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06 City Council Mtg Min 12-11-06 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS December 11, 2006 The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, December 11, 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 F reelen; 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. Reverend Aaron Jenkins gave the invocation. 2. Pledge of Allegiance. Council Member Ray led the pledge. 3. Receipt of report from the Planning & Zoning Commission. A&B. ORDINANCE NO.: 2006-044: 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 COMMERCIAL DISTRICT @ ) ON 53.624 ACRES WHICH ARE A PART OF THE JOSHUA MOORE SURVEY A57I, THE JOSEPH LEECH SURVEY A524, AND THE lW. WILLIAMS SURVEY AlDOl, ON PROPERTY BELONGING TO BARNEY BRAY, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); DESIGNATING 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. Brad Hutchison, attorney for Barney Bray, 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. Regular City Council Meeting December 11, 2006 Page 2 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&D. 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 ONE-FAMILY DWELLING DISTRICT NO. 3(SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME ON LOT 13-F, CITY BLOCK 324 (10.01 ACRES), REQUESTED BY SHIRLEY POSEY, WITH CONTRACT TO BUY, SO AS TO INCLUDE THEREIN TERRITORY FORMERL Y DESIGNA TED AS AN AGRICUL TURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE ONE-FAMIL Y DWELLING DISTRICT NO. 3(SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME 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. No one spoke in support of this item. Mayor Manning asked for anyone speaking against this item to do so. Dee Houston and Gloria Pirtle both spoke in opposition of this item. Both expressed a concern for decrease in value of their properties if the zoning change was approved. With no one else speaking, Mayor Manning closed the public hearing. A Motion to deny this item was made by Council Member Fisher and seconded by Council Member Wilson. 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 Fisher, the Council voted seven (7) for and none (0) opposed to approve and adopt the Consent Agenda, Items 4, 5A, 5B, 5C, 6A, 6B, 6C, 6D, 6E, 6F, and 6G as follows: 4. Approval of minutes from previous City Council meetings. (11/20/06; 11/27/06) 5. Receipt of reports and/or minutes from committees, boards, and commissions: A. Charter Study Committee, Paris, Texas. (11-27-06) Regular City Council Meeting December 11, 2006 Page 3 B. Historic Preservation Commission. (11-13-06; 11-30-06) C. Paris Economic Development Corporation. (11-15-06) 6. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2006-146: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING MEMBERS TO THE AIRPORT ADVISORY BOARD; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. B. RESOLUTION NO. 2006-147: A RESOL UTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT OF THE CITY OF PARIS, MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE. C. RESOLUTION NO. 2006-148: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, CONFIRMING THE REAPPOINTMENT OF SIMS NORMENT AS A MEMBER OF THE FIRE FIGHTERS' AND POLICE OFFICERS' CIVIL SERVICE COMMISSION OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. D. RESOLUTION NO. 2006-149: A RESOLUTION OF THE CITY COUNCIL FO THE CITY OF PARIS, PARIS, TEXAS, APPOINTING MEMBERS TO THE TRAFFIC COMMISSION OF THE CITY OF PARIS, MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. E. RESOLUTION NO. 2006-150: 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. F. RESOLUTION NO. 2006-151: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, REAPPOINTING MARY ANN FISHER AS A MEMBER OF THE VISITORS AND CONVENTION COUNCIL OF THE CHAMBER OF COMMERCE OF LAMAR COUNTY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Regular City Council Meeting December 11, 2006 Page 4 G. RESOLUTION NO. 2006-152: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, REAPPOINTING MARY ANN FISHER AS A MEMBER OF THE VISITORS AND CONVENTION COUNCIL WORK PROGRAM AND BUDGET APPROVAL COMMITTEE OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mayor Manning said ifthere were no objections, he wanted to move to item number 9. Council Member Fendley asked for consideration of moving number 12 up too. He stated he thought the citizens were there for numbers 9 and 12. Council Member Fendley made a motion to move numbers 9 and 12 up and Council Member Freelen seconded the Motion. Motion failed, 3 ayes - 4 nays, with Council Member Ray, Council Member Fisher, Mayor Manning and Council Member Gray casting the dissenting votes. Council Member Wilson made a motion to move number 9 up and Council Member Fendley seconded the Motion. Motion carried, 7 ayes - 0 nays. Mayor Manning moved to number 9. 