02.25.13 MINUTESMINUTES OF THE REGULAR CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
February 25, 2013
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
February 25, 2013, at the City Council Chamber, 107 E. Kaufman, Paris, Texas.
Present: Mayor: A.J. Hashmi
Council Members: Aaron Jenkins; Billie Lancaster; John Wright;
Richard Grossnickle; Matt Frierson; and Cleonne
Drake
City Staf£ John Godwin, City Manager; Kent McIlyar, City
Attorney; Janice Ellis, City Clerk; Gene Anderson,
Finance Director; Kent Klinkerman, EMS Director;
Alan Efrussy, Planning Director; Shawn Napier,
City Engineer; Larry Wright, Fire Chief; Bob
Hundley, Police Chief; and Doug Harris, Utilities
Director
Oaenin� Agenda
1. Call meeting to order.
Mayor Hashmi called the meeting to order at 5:30 p.m.
2. Invocation.
Pastor Bob Bush gave the invocation.
3. Pledge of Allegiance.
Council Member Grossnickle led the pledge.
4. Citizens' forum.
Beulah Fuller, 1360 W. Campbell — she complained of fifteen barking dogs in her
neighborhood.
Consent A�enda
Mayor Hashmi asked for a motion to bring item 11 from the table. A Motion to bring
item 11 from the table was made by Council Member Frierson and seconded by Council Member
Drake. Motion carried, 7 ayes — 0 nays.
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February 25, 2013
Page 2
11. Approve a contract with Hayter Engineering to provide engineering services for the
reconstruction of a portion of South Collegiate Drive.
Mayor Hashmi said he was in favor in doing the projects, but wanted assurance that the
City could do the projects from the remaining fund balance and inquired if this had been cleared
through the bond attorney. Finance Director Gene Anderson informed City Council he had
spoken with bond counsel Dan Culver and Mr. Culver told him there was no legal reason that the
projects could not be done from the balance of the funds.
A Motion to approve a contract with Hayter Engineering was made by Council Member
Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays.
Mayor Hashmi said that item 13 had been pulled from the agenda.
Mayor Hashmi inquired of Council Members if they wished to pull any items from the
Consent Agenda for discussion. None were referenced.
With the exception of item 13, a Motion to approve the Consent Agenda was made by
Council Member Drake and seconded by Council Member Frierson. Motion carried, 7 ayes — 0
nays.
5. Approve the minutes from the City Council meeting ori February 11, 2013.
6. Receive reports and/or minutes from the following boards, commissions, and committees:
a. Library Advisory Board (12-19-2012)
b. Airport Advisory Board (12-20-2012)
c. Historic Preservation Commission (1-28-2013)
7. Receive January monthly financial report.
8. Receive January drainage ditch maintenance report.
9. Receive dilapidated structure report.
10. Discuss possible future amendments to the City of Paris Charter.
12. Award a bid to Richard Drake Construction Co., LP to reconstruct certain sidewalks on
Bonham Street, Grand Avenue, and 7`" Street S.W.
13. Approve change order number one with Richard Drake Construction Co., L.P. to
reconstruct certain sidewalks on Bonham Street, Grand Avenue, and 7th Street S.W.
(removed from agenda)
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February 25, 2013
Page 3
14. Approve RESOLUTION NO. 2013-009: A RESOLUTION OF THE CITY COLTNCIL
OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE
EXECUTION OF A PROFESSIONAL MANAGEMENT SERVICES AGREEMENT
WITH RESOURCE MANAGEMENT AND CONSULTING COMPANY 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.
15. Approve RESOLUTION NO. 2013-010: A RESOLUTION OF THE CITY COLTNCIL
OF THE CITY OF PARIS, TEXAS, CALLING A BOND ELECTION IN THE CITY
OF PARIS, TEXAS; ESTABLISHING THE DATE OF THE ELECTION; PROVIDING
FOR EARLY VOTING; DESIGNATING POLLING PLACES; APPOINTING
ELECTION OFFICIALS; PROVIDING FOR NOTICE OF THE ELECTION;
AUTHORIZING AN AGREEMENT WITH THE LAMAR COUNTY ELECTIONS
ADMINISTRATOR FOR ELECTION SERVICES; APPOINTiNG AN EARLY
VOTING BALLOT BOARD; FINDING AND DETERMINING THAT THE MEETING
AT WHICH THIS RESOLUTION WAS PASSED COMPLIED WITH THE TEXAS
OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
16. Approve ORDINANCE NO. 2013-004: AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC CONTROL MAP
ADOPTED IN SECTION 31-65(b), OF THE CODE OF ORDINANCES OF THE CITY
OF PARIS, TEXAS; ESTABLISHING A STOP SIGN ON 4TH STREET NW AT
PROVINE STREET STOPPING NORTH AND SOUTH-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.
