03 City Council Mtg Min 6-12-06
REGULAR MEETING
OF THE CITY COUNCIL, CITY OF PARIS
June 12, 2006
The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday,
June 12,2006, at the City Council Chamber, 107 E. Kaufman, Paris, Texas.
Present:
Mayor:
Richard Manning
Council Members: Tim Ray; Curtis Fendley; Mary Ann
Fisher, Mayor Pro Tern; Kevin Gray; Jesse
James Freelen, and Don Wilson
City Staff:
Tony N. Williams, City Manager; John
Lestock, Assistant City Attorney; and
Janice Ellis, City Clerk
1. Mayor Manning called the meeting to order.
Don Harrison gave the invocation.
Mayor Manning stated that there were a number of citizens who wished to speak
under the citizens forum; therefore, he moved to item number 12.
Council Member Fendley made a motion to move item numbers 9 and 10 up on the
Agenda. Jesse James Free1en seconded the motion. Motion carried - 7 ayes, 0 nays.
12. Citizens Forum
Barbara "Bee" Garmon - 424 N.E. 17th, spoke in support of the direction the city is
going under the direction of Tony Williams.
Paul Gene Roden - 525 S.E. 3 pt Street, spoke in support of Tony Williams.
Keith Bollman - 3405 Abby Lane, asked Council to reconsider their position with
regard to Tony Williams and Gary Vest.
Philip Cecil - 3120 Clark Lane, spoke in support of Tony. He further stated that
Tony had to make difficult decisions, he made them and that he deserves the support
of Council.
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Jim Bell- 720 S.E. 39th, spoke in support of Tony and urged Council to pull together
to keep Paris on the right track.
Jo Ann Parkman - 735 Wilburn Drive, spoke in support of Tony Williams, the City
Council and the Mayor.
Glenda Griffith - 340-l7th S.W., spoke in opposition of what was going on in the
City. She stated she and her husband worked under Tony at Gladewater and city
services were not good there.
Maralene Rose - 2710 W. Brame, said she was not interested in a tax cut by cutting
city services. She stated that the fire department, police department, parks and
maintenance crews needed to be restored.
Pike Burkhart - 525 Church Street, 524 S. Church, said firing Tony was not the
answer and that Council needed to get together and work it out.
Vic Ressler - 4020 Holbrook, spoke in support of keeping Tony. He said that Tony
was hired to do a job and he has done a remarkable job.
John House - 1035 S.E.-3lst, spoke in support of Tony.
Pam Anglin - 1928 N.E. 38th, she said she found Tony to be a professional and
competent manager. She asked that City Council work together for the betterment of
Paris.
Donald Wall - 4125 Holbrook, he stated that Tony had done an excellent job and
asked that Council give both Gary Vest and Tony Williams a chance to do their job.
Brady Fisher - 3870 Lamar, spoke in support of Tony in continuing in his role as City
Manager.
Linda Vandiver - 540 N .E. 21 5t Street, urged Council to vote for what is best for Paris.
Billy Bell - 2054 Cleveland, stated that the streets were in bad shape and that Council
needed to get Paris back on track.
Bill Strathern - 4905 Trails End, spoke in support of Tony Williams and the
outstanding job he has done in the last eighteen months.
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Page 3
Johnny Scoggins - 2515 Ballard, stated that Tony had done a wonderful job.
Matt Ptacek - 3030 Meandering Way, spoke on behalf of the leadership team at
Kimberly Clark, in support of Tony Williams.
Chris Fitzgerald - 525-26th S.E. Street, said that he agrees with everything Tony
Williams is doing and acknowledged his accomplishments.
Bob Bush - lives in the county but owns property at 2321 Hubbard, spoke in support
of Tony.
Michael Leddy - 4120 Alpine, expressed concern about an anti-business, anti-
establishment attitude of the Council. The working man needs to have a job and
businesses need incentives to expand. He further stated that the Paris Economic
Development Corporation was doing a good job. He reiterated that Tony Williams
came to Paris at a difficult time and had to make difficult decisions. He summarized
that Tony had rescued the City from the brink of disaster.
