03/09/2015MINUTES OF THE REGULAR CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
March 9, 2015
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
March 9, 2015, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas.
Present: Mayor: Matt Frierson
Council Members: Richard Grossnickle; Aaron Jenkins; Sue Lancaster;
Benny Plata; Edwin Pickle; and A.J. Hashmi
City Staff: John Godwin, City Manager; Kent McIlyar, City
Attorney; Janice Ellis, City Clerk; Gene Anderson,
Finance Director; Shawn Napier, City Engineer;
Jerry McDaniel, Public Works Director; Bob
Hundley, Police Chief; Doug Harris, Utilities
Director; Priscilla McAnally, Library Director; and
Kent Klinkerman, EMS Director
Opening Agenda
1. Call meeting to order.
Mayor Frierson called the meeting to order at 5:30 p.m.
2. Invocation.
Gene Anderson gave the invocation.
3. Pledge of Allegiance.
Council Member Jenkins led the pledge.
4. a. Citizens' Forum.
Tammy Siegfried, 206 -19th SE. — she said they had recently moved to Paris and had been
impressed with city services, but did note a lack of pride in some homeowners as to trash around
their homes. She asked that a children -at -play sign be installed at 19th S.E. and Walker Streets.
James Price, 1230 Shiloh — he referenced page 5 of the Charter and stated they needed to
have a city -wide election to elect the mayor. He said the way the mayor is elected now was a
dictatorship and they needed to get rid of the good ole boy system.
Sue Lancaster, 1020 Bonham Street — she said at the last City Council meeting she spoke
to them about the PEDC, in that people were told unless they were in complete agreement with
the PEDC Board, they needed to find something else to do with their time. Mrs. Lancaster said
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March 9, 2015
Page 2
people do not have to agree with each other all the time. She also said everyone has a right to
their opinion with which way this publically funded organization should go. Mrs. Lancaster said
public input was needed and should be desired. She said a public forum was needed for this and
all other City committees and that true transparency was needed, instead of circumventing the
process or hiding the facts. Mrs. Lancaster asked the Council to create an opportunity for every
committee or board. She asked for the same transparency from local media. She also said news
media was a precious thing and that most of the world does not enjoy freedom of the press. Mrs.
Lancaster said the media should not be threatened with a loss of business in order to control the
narrative and said she was sorry to report that not only did that happen, but the very sanctity of
the church was invaded to achieve a political gain. She said they believed in government and
their way of life, and these principals were being threatened with selfish manipulation. Mrs.
Lancaster said the city was suffering, the city's growth was being threatened, and the city's
resources were being used by a few for their gain. She asked that all Paris citizens get involved
and bring the city back on track.
b. Recognition of the Paris Police Department for designation of Storm Ready by the
National Weather Service.
Chief Hundley and Assistant Chief Tuttle explained that the police department was
recognized by the National Weather Service as a Storm Ready Community. Assistant Chief
Tuttle told the Council this meant Paris was better prepared when severe weather strikes.
Consent Agenda
Mayor Frierson inquired of Council Members if they wished to pull any items from the
Consent Agenda for discussion. Council Member Hashmi asked that items 10 and 11 be pulled
for discussion. Council Member Pickle asked that item 6 be pulled for discussion.
Council Member Pickle inquired about council liaisons for the Historic Preservation
Commission and the Traffic Commission. Mayor Frierson said he was the liaison for HPC and
Council Member Jenkins said he was the liaison for the Traffic Commission. Council Member
Pickle encouraged Council Members to attend the meetings.
With regard to item 10, Council Member Hashmi said he thought the Pounders Firm had
done a great job, but favored a two year extension as opposed to a five year extension of the
contract.
A Motion to approve the consent agenda was made by Council Member Pickle and
Council Member Hashmi asked if they could consider item 11 separately. Council Member
Pickle amended his Motion to approve the consent agenda with the change of a two year contract
for Mr. Pounders and to exclude item 11. The Motion was seconded by Council Member
Hashmi. Motion carried, 7 ayes — 0 nays.
5. Approve the minutes from the City Council meeting on February 25, 2015.
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March 9, 2015
Page 3
6. Receive reports and /or minutes from the following boards, commissions, and committees:
a. Historic Preservation Commission (1 -14 -2015)
b. Traffic Commission (2 -3 -2015)
7. Approve RESOLUTION NO. 2015 -011: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PARIS, TEXAS, APPROVING THE PRIVATE RE -SALE OF ONE
TRACT OF TRUSTEE TAX PROPERTY (EAST PARK ADDITION, BLOCK C, LOT
2) TO MR. ABNER GLOVER FOR $225.00, AUTHORIZING THE MAYOR TO
EXECUTE DEEDS; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
8. Approve RESOLUTION NO. 2015 -012: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PARIS, TEXAS, APPROVING THE PRIVATE RE -SALE OF
THREE TRACTS OF TRUSTEE TAX PROPERTIES (EAST PARK ADDITION,
BLOCK A, LOT 14, AND EAST PARK ADDITION, BLOCK A, LOT 20) TO MR.
