05-Approval of minutes from the meeting on May 23, 2011CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
06/02/2011
Council Date:
06/13/2011
Originating Department:
City Clerk
Presented By:
Janice Ellis
Agenda Item No.:
5.
RECOMMENDED MOTION:
Motion to approve as presented.
POLICY ISSUE(S):
Approval of Official Record of Council.
BACKGROUND:
Council Minutes from the meeting of May 23, 2011.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
The attached minutes from the meeting
ACTION:
BUDGET INFO:
❑ Financial Report ~ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation ❑ Ordinance
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
E Administration E City Clerk ❑ Community Development ❑ EMS/IT
❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works
❑ Finance ❑ Fire
❑ Utilities
City of Paris ` 1 Revised 2/04/08
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
May 23, 2011
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
May 23, 2011, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas.
Present: Mayor Pro-Tem: 1oe McCarthy
Council Members: Jason Rogers; John Wright; Richard Grossnickle;
Matt Frierson; Edwin Pickle; and Rhonda Rogers
City Staff: Gene Anderson, Interim City Manager/Finance
Director; Kent McIlyar, City Attorney; Janice Ellis,
City Clerk; Bob Hundley, Police Chief; Shawn
Napier, City Engineer; Ronnie Grooms, Fire Chief;
Ron Sullivan, Public Works Director; and Priscilla
McAnally, Library Director
Opening Agenda
1. Call meeting to order.
Mayor Biard called the meeting to order at 5:32 p.m.
2. Invocation.
Wayne Kerby gave the invocation.
3. Pledge of Allegiance.
Council Member Brown led the pledge.
4. Citizens' forum.
James Price, 1230 Shiloh - he said that the NAACP did not support PEDC using an out
of state firm for the Diversity Project.
Mike Womack, president of the Gypsy Motorcycle Club - he reminded everyone that
May is Motorcycle Awareness Month.
Ron Mays, 335 Timberlakes, Powderly, Texas - he said he was trying to purchase a
couple of lots on 30`h Street to build houses and duplexes.
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5. Public Announcements.
a. Proclamation declaring the month of May as Motorcycle Awareness Month.
Mayor Biard proclaimed the month of May as Motorcycle Awareness Month and
presented a proclamation to the Gypsy Motorcycle Club.
b. Second Annual Memorial Day Bike Ride
Mayor Biard announced that the Second Annual Memorial Day Bike Ride was scheduled
for Sunday, May 29th with church services beginning at 9:00 a.m. at the Love Civic Center
followed by a memorial ride.
Consent Agenda
Mayor Biard inquired of Council Members if they wished to pull any items frotn the
Consent Agenda for discussion. There were none.
A Motion to approve the Consent Agenda was made by Council Member Pickle and
seconded by Council Member Rhonda Rogers. The Council voted seven (7) for and none (0)
opposed to approve and adopt Consent Agenda Items 6, 7, 8, and 9.
6. Deliberate and act on the approval of minutes from the meeting on May 9, 2011.
7. Receive and deliberate on reports and/or minutes from the following boards,
commissions, and committees:
a. Lamar County Chamber of Commerce minutes (3-22-201 l)
b. Planning and Zoning Commission minutes (4-4-201 l; 5-2-2011)
c. Paris Economic Development Corporation minutes (4-14-2011)
8. Deliberate on April monthly financial report.
9. Deliberate on drainage ditch maintenance report.
Reaular Asenda
10. Deliberate and act on RESOLUTION NO. 2011-044: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, CANVASSING THE RETURNS FOR
THE MAY 14, 2011, GENERAL ELECTION FOR COLTNCIL DISTRICTS 4 AND 7;
DECLARING THE WINNERS IN SAID ELECTION; ACKNOWLEDGING THE
RESULTS OF PRIOR COUNCIL ACTION DECLARING THE UNOPPOSED
CANDIDATE FOR DISTRICT 5 ELECTED TO OFFICE; ORDERING A RUNOFF
ELECTION FOR THE PURPOSE OF ELECTING A COUNCIL MEMBER TO
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DISTRICT 7; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING AN EFFEGTIVE DATE.