9. Citizens Forum. Linda Ray, 3720 Leigh Drive - asked that there be reserved seats for handicapped persons. Andrew Knizley, Paris Regional Medical Center, 820 Clarksville Street - stated he was representing industrial managers in the community. He stated that Tony Williams had been running the City like a business, he had done a good job and they were in support of Tony Williams. He also stated they were supporting City Council and employees. He asked Council to consider giving Tony Williams an additional year as City Manager. Charles Lynch, Plant Manager for Kimberly Clark, 2040 Silverleaf - spoke of his support and admiration for Tony Williams. He stated that he and Tony had disagreements, but he thought that Tony was a man of integrity. He also stated he had a tremendous amount of respect for Tony. Philip Cecil, 3120 Clark Lane - stated he was representing a group of bankers, whose signatures were affixed to a statement. The bankers commended leadership provided by Council that allowed the City to move forward. They also stated they fully supported Tony Williams and the job he was doing as City Manager. They believe Mr. Williams is a competent and capable manager who has taken the necessary steps to return Paris to financial viability. Regular City Council Meeting December 11, 2006 Page 5 They asked Council to set aside personal differences and any proposition that would terminate Mr. Williams' employment with the City of Paris. The Statement was signed by Terry Christian, President of Peoples Bank; Richard Amos, President of First Federal Community Bank; Michael Rhodes, President of Lamar National Bank; Tanis Yeager, Branch President of Guaranty Bond State Bank; Rodney Bass, City President of Capital One National Association; Lisa Spann of Banking Center Manager, Bank of America; Carl Cecil, President of Liberty National Bank; and Philip Cecil, Chairman of Liberty National Bank. Dave Johnson, 208-21 st S.E. - spoke in opposition of an Ordinance limiting the number of pets. He asked Council to reconsider, and stated that the situation that caused the Ordinance to be drafted had been solved. Charles Richards, 3820 Castlegate - stated that for two years he was the reporter that covered the City. Tony was always straightforward and made himself available. He told Council he hopes they keep Tony. Ken Kohls, 3935 Brandyn Place - urged Council to work through personal feelings. He stated that the city was cleaner and there were more activities in Paris. He asked Council to keep Tony Williams. Liberty Swim - She stated that she, as well as her sons owned businesses in Paris and that she had seen a lot of growth. She asked Council to keep Tony Williams. Marva Joe, 1610-1 7th N .E. - spoke about infrastructure. She stated there had been five water breaks on her street during the summer. She said there was water running down the street this past weekend from a leak and there was a water shortage. She said the fire department was understaffed and that the City should keep a full staff on the police and fire departments. Jackie Alsobrook, 4135 Misty Lane - she stated that she did not believe the City was in financial trouble. She further stated that city services were cut based on false information. Louise Hagood, 556 Fitzhugh - spoke in support of Tony Williams. She stated that she did not live in far East Paris, but near the center of town. She told Council they were elected from a district, but their work was for the entire city. She urged Council to prove they could work together with the City Manager and push forward on progress already made during his tenure. Susan Swint, 2510 Stillhouse Road - spoke in support of joining the Texas Cities Clean Air Coalition. She said the community is currently affected by the emissions from the plants. Sharon Nabors, 1822 E. Polk - encouraged the Council to join the Texas Cities Clean Air Coalition. She stated there had been a leak on the loop since April and asked that it be Regular City Council Meeting December 11,2006 Page 6 taken care of. She asked Council to follow through with getting the rest of the water rights to Pat Mayse. Dr. Bert Strom, 4025 Holbrook - spoke on behalf of the medical community in support of Tony Williams. Dr. Richard Bercher, 1040-31 st S.E. - spoke on behalf of the