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05/20111296 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS May 9, 2011 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, May 9, 2011, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Will Biard Council Members: Joe McCarthy; John Wright; Stephen Brown; 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; and Ron Sullivan, Public Works Director Absent: Council Members: Jason Rogers Ouenins Ap-enda 1. Call meeting to order. Mayor Biard called the meeting to order at 5:35 p.m. 2. Invocation. Pastor Rusty Hedges gave the invocation. 3. Pledge of Allegiance. Council Member McCarthy led the pledge. 4. Citizens' forum. Main Street Manager Cheri Bedford announced that May was Historic Preservation Month and invited everyone to attend Celebrate American Treasures on Saturday, May 21 at 10:00 a.m. to take place downtown. 5. Public Announcements. a. Proclamation declaring the month of May as Historic Preservation Month. 1297 Regular Council Meeting May 9, 2011 Page 2 Mayor Biard declared the month of May as Historic Preservation Month and presented Main Street Manager Cheri Bedford with a Proclamation. Consent Ap-enda Mayor Biard inquired of Council Members if they wished to pull any items from 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 Brown. The Council voted six (6) for and none (0) opposed to approve and adopt Consent Agenda Items 6 and 7. 6. Deliberate and act on the approval of minutes from the meeting on April 25, 2011. 7. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Paris Economic Development Corporation minutes (3 -29 -2011) Regular Agenda 8. Second reading, deliberate and act on ORDINANCE NO. 2011 -008: 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 AN AREA BOUNDED BY 6TH STREET SE, CHURCH STREET, PARIS BLVD AND THE UNION PACIFIC RAILROAD 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 Biard asked for a motion to recuse himself on items 7 and 8. A Motion to recuse Mayor Biard was made by Council Member McCarthy and seconded by Council Member Rogers. Motion carried, 6 ayes — 0 nays. A Motion to approve this item was made by Council Member Rhonda Rogers and seconded by Council Member Brown. Motion carried, 5 ayes — 0 nays. 9. Second reading, deliberate and possibly act on ORDINANCE NO. 2011 -009: 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 2, BLOCK 1; LOT 1, BLOCK 2; LOTS 1 AND 2, BLOCK 3; LOTS 4 -9, BLOCK 6; LOTS 1 -10, BLOCK 7; LOTS 1 -11; BLOCK 8, LOTS 7 -12, BLOCK 9, TEXAS & PACIFIC ADDITION; AND LOTS 3 AND 4, BLOCK 162, CITY OF PARIS, LAMAR COUNTY, TEXAS FROM A 129 Regular Council Meeting May 9, 2011 Page 3 LIGHT INDUSTRIAL DISTRICT (LI), TO A HEAVY INDUSTRIAL DISTRICT (HI); AND TO REZONE LOTS 1 -12, BLOCK 10; LOTS 1 -12, BLOCK 11; LOTS 1 -12, BLOCK 12; AND LOTS 1 -12 BLOCK 13, TEXAS & PACIFIC ADDITION, PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) TO A HEAVY INDUSTRIAL DISTRICT (HI), SAID PROPERTY GENERALLY LOCATED BETWEEN SOUTH CHURCH STREET, SIXTH STREET SE, PARIS BOULEVARD AND UNION PACIFIC RAILROAD CITY OF PARIS, LAMAR COUNTY, TEXAS; 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. A Motion to approve this item was made by Council Member Wright and seconded by Council Member Pickle. Motion carried, 5 ayes — 0 nays. A Motion to return Mayor Biard to the meeting was made by Council Member Brown and seconded by Council Member Rhonda Rogers. Motion carried, 5 ayes — 0 nays. 10. Deliberate and act on the Re -plat of Lots 1 -10, Block 25, and Lots 1 -1 -, Block 30, Clement Fairview Addition, located in the 200 Block of Clement Road. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Rhonda Rogers. Motion carried, 6 ayes — 0 nays. 11. Deliberate and act on the Master Plat, the Preliminary Plat, and the Final Plat of Lot 1, Block A, Rick 250 Addition #1, located in the 300 Block of Loop 286 N.E. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Wright. Motion carried, 6 ayes — 0 nays. 12. Deliberate and act on ORDINANCE NO. 2011 -010: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; AMENDING SECTION 3 -5, CHAPTER 3 ALCOHOLIC BEVERAGES OF THE CODE OF ORDINANCES OF THE CITY OF PARIS TO ALLOW THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT THE LOVE CIVIC CENTER AND THE RED RIVER VALLEY FAIRGROUNDS WITH APPROPRIATE TABC PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Biard said it was his understanding that at the last meeting, there was a lengthy discussion about this item. He further said he understood that it was a consensus of the Council not to allow alcohol in parks. Council Members McCarthy and Brown both said they opposed any alcohol at parks. City Council discussed options of allowing the sale and consumption of alcoholic beverages at the Civic Center and the Fairgrounds. Council Members Wright and n Regular Council Meeting 1G May 9, 2011 Page 4 Brown opposed the sale and consumption of alcohol at either facility, citing that families and children frequent these places. A Motion to approve this item was made by Mayor Biard and seconded by Council Member Pickle. Motion carried, 4 ayes — 2 nays, with Council Members Wright and Brown casting the dissenting votes. 