As explained in the briefing sheet, in District 4, Richard Grossnickle received 44 votes
during early voting, 19 votes on election day, totaling 63 votes; Robert Zimmennan received 10
votes during early voting, 7 votes on election day, totaling 17 votes; and Jeff Higgins received 21
votes during early voting, 19 votes on election day, totaling 40 votes. Richard Grossnickle was
declared the winner in District 4. On April 11, 2011, by ordinance number 201 ]-077, City
Cauncil declared Matt Frierson as elected to office for District 5, because he was an unopposed
candidate. In District 7, Kenneth E. Kohls received 87 votes during early voting, 76 votes on
election day, totaling 163 votes; Rhonda Rogers received 144 votes during early voting, 98 votes
on election day, totaling 242 votes; and A.J. Hashmi received 170 votes during early voting, l l4
votes on election day, totaling 284 votes. No one candidate received more than fifty (50) percent
of the votes cast in District 7, making a runoff election necessary.
A Motion to approve this item was made by Council Member Pickle and seconded by
Council Member Wright. Motion carried, 7 ayes - 0 nays.
11. Deliberate and act on RESOLUTION NO. 2011-045: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING
THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF PARIS AND THE
LAMAR COUNTY ELECTIONS ADMINISTRATOR TO ASSIST, COORDINATE,
SUPERVISE AND HANDLE CERTAIN ASPECTS OF ADMINISTERING THE
RUNOFF ELECTION FOR JUNE 18, 2011, FOR THE CITY OF PARIS; 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 Pickle and seconded by
Council Member Wright. Motion carried, 7 ayes - 0 nays.
12. Deliberate and act on RESOLUTION NO. 2011-046: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, CANVASSING THE RETURNS OF
THE MAY 14, 2011 CITY-WIDE SPECIAL ELECTION ON A PROPOSITION
CALLING FOR THE ADOPTION OF AN ORDINANCE PROHIBITING
PRIVATIZATION OF THE COLLECTION, HANDLING, AND DISPOSAL OF
RESIDENTIAL GARBAGE, TRASH, AND RUBBISH, AND PROVIDING A
METHOD OF FIXiNG CHARGES FOR SUCH SERVICE; AND DECLARING AN
EFFECTIVE DATE.
As explained in the briefing sheet, the following proposition was submitted in ballot form
ta the voters of the City of Paris, Texas, on May 14, 2011: "An Ordinance maintaining the
residential solid waste collection with the City of Paris; requiring City equipment and employees
to be used for such service; and requiring the City Council to set a monthly rate for residential
garbage handling and disposal based on employee cost, equipment cost, landfill cost, and billing
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cost." Of the votes cast at the special election, there were 704 people who voted for the
proposition and 541 people who voted against the proposition.
A Motion to approve this item was inade by Council Member Jason Rogers and seconded
by Council Member Wright. Motion carried, 7 ayes - 0 nays.
13. First reading, deliberate and possibly act on ORDINANCE NO. 2011-012: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY 4F PARIS, TEXAS,
PROHIBITING PRIVATIZATION OF THE COLLECTION, HANDLING, AND
DISPOSITION OF RESIDENTIAL GARBAGE, TRASH, AND RUBBISH, AND
PROVIDING FOR THE METHOD OF FIXING CHARGES FOR SUCH SERVICE;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
A Motion to approve this item was made by Council Member McCarthy and seconded by
Council Member Jason Rogers. Motion carried, 7 ayes - 0 nays.
14. Deliberate and act on RESOLUTION NO. 2011-047: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, CANVASSING THE RETURNS FOR
THE MAY 14, 2011 CITY-WIDE SPECIAL ELECTION ON THE PROPOSED
AMENDMENTS TO THE CHARTER OF THE CITY OF PARIS; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING
AN EFFECTIVE DATE.
