13 - Council Minutes (5/10/01)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
MAY 10, 2001
The City Council of the City of Paris met in r egular session Thursday,
May 10, 2001, 6:00 P. M., Paris Junio r College, Applied Technology
Building, Room 1016, 2400 Clarksville Street, Paris, Texas. Mayor
Michael J. Pfiester called the meeting to order with the following Council
Members present: John F. Bell, Joe E. McCarthy, Richard Manning, John
A. Carter, Jr., Kevin Gray, and Benny Plata. Also present were City
Manager Michael E. Malone, City Attorney Larry W. Schenk, and City
Clerk Mattie Cunningham.
Invocation was given by Karl Louis, Police Chief for the City of Paris.
Mayor Pfiester called for the canvass of returns of the General Election of
the City of Paris held on May 5, 2001, elect i ng Council Members for
District Number Four and District Number Seven.
The returns were presented to Mayor Pfiester and he canvassed the
results of the General Election of the City of Paris, which were read
aloud.
R esolution No. 2001-050, canvassing the returns for the May 5, 2001 ,
General Election for Council Districts 4 an d 7; declaring the winner in
said election; acknowledging the results of pr ior City Council action
declaring the candidate as elected to office for Council District No. 5 as a
result of having been unopposed for election to office, was presented. A
motion was made by Councilman Bell, seconded by Councilman
McCarthy, for approval of the resolution. The motion carried 7 ayes, 0
nays.
Municipal Judge Thomas Hunt III administered the oath of office to John
F. Bell, Michael J. Pfies t er, and Richard Manning. The newly elected
Council Members assumed their seats at the council table.
City Manager Malone announced that the next item on the agenda was the
City Council Meeting
May 10, 2001
Page 2
election of Mayor and Mayor Pro Tempore to serve the City of Paris for
the ensuing year.
Council Member Gray nominated Michael J. Pfiester for the office of
Mayor of the City of Paris and Councilman Plata seconded the
nomination. No other nominations were made, and Councilman Pfiester
was elected Mayor for the ensuing year by a vote of 7 ayes, 0 nays.
Mayor Pfiester called for nominations for the office of Mayor Pro Tem.
Councilma n Bell nominated Councilman Manning for Mayor Pro Tem,
and the nomination was seconded by Councilman Gray, and Councilman
Manning was elected Mayor Pro Tem for the ensuing year by vote of 7
ayes, 0 nays.
City Manager Malone presented the minutes of the Planning and Zoning
Commission meeting held May 7, 2001, and attached hereto as Exhibit A.
Mayor Pfiester declared the public hearing open to consider the petition
of Kenneth Scott Baxley for a change in zoning from an Agricultural
District (A) to a Commercial District (C) on Lot 2, City Block 342, being
rd
number 2800 3 SE
Mayor Pfiester called for proponents to appear, and Ruth Ann Alsobrook,
208 5th SW, appeared before the City Council in behalf of Mr. Baxley.
She advised that Mr. Bax ley purchased this property on the S. W. Loop
and it is his plan to construct storage buildings at this location.
City Attorney S chenk advised that he has a document stating that Ms.
Alsobrook is authorized to appear on behalf of Mr. Baxley.
Mayor Pfiester called for opponents to appear, none appeared, and the
public hearing was declared closed.
City Council Meeting
May 10, 2001
Page 3
ORDINANCE NO. 2001-026-1
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF
THE CITY OF PARIS, PARIS, TEXAS, AND CHANG ING THE
BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID
CITY; ESTABLISHING A COMMERCIAL DISTRICT (C) ON LOT 2,
CITY BLOCK 342, ON PROPERTY BELONGING TO KENNETH
SCOTT BAXLEY, OWNER, SO AS TO INCLUDE THEREIN
TERRIT O RY FORMERLY DESIGNATED AS AGRICULTURAL
DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE
COMMER CIAL DISTRICT (C) SO ESTABLISHED; PROVIDING FOR
A PENALTY NOT TO EXCEED $2,000.00; REPE A LING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
H E REWITH; AND PROVIDING AN EFFECTIVE DATE OF JUNE 1,
2001, WAS PRESENTED.
