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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. r" Regular City Council Meeting June 12,2006 Page 2 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. Regular City Council Meeting June 12,2006 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. Regular City Council Meeting June 12,2006 Page 4 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. r"" Regular City Council Meeting June 12,2006 Page 5 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. Regular City Council Meeting June 12, 2006 Page 6 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 ,...... Regular City Council Meeting June 12, 2006 Page 7 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 Regular City Council Meeting June 12,2006 Page 8 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. 1"" Regular City Council Meeting June 12, 2006 Page 9 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 Regular City Council Meeting June 12, 2006 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 ru Regular City Council Meeting June 12, 2006 Page 11 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; r-- Regular City Council Meeting June 12,2006 Page 12 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. Regular City Council Meeting June 12,2006 Page 13 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 roo