05-Minutes from the meeting on June 11, 2011CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
07/06/2011
Council Date:
07/11/2011
Originating Department:
City Clerk
Presented By:
Janice Ellis
Agenda Item No.:
5.
RECOMMENDED MOTION:
Motion to approve as presented.
POLICY ISSUE(S):
Approval of Official Record of Council.
BACKGROUND:
Council Minutes from the meeting of June 27, 2011.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
The attached minutes from the meeting
ACTION:
BUDGET INFO:
❑ Financial Report ~ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation ❑ Ordinance
❑ P
H
bli
y'I'D Actual
$
u
c
earing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
* Administration Z City Clerk ❑ Community Development ❑ EMS/IT
❑ Municipal Court ❑ Legal ❑ Libtary ❑ Police ❑ Eng./Public Works
❑ Finance ❑ Fire
❑ Utilities
City of Paris 1 Revised 2/04/08
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MINUTES OF THE REGULAR CITY COUNCIL MEETING
4F 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 Staf£ 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
Openinp- Agenda
1. Call meeting to order.
IVlayor 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.
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Consent A2enda
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 Rhanda 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 (3-15-201 l; 4-19-2011)
d. Board of Adjustment minutes (5-18-2011)
8. Deliberate on May monthly financial report.
9. Deliberate on drainage ditch maintenance report.
Resular Asenda
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.
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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-Tem McCarthy closed the floor for nominations.
Mayor Pro-Tem McCarthy asked for a vote on the nomination of Mayor Pro-Tem
McCarthy for Mayor by a show of hands. Mayor Pro-Tem McCarthy, Council Member Rogers
and Council Member Fierson 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-Tem McCarthy asked for a vote on the nomination of Council Member
Hashmi far 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-Tem McCarthy, Council Member Frierson and Council Member
Grossnickle 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.
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. 2011-01 S:
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 NtILL
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.
Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in
support of this item, to please come forward. Evan and Melanie Butler spoke in support of this
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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 BE1NG 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 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 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
FARIS, 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
SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING ANEFFECTNE
DATE.
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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 PARI5, 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 S1GN 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 EFFECTNE 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.
A Motion to appoint Jack Ashmore, Billy Copeland, Steve Gilbert and Phillip Payne to
the Airport Advisory Board was made by Council Member Pickle and seconded by Council
Member Frierson. Motion carried, 7 ayes - 0 nays.
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Page 6
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 rnembers 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.
A Motion to appoint Gene McWaters to the Paris Economic Development Corporation
Board was made by Council Member Wright.
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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 Hasruni. 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 Mation 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 M:ayor Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays.
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 Ted Nugent, Randy Bunch and Bennie Tschoerner to the Band
Coirunission 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.
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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.
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 praviders 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 ]ike to hear from the police
department. Chief Hundley said they had received complaints after 8:00 p.m. and after 10:00
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Regular Council Meeting
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Page 9
p.m., but that they were allowed to play until l l: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 cavered
under automobile liability insurance.
Chief Hundley said that City Staff was seeking direction on amendments to the Code of
Ordinances to allow the Police Deparhnent 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 TexSure database did nat contain companies who
carry 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
bring back for Council review. Council Members Wright, Grossnickle and Frierson ask for more
time to review the example policies provided to 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, 62°a Judicial District Court, Lamar
County, Texas.
After a brief recess, Mayor Hashmi convened City Council into Executive Sessian at 7:10
p.m.
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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
7`'' at 6:00 p.m.
25. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member
Pickle and was seconded by Jason Wright. Motion carried, 7 ayes - 0 nays. The meeting was
adjourned at 7:25 p.m.
A.J. HASHMI, MAYOR
JANICE ELLIS, GITY CLERK
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