John Scharfe - 5111 FM 905, stated that Council needs to address issues as a unit and
asked Council to support Tony in his job.
A.W. Clem - 2980 Hubbard, expressed his concern about starting the budget process
without a manager. He further emphasized that Tony was capable and competent with
regard to the budget process.
Jim Lassister - 725 42nd S.E., spoke in support of Tony Williams and asked Council
to continue the direction under Tony's management.
William Conder - 1870 E. Polk, stated that the City needs to change directions.
Gary Nash - 645 Johnson Woods, he said that Tony had brought the City into a better
financial condition.
Virginia Allen - 1240 22nd N.E., spoke in opposition of Tony Williams.
Rodney Bass - 1820 N. Collegiate, spoke in support of Tony Williams and encouraged
Council to give him a chance to work with them.
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Council recessed at 6:46 p.m. and reconvened at 6:55 p.m.
Kenneth Wible - 2220 Cleveland, spoke in support of Tony.
Mike Folmar - 433 W. Washington, stated that Tony brought the City back from a bad
predicament and that they should keep him.
Casey Rose - 354 W. Washington, spoke in support of Tony and asked for Council
to vote for what is best for the City of Paris. He said there were a lot of wonderful of
things going on in the City, such as a generation of young people moving back to
Paris to make their homes, lofts being built over businesses, a Main Street Project, and
a Historical Commission. Casey said that Tony had been a great support and asked
Council to keep Tony.
Louise Taylor - 3605 Darnell, spoke in support of Tony and urged Council to do what
was in the best interest of Paris for the long term. She stated that Tony had helped the
City in a short period of time and asked Council to retain Tony as city manager.
Linda Kilgore - 435-42nd S.B., asked Council to consider working together. She
stated that Paris was on the brink of it's greatest days.
Christie Wendell, 4142 Primrose Lane - spoke on behalf of We Build, Harrison,
Walker and Harper, We Pack Logistics, We Stow, and Chisum Site and Steel. She
reiterated that the management team was on the right track and urged Council to do
what was in the best interest of the citizens of Paris.
Bobby Stillwell- 2255 W. Austin, stated that he thought the water deposit was too
high.
Ray Banks - 3450 Robin Road, he said that some of the speakers tonight are the ones
that caused the financial problems.
David Eisele - 3084 Pride Circle, stated that we have to have a strong city to keep it
gomg.
Charles Hill - 4010 Brandyn Place, he said that Tony was one of the best city
managers he had worked with and asked Council to keep him.
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John Holmes - 520 Deshong, he reminded Council to remember what they told the
voters.
9. Discussion and possible action regarding future status of the City Manager.
Mayor Manning informed Council that Tony Williams had relayed to him that he was
planning to resign, because he did not think that he could work with this City Council. Mayor
Manning stated that he was shocked, as he said the Council had not planned on this action.
Mayor Manning said a couple of days after his conversation with Tony's, that Tony told him
that he had changed his mind. Mayor Manning asked for Council Member Ray's input, since
he had requested the agenda item.
Council Member Ray said this was not a vendetta. He acknowledged that the majority
of the people speaking at the Council meeting were in support of Tony Williams.
Council Member Ray made a motion to table this item and Council Member Fisher
seconded the motion.
Council Member Free1en asked for a time frame with regard to making a decision on
this item. Council Member Ray said he would leave that up to someone else. Council
Member Fisher asked Tony if he was willing to stay in Paris and work with the Council.
Tony answered in the affirmative.
Tony addressed the Council. He affirmed what the Mayor had said, but went on to
say said that he was bothered by Council Member Ray telling city employees that he was
going to get them a new boss. Tony stated that undermined his ability to manage. Council
Member Fendley told Council that Tony indicated his willingness to work with Council and
that they should make a decision on this item. Council Member Gray wanted to know why
Tony did not report to the Paris News that he had gone by Tony's office and expressed a
willingness to work with him.
