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,
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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.
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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:
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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.
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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.
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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.
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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.
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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.
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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,
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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
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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.
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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