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03 City Council Mtg Min 5-22-06 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS May 22, 2006 The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, May 22, 2006, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Curtis Fendley Mayor: Council Members: Tim Ray; Richard Manning, Mayor Pro Tern; Mary Ann Fisher; Rick Poston; and Don Wilson Absent Council Member: Karen Wilkerson 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. Approval of minutes from previous City Council meetings. (5-8-2006) A Motion to approve was made by Council Member Ray and seconded by Council Member Manning. Motion carried - 6 ayes, 0 nays. 3. Canvass the returns of the Regular Municipal Election held on May 13,2006. Mayor Fendley canvassed the returns of the Regular Municipal Election held on May 13,2006, and the results were as follows: Early Voting/District 1: Mary Ann Reed Fisher - 33; Carolyn King - 7 Election Day/District 1: Mary Ann Reed Fisher - 73; Carolyn King - 12 Total/District 1: Mary Ann Reed Fisher -106; Carolyn King -19; Declaring Mary Ann Reed Fisher the winner in District 1. Early Voting/District 2: Emma Smith - 0; Karen Wilkerson - 3; David Millsap - 0; Kevin Gray - 4 r" Regular City Council Meeting May 22, 2006 Page 2 Election Day/District 2: Emma Smith - 5; Karen Wilkerson - 13; David Millsap - 3; Kevin Gray - 34 Total/District 2: Emma Smith - 5; Karen Wilkerson - 16; David Millsap - 3; Kevin Gray - 38; Declaring Kevin Gray the winner in District 2. Early Voting/District 3: Gene W. McWaters - 3; Jesse James Free1en - 17 Election Day/District 3: Gene W. McWaters - 29; Jesse James Free1en - 83 Total/District 3: Gene W. McWaters - 32; Jesse James Free1en - 100; Declaring Jesse James Freelen the winner in District 3. Early V oting/ District 6: Herb Campbell - 58; Don Wilson - 78 Election Day/District 6: Herb Campbell - 102; Don Wilson - 108 Total/District 6: Herb Campbell- 160; Don Wilson - 186; Declaring Don Wilson the winner in District 6. 4. RESOLUTION NO. 2006-076: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, CANVASSING THE RETURNS FOR THE MAY 13,2006, GENERAL ELECTION FOR COUNCIL DISTRICTS 1,2, 3 AND 6; DECLARING THE WINNERS IN SAID ELECTION; DECLARING THE TERMS OF OFFICE FOR THE AFORESAID CANDIDATES; 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 Fisher. Motion carried, 6 ayes - 0 nays. 5. The Oath of Office was administered to newly elected Council Members, Mary Ann Reed Fisher, Kevin Gray, Jesse James Free1en and Don Wilson, by City Clerk Janice Ellis. 6. Election by City Council of Mayor and Mayor Pro Tempore to serve the City of Paris for the next year. r--- Regular City Council Meeting May 22, 2006 Page 3 Mayor Fendley opened the floor for nomination of mayor. Council Member Ray made a motion to nominate Richard Manning as mayor. Mayor Fendley asked if there were any other nominations. There were none. Mayor Fendley asked if there was a motion to cease nominations and elect Richard Manning by acclamation. Council Member Fisher made a motion to cease nominations and elect Richard Manning. Council Member Wilson seconded the motion. Motion carried - 7 ayes, 0 nays. Mayor Manning opened the floor for nomination of mayor pro-tempore. Council Member Gray made a motion to nominate Mary Ann Fisher as mayor pro-tempore. Mayor Manning asked ifthere were any other nominations. There were none. Council Member Ray made motion to cease nominations and Council Member Wilson seconded the motion. 7. Acknowledgment of former Council Members' service. Presentation of plaques by Mayor Fendley to Rick Poston for his service on the City Council. Council Member Karen Wilkerson who was absent, will be delivered a plaque for her service to the City. CONSENT AGENDA Mayor Manning inquired if there were any items that Council Members wanted to pull from the Consent Agenda for discussion. Council Member Ray questioned item 8A with regard to the change in tax dollar amount due to the comptroller holding some ofthe funds due to a funding change. Tony Williams explained that the state auditors office conducted an audit of the industries in town. The auditors determined that there was approximately $75,000.00 that had been overpaid to the City and the State was withholding that amount of money over a period of a few months. Council Member Ray also questioned why PEDC was contributing $50,000.00 to the Texas Department of Transportation to help them repair their own highway. Tony said he would ask TxDOT. Upon a motion made by Council Member Fendley and a second by Council Member Fisher, the Council voted seven (7) for and none (0) opposed to approve and adopt the Consent Agenda, Items 8A, 8B, 8C, 8D, 8E, 8F, and 8G, as follows: 8. Receipt of reports and/or minutes from committees, boards, and commissions: A. Paris Economic Development Corporation. (4/17/2006) f' Regular City Council Meeting May 22, 2006 Page 4 B. Airport Advisory Board. (4/13/2006) C. Paris/Lamar County Board of Health. (3/21/2006) D. Historic Preservation Commission. (5/1/2006) E. Building and Standards Commission. (5/15/2006) F. Planning and Zoning Commission. (4/3/2006) G. Paris Library Advisory Board. (4/20/2006) 9. RESOLUTION NO. 2006-077: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE ARK-TEX COUNCIL OF GOVERNMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Manning asked Council Members if any were willing to serve on the Board. Council Member Fisher and Council Member Free1en volunteered to serve on the Board. Mayor Manning recommended Council Member Fisher, Council Member Freelen and himself to serve on the Board of Directors. Mayor Manning recommended that he serve on the Executive Committee of the Ark-Tex Council of Governments. A Motion to approve was made by Council Member Ray and seconded by Council Member Gray. Motion carried, 7 ayes - 0 nays. 10. Second 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 Manning 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 Manning asked for anyone speaking against this item to do so. With no one speaking, Mayor Manning closed the public hearing. 