As explained in the briefing sheet, the following Charter Amendments were submitted in
ballot form to the voters of the City of Paris:
Proposition 1: Amend Section 16, "Number, selection, term," to change the term limits for city
council members in order to provide continuity for the community, so that the first sentence of
the last paragaph shall read as follows:
The members of the city council shall serve not more than three consecutive two-year terms,
after which two years must pass before they are again eligible to serve on the council.
Of the votes cast at the special election, there were 836 "For" in favor of Proposition No. 1
and 405 "Against" votes were cast in opposition to Proposition No. 1.
Proposition 2: Amend Section 35, "Independent annual audit," to be more consistent with state
law by allowing the city to enter a multi-year contract with a certified public accountant to
conduct the annual audit, so that the first sentence of Section 35 shall be amended to read as
follows:
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The City Council shall desigmate a certified public aecountant to conduct an independent audit of
the City's financial records each fiscal year and report their findings to the City Council.
Selection of the certified public accountant shall be in compliance with state law dealing with the
procurement of professional services. The Council may contract with the certified public
accountant to perform financial audit services for more than one year.
Of the votes cast at the special election, there were 1,052 "For" in favor of Proposition Na.
2 and 171 "Against" votes were cast in opposition to Proposition No. 2.
15. Recognition of outgoing Council Members for their service.
Mayor Pro-Tem McCarthy presented Mayor Biard and Council Member Brown each
with a plaque recognizing them for their years of service to the citizens of Paris. Mayor Biard
and Council Member Brown thanked the City Council, City staff and the citizens of the City of
Paris.
16. Issuance of Certificate of Election; Administer Statement of Elected Officer to Council
Members; and Administer Oath of Office to newly elected Council Members.
Certificates of Election were issued, followed by Statements and Oaths administered by
City Clerk Janice Ellis to new Council Members Richard Grossnickle and Matt Frierson.
17. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2011-013:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
APPROVING AND ADOPTING REVISIONS TO THE FUTURE LAND USE PLAN
MAP FOR THE CITY OF PARIS AS IT PERTAINS TO LOT 7, CITY BLOCK 61,
CITY OF PARIS, LAIViAR COUNTY, TEXAS, LOCATED AT 624 STH STREET NE
PARIS, TEXAS, AS FURTHER DESCRIBED IN EXHIBIT "A" ATTAGHED
HERETO, FROM LOW DENSITY RESIDENTIAL (LDR) TO GENERAL RETAIL
(GR) MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A
PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro-Tem McCarthy opened the public hearing and asked far anyone wishing to
speak in support of the item, to please come forward. Owner Kenneth Dyer spoke in support of
the zoning change. Mayor Pro-Tem McCarthy asked for anyone wishing to speak in opposition
of the item, to please come forward. With no one else speaking, Mayor Pro-Tem McCarthy
closed the public hearing.
A Motion to invoke the super majority rule was made by Council Member Pickle and
seconded by Council Member Wrighi. Motion carried, 7 ayes - 0 nays.
A Motion to approve this item was made by Counci] Member Jason Rogers and seconded
by Council Member Pickle. Motion carried, 7 ayes - 0 nays.
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18. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2011-014:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS,
AS HERETOFORE AMENDED, SO AS TO REZONE LOT 7, BLOCK 61, PARIS,
LAMAR COUNTY, TEXAS LOCATED AT 624 ST'-' STREET NE FROM A
GENERAL RETAIL DISTRICT (GR) TO A GENERAL RETAIL DISTRICT (GR)
WITH A SPECIFIC USE PERMIT (28) MORTUARY; DIRECTING A CHANGE
ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A
REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A
PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro-Tem McCarthy opened the public hearing and asked for anyone wishing to
speak in support of this item, to please come forward. Mayor Pro-Tem McCarthy asked for
anyone wishing to speak in opposition of this item, to please come forward. With no one
speaking, Mayor Pro-Tem McCarthy closed the public hearing.