medical community in support of Tony Williams. He stated that Mr. Williams was a qualified, experienced city manager who possessed the knowledge to help Council make balanced and fair decisions for the citizens of Paris. He encouraged Council to do what was best for the citizens and encouraged them to work with Tony Williams. Jerry Bawcum, 60 Greenwood Lane - spoke on behalf of a large group of small business owners. He stated that he had confidence in how the City had been managed under Tony Williams' tenure as City Manager. He outlined accomplishments under Tony's tenure as being property tax reductions, employee morale improvement and a complete transformation of the city's financial condition. Dr. Robert Moseley, 3915 Shannon Street - spoke against the coal power plants and cited medical reasons. Ray Banks, 3450 Robin Road - he stated Mr. Williams was given credit for programs that were already in the planning stages before he was hired. He complained that Mr. Williams did not go to Council for guidance prior to trying to close the two fire stations. Walt Brown, 354 W. Washington - stated he, his brother and mother had businesses in Paris. He said downtown Paris is having a renaissance and he does not believe that would be taking place, had it not been for Mr. Williams exemplary service as city manager. He asked Council to have the courage to keep Mr. Williams. James Allcorn, 870 S.E.-41st - he stated the issue wasn't Tony Williams, but the issue was the Council. He stated that Mr. Williams inherited a mess and that he had gotten finances back in line. Lynette O'Brien, 3195 Ridgeview - she stated that she supported Tony Williams, that he was doing a good job and that they needed to keep him. Ben Vaughn, 1225 20th S.E. - stated he was very much impressed with the job Tony Williams had done, with the changes he had made in Paris, and his management decisions. Jim Brunette, 350 S.E. 31 st - he told Council that until they trust each other, they will not be able to work for the betterment ofthe City. He advocated for the city manager to have a two Regular City Council Meeting December 11, 2006 Page 7 year contract. Dane Lair, 3055 Aspen Drive - he asked Council to consider the question "Will Paris be better with or without Tony Williams as City Manager"? Linda Kilgore, 435 42nd S.E. - stated that the City had come so far and had been through so much. It took everyone on the City Council to get the City where it is. She asked, "Why mess with success"? Will Biard, 436 Church Street - he asked each of the Council Members to stand behind Tony Williams, because the community was at the meeting and standing united for Tony Williams. Ann Norment, 805 42nd S.B. - spoke in support of Tony Williams. She stated that over eighty dilapidated buildings had been taken down over the last year under his direction. She asked that Council reconsider the Motion made by Council Member Fendley to move number 12 up. Linda Ray, 3720 Leigh Drive - she stated that people had been calling her house in favor of and against getting rid of Tony Williams. She further stated that twenty-five were in favor of getting rid of Mr. Williams and three were against it. Casey Rose, 354 W. Washington - he stated that he served as Chairman of the Main Street Advisory Board and they were excited about what was going on in downtown Paris. He further stated that Paris almost lost it's downtown. He said Tony Williams worked well with the Board and had been progressive. He asked that the Council support the City Manager. Everett Furth, 600 6th N. W. - he stated that West Paris was going down beginning on 7th N. W. He stated it did not look good around Williams Park, because the Projects made it look like a war zone. He asked Council to look at it, to see what needed to be done to make the City look beautiful. William Conder, 1870 E. Polk - he said the majority of the people speaking at the meeting were not blue collar workers, but the blue collars made up the majority of the town. He referenced the trash privatization election results, as well as the election results for the May 2006 election. He further said the people at the meeting were not representatives of the entire city. 7. Consideration of and action on the following ordinances: A. ORDINANCE NO. 2006-045: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THA T THE CODE OF Regular City Council Meeting December 11, 2006 Page 8 ORDINANCES OF THE CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY REVISING SECTION 5-2, RUNNING AT LARGE, OF SAID CODE; PROVIDING FOR THE RESTRICTION OF