A motion wa s made by Mayor Pro Tem Manning, seconded by
Councilman McCarthy, for adoption of the ordinance. The motion carried
7 ayes, 0 nays.
Mayor Pfiester declared the public hearing open to consider the petition
of Leroy Clarkson for a change in zoning from a Two-Family Dwelling
District (2F) to a Commercial District (C) on Lot 7, City Block 189, being
number 1334 Bonham Street.
Mayor Pfiester called for proponents to appear, and Leroy Clarkson, 754
th
4 NW, appeared on behalf of his petition. Mr. Clarkson advised the City
Council that his plan for this property is to build apartments on all three
lots.
Mayor Pfiester called for opponents to appear, none appeared, and the
public hearing was declared closed.
City Council Meeting
May 10, 2001
Page 4
ORDINANCE NO. 2001-027
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF
THE CITY OF PARIS, PARIS, TEXAS, AND CHANG ING THE
BOUNDARIES ESTABLISHED BY THE ZONING MAP O F SAID
CITY; ESTABLISHING A COMMERCIAL DISTRICT (C) ON LOT 7,
CITY BLOCK 189, ON PROPERTY REQUESTED BY LEROY
CLARKSON, AGENT FOR BOBBY STILLWELL, OWNER, SO AS TO
INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A
TWO-FAMILY DWELLING DISTRICT (2F); DESIGNATING THE
BOUNDARIES O F THE COMMERCIAL DISTRICT (C) SO
ESTABLISHED; PROVIDIN G FOR A PENALTY NOT TO EXCEED
$2,000. 0 0; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANC E S IN CONFLICT HEREWITH; AND PROVIDING AN
EFFECTIVE DATE OF JUNE 1, 2001, WAS PRESENTED.
A motion was made by Councilman Plata, seconded by Councilman Gray,
for adoption of the ordinance. The motion carried 7 ayes, 0 nays.
Mayor Pfiester declared the public hearing open to consider the petition
of Calvin Gibson for a change in zon ing from a Two-Family Dwelling
District (2F) to a One-Family Dwelling District No. 3 (SF-3) With Specific
Use Permit (39) Mobile Home on Lots 19 and 2-, C ity Block 160, being
th
numbers 1050 and 1106 5 Street SE.
Mayor Pfiester called for proponents to appear and none appeared.
Mayor Pfiester called for opponents to appear, none appeared, and the
public hearing was declared closed.
City Manager Malone advised the City Council that the Planning and
Zoning Commission did hear this matter at their meeting May 7, 2001. He
said there wa s opposition present and the Planning and Zoning
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May 10, 2001
Page 5
Commission requested that Steve Methven, Ch ief Building Official, confer
with the City Attorney regarding this matter. The Planning and Zoning
Commission tabled action on the rezoning request, and the City Manager
recommended that the City Council also table action.
A motion was made by Councilman Bell, seconded by Councilman Plata,
to table action on an ordinance amending Z oning Ordinance No. 1710
changing the zoning from a Two-Family Dwelling District (2F) to a One-
Family Dwelling District No. 3 (SF-3) With Specific Use Permit (39)
Mob ile Home on Lots 19 and 20, City Block 160, belonging to Calvin
Gibson. The motion carried 7 ayes, 0 nays.
Mayor Pfiester called for consideration of and action on the Final Plat of
Lots 1 and 2, Block A, and Lots 1, 2, 3, 4, 5, 6, Block B, and Lot 1, Bock C,
Amher st Estates. A motion was made by Mayor Pro Tem Manning,
seconded by Councilman Plata, for approval of the Fina l Plat subject to
the requirements of the City Engineer. The motion carried 7 ayes, 0 nays.
Mayor Pfiester called for consideration of and action on the Replat of Lots
th
13, and 13A, City Block 262, being located in the 1200 Block of 20 Street
N. E. A motion was made by Councilman Bell for approval of the Replat
subject to the requirements of the City Engin eer. The motion was
seconded by Councilman Plata, and carried 7 ayes, 0 nays.
Mayor Pfiester announced the next item on the agenda was consideration
of and action on the Replat of Lots 11, 12, 13, Block H, Oak Creek Phase
VI. A motion was made by Councilman McCarthy, seconded by Mayor
Pro Tem Manning, for approval of the Replat subject to the requirements
of the City Engineer. The motion carried 7 ayes, 0 nays.
