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03 City Council Min 4-24-06 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS April 24, 2006 The City Council ofthe City of Paris met for a regular session at 6:00 P. M. Monday, April 24, 2006, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Curtis Fendley Council Members: Tim Ray; Richard Manning, Mayor Pro Tern; Mary Ann Fisher; Karen Wilkerson; Rick Poston; and Don Wilson City Staff: Tony N. Williams, City Manager; John Lestock, Assistant City Attorney; and Janice Ellis, City Clerk 1. Mayor Fendley called the meeting to order. CONSENT AGENDA Mayor Fendley 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 Manning and a second by Council Member Wilson, the Council voted seven (7) for and none (0) opposed to approve and adopt the Consent Agenda, Items 2, 3A, 3B, 4A, and 4B, as follows: 2. Approval of minutes from previous City Council meetings. (4/10/06) 3. Receipt of reports and/or minutes from committees, boards, and commissions: A. Airport Advisory Board. (3/30/06) B. Paris Economic Development Corporation. (3/8/06) 4. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2006-066: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING A MEMBER TO THE BAND COMMISSION OF THE CITY OF PARIS TO SERVE THE UNEXPIRED TERM OF LINDA SUAREZ, WHICH EXPIRES JUNE 30, Regular City Council Meeting April 24, 2006 Page 2 2007; MAKING OTHER FINDING AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. B. RESOLUTION NO. 2006-067: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING A MEMBER TO THE LIBRARY ADVISORY BOARD TO SERVE THE UNEXPIRED TERM OF CARL LUCAS, WHICH EXPIRES JUNE 30, 2007; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 5. Public Hearing to receive citizen input regarding the natural gas distribution rates of Atmos Energy Corp., Mid- Tex Division. Mayor Fendley opened the public hearing and asked for anyone speaking in favor of this item to do so. No one spoke in support of this item. Mayor Fendley asked for anyone speaking against this item to do so. With no one speaking, Mayor Fendley closed the public hearing. A. ORDINANCE NO. 2006-016: AN ORDINANCE FINDING THAT THE EXISTING NATURAL GAS DISTRIBUTION RATES OF A TMOS MID- TEX SHOULD BE REDUCED; ORDERING ATMOS ENERGY CORP., MID- TEX DIVISION, TO REDUCE ITS EXISTING RATES WITHIN THE CITY; ADOPTING SPECIFIC NEW RATES R, T & C AND ORDERING ALL RATES, SERVICE CHARGES AND TARIFF LANGUAGE NOT INCONSISTENT WITH ATTACHMENT 1 TO REMAIN OPERATIVE EXCEPT THAT ALL GRIP SURCHARGES SHALL IMMEDIATELY CEASE; ORDERING A TMOS MID- TEX TO REIMBURSE THE CITY FOR ITS REASONABLE COSTS INCURRED IN THIS SHOW CAUSE AND ANY RELATED RA TEMAKING PROCEEDINGS OR APPEALS OF SAID PROCEEDINGS; AUTHORIZING THE A TMOS CITIES STEERING COMMITTEE TO ACT ON BEHALF OF CITY AND INTERVENE IN ANY PROCEEDINGS BEFORE ADMINISTRATIVE OR JUDICIAL BODIES; REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Poston. Motion carried, 7 ayes - 0 nays. Regular City Council Meeting April 24, 2006 Page 3 6. SECOND READING: AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, GRANTING TO TXU ELECTRIC DELIVERY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE NON-EXCLUSIVE RIGHT TO USE AND OCCUPY RIGHT-OF-WAY WITHIN THE CITY OF PARIS FOR THE CONSTRUCTION AND OPERATION OF AN ELECTRIC TRANSMISSION AND DISTRIBUTION SYSTEM; PRESCRIBING CONDITIONS GOVERNING THE USE OF THE PUBLIC RIGHTS-OF - WAY; PROVIDING FOR COMPENSATION THEREFOR, PROVIDING FORAN EFFECTIVE DATE AND A TERM OF SAID FRANCHISE, PROVIDING FOR WRITTEN ACCEPTANCE OF THIS FRANCHISE; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC; AND PROVIDING FOR SEVERABILITY. A Motion to approve this item was made by Council Member Manning and seconded by Council Member Wilson. Motion carried, 7 ayes - 0 nays. 7. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2006-068: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AN APPLICATION FORAN AUTOMOBILE THEFT PREVENTION GRANT; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Council Member Poston asked Chief Louis to give Council an explanation of this grant. Chief Louis explained to Council that the City provides $87,293.00 and receives from the grant $103,326.00. This grant allows two officers to work full-time on auto theft prevention, closing down auto theft rings and recovering stolen vehicles. A couple of years ago we had over 130 vehicles stolen in Paris and last year we had 86 vehicles stolen. A Motion to approve this item was made by Council Member Poston and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. B. RESOLUTION NO. 2006-069: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, P ARlS, TEXAS, OPPOSING THE PROPOSED HUGO, OKLAHOMA TO VALLEY SOUTH SUBSTATION TRANSMISSION LINE Regular City Council Meeting April 24, 2006 Page 4 PROJECT BY BRAZOS ELECTRIC POWER COOPERATIVE, INC. GOING AROUND AND THROUGH THE EAST AND SOUTH SIDES OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Tony Williams informed Council that the proposed route of the transmission line chosen by Brazos Electric was of concern to staff. He stated the easterly route would circle around the east and south portions of the community. Tony said the height of the towers that will support the 345 kV transmission line is somewhere between 125 feet and 150 feet tall. Tony said there is a concern for aviation safety, as well as future development for the community. Tony told Council that the Texas Public Utilities Commission had the final say on the location of the transmission line. He suggested to Council that the City express it's opinion opposing the transmission line and outline the safety issues. Council Member Manning acknowledged the group of citizens who were in attendance and opposing the route. In addition to safety concerns, he stated that citizens were concerned about possible loss of property value. Council Member Manning emphasized this line would be detrimental to the community. Council Member Wilson wanted to know if there was discussion at any of the meetings as to why Brazos Electric wanted to run the line through Paris. Tony told Council he was not aware of such discussion. Council Member Wilson inquired as to what staff would do to make sure notice is given that the City opposes the line going through our community. Tony said he would send a formal opposition to Brazos Electric and the Texas Public Utilities Commission. In addition, Mayor Fendley stated that state representatives should be contacted. Council Member Poston asked that Tony also contact the City of Reno. A Motion to approve this item was made by Council Member Manning and seconded by Council Member Wilkerson. Motion carried, 7 ayes - 0 nays. 8. Citizens Forum. Gean Schweers - 5005 Old Clarksville Road, spoke in opposition of the Transmission Line Project. Marilyn Bellevance - 262 N.E. 25th Street, spoke in support of enforcing current ordinances, including but not limited to grass clippings being left in the streets. Bill Sebastian - 1476 CR 2130, Telephone, Texas 75488 - he said that there was a need for the Brazos Electric Project; however, he supports encouraging TXU to take Regular City Council Meeting April 24, 2006 Page 5 over the project. 9. Possible future agenda items. Council Member Ray requested a report regarding retention of firefighters. 10. Referrals. John Gitlin - Part of Lot 7, City Block 318, being number 3205 Loop 286 N.E. and containing 2.618 acres and being that same property shown in the proposed replat establishing Lot 1, Block A, Prospera Place. Gerald T. Martin - Lot 3, City Block 340, 2980 S. Church Street. 11. Adjournment. There being no further business, the meeting was adjourned at 6:28 p.m. CURTIS FENDLEY, MAYOR JANICE ELLIS, CITY CLERK