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06/20111317 MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS June 9, 2011 The City Council of the City of Paris met for a special session at 12:00 p.m. on Thursday, June 9, 201.1, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Absent: Opening Agenda Mayor Pro -Tem: Joe McCarthy Council Members: Jason Rogers; John Wright; Matt Frierson; Edwin Pickle; and Rhonda Rogers City Staff: Gene Anderson, Interim City Manager/Finance Director; Kent Mellyar, City Attorney, Janice Ellis, City Clerk; and Shawn Napier, City Engineer Council Members: Richard Grossnickle 1. Call meeting to order. Mayor Pro -Tem McCarthy called the meeting to order at 12:15 p.m. 2. Invocation. Pastor Kenneth Rogers gave the invocation. 3. Pledge of Allegiance. Council Member Frierson led the pledge. Regular Agenda 4. Receive, deliberate and possibly act on information from Robert T. Bass, Allison, Bass & Associates regarding 2010 Census data and evaluation of demographics as it relates to the possible need for redistricting of City Council political boundaries within the City of Paris. Bob Bass of Allison, Bass & Associates gave a presentation regarding the 2010 Census and the need for redistricting City Council political boundaries within the City of Paris. r Special Council Meeting June 9, 2011 Page 2 Mr. Bass explained the process to include dividing the total population of the City of Paris and dividing it by the seven single member districts. Mr. Bass said the total population of Paris was 25,171, which means the ideal population of each district would be 3,596. He also said that Districts 1 and 2 were under populated, while Districts 4 and 7 were over populated. Mr. Bass advised City Council that they should redistrict, because there were only a few percentage points separating the City of Paris from the 10% maximum standard of total maximum deviation and his goal was to get the City under 5 %. Mr. Bass said that it was going to be a challenge to add percentages to Districts 1 and 2. Council Member Rhonda Rogers said that she would like the map cleaned up and did not think they should be concerned about incumbents and location of polling places. Mayor Pro -Tem McCarthy agreed. Council Member Rhonda Rogers also said that she would like to strike paragraph 8 from Exhibit "A" of the Order. Mr. Bass said there were two options with regard to proceeding with the redistricting process, one was to let the City Council give direction and draft a document locally and the other option was that his firm would draft a document. It was a consensus of the City Council to have Mr. Bass' firm draft the redistricting document. Mr. Bass told the City Council that he would work on the plan and forward it to them and subsequently, they would have another session to discuss it. Council Member Pickle asked Mr. Bass tp e-mail the plan to Gene Anderson, so that Mr. Anderson could forward it to all of the Council Members. Mr. Bass said they need to have the proposal to Washington by August I", and that his goal was to get a plan to them within ten days. 5. Deliberate and possibly act on a Resolution adopting an Order establishing criteria for redistricting of the City of Paris political boundaries; and authorizing the Mayor or the Mayor Pro -Tem to execute all necessary documents. No action was taken on this item. 6. Deliberate and possibly act on a Resolution adopting an Order calling for the redistricting of political boundaries and City Council Districts within the City of Paris; and authorizing the Mayor or the Mayor Pro -Tem to execute all necessary documents. No action was taken on this item. 7. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Frierson. Motion carved, 6 ayes — 0 nays. The meeting was adjourned at 1:25 p.m. C E MCCARTHY, MAYOR -TEM ICE ELLIS, CITY CLERK MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS June 13, 2011 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, June 13, 2011, at the City Council Chamber, 107 E. Kaufinan, 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; and Kent Klinkerman, EMS Director Opening Agenda Call meeting to order. Mayor Pro -Tern McCarthy called the meeting to order at 5:34 p.m. 2. Invocation. Reverend Coyle gave the invocation. 3. Pledge of Allegiance. Council Member Rhonda Rogers led the pledge. 