DOGS WALKING ON DESIGNATED WALKING TRACKS AND OTHER PUBLIC PLACES IN THE CITY OF PARIS; PROVIDING FOR A PENALTY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Council Member Wilson said he would prefer to have at least one walking track on which people can walk their dogs. He suggested the Trails to Paris, because it was a wider track. Chief Louis recommended the Paris Jr. College walking track, because it was wide open and not as confining. Mayor Manning said they could study which track would be best. Council Member Fendley inquired about tabling the item. Chief Louis said it would helpful if they could go ahead and make a decision on this item. Subject to a provision being added to designate the Paris Jr. College walking track as a track in which owners can walk their dogs, a Motion to approve this item was made by Council Member Fendley and seconded by Council Member Free1en. Motion carried, 6 ayes _ 1 nay, with Council Member Wilson casting the dissenting vote. B. ORDINANCE NO. 2006-046: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING TRA T THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY ADDING SECTION 5-20 TO CHAPTER 5, ANIMALS AND FOWLS, PROVIDING FOR A LIMITATION ON THE NUMBER OF DOGS AND/OR CATS PER HOUSEHOLD WITHIN THE CITY LIMITS OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR A PENALTY; REPEALING ALL ORDINANCES ORP ARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Free1en and seconded by Council Member Wilson. Motion carried, 6 ayes - 1 nay, with Council Member Ray casting the dissenting vote. C. ORDINANCE NO. 2006-047: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THA T THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY ADDING A NEW ARTICLE III CHAPTER 19 OF SAID CODE ENTITLED METALS AND METAL DEALERS, BEING 19-30 THROUGH 19-35; REGULATING THE SALE OF SECONDHAND METAL; PROVIDING FOR A PENALTY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND Regular City Council Meeting December 11, 2006 Page 9 DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Freelen and seconded by Council Member Ray. Motion carried, 7 ayes - 0 nays. D. DISANNEXING A TRACT OF LAND IN THE AREA OF FM 905 NOT CONTIGUOUS WITH THE CURRENT OUTER BOUNDARIES OF THE CITY LIMITS OF THE CITY OF PARIS IN RESPONSE TO A PETITION FOR SUCH DISANNEXA TION. Council Member Wilson acknowledged the report they received in which the wrong police agency was dispatched and inquired of Tony as to what happened. Tony explained that it was an error by the dispatcher and that it should have been routed to the Paris Police Department. Mayor Manning asked Chief Louis if it had been corrected and Chief Louis answered in the affirmative. Council Member Wilson said there is an area that does not have fire coverage and asked if the City had fire hydrants available that could be installed. He also wanted to know how much it would cost. Tony told Council he thought they should approach Marvin Jennings about allowing the city to install fire hydrants on their lines. Tony estimated three or four hydrants would be needed, at the cost of $1,500.00 per fire hydrant. Council Member Wilson said if they were going to keep them in the city limits, they needed to give them service. Council Member Fendley asked if the petition was acceptable. Tony Williams informed Council it did not meet the requirements, because it was not contiguous to the boundary of the City. Mayor Manning asked Shawn Napier to get with Carolyn Whelchel to determine what information was needed by the City and bring it back to Council. Council Member Wilson asked for information reflecting the amount of money it would cost the City to disannex the property. He also asked for the difference between an average cost of the fire insurance rate on each house and the difference that would be offset in the taxes. Council Member Fendley recommended creating a policy to follow with regard to disannexations. Mayor Manning concurred. A Motion to table this item was made by Council Member Wilson and seconded by Council Member Gray. Motion carried, 7 ayes - 0 nays. A Motion to move item number 12 up was made by Council Member Wilson and seconded by Council Member Gray. Motion failed, 4 ayes - 3 nays, with Council Member Ray, Council Member Fisher, Mayor Manning and Council Member Gray casting the dissenting votes. Mayor Manning called for a break at 7 :50 p.m. and reconvened the Council at 8:00 p.m. 8. Consideration of and action on the following resolutions: Regular City Council Meeting December II, 2006 Page 10 A. RESOLUTION NO. 2006-153: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE EXECUTION OF A MUNICIPAL LEASE AGREEMENT FOR THE PURCHASE OF VARIOUS ITEMS OF EQUIPMENT FOR SEVERAL CITY OF PARIS DEPARTMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Council Member Wilson inquired if the City had leased in the past. Gene Anderson answered in the affirmative. He explained that an agreement had been worked out with Liberty National Bank in principal instead of doing a bunch of individual lease purchases with various financial groups. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. Council Member Gray returned to the meeting at 8:02 p.m. B. RESOLUTION NO. 2006-154: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, DECLARING SUPPORT FOR THE ESTABLISHMENT OF THE NORTHEAST TEXAS REGIONAL MOBILITY AUTHORITY; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Don Wall said that the Legislature has made available alternative methods of financing road construction and had authorized the formation of Northeast Texas Regional Mobility Authority. It would comprise of Lamar County, Delta County, Hunt County and Hopkins County. If it is approved by each county and city, the Board would be formed. Each county would have two members and the principal city of each county would have one member with the exception of Hunt County, which has elected Commerce to appoint a member. Mayor Manning stated he was convinced this is the only way Paris could get a lot of road funds for the communities in Northeast Texas. A Motion to approve this item was made by Council Member Fendley and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. C. RESOLUTION NO. 2006-155: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING ACCEPTANCE OF A GRANT FROM THE ANICE READ FUND OF THE COMMUNITIES FOUNDATION OF TEXAS (CFT), TEXAS DOWNTOWN ASSOCIA TION (TDA), TO FUND LIGHTING AROUND CULBERTSON FOUNTAIN; APPROVING AND Regular City Council Meeting December 11, 2006 Page 11 AUTHORIZING GRANT AGREEMENTS INCIDENT TO THE RECEIPT OF SAID FUNDS; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS ASSOCIATED WITH THE RECEIPT OF SAID GRANTS; 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 Free1en and seconded by Council Member Wilson. Motion carried, 7 ayes - 0 nays. D. RESOLUTION NO. 2006-156: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING LEADERSHIP LAMAR COUNTY CLASS TO UNDERTAKE AN IMPROVEMENT PROJECT TO LEON WILLIAMS PARK; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Ken Rogers on behalf of the Lamar County Leadership Class, explained to Council the improvement project to Leon Williams Park. He stated they wanted to place a walking track and build a larger pavilion at the park. He stated they also wanted to place lighting in keys areas. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Free1en. Motion carried, 7 ayes - 0 nays. E. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS (THE "CITY"), APPROVING THE BYLA WS OF THE TEXAS CLEAN AIR CITIES COALITION (THE "COALITION"); ACCEPTING MEMBERSHIP IN SAID COALITION; APPOINTING A REPRESENTATIVE TO THE COALITION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Laura Fiffilk, representative of Texas Clean Air Coalition, gave a presentation to Council. Brad Jones, Vice-President of TXU; and Shawn Glackin, Vice-President of Environmental Policy for TXU, also gave a presentation to Council. After hearing the presentations, Council Member Wilson stated having the coal plants would make Paris more competitive. He stated that Dallas and Houston were asking Paris to support them, when in fact Dallas was causing Paris' problem. He further stated that the emissions in the vehicles in Dallas were much more greater than anything Paris would encounter in coal fire plants. Council Member Wilson said Paris' problem was that Dallas was using up Paris' emissions points. Regular City Council Meeting December 11, 2006 Page 12 A Motion to deny this item was made by Council Member Fendley and seconded by Council Member Freelen. Motion carried, 6 ayes - 1 nay, with Mayor Manning casting the dissenting vote. F. RESOLUTION NO. 2006-157: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING CHANGE ORDER NO. ONE & FINAL TO CONTRACT FOR THE CONSTRUCTION OF THE W ASTEW A TER SYSTEM IMPROVEMENTS FOR THE TEXAS DEPARTMENT OF TRANSPORTATION PINE MILL ROAD AND LOOP 286 NE GRADE SEP ARA TION PROJECT; 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 Freelen. Motion carried, 7 ayes - 0 nays. 10. Report on status of pay out for water rights at Pay Mayse Lake. Tony reported that Congress had adjourned without approving