Mayor Manning asked for a vote on the motion to table. Motion carried, 4 ayes - 3
nays, with Council Member Fendley, Council Member Free1en and Council Member Wilson
casting the dissenting votes.
10. Possible action regarding designation of an interim City Manager.
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Mayor Manning advised there was no action to be taken, as they had a city manager.
Mayor Manning moved to Item 2 of the Agenda.
2. Receipt of report from the Planning & Zoning Commission.
A&B. ORDINANCE NO. 2006-024: AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF P ARIS, 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 A 1.796 ACRE TRACT
IN WESLEY ASKINS SURVEY #7, REQUESTED BY ROSS MOORE, AGENT
FOR PAUL DARNELL, OWNER, SO AS TO INCLUDE THEREIN TERRITORY
FORMERL Y DESIGNATED AS AN AGRICULTURAL DISTRICT (A);
DESIGNA TED 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.
Mayor Manning opened the public hearing and asked for anyone speaking in favor of
this item to do so. Ross Moore spoke in support of this item. Mayor Manning asked for
anyone speaking against this item to do so. With no one else speaking, Mayor Manning
closed the public hearing.
Subject to the Engineer's recommendations, a Motion to approve this item was made
by Council Member Fisher and seconded by Council Member Freelen. Motion carried, 7
ayes - 0 nays.
C. Consideration of and action on the Final Plat of Prospera Place, being number 3205
Loop 286 N.E.
Based on the Engineer's recommendations, a Motion to deny this item was made by
Council Member Fendley and seconded by Council Member Wilson. Motion carried, 7 ayes
- 0 nays.
D. Consideration of and action on the Preliminary Plat for West Cherry Place, being
number 505 3rd N.W.
Council Member Wilson expressed concern about building too close to the boundary
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line and the division of the lot. Mayor Manning also expressed concern about the lot being
large enough to divide into three lots.
A Motion to deny this item was made by Council Member Ray and seconded by
Council Member Wilson. Motion carried, 7 ayes - 0 nays.
E. Consideration of and action on the Preliminary Plat for Meadow Park Addition Phase
IV, being located in the 4400 Block of Bonham Street.
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, 7 ayes -
o nays.
F. Consideration of and action on the Master Plat for Meadow Park Addition, being
located in the 4400 Block of Bonham Street.
Subject to the Engineer's recommendations, a Motion to approve this item was made
by Council Member Fendley and seconded by Council Member Fisher. Motion carried, 7
ayes - 0 nays.
Council Member Ray asked if the Engineer Department could provide additional
information on these item in the future. Mayor Manning inquired if the Engineer Department
also could provide larger maps. Shawn Napier advised that could be done.
G. Consideration of and action on Lots 1,2, and 3, Block A, Final Plat of Meadow Park
Business Addition, Phase One, being located in the 4100 Block of Bonham Street.
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, 7 ayes -
o nays.
H. Consideration of and action on the Final Plat on Lot I-A, Spur 139 Business Park,
being number 2490 Spur 139.
Subject to the Engineer's recommendations, a Motion to approve this item was made
by Council Member Wilson and seconded by Council Member Freelen. Motion carried, 7
ayes - 0 nays.
I. Consideration of and action on the Preliminary Plat on Lot 5-B, Spur 139 Business
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Park, being number 1775 FM 195.
Subject to the Engineer's recommendations, a Motion to approve this item was made
by Council Member Fisher and seconded by Council Member Fendley. Motion carried, 7
ayes - 0 nays.