4. Citizens' forum. Mary Clark, 3160 Allen, representative for the Diversity Task Force - she said the Task Force began three and one -half years ago to address racial issues. She said that she hoped that the Paris initiative would begin, expressed support to whichever group gets the contract and encouraged the City of Paris to make a financial contribution toward the costs of the contract. Patsy Carcuff — she said she had a drainage problem and had been to the City Council in the past about this problem. She also said that it would be the right thing to fix the problem, because the City did not follow through on the elevation of two properties. Roberto Epperson, 2120 College — she said that she was offended by the personal attacks on St. Paul Baptist Church. Regular Council Meeting June 13, 2011 Page 2 James Price, 1230 Shiloh, and President of the NAACP local chapter - he invited everyone to attend the June 19th celebration by participating in the parade on Saturday, June 18th, beginning at 10:30 a.m. Charlotte Coyle, 3090 Oak Creek — she invited everyone to attend the next diversity dinner table scheduled for August 18th. Kenneth Rogers, 3115 Stacy Lane, Pastor for St. Paul Baptist Church, NAACP Member, and Diversity Task Force Member — he said he supported the diversity initiative for the City, he hoped that the Seattle Company was successful and encouraged the City to help fund the initiative. He said a person should be able to ask questions about a process, without getting personally attacked. He said his issue with the Council was that a few weeks ago the NAACP accused one of the Council Members of having racist behavior, and that person retaliated against him and his church. He said he would like a public apology for his church and for his family from the City of Paris. Ruth Ellen Grant, 625 S.E. 26th Street — she said would hope that the definition of diversity would expand beyond the definition of race, and include gender, national origin and religion. She said if not, the lessons of Challenge Day had not been learned. Ray Banks, 3450 Robin Road — he questioned why the Code of Ethics wasn't mentioned when We -Stow had an item before the Council and questioned that the City Council could pass the water and sewer rate ordinance with a super majority vote. Billy Bell, 2054 Cleveland — he said he had a problem with the $7,500 for diversity training being funded from the Council training budget. Consent Agenda Mayor Pro -Tem McCarthy 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 Rhonda Rogers and seconded by Council Member Pickle. The Council voted six (6) for and none (0) opposed to approve and adopt Consent Agenda Items 5 and 6. 5. Deliberate and act on the approval of minutes from the meeting on May 23, 2011. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Building and Standards Commissions (3 -21 -2011) b. Board of Adjustment (3 -23 -2011) c. Paris Public Library Advisory Board (3-16-2011; 4 -2011) Regular Council Meeting June 13, 2011 Page 3 d. Historic Preservation Commission (4 -13 -2011) e. Planning & Zoning Commission (5 -2 -2011) ReeWar Agenda 7. Presentation of water and sewer rate study by J Stowe & Company. First reading, deliberate and possibly act on ORDINANCE NO. 2011-017: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTIONS 34- 22(b), WATER RATES, SECTION 34- 23(a), (b) AND (c), SEWER RATES, TO REFLECT CHANGES RECOMMENDED BY THE 2011 WATER AND SEWER RATE STUDY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Gene Anderson told the City Council that the last water and sewer rate increase occurred in August 2008. Mr. Anderson also said that the current water and wastewater rates were not sufficient to meet the test year budgeted revenue requirements and the City's Rate Maintenance Policy. Darrell Cline with J Stowe & Company gave a presentation on the 2011 Cost of Service Study. In summary, he told the City Council that he recommended that the City increase its current retail residential water rates by 2.7 %, its current retail commercial water rates by a 5.4% and its current retail wastewater rates by 13.0 %. Mr. Cline said the propose increases meant the current residential water and sewer average bill would be increased monthly by $3.81, and the commercial water and sewer bill would be increased monthly by $5.43. A Motion to invoke the super majority rule was made by Council Member Pickle and seconded by Council Member Grossnickle. Motion carried, 6 ayes — 0 nays. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Grossnickle. Motion carried, 6 ayes — 0 nays. 8. Deliberate and act on the Preliminary Plat, Final Plat and Right -of -Way variance request for Lot 1, Block A, Burress 128 Addition, located at 1215 Bonham Street. Subject to the City Engineer's recommendations, a Motion to approve this item was made by Council Member Wright and seconded by Council Member Pickle. Motion carried, 6 ayes — 0 nays. 9. Deliberate and approve City staffs proposal to address the existing two -way radio communication issues. Chief Hundley explained that the City and other public entities were being mandated to update their two -way communication systems, so that they were both digital and interoperable by 2015. He said the approximate cost was $570,000, and that staff recommended transitioning Regular Council Meeting June 13, 2011 Page 4 over four budget cycles beginning with the current fiscal year 2010 -11. Chief Hundley told the Council estimated costs for Phase I was $183,686 and would be accomplished by grant money in the amount of $93,814; $54,872 from reserves; and $35,000 from the 2010 -11 budget. A Motion to approve staff's proposal was made by Council Member Rhonda Rogers and seconded by Council Member Frierson. Motion carried, 6 ayes — 0 nays. 10. Deliberate and act on a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 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. In order that District 7 have a representative seated, a Motion to postpone this item until after the runoff election for District 7 was made by Council Member Wright and seconded by Council Member Pickle. Motion carried, 6 ayes — 0 nays. 11. Deliberate and act on RESOLUTION NO. 2011 -050: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL MANAGEMENT SERVICES AGREEMENT TO IMPLEMENT A CONTRACT ADMINISTRATION SYSTEM UNDER THE GENERAL DIRECTION OF THE TDHCA HOME PROGRAM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Gene Anderson said that the award of a TDHCA Home Program would benefit low income persons. Mr. Anderson also said that the City traditionally used a third party administrator for grants and that the administrative fees would be 4% of the grant award. 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. 12. Deliberate and act on participating in the funding of the Paris Diversity Initiative sponsored by PEDC and the Texas Workforce Commission. A Motion to remove this item from the table was made by Council Member Rhonda Rogers and seconded by Council Member Frierson. Motion carried, 6 ayes — 0 nays. Mr. Anderson said at the PEDC Board meeting on May 10, 2011, they 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 also said this was a non - budgeted item and would likely require a budget amendment at the end of the fiscal year. Regular Council Meeting June 13, 2011 Page 5 Council Member Pickle asked that the e-mail from Council Member Jason Rogers be read aloud. Mr. Anderson read the letter (See Exhibit "A" attached). A Motion to approve funding and direct Gene Anderson to decide which account to get the money from for the funding was made by Council Member Pickle and seconded by Council Member Wright. Motion carried, 6 ayes — 0 nays. PEDC Director Steve Gilbert said he would be glad to answer any questions from City Council regarding this item. Council Member Grossnickle inquired if there were minorities on the PEDC Board. Mr. Gilbert said there were no minority voting members on the PEDC Board, but that the original review committee was made up of 25% female members and 50% African American members. Council Member Grossnickle wanted to know if the sole decision was based on the lowest bidder. Mr. Gilbert answered in the affirmative citing that the difference of $30,000 was the determining factor, and that all three bidders were minority companies. Mr. Gilbert said that PEDC planned to form a Task Force for this project, which would include the City, County, Diversity Task Force and the NAACP. 13. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. None were referenced. 14. Adjournment. There being no further business, the meeting was adjourned at 6:59 p.m. E MCCARTHY, MAYOR PRO -TEM ICE ELLIS, CITY CLERK Edwin Pickle From: Jason Rogers Drogers @paristexas.gov] Sent: Sunday, June 12, 2011 3:37 PM To: RICHARD GROSSNICKLE Cc: Janice Ellis; Gene Anderson; Kent Mcllyar; helpjoemyself @yahoo.com; John Wright; Rhonda Rogers; Matt Frierson; Edwin Pickle Subject: Re: Monday's Council Meeting I too am in support of the City helping with funding. I wish the city would consider giving more. I don't think $7,500 says that we are serious about dealing with the issues. But I understand we have to start somewhere. I pray that we are not giving a cosmetic solution to a deeply