KEYON MITCHELL FOR $675.00, AND AUTHORIZING THE MAYOR TO
EXECUTE DEEDS; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
9. Approve RESOLUTION NO. 2015 -013: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PARIS, TEXAS, APPROVING THE PRIVATE RE -SALE OF SIX
TRACTS OF TRUSTEE TAX PROPERTIES (CITY OF PARIS, BLOCK 83, LOT 2 &
2a; CITY OF PARIS, BLOCK 84, LOT 16; CITY OF PARIS, BLOCK 84, LOT 25;
CITY OF PARIS, BLOCK 84, LOT 26; CITY OF PARIS, BLOCK 86, LOT 2; AND
CITY OF PARIS, BLOCK 100, LOT 4) TO REV. JAMES PRICE FOR $1,800.00, AND
AUTHORIZING THE MAYOR TO EXECUTE DEEDS; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING
AN EFFECTIVE DATE.
10. Approve RESOLUTION NO. 2015 -014: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PARIS, TEXAS, EXTENDING THE INITIAL TERM OF A
SERVICES CONTRACT WITH THE POUNDERS LAW FIRM, PLLC, FOR THE
COLLECITON OF DELINQUENT PROPERTY TAXES; MAKING OTHER
FINDINGS AND PROVISIONS AND DECLARING AN EFFECTIVE DATE.
11. Approve the Final Plat of Lot 1, Block A, Paris Lakes Medical Center LLC Addition 346,
located at 2675 SE 41" Street and approving a Subdivision Improvement Agreement with
Developer.
Council Member Hashmi thanked Mr. Parker for being at the meeting, and thanked him
for starting the project. Council Member Hashmi said as Council Members, they had a
responsibility to the City and he had questions of the City Manager and the City Engineer about
this item. He questioned Mr. Napier as to why a final plat was being accepted before the entire
infrastructure was complete. Mr. Napier said a subdivision agreement allows that step of the
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March 9, 2015
Page 4
process to be skipped and in this instance, everything would be private except the water line and
the agreement was for the water line only. Council Member Hashmi said his question was do
they approve final plats normally for most people without infrastructure being complete. Mr.
Napier answered that the ordinance allows for this process. Mr. Godwin said there were two
different routes and that it was more common to not do it this way. Mr. Godwin said he thought
they had only done it twice since he had been at the City. Council Member Hashmi told Mr.
Napier that his memo stated the agreement would be provided at the council meeting and then he
asked Mr. Napier if the City Attorney received it in advance. Mr. Napier said the City Attorney
received it at the same time the City Council received it. Mr. Napier also said it was a standard
form which was created in the attorney's office. Council Member Hashmi inquired of Mr.
McIlyar if he had read the agreement in detail. Mr. Godwin said Mr. McIlyar had not, but that
he was the one who created it. Mr. McIlyar said he created the form and it had been used in
prior years and that on this project they were waiting on the details of the project, such as the
cost of the infrastructure because that had to be part of the agreement. Council Member Hashmi
questioned Mr. Napier why City Council was just now getting it at the last minute when he had a
whole week to get it done. Mr. Napier explained that staff had not received all of the
information until last week so it could not make it in their packets and in fact, staff was still
receiving information on Friday. Council Member Hashmi questioned why the final plat
application was accepted when it was incomplete. He expressed concern if they found a problem
and they tabled the item that it would be automatically approved in 30 days whether they
approved it or not. Council Member Hashmi asked if incomplete final applications were
normally accepted. Mr. Napier asked if he was referring to the P &Z memo he wrote and Council
Member Hashmi said he was not. Council Member Hashmi asked Mr. Napier when developers
applied for a final plat did he accept incomplete applications all the time. Mr. Napier said they
did not. Council Member Hashmi inquired why it was accepted this time. Mr. Napier said the
subdivision agreement was separate and not actually part of the final plat itself. Council Member
Hashmi said he understood that and expressed concern over accepting incomplete applications.