11. Second 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 Regular City Council Meeting May 22, 2006 Page 5 ofland at State Hwy 19/24 South forming a portion of the current outer boundaries of the city limits of the City of Paris. Mayor Manning 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 Manning asked for anyone speaking against this item to do so. With no one speaking, Mayor Manning closed the public hearing. 12. Consideration of and action on the following ordinances. A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PURSUANT TO CHAPTER 7 OF THE CITY CHARTER AND SECTION 43.142 OF THE LOCAL GOVERNMENT CODE, DISANNEXING A 2.50 ACRE TRACT OF LAND A T THE SOUTHEASTERL Y BOUNDARY LINE OF FM 195, APPROXIMATELY 530 FEET NORTHEAST OF LAKESHORE DRIVE, FORMING A PORTION OF THE CURRENT OUTER BOUNDARIES OF THE CITY LIMITS OF THE CITY OF PARIS, IN RESPONSE TO A PETITION FOR SUCH DISANNEXA TION FILED BY BOB D. ABLES AND SANDRA L. ABLES; MAKING A FINDING WITH REGARD TO POTENTIAL REFUNDS OF PROPERTY TAXES TO THE AFORESAID DISANNEXED LANDOWNERS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Tony recommended to Council they deny the application for disannexation. He stated that the growth pattern of the community was in the easterly direction. A Motion to deny this item was made by Council Member Fendley and seconded by Council Member Fisher. Motion carried, 6 ayes - 1 nay, with Council Member Ray casting the dissenting vote. 13. Consideration of and action on the following resolutions. A. RESOLUTION NO. 2006-078: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE CITIES AGGREGATION POWER PROJECT, INC. (CAPP) TO NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2007; AUTHORIZING THE MAYOR OR Regular City Council Meeting May 22, 2006 Page 6 OTHER DESIGNATED CITY OFFICIAL TO SIGN A CONTRACT WITH CAPP FOR THE CITY OF PARIS' 2007 AND 2008 ELECTRICITY NEEDS; AND COMMITTING TO BUDGET FOR ENERGY PURCHASES IN 2007 AND 2008 AND TO HONOR THE CITY OF PARIS' COMMITMENTS TO PURCHASE POWER FOR ITS ELECTRICAL NEEDS IN 2007 AND 2008 THROUGH CAPP; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Tony Williams explained the City of Paris had joined with many cities across the State. He further explained this enables the City to get the group's buying power which will help us to get better rates on electricity. It is a volume purchase program. A Motion to approve this item was made by Council Member Gray and seconded by Council Member Ray. Motion carried, 7 ayes - 0 nays. B. RESOLUTION NO. 2006-079: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING THE EXERCISE OF OPTION TO EXTEND THE TERMS OF A LEASE AGREEMENT BETWEEN THE CITY OF PARIS AND ARCHERS FOR CHRIST BY EXTENDING THE TERMS FOR USE OF TRACTS ONE (1) AND SEVEN (7) FOR ADDITIONAL FIVE CONSECUTIVE ONE-YEAR TERMS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Fisher and seconded by Council Member Wilson. Motion carried, 7 ayes - 0 nays. 14. Citizens Forum. No one spoke. 15. Possible future agenda items. Tony Williams asked Council to schedule a convenient time for training on the Open Records Act. Council scheduled the training for Monday, June 19,2006, at 5:00 p.m. Tony asked Council to consider a schedule for the budget process. He told Council that it would take between six and eight meetings of the Council. He said that they could do Regular City Council Meeting May 22, 2006 Page 7 workshops in conjunction with the regular meetings or schedule them on a separate night of the week. Council Member Fisher expressed she liked the manner in which Tony scheduled the meetings last year, in that they had some meetings in conjunction with the regular meetings and separate meetings to cover the big items. Council Member Ray requested an action item on the next Agenda to consider a resolution asking PEDC to hire someone who will work more compatible with the City Council. Tony said that PEDC is not a contract, but that Council appoints the Board and the Board hires the executive director. Tony said we do contract with VC&C and that contract comes up in September. Council Member Gray said he would like additional time on this item. Council Member Ray said it would be fine to put a discussion item on the next Agenda and an action item on the following Agenda. Mayor Manning requested a discussion and action item on hiring a city attorney. 16. Consider and approve future events for City Council and/or City Staff pursuant to Resolution 2004-081. There were none. 17. Referrals. Ross Moore - requested a change in zoning from an Agricultural District to a Commercial District - 1.796 Acres, 3755 FM 195. 18. Adjournment. There being no further business, the meeting was adjourned at 6:35 p.m. RICHARD MANNING, MAYOR JANICE ELLIS, CITY CLERK