A Motion to invoke the super majority rule was made by Council Member Pickle and
seconded by Council Member Rhonda Rogers. Motion carried, 7 ayes - 0 nays.
A Motion to approve this item was made by Council Member Rhonda Rogers and
seconded by Jason Rogers. Motion carried, 7 ayes - 0 nays.
19. Public hearing, first reading, deliberate and possibly act on an ORDINANCE OF THE
CTTY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND ADOPTING
REVISIONS TO THE FUTURE LAND USE PLAN MAP FOR THE CITY OF PARIS
AS IT PERTAINS TO LOT 4, BLOCK, 294, CITY OF PARIS, LAMAR COUNTY,
TEXAS, AS MORE PARTICULARLY DESCRIBED 1N EXHIBIT "A" ATTACHED
HERETO FROM LOW DENSITY RESIDENTIAL TO HIGH DENSITY
RESIDENTIAL; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
TH SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE,
A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
Council Member Frierson asked to be recused from items 19 through 22, because of a
possible conflict. A Motion to recuse Council Member Frierson was made by Council Member
Rhonda Rogers and seconded by Council Member Wright. Motion carried, 6 ayes - 0 nays.
Mayor Pro-Tem McCarthy opened the public hearing and asked for anyone wishing to
speak in support of this item, to please come forward. Speaking in favor of this item were the
following:
Cari Archer, 2364 CR 13500 W, Paris, Texas, power of attorney for pora Landers, said
that Ms. Landers felt this would be her only opportunity to sell the property.
Ron Mays, 325 Timberlakes, Powderly, Texas, said there was a need for higher end
rental property in the City. He said that he would like to build duplexes and single family
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dwellings. He said he planned to put in a private lane, which would give him additional space
when building. Council Member Grossnickle inquired who would maintain the lane and Mr.
Mays said that he would be responsible for doing sa. Mayor Pro-Tein McCarthy asked how
many houses he was planning to build. Mr. Mays said it was plotted for 32, but that he was not
going to construct that many. Mr. Mays also said that he did not have any plans as of yet.
Jerry Berryhill, 305 Red Oak, Powderly, Texas, he said there was a shortage of upper
scale rental property in Paris.
Mayor Pro-Tem McCarthy asked for anyone wishing to speak in opposition to this itein,
to please come forward. Speaking in opposition of this item were the following:
David Hart, 3050 Aiken, Paris, Texas, he said rental property would decrease the value of
his property and that when he purchased his house, he was told that the zoning was single family.
Mark Caldwell, 3061 E. Houston, Paris, Texas, he said that Mr. Mays keeps changing his
plan and that drainage would be an issue.
Roy Simmons, 3071 E. Houston, Paris, Texas, he reiterated Mr. Hart and Mr. Caldwell.
Norma Carey, 3010 Aiken Drive, Paris, Texas, she said she did not want any multi-
family dwellings going an the property.
Sherry Wallace, 3080 Aiken Drive, Paris, Texas, she said having multi-family dwellings
on the property will decrease the value of all of their property.
Wayne Kerby, 390-30t' N.E., Paris, Texas, he said that he purchased the surrounding
property to protect his property and that the rent houses he had were very nice homes.
Dan Efaw, 205 N.E. 30`h Street, Paris, Texas, he said multi-family dwellings would
decrease the value of the surrounding homes.
Suzanne Creed, 202 N.E. 30th Street, Paris, Texas, she said multi-family housing would
decrease the value of their homes.
Dan Simpson, 391 30`h N.E., Paris, Texas, he said that he agreed with everyone else.
Council Member Rhonda Rogers asked those persons who opposed the zoning change, to
please stand. There were sixteen people who stood, signifying their opposition to this zoning
change. Council Member Pickle said that he had received five e-mails from people opposing the
zoning change.