13. Second reading, deliberate and act on ORDINANCE NO. 2011 -011: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADDING A NEW CHAPTER 35, WRECKER, TOWING, AND STORAGE FACILITIES TO THE CODE OF ORDINANCES OF THE CITY OF PARIS, REGULATING PROCEDURES AND POLICIES PERTAINING TO THE OPERATION OF WRECKER, TOWING, AND STORAGE FACILITIES IN THE CITY OF PARIS, TEXAS; MAKING THIS ORDINANCE CUMULATIVE OF STATE AND FEDERAL LAWS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A Motion to bring this item from the table was made by Council Member Pickle and seconded by Council Member Rhonda Rogers. Motion carried, 6 ayes — 0 nays. Chief Hundley said that he and Council Member Pickle had a meeting with the "on- call" wrecker companies and it was a consensus to allow the wrecker companies to set fee schedules according to the Texas Department of Licensing and Regulation. Mayor Biard said he thought that the City should set the rate when the City initiates the call. Council Member Rhonda Rogers agreed. It was a consensus of Council to allow local services companies to post their tow fees on the TDLR website for non - consent to incident management tows. Mayor Biard said that he would like for the City of Paris to be added as an additional insured on the wrecker companies' insurance. It was a consensus of City Council to add the insurance requirement to this ordinance. A Motion to approve this item was made by Council Member Rhonda Rogers and seconded by Council Member Brown. Motion carried, 6 ayes — 0 nays. 14. Deliberate and possibly act on RESOLUTION NO. 2011 -040: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING THE h� AIRPORT MASTER PLAN FOR COX FIELD AS SUBMITTED BY COFFMAN ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS RELATED THERETO, AND AUTHORIZING PAYMENT OF $18,725.00 TO COFFMAN & ASSOCIATES AS THE CITY'S PORTION OF THE FINAL PAYMENT FOR THE AIRPORT MASTER PLAN; 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 Pickle and seconded by Council Member McCarthy. Motion carried, 6 ayes — 0 nays. Regular Council Meeting 130Q May 9, 2011 Page 5 15. Deliberate and act on RESOLUTION NO. 2011 -041: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING CHANGE ORDER NO. ONE TO THE CONTRACT BETWEEN R. K. HALL CONSTRUCTION AND THE CITY OF PARIS, FOR THE SOUTH COLLEGIATE DRIVE RECONSTRUCTION — SOUTH LOOP 286 TO BIG SANDY CREEK PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Engineer Shawn Napier explained that the change order included installation of a fire hydrant extension in the amount of $260.00, the removal of 797.3 square yards of concrete with a cost of $7,973.30, and the addition of 90 calendar days to the project due to delays in easement acquisitions. Mr. Napier said the new completion date is proposed to be July 27, 2011. He recommended approving the change order in the amount of $8,233.30 making the new contract amount $1,473,973.70. A Motion to approve this item was made by Council Member Brown and seconded by Council Member Rhonda Rogers. Motion carried, 6 ayes - 0 nays. 16. Deliberate and act on RESOLUTION NO. 2011 -042: A RESOLUTION OF THE CITY COUNCIL OF THE PARIS, TEXAS, APPOINTING MEMBERS TO VARIOUS CITY OF PARIS BOARDS AND COMMISSIONS, IN ACCORDANCE WITH POLICIES AND PROCEDURES FOR STANDING BOARDS, COMMISSIONS AND COMMITTEES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Assistant Chief Randy Tuttle said the Traffic Commission was short two positions and that they had to cancel several meetings for lack of a quorum. City Engineer Shawn Napier said that the Boards of Adjustments had three vacancies, the Building and Standards had one vacancy and the Main Street Board had one vacancy and that several of these Boards had to cancel meetings for lack of a quorum. Council Member Wright recommended that they not make appointments until the new Council was seated. Council Member Rhonda Rogers agreed and referenced the policies and procedures for board appointments. City Clerk Janice Ellis said some of these boards were not advisory and referred matters to the City Council. Ms. Ellis also said without quorums on these boards, the City would not be able to conduct business in a timely manner. A Motion to appoint George Kimbrough to the Traffic Commission and Bryan Glass to the Board of Adjustments was made by Council Member Brown and seconded by Council Member Pickle. Motion carried, 6 ayes — 0 nays. 17. Deliberate and act on a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE GROUNDS SUBLEASE BETWEEN THE RED Regular Council Meeting 1301 May 9,2011 Page 6 RIVER VALLEY FAIR ASSOCIATION AND THE PARIS RODEO AND HORSE CLUB; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mayor Biard said that.City Attorney Kent McIlyar advised him that there was an updated survey that Council had not seen. Mayor Biard said they could act on the item tonight, subject to Kent's approval of the survey and they could bring it back to a future meeting. Mayor Biard said the property had not been re- surveyed in many years. Kent McIlyar said the Lease Agreement presented by Red River Valley Fair Association did not contain a survey, but some type of legal description. Mr. McIlyar said the property description appeared be incorrect, so he referred it to the Engineer Department. He said after review by the Engineering Department, it was determined that the description included part of Clement Road, and the City of course did not want to lease out part of Clement Road as part of the sublease agreement. Mr. McIlyar said that a new survey had been completed and that the Fair Association would need to change their sublease agreement to attach the correct field notes. A Motion to table this item was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 6 ayes — 0 nays. 18. Deliberate and act on RESOLUTION NO. 2011 -043: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING A CONTRACT TO TOTAL ABATEMENT SYSTEMS, CORPORATION FOR THE GRAND THEATER HAZARDOUS MATERIALS REMEDIATION PHASE I PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Shawn Napier said that the City was awarded a $200,000 EPA Brownfield Grant to clean up the Grand Theater and that the City's match for the grant was $40,000. Mr. Napier said Phase I cleanup would encompass the fagade, entry area, sloped hallway and the second floor above the sloped hallway. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 6 ayes — 0 nays. 19. Deliberate and provide direction to City staff pertaining to establishment of non- residential trash and waste collection within the city limits. Mayor Biard said every Thursday for the last eighteen months at 4:30 a.m. his family was awaken by trash trucks. He said that 4:30 a.m. was too early to pick up trash, because it affects residential areas. He said he understood the need for the trucks to get in the areas when vehicles were not blocking dumpsters. Sanitation Solutions owner Josh Bray asked that a map be developed reflecting the residential areas. Mayor Biard said that City staff would develop one. It was a consensus of City Council to bring this item back to a future meeting. Regular Council Meeting 13 0 . ' May 9, 2011 Page 7 20. Deliberate and provide direction to City staff on amending the Code of Ordinances to allow the police department to ticket, tow, and impound any vehicle that is not covered under automobile liability insurance. Council Member Pickle said during their discussion with wrecker companies, they realized that the City of Paris did not have an ordinance that would allow the police department to ticket, tow, and impound vehicles not covered under liability insurance. Chief Hundley said that the City of Dallas had recently passed a similar Ordinance. 21. Deliberate and provide direction to City staff on the creation of a new Parks and Recreation Board. Council Member Rhonda Rogers recommended that a Parks and Recreation Advisory Board be formed to help promote parks and recreation throughout the community. Council Member Wright agreed with Council Member Rhonda Rogers. City Manager Gene Anderson said that he had spoken with Earl Erickson and asked that Council give City staff time to put something together and bring back at a later date. Council Member Rhonda Rogers said she would also like to work on this and Council Member Pickle asked that Main Street Director Cheri Bedford be included. 22. 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. Mayor Biard said that an executive session was not necessary. 23. Reconvene into open. City Council did not have an executive session. 24. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. Not events were referenced. 25. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Mayor Biard. Motion carried, 6 ayes — 0 nays. The meeting was adjourned at 6:36 p.m. Regular Council Meeting May 9, 2011 Page 8 1303 WILL BIARD, MAYOR J NICE ELLIS, CITY CLERK 1304 MINUTES OF TAE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS May 23, 2411 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. Kaufman, Paris, Texas. , Present: Mayor Pro -Tem: Joe 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 Mcllyar, 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 Pro-Tern McCarthy 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 30a' Street to build houses and duplexes. Regular Council Meeting May 23,1011 Page 2 5. Public Announcements. a. Proclamation declaring the month of May as Motorcycle Awareness Month. Ill 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 from 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 -2011) b. Planning and Zoning Commission minutes (4 -4 -2011; 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. Regular Agenda 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 COUNCIL 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 13,04, Regular Council Meeting May 23, 2011 Page 3 DISTRICT 7; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE 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 Zimmerman 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 2011 -077, City Council declared Matt Frierson as elected to office for District 5, because he was an unopposed candidate. In District 7, Kenneth E. Kohis 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, 114 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. 2Q 1 -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 to 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 Regular Council Kleptin11 May 23, 2011: Page 4 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 made 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 OF 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 paragraph 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: Regular Council Meeting May 23, 2011 Page 5 The City Council shall designate a certified public accountant 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 No. 2 and 171 "Against" votes were cast in opposition to Proposition No. 2. 