Regular Agenda
Mayor Hashmi asked that item 26 be moved forward on the agenda. A Motion to move
item 26 forward was made by Council Member Wright and seconded by Council Member Drake.
Motion carried, 7 ayes — 0 nays.
26. Discuss May 11, 2013 bond election.
Mayor Hashmi inquired if the City was going to publish some type of pamphlet
explaining the bond election. City Manager John Godwin said the City could not spend funds
soliciting a yes or no vote on the bond issue, but that the City could send educational material out
and would be doing so in a month.
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February 25, 2013
Page 4
Mayor Hashmi asked that item 22 be moved forward on the agenda. A Motion to move
item 22 forward was made by Council Member Wright and seconded by Council Member Drake.
Motion carried, 7 ayes — 0 nays.
22. Discuss and act on AN ORDINANCE OF THE CITY COLJNCIL OF THE CITY OF
PARIS, TEXAS, AMENDING ARTICLE II. EMERGENCY ALARM SYSTEMS OF
CHAPTER 21 MISCELLANEOUS OFFENSES AND PROVISIONS, OF THE CODE
OF ORDINANCES OF THE CITY OF PARIS, TEXAS TO ENACT A NEW
EMERGENCY ALARM REGISTRATION PROCESS AND NUISANCE ALARM
REGULATIONS; AND MAKING OTHER CHANGES RELATED TO THE SAME;
PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS
CLAUSE; AND DECLARING AN EFFECTIVE DATE.
Chief Hundley said over 95% of the alarms that the police department responded to were
false alarms and they were wasting a minimum of 1200 man hours a year. He said the requested
amendments included alarms to be registered with the police; an alarm registration holder would
be allowed six false alarms in a 12 month period; upon the sixth false alarm the site would be
declared a nuisance alarm; a response fee of $75.00 would be charged for the sixth alarm and
each alarm thereafter until the total of number reached ten; upon the tenth false alarm or if the
alarm registration holder failed to pay any of the response fees, the alarm registration holder
would be in violation of the alarm ordinance; exceptions for false alarms would be severe
weather induced alarms, actual criminal activity, power outages or if the alarm was cancelled
before police units were dispatched. City Council discussed this item at length and decided to
form a committee to work on this issue. City Council heard from several alarm companies.
Mike Boswell, 1332 Lamar Ave., owner of Electron Security, expressed that he did not think that
everyone should be punished for the several businesses that had the multiple alarm calls. He
suggested training for business and home owners. Zachary Blount, 1350 N. Main, owner of
Advance Alarms, said there were three major locations that were potential violators and asked if
they could work with those businesses instead of punishing everyone. James McNeal, owner of
Precision Automotive said 99% of his alarms were outside and were considered false, but went
someone goes over the fence at his business the alarms deter someone from burglarizing him.
Jeff Martin, 2125 CR 33200, owner of Subways, asked that business owners be allowed to serve
on the committee. Chief Hundley said he had met with several of the alarm companies. It was a
consensus of City Council that the committee consists of business owners, Council Member
Drake, the Assistant Police Chief, and alarm company representatives.
Mayor Hashmi asked that item 20 be moved forward on the agenda. A Motion to move
item 20 forward was made by Council Member Frierson and seconded by Council Member
Lancaster. Motion carried, 7 ayes — 0 nays.
20. Discuss, conduct a public hearing and act on RESOLUTION NO. 2013-011: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS;
APPROVING AND AUTHORIZING A TAX ABATEMENT AGREEMENT WITH
CAMPBELL SOUP SUPPLY COMPANY LLC; MAKING OTHER FINDINGS AND
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February 25, 2013
Page 5
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE
DATE.