With no one else speaking, Mayor Pro-Tem McCarthy closed the public hearing.
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A Motion to invoke the super majority rule was made by Council Member Pickle and
seconded by Council Member Rhonda Rogers. Motion carried, 6 ayes - 0 nays.
A Motion to deny the reguest for zoning change was made by Council Member Pickle
and seconded by Counci] Member Wright. Motion carried, 6 ayes - 0 nays.
20. Public hearing, first reading, deliberate and possibly act on an ORDINANCE OF THE
CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE
CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOT
4, BLOCK 294, PARIS, LAMAR COUNTY, TEXAS LOCATED AT 240 30TH
STREET NE PARIS, TEXAS, FROM A ONE FAMILY DWELLING DISTRICT NO. 2
(SF-2) TO A MULTI FAMILY DWELLING DISTRICT NO. 2(MF-2), DIRECTING A
CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY;
PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS
CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
No action was necessary on this item, because item 19 was denied.
21. Public hearing, first reading, deliberate and possibly act on an ORDINANCE OF THE
CITY GOUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND ADOPTING
REVISIONS TO THE FUTURE LAND USE PLAN MAP FOR THE CITY OF PARIS
AS IT PERTAINS TO LOT 3, BLOCK 294, PART OF THE JOSEPH LEACH
SURVEY, PARIS, LAMAR COUNTY, TEXAS (LOCATED IN THE 200 BLOCK OF
30TH STREET NE, PARIS, TEXAS) AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE,
A SEVERABILITY CLAUSE, A PENALTY CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
Mayor Pro-Tem McCarthy opened the public hearing and asked for anyone wishing to
speak in support of this itein, to please come forward. Speaking in favor of this item were the
following:
Kim Lamberson, Paris, Texas, she said that the City needs the tax base.
Ron Mays responded to the drainage issue, by saying he could only do what the City
Engineer directed him to do. He also said that he could build single family houses, but that he
did not want to be limited to the size of the house.
Mayor Pro-Tem McCarthy asked that those opposing the zoning change, to please stand
and sixteen people stood in opposition.
With no one else speaking, Mayor Pro-Tem McCarthy closed the public hearing.
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A Motion ta invoke the super majority rule was made by Council Member Pickle and
seconded by Council Member Rhonda Rogers. Motion carried, 6 ayes - 0 nays.
A Motion to deny the request for zoning change was made by Council Member Pickle
and seconded by Council Member Wright. Motion carried, 6 ayes - 0 nays.
22. Public hearing, first reading, deliberate and possibly act on an ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING
ORDINANCE NO. ] 710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE
AMENDED, SO AS TO REZONE LOT 3, BLOCK 294, PART OF THE JOSEPH
LEACH SURVEY, PARIS, LAMAR COUNTY, TEXAS (LOCATED iN THE 200
BLOCK OF 30TH STREET NE, PARIS, TEXAS) AS MORE PARTICULARLY
DESCRIBED INEXHIBIT "A", FROM A ONE FAMILY DWELLING DISTRICT NO.
2(SF-2) TO A MULTI FAMILY DWELLING DISTRICT NO. 2(MF-2); DIRECTING
A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY;
PROVIDING A REPEALER CLAUSE, A SEVERABILTTY CLAUSE, A SAVINGS
CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
No action was necessary on this item, because item 21 was denied.
A Motion to return Council Member Frierson to the meeting was made by Council
Member Rhonda Rogers and seconded by Council Member Pickle. Motion carried, 6 ayes - 0
nays.
23. Public hearing, first reading, deliberate and possibly act on an ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING
ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE
AMENDED, SO AS TO REZONE LOTS ] 3 AND 14, BLOCK 2, GIBBONS PARK
ADDITION TO THE CITY OF PARIS, LAMAR COUNTY, TEXAS AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, LOCATED
AT 847 6TH SE PARIS, TEXAS, FROM A ONE FAMILY DWELLING DISTRICT NO.