the Water Resource Development Act. He stated that it was in Paris' interest to start early and get their congressional representative to help them again and file for a reduction of what they would pay, if they continue to pay compounded interest. Council Member Wilson wanted to know how much money was in reserve to pay on it. Tony said the City set aside years ago about 2.3 million dollars to pay on this item. He also said there was money in unused water bonds set aside for purchase oflines from Lamar County Water Supply that they did not use. Tony said they had approximately 3.5 million dollars they could apply to this item. Council Member Wilson wanted to know if they could pay the 3.5 million now and pay it down. Council Member Wilson also wanted to know if Paris had all of the water rights. Tony said the City had all the water rights but had not payed for all of the rights. He said had 11 or 12 more years to finish paying for the contract. Tony said he could get a detailed presentation to Council in January with regard to what it would cost, should they make a lump sum payment and then begin making payments. 11. Report by Jon Clack, Director of Utilities, on the Drought Contingency Plan. Jon Clack reported that the lake level was at 67% and that we were still in Stage II of the Drought Contingency Plan. 12. Consider, discuss, and provide direction to City staff or consider possible action regarding annual evaluation of the City Manager and Municipal Court Judge. Council Member Freelen stated that Tony was put in a position that did not make everyone happy. He said that they should give him a chance. Council Member Fendley agreed Regular City Council Meeting December 11, 2006 Page 13 with Council Member Freelen and said there had been a lot of progress in the last two years. He said the issue pointed out was communication, that they should work with Tony and Tony should work with the Council Members that feel communication is an issue. Council Member Wilson said they need to give direction to correct the shortcomings. He stated the purpose of evaluations was to give directions and give a time frame for an employee to correct the problem. Tony told Council he wanted to do a good job and that he wanted to be better tomorrow than today. He informed Council he had checked with other cities to find out how they addressed communications. Tony said some City Managers send out written reports with the Agenda on the status of items Council had inquired about. He said he would like to start doing that. Tony said he was open to suggestions. Council Member Wilson thought that he should put everything in writing. Council Member Ray stated that communication was a problem a year ago and stated something should have been done about it a year ago. Mayor Manning agreed with Council Member Ray. Council Member Freelen said Tony was doing a goodjob. He further stated he would not want an employee who had to call his boss every time he had to do a job. He said they paid Tony do to run the City and they couldn't say he wasn't doing a good job. Council Member Ray said streets and sewers needed to be repaired. Council Member Wilson said that the City had not put money in infrastructure in years, because of financial problems. He further stated that the City was now in better financial shape. Mayor Manning said after going over the budget this year, they were able to add three more firefighters. He wanted to know where the money came from. Council Member Wilson said it was money that was going to go into reserves. Mayor Manning said that should have been brought out at the first budget meeting. Council Member Fendley said the money was in the budget from the beginning, but that it was in reserves. Council Member Ray made a Motion to terminate the City Manager at the end of the month - the last day of the month, and to make it a suspension effective at the end of the meeting. Council Member Gray seconded the Motion. Tony Williams asked for written charges and a public hearing as allowed under Section 22 of the Charter. Mayor Manning said there was a motion and a second on the floor. Council Member Wilson asked for discussion. Council Member Wilson said earlier in the year, Council Member Ray had an item on the Agenda that asked for appointment of an interim City Manager. He said he later learned that an employee of Public Works, Mr. Brunson, had been offered the City Manager job prior to that meeting. Council Member Fisher wanted to know who offered him the job. Council Member Wilson said one ofthe Council Members. Council