05-Approval of Official Record of Council - 09.26.11 and 09.30.11 MeetingsCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
10/17/2011
Originating Department:
Presented By:
Agenda Item No.:
Council Date:
10/26/2011
City Clerk
Janice Ellis
RECOMMENDED MOTION:
Motion to approve as presented.
POLICY ISSUE(S):
Approval of Official Record of Council.
BACKGROUND:
Council Minutes from the meeting of September 26, 2011 and September 30, 2011.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
The attached minutes from the meetings
ACTION:
BUDGET INFO:
❑ Financial Report ~ Minute Order
Expense
$
❑ Department Report ❑ Resolution
❑ P
Budgeted Amt.
$
resentation ❑ Ordinance
❑ Publi
H
i
❑ O
h
yT'D Actual
$
c
ear
ng
t
er
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration E City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ❑ Legal ❑ Library
❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris y y V 1 Revised 2/04/08
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
September 26, 2011
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
September 26, 2011, at the Gity Council Chamber, 107 E. Kaufinan, Paris, Texas.
Present: Mayor: A.J. Hashmi
Council Members: Joe McCarthy; Robert Avila; John Wright; Richard
Grossnickle; Matt Frierson; and Edwin Pickle
City Staff: Gene Anderson, Interim City Manager/Finance
Direetor; Kent McIlyar, City Attorney; Janice Ellis,
City Clerk; Shawn Napier, City Engineer; Bob
Hundley, Police Chief; Ronnie Grooms, Fire Chief;
and Ron Sullivan, Public Works Director
City Council Kate Maxwell
Student Liaison
Openini! Agenda
Call meeting to order.
Mayor Hashmi called the meeting to order at 5:30 p.m.
2. Invocation.
Bob Bush gave the invocation.
3. Pledge of Allegiance.
Council Member Grossnickle led the pledge.
4. Citizens' forum.
Josie Carrington, 450 N.E.-34" Street - she said that she opposed charging county
citizens to use the library, because students needed access to the library for knowledge.
5. Public Announcements.
a. Proclamation declaring Paris Majors All Star Dixie World Series Champion Day.
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Regular Council Meeting
September 26, 2011
Page 2
Mayor Hashmi read the proclamation declaring Paris Majors A11 Star Dix World Series
Champion Day.
Consent Ap-enda
Mayor Hashmi inquired of Council Members if they wished to pull any items from the
Consent Agenda for discussion. City Council pulled items 8 and 9 for discussion.
A Motion to approve the Consent Agenda was made by Council Member Pickle and
seconded by Council Member Wright. The Council voted seven (7) for and none (0) opposed to
approve and adopt Gonsent Agenda Items 5, 6, 7, 8 and 9.
6. Deliberate and act on the approval of minutes from the meeting on August 19, 201l;
August 22, 2011; August 26, 2011; and August 29, 2011.
7. Receive and deliberate on reports and/or minutes from the following boards,
commissions, and committees:
a. Airport Advisory Board (5-19-201 l; 8-18-2011)
b. Historic Preservation Commission (8-22-2011)
c. Paris Economic Development Corporation (8-9-2011)
8. Deliberate on August monthly financial report.
9. Deliberate on drainage ditch maintenance report.
Regular Ap-enda
10. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2011-040:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
APPROVING AN AMENDED SITE PLAN FOR A PLANNED DEVELOPMENT
D1STRICT - RETAIL SHOPPING CENTER (PD-a), PREVIOUSLY ESTABLISHED
THROUGH THE ADOPTION OF ZONING ORDINANCE NO. 2059, FOR LOT 1,
BLOCK A, MIRABEAU SQUARE 287 ADDITION, BEING LOCATED AT 3450
THROUGH 3590 LAMAR AVE., PARIS, LAMAR COUNTY, TEXAS; MAKING
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. Paul Denney from Denney Architects spoke in
support of this project. Mayor Hashmi asked for anyone wishing to speak in opposition of this
itein, to please came forward. With no one else speaking, Mayor Hashmi closed the public
hearing.
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Regular Council Meeting
September 26, 2011
Page 3
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 Frierson. Motion carried, 7 ayes - 0 nays.