2(SF-2) WITH A SPECIFIC USE PERMIT (25) NURSERY SCHOOL, DAY
NURSERY OR KINDERGARTEN SCHOOL TO A ONE FAMILY DWELLING
DISTRICT NO. 2(SF-2) WITH A SPECIFIC USE PERMIT (14) DAY CAMP;
DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF
THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A
SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
Mayor Pro-Tem McCarthy opened the public hearing and asked for anyone wishing to
speak in support of this item, to please come forward. Owner Mack Jones spoke in support of
this itein. Mr. Jones said that he wanted to utilize this property as a Day Gamp facility for
mentally challenged individuals. He said the hours of operation would be from 9:00 a.m. to 3:00
p.m. Also, speaking in favor of this item were Bob Phifer, R.C. Slaughter, Jon McFadden,
Fannie Slaughter, and Ron Mays.
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Mayor Pro-Tem McCarthy asked for anyone wishing to speak in opposition of this item,
to please come forward. No one spoke in opposition of this zoning change. Mayor Pro-Tem
McCarthy said City staff had received one letter opposing the zoning change. With no one else
speaking, Mayor Pro-Tem McCarthy closed the public hearing.
A Motion to invoke the super majority rule was made by Council Member Pickle and
seconded by Council M:ember Rhonda Rogers. Motion carried, 7 ayes - 0 nays.
A Motion to approve this item was made by Council Member Pickle and seconded by
Council Member Jason Rogers. Motion carried, 7 ayes - 0 nays.
24. First reading, deliberate and possibly act on ORDINANCE NO. 2011-016: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ("CITY")
APPROVING A NEGOTIATED RESOLUTION BETWEEN THE STEERING
COMMITTEE OF CITIES SERVED BY ONCOR ("STEERING COMMITTEE") AND
ONCOR ELECTRIC DELIVERY COMPANY LLC ("ONCOR" OR "COMPANY")
REGARDING THE COMPANY'S APPLICATION TO INCREASE ELECTRIC
RATES 1N ALL CITIES EXERCISiNG ORIGINAL JURISDICTION; DECLARING
EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO
REINIBURSE CITIES' REASONABLE RATEMAKING EXPENSES; ADOPTING
TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE
NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE
ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ONCOR'S
PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT
THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE
REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN
EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE
COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL.
Interim City Manager Gene Anderson told the City Council that on or about January 7,
2011, Oncor filed an application to increase electric rates with the City. Mr. Anderson said that
the average residential customer would have an increase of $2.35 in their monthly bill, as
opposed to $5.00 per bill increase as proposed in Oncor's filing. Mr. Anderson also said that the
Executive Committee of the Steering Committee and the Steering Committee's legal counsel
recommended that all city members of the Steering Committee adopt the Ordinance
implementing the rate change.
A Motion to invoke the super majority rule was made by Council Member Pickle and
seconded by Council Member Rhanda Ragers. Motion carried, 7 ayes - 0 nays.
A Motion to approve this item was made by Council Member Pickle and seconded by
Council Member Jason Rogers. Motion carried, 7 ayes - 0 nays.
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Mayor Pro-Tem McCarthy recessed the City Council at 7:40 p.m. for a break. Mayor
Pro-Tem McCarthy reconvened City Council into open session at 7:50 p.m.
25. Deliberate and act on participating in the funding of the Paris Diversity Initiative
sponsored by PEDC and the Texas Workforce Commission.
Gene Anderson said that the PEDC Board of Directors passed a motion requesting that
the City and Lamar County participate with Workforce Solutions and PEDC in financing the
diversity training program for small businesses and other related tasks. Mr. Anderson said an
amount was not specified and if the City Council wished to make a financial contribution, a
motion should be passed by the Council. Mr. Anderson also said this was a non-budgeted item
and would probably require a budget amendment at the end of the fiscal year.
