Loading...
02 City Council Mtg Min 05-08-06 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS May 8, 2006 The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, May 8, 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; and Don Wilson Absent Council Member: Rick Poston 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. 2. Receipt of report from the Planning & Zoning Commission. A&B. ORDINANCE NO. 2006-017: 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 LIGHT INDUSTRIAL DISTRICT (LI) ON LOT 3, CITY BLOCK 340, REQUESTED BY GERALD T. MARTIN, AGENT FOR PAULA F. BRANNON OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERL Y DESIGNATING THE BOUNDARIES OF THE LIGHT INDUSTRIAL DISTRICT (LI) 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. Mayor Fendley opened the public hearing and asked for anyone speaking in favor of this item to do so. Gerald Martin spoke in support of this item. Mayor Fendley asked for anyone speaking against this item to do so. With no one else speaking, Mayor Fendley closed the public hearing. Council Member Wilkerson inquired if the business was going to be for retail only. Mr. Martin answered in the affirmative. r" Regular City Council Meeting May 8, 2006 Page 2 A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Manning. Motion carried, 6 ayes - 0 nays. C&D. ORDINANCE NO. 2006-018: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 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 PLANNED DEVELOPMENT DISTRICT (PD-h) COMMERCIAL CENTER, RETAIL SHOPPING CENTER, AND OFFICE CENTER SO ESTABLISHED; PROVIDING FORA PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. Mayor Fendley opened the public hearing and asked for anyone speaking in favor of this item to do so. Gus Coppock, project architect, spoke in support of this item. Mayor Fendley asked for anyone speaking against this item to do so. Bud Mistry of the Comfort Inn, 3755 N.E. Loop 286, spoke in opposition of this item. Greg Magan, spoke against this item on behalf of the Hampton Inn and Days Inn. Raji Patel with the Best Western, spoke against approval of this item. Hmi Patel of theVictorian Inn, 415 N.E. 32nd, spoke in opposition of this item. With no one else speaking, Mayor Fendley closed the public hearing. Council Member Manning wanted to know if the hotel would have apartments. Mr. Coppock told Council that it would only have hotel rooms. He further told Council that adjacent to the property, they may put in a medical complex. Council Member Wilson inquired about parking spaces and Mr. Coppock told him that there would be sufficient parking. Subject to the Engineer's recommendations, a Motion to approve this item was made by Council Member Manning and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. E&F. ORDINANCE NO. 2006-019: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING THE SITE PLAN FOR A PLANNED DEVELOPMENT DISTRICT (PD-h) COMMERCIAL CENTER, RETAIL SHOPPING CENTER AND OFFICE CENTER, PREVIOUSL Y ESTABLISHED BY THE ADOPTION OF ZONING ORDINANCE NO. 2006-018, FOR PART OF LOT 7, CITY BLOCK 318, LOCATED AT 3205 LOOP 286 NE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT r'" Regular City Council Meeting May 8, 2006 Page 3 HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mayor Fendley opened the public hearing and asked for anyone speaking in favor of this item to do so. Gus Coppock, project architect, spoke in support of this item. Mayor Fendley asked for anyone speaking against this item to do so. With no one else speaking, Mayor Fendley closed the public hearing. Subject to the Engineer's recommendations, a Motion to approve this item was made by Council Member Wilson and seconded by Council Member Ray. Motion carried, 6 ayes - o nays. G. Consideration of and action on the Preliminary Plat on Part of Lot I-B, City Block 321, being number 2490 Spur 139. Subject to the Engineer's recommendations, a Motion to approve this was item made by Council Member Ray and seconded by Council Member Wilson. Motion carried, 6 ayes - o nays. H. Consideration of and action on the Preliminary Plat on Lots 12, 13, and 13A, City Block 94, being the 1000 Block of North Main. Subject to the Engineer's recommendations, a Motion to approve this item was made by Council Member Manning and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. I. Consideration of and action on the Replat for First Federal Savings and Loan Association, being number 3010 Loop 