11. First reading, deliberate and possibly act on an ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 20 LIBRARY OF THE
CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS, BY ADDING A NEW
SECTION 20-4, LIBRARY USER FEES, TO SET ANNUAL FEES FOR NON-PARIS
RESIDENT USERS OF THE PARIS PUBLIC LIBRARY; SUCH FEES WOULD
REPRESENT THE COST OF OBTAINING A LIBRARY CARD WH1CH IS
NECESSARY TO CHECK OUT MATERIALS FROM THE LIBRARY OR USE THE
PUBLIC COMPUTERS LOCATED IN THE LIBRARY; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A
REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A
PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
Gene Anderson explained that staff brought this item forward at the direction of City
Couneil. After additional consideration, Mayor Hashmi said that he was not in support of
charging for library cards. Mayor Hashmi expressed his concern for educational needs of
children and said that he wanted a11 children to have access to the public library. Library
Director Priscilla McAnally said approving this ordinance would be bad publicity for the City of
Paris and it was not a revenue generator. City Council discussed this item at length including the
eirculation numbers, educational purposes, revenue, and cost of initiating and tracking annual
fees. Council Member Wright said he would like to get the opinion of City Council Student
Liaison, Ms. Kate Maxwell, on this item. Ms. Maxwell said she agreed with Mayor Hashmi,
because children needed access to the library for educational purposes. Following additional
discussion, it was a consensus of City Council that next year they would approach the County
about contributing to the public library.
A Motion to deny this item was made by Council Member Pickle and seconded by
Council Meinber Frierson. Motion carried, 7 ayes - 0 nays.
12. First reading, deliberate and possibly act on ORDINANCE NO. 2011-041: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING THE 1SSUANCE OF A SOLID WASTE COLLECTION PERMIT TO
WASTE MANAGEMENT OF TEXAS, FOR THE PURPOSE OF ENGAGING IN THE
BUSINESS OF COLLECTING AND/OR TRANSPORTING SOLID WASTE FROM
COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE
CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENI:ENCE
FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND
PR4VISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE
DATE.
Regular Council Meeting
September 26, 2011
Page 4
A Motion ta invoke the super majority rule was made by Council Member Pickle and
seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays.
A Motion to approve this item was made by Council Member Pickle and seconded by
Council Member McCarthy. Motion carried, 7 ayes - 0 nays.
13. Deliberate and act on RESOLUTION NO. 2011-079: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PAR1S, TEXAS, APPOINTING A MEMBER TO THE
HISTORIC PRESERVATION COMMISSION, CITY OF PARIS BOARDS AND
COMMISSIONS, TO FILL THE UNBXPIRED TERM OF MATTHEW COYLE THE
CURRENT LIAISON FOR THE MAIN STREET ADVISORY BOARD, 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.
Shawn Napier said the Historic Preservation Commission had one vacancy due to the
resignation of Matthew Coyle, the current liaison for Main Street. He said that Mr. Coyle would
continue to serve on the Main Street Advisory Board, but that HPC was required to have one
meinber who was currently serving on the Main Street Advisory Board to act as liaison. Mr.
Napier said the City had received one application and it was from Britin Bostick, who was
currently serving on the Main Street Advisory Board.
A Motion to appoint Britin Bostick to the Historic Preservation Commission was inade
by Council Member Pickle and seconded by Council Member McCarthy. Motion carried, 7 ayes
- 0 nays.
14. Deliberate and act on A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, CASTING ALL 730 CITY OF PARIS VOTES FOR AN
INDIVIDUAL TO SERVE ON THE 2012/2013 LAMAR COUNTY APPRAISAL
DISTRICT BOARD OF DIRECTORS; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE
DATE.
Gene Anderson said that Jim Noble's term would be expiring and that he had been asked
if he would like to continue to serve on the Board. Mr. Anderson said that Mr. Noble would be
getting back with him the following week.
A Motion to table this item was made by Council Member Wright and seconded by
Counci] Member Grossnickle. Motion carried, 7 ayes - 0 nays.
15. Deliberate and provide direction to staff on releasing demolition and mow/clean liens on
residential properties sold at trustee sales conducted at the Lamar County Courthouse,
including but not limited to tax liens and city maintenance liens.