Mayor Pfiester called for consideration of and action on the Final Plat of
Eastgate Subdivision. A motion was made by Councilman Manning,
seconded by Councilman Bell, for approval of the Final Plat subject to the
City Council Meeting
May 10, 2001
Page 6
requirements of the City Engineer. The motion carried 7 ayes, 0 nays.
Mayor Pfiester called for the second reading of a new franchise agreement
with TXU Electric, Inc.
City Attorney Schenk advised th at at the previous City Council meeting
they adopted a Franchise Agreement with TXU Electric on first reading,
and at that time, he indicated that there would be additional negotiations
between the city and the company. City Attorney Schenk further advised
that the Franchise Agreement that he is presenting tonight differs from
the original in two ways. He said that first there was section 26 of the
previous Franchise Agreement, which calls for energy audits to be
st st
performed by the company after the December 31 or January 1 date in
which deregulation goes into effect. This particular company, which is the
distributor, will no longer be ab le to perform those kind of services
because they are considered competitive services. City Attorney Schenk
advised that this clause has b een removed from the latest version of the
Franchise Agr e ement. City Attorney Schenk further advised that this
Franchise Agreement is for a three year period. He discussed with the
company the topic of including a most favored nation clause, which means
that if they enter into agreements with other cities that have terms more
favorable than the City of Paris’, they would offer those terms to the City
of Paris. City Attorney Schenk said that they did not want to agree to that
because they felt it was very difficult to administer, and that he did not
disagree, but at the same time, h e was concerned because of the new
statutes going into effect and what the impact of this new legislation will
be on electric power and electric access to electric power in general. As a
consequence, both he and the company agree that it is appropriate to have
the shortest reasonable term on the franchise, which is three years.
City Attorney Schenk recommended that the City Council adopt this
revised Franchise Agreement on second reading.
City Council Meeting
May 10, 2001
Page 7
FRANCHISE ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PARIS, TEXAS, GRANTING TXU
ELECTRIC COMPANY AN ELECTRIC LIGHT, HEAT, AND POWER
FR A NCHISE FOR THE PURPOSE OF CONSTRUCTING, ERECTING,
AND MAINTAINING ITS POLES, TOWERS, WIRES, ANCHORS,
CABLES, MANHOLES, CONDUITS, AND OTHER STRUCTURES AND
APPURTEN ANCES ALONG, ACROSS, ON, OVER, THROUGH,
ABOVE, AND UNDER ALL PUBLIC STREETS, THOROUGHFARES,
ALLEYS, AND PUBLIC GROUNDS AND PLACES IN S AID CITY;
PRESCRIBING THE CONSIDERATIO N THEREFOR; PROVIDING
FOR THE RIGHT T O USE CERTAIN FACILITIES OF THE
ELECTRIC COMPANY; PRESCRIBING THE TERM AN EFFECTIVE
DATE OF SAID FRANCHISE; PROVIDING FO R THE REPEAL OF
ALL CONFLICTING ORDINANCES, PROVIDING THAT THIS
ORDINANCE BE CUMULATIVE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR
I NJUNCTIONS; PROVIDING FOR PUBLICATION; AND PROVIDING
AN EFFECTIVE DATE, WAS PRESENTED ON SECOND READING
.
A motion was made by Mayor Pro Tem Ma nning, seconded by
Councilman McCarthy, for ado ption of the Franchise Ordinance on
second reading. The motion carried 7 ayes, 0 nays.