286 N.E. Subject to the Engineer's recommendations, a Motion to approve this item was made by Council Member Wilson and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. J. Consideration of and action on the Preliminary Plat of the Hills Phase V. Mayor Fendley informed Council that the Engineer recommended denial of this item. Subject to the Engineer's recommendation, a Motion to deny this item made by Council Member Manning and seconded by Council Member Ray. Motion carried, 6 ayes - o nays. Regular City Council Meeting May 8, 2006 Page 4 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 Fisher and a second by Council Member Manning, the Council voted six (6) for and none (0) opposed to approve and adopt the Consent Agenda, Items 3, 4A, 4B, 4C, 5A and 5B, as follows: 3. Approval of minutes from previous City Council meetings. (4/24/06) 4. Receipt of reports and/or minutes from committees, boards, and commissions: A. Paris Public Library Advisory Board. (3-22-06) B. Historic Preservation Commission. (4/12/06; 4/17/06; 4/24/06) C. Traffic Commission. (5/2/06) 5. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2006-070: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING A MEMBER TO PLANNING AND ZONING COMMISSION OF THE CITY OF PARIS TO SERVE THE UNEXPIRED TERM OF CARL LUCAS, WHICH ENDS DECEMBER 31, 2006; MAKING OTHER FINDING AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. B. RESOLUTION NO. 2006-071: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING A MEMBER TO THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF PARIS TO FILL THE UNEXPIRED TERM OF BARBARA WILSON, WHICH EXPIRES JULY 30, 2007; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 6. Public Hearing to receive input regarding designation of an area as Reinvestment Zone No. 15 associated with a proposed tax abatement for Kimberly-Clark Corporation. r- Regular City Council Meeting May 8, 2006 Page 5 Mayor Fendley opened the public hearing and asked for anyone speaking in favor of this item to do so. Gary Vest, Director of PEDC, spoke in support of this item. Charles Lynch, facility manager for Kimberly Clark spoke in support of this item. Mr. Lynch explained that their current 350,000 square foot warehouse had become obsolete. He stated that they plan to tear down the current warehouse and build a 450,000 square foot warehouse. Mr. Lynch told Council this project would help the facility in Paris to become more competitive. The Paris plant currently employs close to 900 people. Council Member Ray inquired if there would be creation of new jobs. Mr. Lynch said there would not be new jobs. Ray Banks, 3450 Robin Road, requested a definition of a reinvestment zone and qualifications. Gary Vest said that a reinvestment zone could be created in any area in which the unemployment rate is below the state average and there are delinquent taxes. Jake Street questioned the Council about the changing of criteria for incentives and asked for clarification of how the City does business regarding tax abatements. Vic Ressler, 4020 Holbrook, stated that the City needs to do whatever it can to keep our industries. He further stated the industries are important to our City. Sims Norment, 606 Church Street, spoke in support of this item. Mayor Fendley asked for anyone speaking against this item to do so. With no one else speaking, Mayor Fendley closed the public hearing. A. ORDINANCE NO. 2006-020: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING FOR THE ESTABLISHMENT OF REINVESTMENT ZONE NO. 15 IN SUPPORT OF A TAX ABATEMENT AGREEMENT WITH KIMBERLY-CLARK CORPORATION; 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. Tony Williams stated that the City Council had recently adopted guidelines for tax abatements and that Kimberly Clark does meet those guidelines. Tony told Council that Kimberly Clark had asked for a ten year tax abatement at 100%; however, he was recommending a seven year tax abatement at 100%. ,.,. Regular City Council Meeting May 8, 2006 Page 6 Council Member Ray questioned the Agreement as to why it allows for retention of 500 jobs instead of the 900 jobs. Tony said it was impossible to forecast the technology in seven years. Mayor Fendley said if we do not approve the tax abatement, we may not have the 500 jobs. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Wilkerson. Motion carried, 6 ayes - 0 nays. B. RESOLUTION NO. 2006-072: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING A TAX ABATEMENT AGREEMENTWITHKIMBERL Y- CLARK CORPORATION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Council Member Manning stated that the Tax Abatement Agreement does not necessarily mean that Kimberly Clark will be down 400 jobs. Council Member Wilson emphasized that they need to attract new industry to Paris and those potential new industries will consider how current industries are treated when making location decisions. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Manning. Motion carried, 5 ayes - 1 nay, with Council Member Ray casting the dissenting vote. 7. Public Hearing pursuant to Chapter 7 of the City Charter and Section 43.142 of the Local Government Code, to consider the disannexation of an 825.08 acre tract ofland on U.S. Highway 271 South, located south of Cox Field Airport forming a portion of the current outer boundaries of the city limits of the City of Paris. 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. 8. Public Hearing pursuant to Chapter 7 of the City Charter and Section 43.142 of the Local Government Code, to consider the disannexation of a 116.41 acre tract of land at State Hwy 19/24 South forming a portion of the current outer boundaries of the city limits of the City of Paris. Regular City Council Meeting May 8, 2006 Page 7 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. Scott Price, 1506 Highway 24, asked why the City wanted to disannex them. Tony said it was difficult for the City to provide quality services and that the City could not provide water to that area, because they were in a different water district. Mayor Fendley asked for anyone speaking against this item to do so. With no one else speaking, Mayor Fendley closed the public hearing. 9. Consideration of and action on the following ordinances. A. ORDINANCE NO. 2006-021: AN ORDINANCE OF THE CITY COUNCIL 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 FOR AN 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, 6 ayes - 0 nays. B. ORDINANCE NO. 2006-022: 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 NO-P ARKING MAP ADOPTED IN PARAGRAPH (b) OF SECTION 31-65 OF SAID CODE; ESTABLISHING A NO PARKING AREA: PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; MAKING OTHER FINDINGS AND PROVISIONS RELA TED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JUNE 1, 2006. Council Member Wilson inquired about making the street a one-way street. Chief Louis said to do so, would adversely affect the businesses in the area. r" Regular City Council Meeting May 8, 2006 Page 8 A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. C. ORDINANCE NO. 2006-023: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ESTABLISHING A MAXIMUM, REASONABLE RATE OF SPEED ON CERTAIN PORTIONS OF CERTAIN STREETS AND HIGHWAYS AND PUBLIC PLACES IN THE CITY OF PARIS; PROVIDING FOR A FINE 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 DECLARING AN EMERGENCY. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Ray. Motion carried, 6 ayes - 0 nays. 10. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2006-073: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, NOMINATING CAMPBELL SOUP SUPPLY COMPANY L.L.c. TO THE OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM ("OOGEDT") THROUGH THE ECONOMIC DEVELOPMENT BANK ("BANK" FOR DESIGNATION AS A QUALIFIED BUSINESS AND ENTERPRISE PROJECT ("PROJECT") UNDER THE TEXAS ENTERPRISE ZONE PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE ("ACT"); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Gary Vest said approval of this item would entitle Campbell Soup to some incentives from the State. He said there would not be a cost to the City. A Motion to approve this item was made by Council Member Fisher and seconded by Council Member Wilkerson. Motion carried, 6 ayes - 0 nays. B. RESOLUTION NO. 2006-074: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE EXECUTION OF A TAX SALE DEED TO PART OF LOT 9, AND ALL OF LOT 10 AND r" Regular City Council Meeting May 8, 2006 Page 9 THE WEST 15 FEET OF LOT 11, BLOCK 5, S.J. WRIGHT GRAND AVENUE ADDITION, LOCATED AT 1864 W. AUSTIN; 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 Manning and seconded by Council Member Wilson. Motion carried, 6 ayes - 0 nays. C. RESOLUTION NO. 2006-075: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, TERMINA TING THE EXISTING WATER PURCHASE CONTRACT BETWEEN THE CITY OF PARIS AND LAMAR COUNTY WATER SUPPL Y