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Regular Council Meeting
September 26, 2011
Page 5
Council Member Pickle said that he had asked that items 15 and 16 be placed on the
Agenda and that he would to combine the two items for discussion. It was a consensus of City
Council to combine items 15 and 16.
Council Member Pickle said the City had a lot of vacant lots that they had to mow, and
that he would like to for people to have the opportunity to purchase the lots at a trustee sale. He
also said that when individuals purchase the property, that he would ]ike the property to be free
of any tax liens, mowing liens and/or maintenance liens. Council Member Pickle said this would
put property back on the tax rolls. He recommended that if the person made improveinents on
the property that the tax valuation not include the improvements for a period of up to five years.
Once the term ended, the property would go on the tax rolls for its actual value. Council
Member Grossnickle asked if there was a minimum bid. City Attorney Kent McIlyar said that
the delinquent tax collection law firm that conducts the auctions on the tax foreclosure properties
does look at each property and determine a base value. Council Member McCarthy asked if this
was a deal for builders and contractors to take advantage on properties. Council Member Pickle
said only if they outbid someone. Council Member Avilla and Council Member Wright both
said they thought it was a good deal. Council Member Wright favored a three year term instead
of five years. Council Member Frierson said he liked the idea, because it was an incentive for
people to come into the City and the he favored a three year tax freeze. Mayor Hashmi said it
was a very good idea. City Attorney Kent McIlyar said that Mr. Bolster with Linebarger Gogan
was at the meeting to answer any questions that Council may have regarding these ideas.
Mr. Bolster explained the Tax Code required that tax delinquent property be offered for
sale the first tirne for the appraised value of the property as set by the Lamar County Appraisal
District ar the amount of taxes owed against it, whichever is less. He said frequently that sum of
money does not generate bidders and the property gets struck off. Once the property gets struck
off; the ownership of the property passes to the governmental entities in proportion to the amount
of taxes that are owed to them on the property. He said Paris I.S.D. probably owns the largest
percentage of the property, because the school district tax rate is so much higher than everyone
else. Mr. Bolster said when the property gets struck off for taxes; there is not an issue on mowing
and/or maintenance liens. He said as the owner of the property you carunot have a lien on what
you own. He said if the property gets struck off, then the property is owned by the entities as
trustees and there are no more liens on the property. Mr. Bolster said when the property is re-
sold it is automatically sold free and clear of liens. He also said the area where liens were issues
is the very first sale, and that he believed that the properties had a better chance of being sold at
the first sale if there were no liens. He said when property goes to any kind of tax sale; the City
inight want to consider releasing its liens. Mr. Bolster said prior to property being sold at a tax
sale, they were required to notify all other lien holders of record. He also said if the property
went to a tax sale, it was sold free and clear of their liens. Mr. Bolster noted that the Code does
provide any money that the City has to spend on lots while it is struck off in an entity owned
state and prior to re-sale, the City would get the money before taxes. He gave an example of a
lot where the City was forced to go in and do some type of clean-up for public safety reasons. He
said that the City Attorney's Office provided him with infonnation regarding these occurrences.
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Regular Council Meeting
September 26, 2011
Page 6
Mr. Bolster said he and the City Attorney had discussed ways to re-market these
properties. Mr. Bolster said he thought the way to do this was to do an abatement, similar to
those granted to industries. Mr. Bolster said he initially told Mr. McIlyar that abatements could
not be done on residential property. Mr. Bolster said he had done additional research earlier that
day, and that they could do abateinents on residential property. Mr. Bolster said that a
reinvestment zone would need to be created and that it could only apply to residences that
qualify for assistance under the Federal Housing Community Development Act He said he
thought it was basically low and middle income distressed neighborhoods. Mr. Bolster said that
he read the Act and that it was difficult to figure out the qualifications. He said basically if you
could qualify for some type of Federal assistance in re-developing a neighborhood, then you
could call that neighborhood a residential reinvestment zone and then that means property
owners qualify for abatements. Mr. Bolster stated an Ordinance could be drafted designating the
re-investment zone, but that he thought that the City would have to actually execute an
abatement with each and every individual owner that comes forward, which would be a lot of
paperwork. Mr. Bolster said the abatement works great for someone who purchases a lot and
wants to build a new house. He questioned what happens to an existing house that is old that is
in need of repair. He said there was no limitation in the Tax Code of what could be considered
historical, and that it was up to the City Council to determine what was historical and what was
not historical. Mr. Bolster said he thought that the City could use the historical exemption in the
Tax Code to address property that was purchased and was going to be refurbished. ln summary,
he said there were two ways to handle these items. Mr. Bolster said they could sell the vacant
lots to developers and go with an abatement type of Ordinance. He also said for people who
purchase abandoned property and planned to do a thorough re-furbish of the property, that he
thought that the City could use the historical eXemption in the Tax Code. Mr. Bolster said
every City faced the problem of how to re-develop their distressed neighborhoods and how to get
property back on the tax rolls. Mr. Bolster said they would work closely with the City to do this,
but that it would be a continuing struggle. Mr. Bolster welcomed questions from City Council.
