS AND CONDITIONS SET OUT IN THE INSTITUTION’S BID; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND Regular City Council Meeting January 10, 2005 Page 11 PROVIDING AN EFFECTIVE DATE. nd Councilman Guest - motion to approve. Councilman Poston - 2. Motion carried 7 ayes, 0 nays. I. RESOLUTION NO. 2005-009 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING A LEASE-PURCHASE AGREEMENT BY AND BETWEEN THE CITY OF PARIS AND CHRISTIANS IN ACTION, INC. FOR THE LEASE-PURCHASE OF A SURPLUS CITY VEHICLE TO BE USED IN A PILOT PROGRAM OF RECYCLING RESIDENTIAL WASTE MATERIAL; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Manager Williams explained this was a 1979 Chevrolet Truck that the City was going to put up for auction and Christians in Action want to lease it for a couple of months until they know the program will work and then buy it from the City. He said the City would require them to have insurance. Councilwoman Wilkerson - motion to approve. Councilman Wilson nd - 2. Motion carried 7 ayes, 0 nays. 10. Possible future agenda items. th A. Workshop scheduled for Thursday, January 20 at the Civic Center. B. Councilman Guest giving resignation effective at February meeting. C. Drainage problems. Regular City Council Meeting January 10, 2005 Page 12 City Manager Williams reminded Council of the regular meeting scheduled for Monday, January 24, 2004 at 6:00 P.M. at the Civic Center. There were no referrals. There being no further business, the meeting adjourned. _______________________________ CURTIS FENDLEY, MAYOR ATTEST: __________________________________ SHERIAN DIXON, ASST. CITY CLERK