ORDINANCE NO. _________________ (to be assigned)
AN ORDINANCE GRANTING TO STEVE B. RANEY AND WENDY L
RANEY, DBA YELLOW CAB COMPANY, AND EXTENSION OF AN
EXISTING FRANCHISE TO USE THE PU BLIC STREETS, ALLEYS,
AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF
TRANSPORTING PASSENGERS FOR HIRE IN MOTOR VEHICLES
FOR A PERIOD OF ONE(1) YEAR, BEGINNING JULY 13, 2001, THE
DATE OF TERMINATION OF THE EXISTING FRANCHISE, AND
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May 10, 2001
Page 8
ENDING JULY 12, 2002, UPON THE TERMS AND CONDITIONS
HEREINAFTER PRESCRIBED; PROVIDING FOR THE
REGULATION OF SAID BUSINESS; PROVIDING FOR THE
PAYMENT OF A TAX FOR SUCH PRIVILEGE AND USE OF SUCH
STREETS, ALLEYS AND HIGHWAYS; PROVIDING FOR THE
TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS;
PROVIDING FOR TAXICAB STA NDS FOR USE OF SAND GRANTEE;
PROVIDING FOR PUBLIC LIABILITY INSURANCE ON THE
MOTOR V EHICLES AND EQUIPMENT OF SAID GRANTEE;
PROVIDING FOR THE SUPE RVISION OF SAID BUSINESS AND
INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE
OFFICIALS OF THE CITY OF PARIS; AND PROV IDING AN
EFFECTIVE DATE, WAS PRESENTED.
A motio n was made by Councilman Bell, seconded by Mayor Pro Tem
Manning, for adoption of the ordinance on first reading. The motion
carried 7 ayes, 0 nays.
ORDINANCE NO. _________________ (to be assigned)
AN ORDINANCE GRANTING TO DENNIS NELMS, DBA CITY CAB
COMPANY, A FRANCHISE TO USE THE PUBLIC STREETS,
ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE
PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE IN MOTOR
VEHICLES FOR A PERIOD OF ONE(1) YEAR, BEGINNING AUGUST
10, 2001, AND ENDING AUGUS T 9, 2002, UPON THE TERMS AND
CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE
REGULATION OF SAID BUSINESS; PROVIDING FOR THE
PAYMENT OF A TAX FOR SUCH PRIVILEGE AND USE OF SUCH
STREETS, ALLE YS AND HIGHWAYS; PROVIDING FOR THE
TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS;
PROVIDING FOR TAXICAB STANDS FOR USE OF SAND GRANTEE;
PRO VIDING FOR PUBLIC LIABILITY INSURANCE ON THE
City Council Meeting
May 10, 2001
Page 9
MOTOR VEHICLES AND EQUIPMENT OF SAID GRANTEE;
PROVIDING FOR THE SUP ERVISION OF SAID BUSINESS AND
INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE
OFFICIALS OF TH E CITY OF PARIS; AND PROVIDING AN
EFFECTIVE DATE, WAS PRESENTED.
A motion was made by Mayor Pro Tem Manning, seconded by
Co uncilman Plata, for adoption of the ordinance on first reading. The
motion carried 7 ayes, 0 nays.
Resoluti on No. 2001-051, resolving that an application be made to the
Texas Automobile Theft Prevention Authority for an Automobile Theft
Prevention Grant entitled “Northeast Texas Automobile Theft Task
Force” project beginning September 1, 2001, and ending August 31, 2002,
in the amount of $102,826.00, being approximately 63% of the estimated
cost of the Automobile Theft Prevention Program, with $47,276.00 to be
provided by the City of Paris in the form of cash and $12 ,500.00 in the
form of in kind service. A motion was made by Mayor Pro Tem Manning,
seconded by Councilman Gray, for approval of the resolution. The motion
carried 7 ayes, 0 nays.
City Attorney Schenk presented the following rezoni ng petitions:
Stephanie Hunt, Lot 13, City Block 64-B, from a Two-Family Dwelling
District to a Ne ighborhood Service District; Ham and T. Inc., A Texas
Corporation, Lot 4, City Block 33, from a Two-Family Dwelling District
to a Neighborhood Service District; Mary Gibson, Lot 13B, City Block
1 57, from Multiple Family Dwelling District No. 1 to a Commercia l
District.
Mayor Pfiester referred the rezoning petitions to the Planning and Zoning
Commission for their study and recommendation at their m eeting
th
scheduled for June 4, 2001, and before the City Council June 11 , 2001.
City Council Meeting
May 10, 2001
Page 10
There being no further business, a motion was made by Councilman Plata,
seconded by Mayor Pro Tem Manning, to adjourn the meeting.
__________________________
MICHAEL J. PFIESTER, MAYOR
ATTEST:
______________________
MATTIE CUNNINGHAM
City Clerk