Council Member Pickle said he believed in this and would like to pursue this. Council
Member Wright said they needed to come up with a set of ground rules. NIr. Bolster said the
maximum for an abatement was ten years and that it was not an al1 or nothing proposition. He
said on any abatement the City would still have to tax the individual for the value of the
property. He said that the City could not tell individuals they did not have to pay taxes for three
years, because they would be reguired to pay taxes on the lot value. With regard to dilapidated
structures, Mr. Bolster said the individual would be required to pay the value of the dilapidated
structure for three years and after expiration of that term, the individual would be required to pay
taxes on the real value of the refurbished structure. Council Member Grossnickle asked about
the properties located close to the Rails to Trails and said they were trying to develop safe
sidewalk areas within the City. Council Member Grossnickle inquired about lots that were
struck off could be used for creating safe routes to school, if the property was in the proximity of
the Rails to Trails. Mr. Bolster said that the entities had been very good about working together
for betterment of the community. Mr. Bolster said if the City had a lot they wanted to use far
charitable purposes, to point it out to him and he would do the paperwork to be submitted for
approval by all of the taxing entities. It was a consensus of the City Council that Mr. McIlyar
and Mr. Anderson study these items and bring them back to the City Council.
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Regular Council Meeting
September 26, 2011
Page 7
16. Deliberate and provide direction to staff on freezing improvement valuation on tax
foreclosure properties auctioned by the City of Paris, Trustee for a period not to exceed
five years upon its' sale.
17. Deliberate and provide direction to staff regarding renovation of the old City Council
Chambers.
Mr. Anderson explained that the old City Council Chambers had not had any
maintenance since the mid 1970's with the exception of carpeting, which had been replaced once
during that period. He asked to use the restricted purpose bond proceeds for renovation in an
amount not to exceed $19,000.00. Following a brief discussion, it was a consensus of the City
Council for staff to proceed with renovation of the old City Council Chambers.
18. Deliberate on amending the Ordinance dealing with Emergency Alann Systems to
include permit fees and false alarm fees and provide direction to Staff.
Chief Hundley told the City Council that the Police Department received an average of
1,911 false alarm calls per year and inquired if they wanted to form a committee to study the
issue prior to amending the City's ordinance. Following a brief discussion, it was a consensus of
the City Council for Chief Hundley to bring back a recommendation for amending the
Ordinance.
19. First reading, deliberate and possibly act on ORDINANCE NO. 2011-042: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO TRANSFER
FUNDS FROM UNENCUMBERED APPROPRIATION BALANCES TO OVER-
EXPENDED ACCOUNTS; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A
SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Mr. Anderson explained this was an annual year-end housekeeping Ordinance. He said
that certain individual departmental budgets had to be increased to cover anticipated
expenditures, and that those increases were offset by decreasing other line items which had an
appropriation excess.
A Motion to invoke the super majority rule was made by Council Member Pickle and
seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays.
A Motion to approve this item was made by Council Member Pickle and seconded by
Council Member McCarthy. Motion carried, 7 ayes - 0 nays.
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Regular Council Meeting
September 26, 2011
Page 8
20. Deliberate and act on RESOLUTION NO. 2011-080: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE GROUNDS
SUBLEASE AGREEMENT BETWEEN THE RED 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.