CONSENT AGENDA
Mayor Manning 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 Fendley and a second by Council Member
Gray, the Council voted seven (7) for and none (0) opposed to approve and adopt the Consent
Agenda, Items 3, 4, 4A, 4B, 4C, 5, and 5A as follows:
3. Approval of minutes from previous City Council meetings. (5-22-2006)
4. Receipt of reports and/or minutes from committees, boards, and commissions:
A. Paris/Lamar County Board of Health. (5-16-2006)
B. Historic Preservation Commission. (5-22-2006)
C. Main Street Advisory Board. (3-15-2006; 4-10-2006; 5-17-2006)
5. Consideration of and action on the following resolutions:
A. RESOLUTION NO. 2006-080: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING MEMBERS TO
THE PLANNING AND ZONING COMMISSION OF THE CITY OF PARIS,
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE.
6. Consideration of and action on the following ordinances:
A. FIRST OF TWO READINGS: AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PARIS, TEXAS, PURSUANT TO SECTION 7 OF THE
CITY CHARTER AND SECTION 43.142 OF THE LOCAL GOVERNMENT
CODE, DISANNEXING AN 825.08 ACRE TRACT OF LAND ON U.S.
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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; MAKING A FINDING
WITH REGARD TO POTENTIAL REFUNDS OF PROPERTY TAXES TO
DISANNEXED LANDOWNERS; 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 Wilson and seconded
by Council Member Fendley. Motion carried, 7 ayes - 0 nays.
B. FIRST OF TWO READINGS: AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PARIS, TEXAS, PURSUANT TO SECTION 7 OF THE
CITY CHARTER AND SECTION 43.142 OF THE LOCAL GOVERNMENT
CODE, DISANNEXING A 116.41 ACRE TRACT OF LAND AT STATE
HWY 19/24 FORMING A PORTION OF THE CURRENT OUTER
BOUNDARIES OF THE CITY LIMITS OF THE CITY OF PARIS;
MAKING A FINDING WITH REGARD TO POTENTIAL REFUNDS OF
PROPERTY TAXES TO DISANNEXED LANDOWNERS; 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.
C. ORDINANCE NO. 2006-025: AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PARIS, TEXAS, DENYING THE REQUEST OF A TMOS ENERGY
CORP., MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY
INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS
MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWIDE GAS
UTILITY DISTRIBUTION SYSTEM; APPROVING COOPERATION WITH
OTHER CITIES WITHIN THE ATMOS ENERGY CORP., MID-TEX DIVISION
DISTRIBUTION SYSTEM AS PART OF THE ATMOS CITIES STEERING
COMMITTEE (ACSC); AUTHORIZING ACSC TO HIRE LEGAL AND
CONSUL TING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND
DIRECT ANY NECESSARY LITIGATION; AUTHORIZING INTERVENTION
AS PART OF ACSC IN ANY APPEAL OF THE CITY'S ACTION TO THE
RAILROAD COMMISSION; PROVIDING A REQUIREMENT FOR A PROMPT
REIMBURSEMENT OF COSTS INCURRED BY THE CITY; FINDING THAT
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Page 10
THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE
PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS
ORDINANCE TO ATMOS ENERGY CORP., MID-TEX DIVISION; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING FOR AN EFFECTIVE DATE.
Gene Anderson eXplained that the consultants reported that the rate increase was not
justified. In addition to the recommendation of denying the rate increase, the consultants
recommended they seek a rate decrease.
A Motion to approve this item was made by Council Member Freelen and seconded
by Council Member Fisher. Motion carried, 7 ayes - 0 nays.
7. Consideration of and action on the following resolutions:
A. RESOLUTION NO. 2006-081: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PARIS, PARIS, TEXAS, DENYING A TMOS ENERGY
CORP., MID- TEX DIVISION'S STATEMENT OF INTENT TO INCREASE
THE GAS UTILITY RATES IN THIS MUNICIPALITY; SUPPORTING
THE REDUCTION OF EXISTING NATURAL GAS DISTRIBUTION
RATES CURRENTLY CHARGED BY A TMOS MID- TEX WITHIN THE
CITY; ORDERING A TMOS MID- TEX TO REIMBURSE THE CITY FOR
ITS REASONABLE COSTS INCURRED IN RA TE-MAKING
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 FINDING THAT THE MEETING AT WHICH THIS
RESOLUTION IS ADOPTED IS OPEN TO THE PUBLIC AS REQUIRED
BY LAW.