internal issue. I also pray that all of us will take this very seriously and not use this as a platform for some type of political gain. In my eyes this is extremely important and I would hate to see it trivialized by anyone trying to make themselves look good, or trying to make anyone else look bad. Yours in Service, Jason Rogers P.S. This is an e -mail, not a text message. I know it can be hard for some to tell the difference sometimes. On Jun 12, 2011, at 1:56 PM, "RICHARD GROSSNICKLE" - > wrote: I too will have to miss the Monday meeting unless we make great time returning from our trip to Chicago which began last Thursday morning. This trip was booked in February before I had decided to run for election and could not be cancalled. I will try to make it if I can, even if I arrive late. I know that I cannot vote in absentia, but I would like to go on the record as being in favor of the City making a $7500 contribution from any excess funds not used in the budget to the diversity initiative after speaking with Steve Gilbert and others about the selection process, I believe the the decision came down to selecting the lowest bid from three quality presentations. I do not believe that there was any racial bias as all three companies were minority firms from what I was told. I hope those present at the meeting will join in supporting the PEDC in this worthy endeavor. Richard Grossnickle On Sat, Jun 11, 2011 at 7:39 PM, Jason Rogers <iroyers aristexas. ;ov> wrote: Council Members, I apologize for the late notice, but despite my best efforts business has prevented me from being back in town in time to attend Monday's meeting. Yours in Service, EXHIBIT "A" 1332 MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS June 21, 2011 The City Council of the City of Paris met for a special session at 5:30 p.m. on Tuesday, June 21, 2011, at the City Council Chamber, 107 E. Kaufinan, 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; and Janice Ellis, City Clerk Opening Agenda 1: Call meeting to order. Mayor Pro-Tern McCarthy called the meeting to order at 5:31 p.m. 2. Invocation. Reverend Price gave the invocation. 3. Pledge of Allegiance. Council Member Wright led the pledge. Regular Agenda 4. Deliberate and act on RESOLUTION NO. 2011-051: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS -, TEXAS, CANVASSING THE RETURNS FOR THE JUNE 18, 2011, RUNOFF ELECTION FOR COUNCIL DISTRICT 7; DECLARING THE WINNER IN SAID ELECTION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. City Clerk Janice Ellis said that there were 705 votes cast in the District 7 Runoff Election, and that A.J. Hashmi received 289 early votes and 127 votes on Election Day totaling 416 votes, and that Rhonda Rogers received 211 early votes and 78 votes on Election Day totaling 289 votes. Canvass of the returns reflected that A.J. Hashmi received the majority Special Council Meeting June 21, 2011 Page 'Z number of votes cast and was elected to serve as Council Member for District 7 for the next ensuing two (2) years. 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. 5. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 5:36 p.m. r r NICE ELLIS, CITY CLERK N 1333 MINUTES OF THE REGULAR CITY COUNCIL MEETING 1331 4 OF THE CITY OF PARIS, TEXAS '= } June 27, 2011 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, June 27, 2011, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Joe McCarthy; Jason Rogers; John Wright; Richard Grossnickle; Matt Frierson; and Edwin Pickle 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 Pro -Tem McCarthy called the meeting to order at 5:32 p.m. 2. Invocation. City Engineer Shawn Napier gave the invocation. 3. Pledge of Allegiance. Mayor Pro -Tem McCarthy led the pledge. 4. Citizens' forum. Jean Schweers, 5005 Old Clarksville Road — she introduced herself and said that she had made application to serve on the Traffic Commission. 5. Public Announcements. a. Proclamation declaring Scleroderma Awareness in the City of Paris. Mayor Pro -Tem McCarthy presented Jean Shannon and Laurie Badgley with a proclamation declaring Scleroderma Awareness. Regular Council Meeting June 27, 2011 Page 2 Consent Agenda 3-35 Mayor Pro -Tem McCarthy 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 Rhonda Rogers and seconded by Council Member Wright. The Council voted seven (7) for and none (0) opposed to approve and adopt Consent Agenda Items 5, 6, 7, 8, and 9. 6. Deliberate and act on the approval of minutes from the meetings on June 9, 2011; June 13, 2011; and June 21, 2011. 7. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Airport Advisory Board minutes (2 -24 -2011) b. Paris Historic Preservation Commission minutes (5 -17 -2011; 5 -23 -2011) c. Main Street Advisory Board minutes (3 -15 -2011; 4 -19 -2011) d. Board of Adjustment minutes (5 -18 -2011) f 8. - Deliberate on May monthly financial report. 9. Deliberate on drainage ditch maintenance report. Regular AFenda 10. Recognition of outgoing Council Member Rhonda Rogers for her service. Mayor Pro -Tem McCarthy presented a plaque to Council Member Rhonda Rogers expressing appreciation for her years of service to the City. 11. Issuance of Certificate of Election; Administer Statement of Elected Officer to Council Member and Administer Oath of Office to newly elected Council Member. City Clerk Janice Ellis issued the Certificate of Election; Administered the Statement of Elected Officer and Administered the Oath of Office to Dr. A.J. Hashmi. 12. Election by City Council of Mayor and Mayor Pro -Tem to serve the City of Paris for the next year. Mayor Pro -Tem McCarthy opened the floor to accept nominations for Mayor. A Motion to nominate Mayor Pro -Tem McCarthy to serve as Mayor was made by Council Member Rogers. Regular Council Meeting June 27, 2011 Page 3 A Motion to nominate Council Member Hashmi to serve as Mayor was made by Council Member Grossnickle. Mayor Pro -Tem McCarthy asked if there were other nominations and being no other nominations, Mayor Pro -Tern McCarthy closed the floor for nominations. Mayor Pro -Tern McCarthy asked for a vote on the nomination of Mayor Pro -Tem McCarthy for Mayor by a show of hands. Mayor Pro-Tern McCarthy, Council Member Rogers and Council Member Frierson raised their hands. Motion failed, 3 ayes — 4 nays, with Council Member Pickle, Council Member Wright, Council Member Grossnickle and Council Member Hashmi casting the dissenting votes. Mayor Pro-Tern McCarthy asked for a vote on the nomination of Council Member Hashmi for Mayor by a show of hands. Council Member Grossnickle, Council Member Wright, Council Member Hashmi, and Council Member Pickle raised their hands. Motion carried, 4 ayes — 3 nays, with Mayor Pro-Tern McCarthy, Council Member Frierson and Council Member Rogers casting the dissenting votes. Council Member Hashmi was declared to serve as Mayor. Mayor Hashmi opened the floor to accept nominations for Mayor Pro -Tem. f Council Member- Rogers inquired of Council Member McCarthy if he would accept a nomination for Mayor Pro-Tern and Council Member McCarthy declined. A Motion to nominate Richard Grossnickle to serve as Mayor Pro -Tem was made by Mayor Hashmi. With no other nominations being made, Mayor Hashmi closed the floor nominatins. Mayor Hashmi asked for a vote on the nomination of Richard Grossnickle for Mayor Pro - Tem by a show of hands. Mayor Hashmi, Council Member Wright, Council Member Pickle, Council Member Frierson, and Council Member Grossnickle raised their hands. Motion carried, 5 ayes — 2 nays, with Council Member McCarthy and Council Member Rogers casting the dissenting votes. Council Member Grossnickle was declared to serve a Mayor Pro -Tem. 13. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2011-018: 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 FROM LOW DENSITY RESIDENTIAL (LDR) TO COMMERCIAL (C), AS IT PERTAINS TO A 2.83 ACRE TRACT OF LAND BEING PART OF THE ENOCH CROW SURVEY #208, LOCATED AT 4680 PINE MILL ROAD, PARIS LAMAR COUNTY, 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. Regular Council Meeting June 27, 2011 Page 4 Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in 1237' support of this item, to please come forward. Evan and Melanie Butler spoke in support of this item. Mayor Hashmi asked for anyone wishing to speak in opposition of this item, to please come forward. With no one else speaking, Mayor Hashmi 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 Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 14. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2011-019: 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 A 2.83 ACRE TRACT OF LAND BEING PART OF THE ENOCH CROW SURVEY #208, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, LOCATED AT 4680 PINE MILL ROAD, PARIS, TEXAS, FROM AN AGRICULTURAL DISTRICT (A) TO A COMMERCIAL DISTRICT (C); DIRECTING A CHANGP- 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 Hashmi opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. There were no additional persons speaking in support of this item. Mayor Hashmi asked for anyone wishing to speak in opposition of this item, to please come forward. With no one speaking, Mayor Hashmi 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 Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 15. Public hearing, first reading, deliberate, and possibly act on ORDINANCE NO. 2011- 020: 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 9, CITY BLOCK 313 PARIS, LAMAR COUNTY, TEXAS AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, LOCATED AT 3930 LAMAR AVENUE FROM AN AGRICULTURAL DISTRICT (A) TO A GENERAL RETAIL DISTRICT (GR); DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A Regular Council Meeting June 27, 2011 Page 5 33 SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. As representative of the seller of this property, Mary Ann Hood spoke in support of this item. Mayor Hashmi asked for anyone wishing to speak in opposition of this item, to please come forward. With no one else speaking, Mayor Hashmi 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 Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 16. First reading, deliberate, and possibly act on ORDINANCE NO. 2011 -021: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC CONTROL MAP ADOPTED IN SECTION 31 -65, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; ESTABLISHING A STOP SIGN ON PROVINE STREET AT 3RD STREET NW STOPPING EAST- BOUND AND WEST -BOUND TRAFFIC; 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 invoke the super majority rule was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Grossnickle. Motion carried, 7 ayes — 0 nays. 17. Deliberate and act on RESOLUTION NO. 2011 -052: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 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. A Motion to postpone this item and schedule a special meeting was made by Council Member McCarthy and seconded by Council Member Wright. Motion failed, 3 ayes — 4 nays, with Mayor Hashmi, Council Member Grossnickle, Council Member Frierson, and Council Member Pickle casting dissenting votes. Mayor Hashmi opened the floor for nominations for appointments. Regular Council Meeting June 27, 2011 Page 6 A Motion to appoint Jack Ashmore, Billy Copeland, Steve Gilbert and Phillip Payne to 1339 the Airport Advisory Board was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. A Motion to appoint Vicki Ballard to the Building and Standards Board was made by Council Member Rogers. A Motion to appoint Zach Saffle and Don Wilson was made by Council Member Pickle. It was a consensus of City Council to appoint Vicki Ballard, Zach Saffle and Don Wilson to the Building and Standards Board. A Motion to appoint David Stewart, Britin Bostick and Ben Vaughn to the Historic Preservation Commission was made by Council Member Pickle and seconded by Council Member Grossnickle. Motion carried, 7 ayes — 0 nays. Library Director Priscilla McAnally said that the Library Advisory Board had four vacancies. A Motion to appoint Pat Brooks to serve on the Library Advisory Board was made by Council Member Wright and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. A Motion to appoint Linda Vandiver to serve on the Library Advisory Board was made by Council Member Pickle and seconded by Council Member Grossnickle. Motion carried, 7 ayes — 0 nays. A Motion to appoint Alice Woodard to serve on the Library Advisory Board was made by Mayor Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. A Motion to appoint Francine Neeley to serve on the Library Advisory Board was made by Council Member Grossnickle. Library Director Ms. McAnally said that Ms. Neeley did not live in the City of Paris. Council Member Grossnickle withdrew his Motion. Council Member Pickle inquired if they had to live in the City. Ms. McAnally said the Board's Bylaws did not require that members live in the City, but that a couple of years ago the City Council preferred that board members live in the City. A Motion to appoint Francine Neeley to serve on the Library Advisory Board was made by Council Member Frierson and seconded by Council Member Grossnickle. Motion carried, 7 ayes — 0 nays. Council Member Pickle said that there would be an additional vacancy on Main Street, because they had appointed Britin Bostick to Historic Preservation Commission. A Motion to appoint Kari Daniel, Bill Harris, Nancy Anderson, and Michael Cody to serve on Main Street was made by Council Member Pickle and seconded by Council Member Frierson. Motion. carried, 7 ayes — 0 nays. 1340 Regular Council Meeting June 27, 2011 Page 