EDC Director Steve Gilbert explained this expansion would mean fifty new full-time jobs
for Paris and that Campbell Soup was asking for a seven year tax abatement at 100% totaling
$1,483,172. Mr. Gilbert said the City's portion of the abated taxes was $671,200 and at the end
of the abatement, the taxing entities would receive a benefit for eight more years on the
equipment alone and more years on the property. Mr. Gilbert said Campbell Soup would fund
the capital improvements at a cost equal to or in excess of $24,222,812. City Council heard from
Campbell Soup plant manager David Parcher and financial officer Richard Quarles.
Mayor Hashmi opened the public hearing and asked for anyone wishing to speak about
this item, to please come forward. With no one speaking, Mayor Hashmi closed the public
hearing.
A Motion to approve a seven year tax abatement at 100% was made by Council Member
Frierson and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays.
Mayor Hashmi left the meeting at 6:20 p.m. and Mayor Pro-Tem Grossnickle presided
over the remainder of the meeting.
17. Discuss, conduct a public hearing and act on ORDINANCE NO. 2013-005: AN
ORDINANCE OF THE CITY COLTNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE N0.1710 OF THE CITY OF PARIS, TEXAS,
AS HERETOFORE, AMENDED, SO AS TO REZONE LOT 2, CITY BLOCK 313,
BEING LOCATED AT 3720 LAMAR AVENUE, CITY OF PARIS, LAMAR
COUNTY, TEXAS, FROM A PLANNED DEVELOPMENT DISTRICT (PD-C) TO A
COMMERCIAL DISTRICT (C) DIRECTING A CHANGE ACCORDINGLY 1N 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.
City Engineer Shawn Napier explained Heritage Ridge Investments wanted to demolish
the existing Exxon State and construct a larger convenience store with a large fuel island.
Mayor Pro-Tem Grossnickle said the public hearing had been opened at the last meeting
and asked for anyone wishing to speak about this item, to please come forward. Project Manager
Guy Slimp spoke in support of this item. With no one else speaking, Mayor Pro-Tem
Grossnickle closed the public hearing.
A Motion to approve this item was made by Council Member Frierson and seconded by
Council Member Lancaster. Motion carried, 6 ayes — 0 nays.
18. Discuss, conduct a public hearing and act on ORDINANCE N0.2013-006: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
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February 25, 2013
Page 6
AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS,
AS HERETOFORE, AMENDED, SO AS TO REZONE LOTS 5, 6, AND 7, CITY
BLOCK 222B, BE1NG NUMBER 2685 LAMAR AVENUE, IN THE CITY OF PARIS,
LAMAR COUNTY, TEXAS, ADDING A SPECIFIC USE PERMIT (49) FOR AUTO
FUEL SALES TO THE EXISTING PROPERTY; DIRECTING A CHANGE
ACCORDINGLY 1N 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.
Mr. Napier said this was the same lot as in item 17 and this action would allow for a
specific use permit so that fuel could be sold at the location.
Mayor Pro-Tem Grossnickle said the public hearing had been opened at the last meeting
and asked for anyone wishing to speak about this item, to please come forward. With no one
speaking, Mayor Pro-Tem Grossnickle closed the public hearing.
A Motion to approve this item was made by Council Member Drake and seconded by
Council Member Jenkins. Motion carried, 6 ayes — 0 nays.
19. Discuss, conduct a public hearing and act on ORDINANCE N0.2013-007: 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 2 AND 2-E, CITY
BLOCK 313, BEING NUMBERS 3720 AND 350 LAMAR AVENUE, 1N THE CITY
OF PARIS, LAMAR COUNTY, TEXAS, ADDING A SPECIFIC USE PERMIT (49)
FOR AUTO FUEL SALES ON LOTS 2 AND 2-E, TO THE EXISTING PROPERTY;
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 Grossnickle said the public hearing had been opened at the last meeting
and asked for anyone wishing to speak about this item, to please come forward. With no one
speaking, Mayor Pro-Tem Grossnickle closed the public hearing.