A Motion to approve this item was made by Council Member Wilson and seconded
by Council Member Fendley. Motion carried, 7 ayes - 0 nays.
B. RESOLUTION NO. 2006-082: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND
AUTHORIZING THE EXECUTION OF A RENEWAL LEASE
AGREEMENT WITH LOYD BARROW AND SYBIL BARROW
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CONSISTING OF APPROXIMATELY 170 ACRES WHICH MAY BE
EXPANDED NOT TO EXCEED A TOTAL OF 430 ACRES LOCATED
APPROXIMA TEL Y 7 MILES NORTHEAST OF THE CITY OF PARIS TO
BE USED FOR LAND APPLICATION OF SEWAGE SLUDGE; 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 Freelen and seconded
by Council Member Fendley. Motion carried, 7 ayes - 0 nays.
C. RESOLUTION NO. 2006-083: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND
AUTHORIZING THE EXECUTION OF A ONE (1) YEAR HAY LEASE
AGREEMENT WITH AN OPTION TO EXTEND FOR TWO (2)
ADDITIONAL YEARS, WITH LOYD BARROW AND SYBIL BARROW
ON CITY OF PARIS PROPERTY KNOWN AS TRACT 1 AND TRACT 2
OF THE WATER TREATMENT LAND APPLICATION SITE
CONSISTING OF 205.04 ACRES; 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 Gray. Motion carried, 7 ayes - 0 nays.
D. RESOLUTION NO. 2006-084: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING THE GROUNDS
SUBLEASE BETWEEN THE RED RIVER VALLEY FAIR ASSOCIATION
AND THE HOPEWELL VOLUNTEER FIRE DEPARTMENT; 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 Freelen and seconded
by Council Member Wilson. Motion carried, 7 ayes - 0 nays.
E. RESOLUTION NO. 2006-085: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING THE GROUNDS
SUBLEASE BETWEEN THE RED RIVER VALLEY FAIR ASSOCIATION
AND THE AMERICAN LEGION POST #199 OF DEPORT, TEXAS;
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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 Wilson and seconded
by Council Member Free1en. Motion carried, 7 ayes - 0 nays.
8. Discussion ofPEDC's donation toward the US 82 Westbound Deceleration Lane at
Campbell Soup.
Shawn Napier reported to City Council that he had spoken with Bobby Littlefield of
TxDOT, as well as Gary Vest. Shawn advised Council that without the donation from
PEDC, the project would continue to be pushed back. Council Member Ray disagreed with
subsidizing the State, because citizens already pay taxes for highways. Tony Williams
commented that having the lane was a safety issue for employees at Campbell Soup.
11. Discussion of and possible action on a resolution requesting the PEDC Board to
employ staff who will be more willing to work with the Paris City Council.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS, RECOMMENDING THAT THE PARIS ECONOMIC DEVELOPMENT
CORPORA TION BOARD OF DIRECTORS CONSIDER A CHANGE IN STAFF
FOR THE PARIS ECONOMIC DEVELOPMENT CORPORATION; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
Council Member Ray referred to the citizens forum and made a motion to table this
item.
Council Member Wilson expressed they should discuss the item. He further stated
that this action was not an area of responsibility of Council, but that Council could replace
board members as their terms expired. Council Member Fendley agreed with Council
Member Wilson.
Mayor Manning asked if there was a second on the motion to table. The motion died
for lack of a second.
A Motion to deny this item was made by Council Member Fendley and seconded by
Council Member Ray. Motion carried, 7 ayes - 0 nays.
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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 8:10 p.m.
RICHARD MANNING, MAYOR
JANICE ELLIS, CITY CLERK
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