Member Wilson asked the other Council Members if anyone offered Mr. Brunson a job or visited with him about it. Mayor Manning said he visited with Mr. Brunson, after Mr. Williams said he was resigning. Mayor Manning said he did not offer the job to Mr. Brunson, but discussed it with Regular City Council Meeting December 11,2006 Page 14 him. He said he also discussed the matter with the group Mr. Williams referred him to regarding finding an interim City Manager. Council Member Fisher said this started when Mr. Williams told her he was not willing to work with the new Council and the changeover. She further stated that Mr. Williams said to her that he worked well with Curtis Fendley as Mayor, and he didn't think he could work with Richard Manning. Council Member Fendley said that Tony recanted and they had visited that issue last summer. Council Member Wilson asked Mayor Manning how Tony had been to work with since June 5th. Mayor Manning said very difficult in communications except for the last month. Council Member Fendley asked in what regard. Mayor Manning said he wasn't filled in on everything that was going on in the City. Council Member Freelen wanted to know why Mr. Williams was going to resign. Mayor Manning said that Tony told him that he was going to resign, because he did not think he could work with him. Tony said it was because of what he was reading in the newspaper, in that the majority ofthe Council wanted to change in directions. He told Mayor Manning it wasn't so much that he couldn't work with him, as it was that Council wanted a change of direction. Council Member Freelen said they gave Mr. Williams an evaluation and they need to give him a chance to do the things they were asking him to do. Council Member Fendley said last year they went through the evaluation, but did not give Tony direction. Mayor Manning said they had a motion and second on the table. He said the motion was to terminate Mr. Williams at the end of the month and suspend him at the end of the evemng. The Motion carried - 4 ayes, 3 nays, with Council Member Fendley, Council Member Freelen and Council Member Wilson casting the dissenting votes. After discussion, Mayor Manning set a meeting for Thursday, December 28th at 6:00 p.m. to conduct the public hearing. Council Member Fendley asked that the public hearing take place at the Love Civic Center, because it accommodates more people. Council Member Freelen said it would be more fair to the citizens. Mayor Manning scheduled the meeting to take place at the Civic Center. Council Member Fendley stated they did not do anything on the Municipal Judge. Mayor Manning asked if there were any comments. Council Member Wilson said he couldn't evaluate the Judge, except on one item. He further stated that the Municipal Judge was on a two year term, so it wasn't appropriate to evaluate him at that time. 13. Consideration of and action on approving travel expense reimbursement request by Richard Manning. Mayor Manning said he asked for reimbursement of travel expenses for himself, the City Manager, and Council Member Wilson in accordance with Section 18 of the Charter. Regular City Council Meeting December 11, 2006 Page 15 Council Member Wilson said he didn't request reimbursement. Mayor Manning told Council Member Wilson he asked for it for him. Mayor Manning asked to recuse himself. Council Member Fendley made a Motion to recuse Mayor Manning and Council Member Ray seconded it. Motion carried - 6 ayes, 0 nays. Mayor Pro Tern Fisher said this item was for expenses incurred by the City Manager and the Council Members who attended the TML Convention. Council Member Wilson stated Council voted 7 - 0 not to fund any expenses for the City Council, and that he went knowing that he was not going to be reimbursed. He asked that his name be removed. Tony said that none of the staff s travel requests go to the Council, because it was budgeted. A Motion to deny this item was made by Council Member Freelen and seconded by Council Member Fendley. Motion carried, 4 ayes - 2 nays, with Mayor Pro Tern Fisher and Council Member Gray casting the dissenting votes. A Motion to return Mayor Manning to the meeting was made by Council Member Ray and seconded by Council Member Freelen. Motion carried, 6 ayes - 0 nays. 14. Possible future agenda items. None were referenced. 15. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. None were referenced. 16. Referrals. There were none. 17. Adjournment. There being no further business, the meeting was adjourned at 9:50 p.m. RICHARD MANNING, MA YOR