A Motion to approve this item was made by Council Member Frierson and seconded by
Council Member Lancaster. Motion carried, 6 ayes — 0 nays.
21. Presentation of the annual report on racial profiling in the police department.
Chief Hundley said Article 2.13(7) of the Texas Code of Criminal Procedure requires
annual reporting to the local governing body of data collected on race or ethnicity of individuals.
Dr. Eric Fritsch of the University of North Texas at Denton presented the racial profiling report.
In summary, Dr. Fritsch reported that the police department was in compliance with all statutes
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February 25, 2013
Page 7
regarding racial profiling and that the police department did not profile individuals. Mayor Pro-
Tem Grossnickle commended the police department.
23. Discuss and act on RESOLUTION NO. 2013-012: A RESOLUTION OF THE CITY
COUNCIL FO THE CITY OF PARIS, TEXAS, AUTHORIZING THE CITY TO
ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT WITH NORTH
CENTRAL TEXAS COUNCIL OF GOVERNMENT5 (NCTCOG) TO HIRE GABIREL
ROEDER SMITH & COMPANY TO CONDUCT ACTUARIAL CONSULTING
SERVICES OF THE CITY'S OTHER POST EMPLOYMENT BENEFITS AS
REQUIRED BY GOVERNMENTAL ACCOUNTING STANDARDS BOARD
STATEMENT NUMBERS 43 AND 45; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE
DATE.
Mr. Anderson explained the Governmental Accounting Standards Board Statement
required governmental entities to have an actuarial evaluation of other post-employment benefits.
He said the City offered such a benefit, which was for medical insurance coverage for retirees
who met certain qualifications.
A Motion to approve this item was made by Council Member Drake and seconded by
Council Member Lancaster. Motion carried, 6 ayes — 0 nays.
24. Discuss residential tax abatement.
City Attorney Kent McIlyar said this past summer the City Council discussed revisions to
the City's Policies and Guidelines for granting tax abatements and that he drafted a revised
policy at that time to include criteria to allow the City to start a residential tax abatement
program for residential areas that were in need of economic development. Mr. McIlyar said at
that time, the PEDC Board, the County and Paris Junior College indicated they want to continue
with the existing tax abatement policies and not provide for residential tax abatement. He said
staff was asked to bring something back at a later date. In order to institute residential tax
abatement, Mr. McIlyar said decisions would need to be made with regard to policies and
guidelines, identiiication of the areas that need residential investment, the minimum investment,
term of abatement, percentage of abatement, whether or not they wanted to include apartment
complexes and duplexes, and whether or not they wanted to include new subdivisions. Mayor
Pro-Tem Grossnickle said he was not sure about including new construction city-wide and
expressed this would going to be a bit complicated. Council Member Lancaster it was her
thought to improve the areas that needed development. Council Member Wright said this would
definitely be a way of improving certain areas of the City. Council Member Frierson was in
support of residential tax abatement. Council Member Drake said they should move forward and
look at this closely at this. She also said she did not want to burden City staff with monitoring
that comes with this type of program, but at the same time expressed the need to help citizens.
Mr. Godwin said his opinion was that they not include new homes, but limit the tax abatements
to areas that needed growth. Mayor Pro-Tem Grossnickle suggested they form a committee to
discuss these options and make recommendations to the Council and the second meeting in
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Page 8
March. It was a consensus of the Council that the committee would be comprised of City
Manager John Godwin, City Attorney Kent McIlyar, Mayar Hashmi, Council Member Wright
and Council Member Lancaster.
25. Discuss creation of an ad hoc parks board.
Mr. Godwin said the purpose of creating this board is to get input from local citizens to
help guide input, priorities, and ideas for the plan. He asked Council how they wanted to
proceed. Mayor Pro-Tem Grossnickle suggested a letter be sent to organizations like KPB, local
garden clubs, the Boy and Girls Club, and athletic organizations to solicit applications. Mr.
Godwin said staff would bring this back to Council in four weeks.
27. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004-081.
There was nothing referenced.
28. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member
Frierson and was seconded by Council Member Lancaster. Motion carried, 6 ayes — 0 nays. The
meeting was adjourned at 7:02 p.m.
/ � ,
NICE ELLIS, CITY CLERK