Mr. Anderson said the Red River Valley Fair Association had historically subleased a
portion of the fairgrounds to the Paris Rodeo and Horse Club for the PRHC annual rodeo. He
said the previous lease expired May 1, 2011, that the five year extension option was not
exercised, and that the RRVFA was requesting City Council approve a ten year sublease
following by a five year extension option. He cited the reason as being when the PRHC borrows
money for capital improvements; the lending institution will require at least that kind of term on
the note.
A Motion to approve this item was made by Council Member Pickle and seconded by
Council Member Wright. Motion carried, 7 ayes - 0 nays.
21. Deliberate and act on RESOLtIT1ON NO. 2011-081: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PAR1S, TEXAS, AUTHORIZING AND APPROVING A
LEASE AGREEMENT BETWEEN THE CITY OF PARIS AND ARCHERS FOR
CHRIST FOR THE USE OF CERTAIN PROPERTY AROUND LAKE CROOK;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
AND DECLARING AN EFFECTIVE DATE.
Mr. Anderson said the Archers for Christ had leased this property for the last ten years
and that this proposed lease was for a five year term with an option for an additional five years
term. Mr. Anderson also said there was no dollar compensation for the lease, but that the
Archers agreed to perform a list of covenants identified in the Agreement.
A Motion to approve this item was made by Council Member Pickle and seconded by
Council Member Wright. Motion carried, 7 ayes - 0 nays.
22. Convene into Executive Session:
• Pursuant to Section 551.074 of the Texas Government Code, to deliberate the
appointment, emplo}nnent, evaluation, reassignment, duties, discipline, or dismissal
of a public officer or employee as follows: Annual evaluation of the Interim City
Manager;
• Pursuant to Section 551.074 of the Texas Government Code, to deliberate the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal
of a public officer or employee as follows: Annual evaluation of the City Attorney.
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Regular Council Meeting
September 26, 2011
Page 9
• Pursuant to Section 551.074 of the Texas Government Code, to deliberate the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal
of a public officer or employee as follows: Annual evaluation of the Municipal Court
Judge.
• Pursuant to Section SS l.0'74 of the Texas Government Code, to deliberate the
appointment, employinent, evaluation, reassignment, duties, discipline, or dismissal
of a publie officer ar employee as follows: discuss City Manager applicants.
Mayor Hashmi convened City Council into Executive Session at 6:55 p.m.
23. Reconvene into Open Session, deliberate and possibly take action on those matters
discussed in Executive Session.
Mayor Hashmi reconvened City Council into open session at 7:05 p.m.
24. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004-081.
Council Member Grossnickle said they may need to schedule additional City Manager
interviews.
25. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member
Pickle and was seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. The
meeting was adjourned at 7:05 p.m.
A.J. HASHMI, MAYOR
JANICE ELLIS, CITY CLERK
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MINUTES OF THE SPECIAL CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
September 30, 2011
The City Council of the City of Paris met for a special session at 3:30 p.m. on Friday,
September 30, 2011, at the City Council Chamber, 107 E. Kaufman, Paris, Texas.
Present: Mayor: A.J. Hashmi
Council Members: Joe McCarthy; John Wright; Richard Grossnickle;
Matt Frierson; and Edwin Pickle
City Staff: Kent McIlyar, City Attorney; and Janice Ellis, City
Clerk
l. Call meeting to order.
Mayor Hashmi called the meeting to order at 3:30 p.m.
2. Convene into Executive Session pursuant to Section 551.074 of the Texas Government
Code, to deliberate the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of a public officer or employee as follows: conduct interview of
candidates for the position of City Manager.
Mayor Hashmi convened City Council into Executive Session at 3:32 p.m.
3. Reconvene into open session, deliberate and possibly take action on those matters
discussed in Executive Session.
Mayor Hashmi reconvened City Council into Open Session at 4:45 p.m. and said that the
City Council would be conducting more interviews.
4. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member
Pickle and was seconded by Council Member Frierson. Motion carried, 7 ayes - 0 nays. The
meeting was adjourned at 4:45 p.m.
A.J. HASHMI, MAYOR
JANICE ELLIS, CITY CLERK
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