7 Council Member Wright inquired as to Josh Bray's application to serve on the PEDC Board. City Clerk Janice Ellis told Council that she did not include the application in their Agenda packets, because Mr. Bray had a conflict. City Attorney Kent McIlyar referred City Council to the Code of Ethics that Council adopted in May of 2010, and said that an officer was defined as a City Council Member, City Board and Commission Member, or a City Employee. Mr. McIlyar said that under Section 2 -303 of the Code of Ethics, "No city officer, employee or advisory board member, or their spouses, shall knowingly engage in any purchase or sell of property, goods, or services with the City." Mr. McIlyar said that sub - section 11 states that "No officer shall transact any business in his or her official capacity with the City, with a business entity in which he has a substantial interest." Mr. Mcllyar said Josh Bray was the President of Sanitation Solutions, who had just got the City landfill contract in 2011, and that was what would prevent him from serving on the PEDC Board. Mr. McIlyar said the City Council adopted the Code of Ethics and they could change the Code if they felt the Code of Ethics was too restrictive. A Motion to appoint Gene McWaters to the Paris Economic Development Corporation Board was made by Council Member Wright. A Motion to appoint Kenny Dority and Vic Ressler to the Paris Economic Development Corporation was made by Council Member Pickle. A Motion to appoint Bruce Carr to -the Paris Economic Development Corporation was made by Council Member McCarthy. Mayor Hashmi asked for a vote on Council Member Wright's Motion to appoint Gene McWaters. Those voting in favor were Council Member Wright, Council Member Grossnickle and Mayor Hashmi. Motion failed, 3 ayes — 4 nays, with Council Member McCarthy, Council Member Rogers, Council Member Frierson, and Council Member Pickle casting the dissenting votes. Mayor Hashmi asked for a vote on Council Member Pickle's Motion to appoint Kenny Dority. Those voting in favor were Mayor Hashmi, Council Member McCarthy, Council Member Rogers, Council Member Grossnickle, Council Member Frierson, and Council Member Pickle. Motion carried, 6 ayes — 1 nay, with Council Member Wright casting the dissenting vote. Mayor Hashmi asked for a vote on Council Member Pickle's Motion to appoint Bruce Carr. Motion carried, 7 ayes — 0 nays. A Motion to appoint Jerry Akers to the Planning and Zoning Commission was made by Council Member Grossnickle and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. A Motion to appoint Keith Flowers to the Planning and Zoning Commission was made by Mayor Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. Regular Council Meeting June 27, 2011 �P4g 8 A Motion to appoint Holland Harper to the Planning and Zoning Commission was made by Council Member Pickle and seconded by Council Member Rogers. Motion carried, 7 ayes — 0 nays. °` A Motion to appoint Kenneth Millsap and Jean Schweers to the Traffic Commission was made by Council Member Pickle and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. A Motion to appoint Tom Nugent, Randy Bunch and Bennie Tschoerner to the Band Commission was made by Council Member Pickle and seconded by Council Member Grossnickle. Motion carried, 7 ayes — nays. A Motion to appoint Marilyn Smith and Jerry Haning to the Board of Adjustment was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. As Mayor Hashmi was moving to item 18, Bristin Bostic asked if she could approach the podium concerning her appointment to Historic Preservation Commission. A Motion to reopen item 17 was made by Council Member Frierson and seconded by Council Member Grossnickle. Motion carried, 7 ayes — 0 nays. Ms. Bostic said she wished to decline the appointment to the Historic Preservation Commission, because she wanted to continue to serve on Main Street. She said she was under the impression that she could serve on both boards. A Motion to rescind the appointment of Ms. Bostic to HPC was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. A Motion to remove newly appointed Nancy Anderson from Main Street was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. A Motion to appoint Nancy Anderson to HPC was made by Council Member Pickle and seconded by Member Frierson. Motion carried, 7 ayes — 0 nays. 18. Deliberate and act on RESOLUTION NO. 2011 -053: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; AWARDING A CONTRACT FOR THE DEMOLITION AND DISPOSAL OF DILAPIDATED STRUCTURES IN THE CITY OF PARIS TO SANITATION SOLUTIONS, THE LOWEST RESPONSIBLE BIDDER; 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. 