15, Recognition of outgoing Council Members for their service. Mayor Pro -Tern 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, LAMAR COUNTY, TEXAS, LOCATED AT 624 5"' STREET NE PARIS, TEXAS, AS FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED 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 -Tern McCarthy opened the public hearing and asked for 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 -Tern McCarthy closed the public hearing. A Motion to invoke the super majority rule was made by Council Member Pickle and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 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. Regular Council Meeting .t May 23, 2011 Page 1309 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 5TH 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 -Tern 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 -Tern 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. i 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 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 4, BLOCK, 294, CITY OF PARIS, LAMAR COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN 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 Dora 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 11 Regular Council Meeting May 23, 2011 Page 7 . ' 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 so. Mayor Pro -Tern 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 -Tern McCarthy asked for anyone wishing to speak in opposition to this item, 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 on 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 -300 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. 30a' Street, Paris, Texas, he said multi- family dwellings would decrease the value of the surrounding homes. Suzanne Creed, 202 N.E. 30a' Street, Paris, Texas, she said multi- family housing would decrease the value of their homes. Dan Simpson, 391 30'' 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 a -mails from people opposing the zoning change. With no one else speaking, Mayor Pro -Tern McCarthy closed the public hearing. Regular Council Meeting May 23, 2011 Page 8 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 request for zoning change was made by Council Member Pickle and seconded by Council 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 pbssibly act on 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 3, BLOCK 294, PART OF THE JOSEPH LEACH SURVEY, PARIS, LAMAR COUNTY, TEXAS (LOCATED IN THE 200 BLOCK OF 30T" 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 item, 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. Regular Council Meeting May 23, 2011 Page 9 A Motion to invoke the super majority rule was made by Council Member Pickle and x ' 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. 1710 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 30' STREET NE, PARIS, TEXAS) AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "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 SEVERABILITY 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 13 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 item. Mr. Jones said that he wanted to utilize this property as a Day Camp 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, Faimie Slaughter, and Ron Mays. Regular Council Meeting May 23, 2011 Page 10 Mayor Pro -Tem McCarthy asked for anyone wishing to speak in opposition of this item, 1313 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 Member 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 IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING - EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE 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 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. Regular Council Meeting May 23, 2011 Page 11 Mayor Pro -Tem McCarthy recessed the City Council at 7:40 p.m. for a break. Mayor Pro-Tern 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 Commissioners 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 for 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 some members of the NAACP, some members of 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 Regular Council Meeting May 23 201'1 Page 12 THE EXECUTION OF A MEMORANDUM OF AGREEMENT ( "MOA ") WITH THE 13-1 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 FINDINGS 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 PRQVISIONS 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 C.,_: it Member Pickle. Motion carried, 7 ayes - 0 nays. 28. Convene into Exe,_. Live Session pursuant to Section 551.071 of tl- Code, Consultation wiu, Attorney, to receive legal ad• mm the City Attorney about pending or contemplated litigaLi.,,. -:"'/Or on -- ..iers in which the duty of an attorney to his client under the Texas Disciplinary P:.;es of Professional Conduct of the State Bar of Texas clearly conflicts with this ch'.pter. City Council did not convefe into Executive Session. 29. Roconvene in ± -9.Open session. 30. Consider and approve future events for City Council and/or City Staff pursuant to Resol-dan No. 2004 -081. Council Member Rogers reminded everyone of the ribbon cutting for Red River Region ,dusiness Incubator scheduled for Friday at 10:30 a.m. 31. Adjournment. Regular Council Meeting May 23, 2011 Page 13 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. C I J MCCARTHY, MAYOR P - M J ICE ELLIS, CITY CLERK