Council Member Pickle said that he had asked Judge Superville if the County would be
willing to contribute $7,500.00 toward the project, if the Council also contributed the same
amount. Council Member Pickle said that Judge Superville advised him that he would address
this with the Coinmissioners during budget time. Council Member Rhonda Rogers wanted to
know how they were going to fund this since it was not a budgeted item. Council Member
Pickle suggested taking $3,750.00 from the Council's travel budget this year and the same
amount next year. Mayor Pro-Tem McCarthy and Council Member Rhonda Rogers opposed that
suggestion, citing reasons as being the need and expense of training far Council Members.
Council Member Frierson said this was a very important issue and offered to pay his own
expenses for any training. Council Member Jason Rogers stated that the NAACP, the Diversity
Task Force and members of the African Community were not supporting this, because of the
manner in which the selection process was handled. He also said that he had questions for PEDC,
but they did not have a representative at the meeting. Council Member Pickle said that he had
heard from several Diversity Task Force members who were in support of PEDC's selection.
Council Member Rhonda Rogers said she thought they should table this item, bring it back to the
next meeting, and invite the PEDC Board of Directors to the meeting.
A Motion to contribute $3,750.00 from the Council's travel budget this year and
$3,750.00 from the Council's travel budget next year to contribute to PEDC for this project was
made by Council Member Pickle and seconded by Council Member Frierson.
Motion failed, 3 ayes - 4 nays, with Mayor Pro-Tem McCarthy, Council Member Jason
Rogers, Council Member Rhonda Rogers, and Council Member Richard Grossnickle casting the
dissenting votes.
A Motion to table this item and invite the PEDC Board Members back to the next
meeting was made by Council Member Rhonda Rogers and seconded by Council Member
Grossnickle. Motion carried, 7 ayes - 0 nays.
26. Deliberate and act on RESOLUTION NO. 2011-048: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING
THE EXECUTION OF A MEMORANDUM OF AGREEMENT ("MOA") WITH THE
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FEDERAL AVIATION ADMINISTRATION (FAA) TO COVER REQUIRED LAND
SITES AND EASEMENTS WITH ONE SINGLE DOCUMENT FOR FOUR
FACILITIES FOR EXISTING NAVIGATIONAL AID (NAVIAID) FACILITIES AT
COX FIELD, PARIS, TEXAS; MAKING OTHER FTNDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
City Engineer Shawn Napier explained that the City received a letter from the Federal
Aviation Administration (FAA) asking that the City combine the existing lease agreements for
four facilities at Cox Field into a single Memorandum of Agreement.
A Motion approve this item was made by Council Member Rhonda Rogers and seconded
by Council Member Frierson. Motion carried, 7 ayes - 0 nays.
27. Deliberate and act on RESOLUTION NO. 2011-049: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING A CONTRACT TO J.B.
& L. UTILITY CONTRACTORS IN THE AMOUNT OF $85,213.00 FOR PHASES III
AND IV OF THE 2009 CDBG SEWER SYSTEM IMPROVEMENTS 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 Jason Rogers and seconded
by Council Member Pickle. Motion carried, 7 ayes - 0 nays.
28. Convene into Executive Session pursuant to Section 551.071 of the Texas Government
Code, Consultation with Attorney, to receive legal advice from the City Attorney about
pending or contemplated litigation and/or on matters in which the duty of an attorney to
his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with this chapter.
City Council did not convene into Executive Session.
29. Reconvene into open session.
30. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004-081.
Council Member Rogers reminded everyone of the ribbon cutting for Red River Region
Business Incubator scheduled for Friday at 10:30 a.m.
31. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member
Pickle and was seconded by Jason Rogers. Motion carried, 7 ayes - 0 nays. The meeting was
adjourned at 8:17 p.m.
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Regular Council Meeting
May 23, 2011
Page 13
JOE MCCARTHY, MAYOR PRO-TEM
JANICE ELLIS, CITY CLERK
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