1342 Regular Council Meeting June 27, 2011 Page 9 A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Wright. Motion carried, 7 aps- 0 nays. 19. Deliberate and provide direction on amendments to Noise Ordinance (establishment of non - residential trash and waste collection within the city limits and /or operating hours for businesses holding outdoor concerts. Gene Anderson said that the former Mayor had requested operation time limitations be placed on sanitation pickup in or near residential areas. Mr. Anderson inquired if Council wanted staff to meet with local providers about this issue. It was a consensus of City Council for staff to meet with the local providers and bring this item back to a future meeting. In addition, Mr. Anderson told City Council that Council Member Wright stated that he had received several complaints from city residents about late night noise coming from the area where Buffalo Joes and Crosswire clubs were located. Council Member Grossnickle said that he can hear music from Buffalo Joes at his residence, but noted that they generally concluded their program by 10:00 p.m. Council Member Wright said that he would like to hear from the police department. Chief Hundley said they had received complaints after 8:00 p.m. and after 10:00 p.m., but that they were allowed to play until 11:00 p.m. on weekends. Council Member Wright said that he would like to see the call information regarding noise complaints. Chief Hundley said that he would bring the information back to the next Council meeting. 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. Chief Hundley said that City Staff was seeking direction on amendments to the Code of Ordinances to allow the Police Department to ticket, tow, and impound any vehicle that is not covered under automobile liability insurance. Chief Hundley said steps to verify coverage included, but were not limited to contacting the driver's insurance company; contacting the driver's insurance agent; contacting a parent if dealing with a minor; contacting the lien holder and checking through TexSure database. He also said if the officer had any doubts, he would have the option of not impounding the vehicle. Council Member Frierson said there was a flaw in determining liability insurance, because T"Sure database did not contain companies who cant' insurance. Council Member Rogers expressed concern that this ordinance might make it more difficult for low income persons. Council Member Grossnickle said there could be a potential problem with leaving discretion to the officers. Mayor Hashmi suggested that the first time a person was in this situation, that he or she might be given a warning and then towed on a second offense. It was a consensus of the City Council to have Chief Hundley to review, write a policy and bring it back to the City Council. 21. Deliberate on travel policy. Mayor Hashmi asked for input from each Council Member. Council Members McCarthy and Rogers both said they would like for the City Manager and City Staff to draft a policy to Regular Council Meeting June n,;20ju Page 10 bring back for Council review. Council Members Wright, Grossnickle and Frierson ask for more time to review the example policies provided T' them. Mr. Anderson asked the Council Members to contact him once they had reviewed the examples, in order to allow him time to put a policy together. 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, as follows: City of Paris, Texas vs. Housing Associates and Daniel Allgeier, Cause No. 77918, 62nd Judicial District Court, Lamar County, Texas. After a brief recess, Mayor Hashmi convened City Council into Executive Session at 7:10 p.m. 23. Reconvene into open session. Mayor Hashmi reconvened City Council into open session at 7:22 p.m. 24. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. Mayor Hashmi invited everyone to the ribbon cutting for the District Offices open house scheduled for Saturday, July 9th at 10:00 a.m. Council Member Rogers said he was going to give a report on his visit with the President at the NAACP meeting, and invited everyone to attend the meeting scheduled for Thursday July 7th at 6:00 p.m. 25. Adjournment. There being no further business, a Motion to Pickle and was seconded by Council Member Wright. meeting was adjourned at 7:25 p.m. J ICE ELLIS, CITY CLERK adjourn was made by Council Member Motion carried, 7 ayes — 0 nays. The