DISTRICT; APPROVING, ACCEPTING, AND AUTHORIZING THE EXECUTION OF A NEW WHOLESALE TREA TED WATER CONTRACT BETWEEN THE CITY OF PARIS AND THE LAMAR COUNTY WATER SUPPLY DISTRICT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Tony Williams told Council the existing contract was adopted in 1967 and the new contract is based upon the cost of service approach. Tony recommended approval of the new water contract. A Motion to approve this item was made by Council Member Wilkerson and seconded by Council Member Wilson. Motion carried, 6 ayes - 0 nays. 11. Discussion of staffing within the Paris Fire Department. Tony Williams gave a presentation regarding the Fire Department turnover in the past two years. He stated nine firefighters retired, three left to do a different type of work and several have gone to other cities. He noted that much of the turnover was due to a reduction in the work force. Council Member Ray asked Chief Grooms what kind of action he took to retain firefighters. Chief Grooms said that he had asked for a raise for the firefighters every year with exception oflast year. He further stated that he went through the City Manager with his requests. He stated he was told last year not to include raises in his budget, as were the other department heads. Council Member Ray expressed concern over losing the enormous amount of r" Regular City Council Meeting May 8, 2006 Page 10 experience out of the Fire Department over the last two years. Council Member Manning said we would probably never be able to compete with the metropolitan cities; however, suggested a pat on the back and showing appreciation for the firefighters. Council Member Ray asked Chief Grooms about the morale of the firefighters and Chief Grooms said it was low. Council Member Ray wanted to know about the contributing factors of low morale. Chief Grooms said it was due to several things, which included the benefits being cut and loss of jobs. Council Member Ray said they needed to address problems within the Fire Department. Chief Grooms agreed and said they also need to address starting salaries for firefighters. Council Member Wilkerson asked Chief Grooms to provide Council with two recommendations as to what they could do to retain firefighters and recruit new firefighters. She told Chief Grooms she would like a chart to review and he said that he would get one together for Council. Council Member Wilkerson said they need to work together to bring the Fire Department up to where it needs to be. Mayor Fendley advised Chief Grooms that the budget process would be getting underway shortly and he should address these issues with Tony. He said Tony will bring recommendations to Council. 12. Citizens Forum. Jeff Jameson - 775 Harvard, he said that he took a pay cut when he went to Greenville and that he left Paris because of the possibility of them doing away with Civil Service. He encouraged placement of three firefighters on an apparatus, because having two was not safe. Bruce Conder - 4291 FM Road 3298, he said the reason the fire department was having trouble was because of the chief. Mayor Fendley told Mr. Conder there would be no personal attacks at this meeting. He informed Mr. Conder if he had a grievance, that he should go through the grievance process. Ed Sidel- 1363 Pine Bluff, wants the Council to review the $150.00 water deposit, as he feels the amount is excessive. Brett Holbert - 331 CR, thanked Council for addressing the problems in the Fire Department and asked that they work together to rebuild the department. r" Regular City Council Meeting May 8, 2006 Page 11 Rodger Edelhauser - Reno, Texas, stated that seven firefighters left for other reasons than those reasons outlined earlier in the meeting. Wesley Tallant - Bonham, Texas, he left for medical reasons. He told Council they should ask the other firefighters why they left the department. Mike Gordon - there a lot of issues in the Fire Department that need to be addressed. He told Council if they wanted to know the reasons firefighters left the department, that they should talk to the firefighters. 13. Possible future agenda items. N one were referenced. 14. Consider and approve future events for City Council and/or City Staff pursuant to Resolution 2004-081. There were none. 15. Referrals. There were none. 16. Adjournment. There being no further business, the meeting was adjourned at 7:55 p.m. CURTIS FENDLEY, MAYOR JANICE ELLIS, CITY CLERK r"