He asked Mr. Napier if this process did not put the City at risk because if they found a problem
and tabled the item, would it not be automatically approved within thirty days. Mr. Napier said
according to State Law, it would be approved thirty days from the date it was submitted if they
did not act on it. Mr. Napier said they could approve or deny it, but that tabling it was the same
thing as approving it. Council Member Hashmi said that was his point and that if they did not
normally accept incomplete applications, why were they just getting the agreement today. He
said it was not right for them to accept the application until they had the agreement and that it put
the City at risk when accepting the application without the agreement, specifically they had not
had a chance to review the agreement. Mr. Napier said the final plat contained everything except
the water line and it could be approved that way, because the ordinance allowed it via a
subdivision improvement agreement when things could be dedicated to the City such as a water
line. Council Member Hashmi told Mr. Napier he understood that but still questioned was why
he accepted an incomplete application. Council Member Hashmi said he would like time to
review the agreement that they had just received and that he had a couple of more questions. He
asked what kind of guarantee the City was getting from the developer that everything was going
to be built according to code, specifically referencing if the City took over any of the roads
several years from now, he want to make sure everything met standards. Mr. Napier said
everything would have to be built to a code, buildings, sewer, roads, etc. and that staff would be
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March 9, 2015
Page 5
inspecting all of it. Council Member Hashmi said Church Street was supposed to have been
inspected by the City as well. He asked Mr. Napier if that was true and Mr. Napier answered in
the affirmative. Council Member Hashmi question what happened when the infrastructure was
being built on Church Street and questioned. Council Member Hashmi wanted to know why the
water line was the only public improvement that was going to be dedicated to the City. Mr.
Napier explained because otherwise you would have to have a very large water meter and you
would have to pay for every bit of water and it became a cheaper item for the developer. Council
Member Hashmi inquired if the roads would be private roads and Mr. Napier answered in the
affirmative. Council Member Hashmi said so the police department would not be patrolling.
[Ron Parker speaking from the audience — portions inaudible] Mr. Parker questioned Council
Member Hashmi if he had a conflict discussing this item, because he worked for a local hospital
and was trying to purchase another hospital. Council Member Hashmi said he did not have a
conflict, in that the hospital he was acquiring was in a different city and that he did not work for
Steve Grubbs, CEO of the local hospital. Council Member Hashmi said he had a few more
questions. He asked if there was a bank guarantee required for infrastructure or a cashiers' check
required. Mr. Godwin said a letter of credit was required and also bonds required as the process
proceeded. Council Member Hashmi inquired if the City had those documents. Mr. Godwin
said no, because they had not started any work but those documents would be required before
any work began. Council Member Hashmi asked if once the final plat was approved could they
begin the work. Mr. Godwin said no, because with this type of plat an agreement was required
and the agreement required them to do all of the financial things and that was what protects the
city, because the final plat is being approved early.
Council Member Hashmi asked Mr. Napier if he had reviewed the water drainage and the
flood zones and if everything was correct. Mr. Napier said none of the first phase was in the
flood zone but that the plan did show a possible parking lot in the flood zone and that would be
addressed at the time they got to that phase. Council Member Hashmi said he thought the City
Attorney should be given time to review this contract prior to Council approving the final plat.
Mayor Frierson asked the City Attorney if this was boiler plat contract and Mr. McIlyar
answered in the affirmative. Mr. McIlyar said in this situation he was familiar with contract,
because it was generated from his office, but the City needed to get the financial security prior to
work commencing. He also said the financial security is what guarantees those water lines are
going to be completed according to Code. Mr. Godwin said Mr. McIlyar was familiar with the
contract. Council Member Hashmi said he understood, but was still unclear as to why the City
would accept an incomplete application and he thought the attorney should be given time to
review the completed contract.
A Motion to approve agenda item 11 was made by Council Member Pickle and seconded
by Council Member Plata. Motion carried, 5 ayes — 2 nays, with Council Member Hashmi and
Council Lancaster casting the dissenting votes.
Regular Agenda
12. Receive annual report from Paris Economic Development Corporation.
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March 9, 2015
Page 6
Interim Executive Director Shannon Barrentine presented a month -by -month of the Plan
of Work for 2013 -14. Council Member Hashmi confirmed that the PEDC was not reimbursed
for the $46,000 loan to the algae company. PEDC Board Member Don Wilson presented charts
outlining and comparing manufacturing job facts for the second quarters of years 2012 and 2014,
comparing Paris to nine other cities. Specifically, Mr. Wilson pointed out the chart reflected
Paris had the highest increase in net change between 2012 and 2014 for payroll. He explained
they were trying to figure out how PEDC was doing in comparison to other cities, because they
needed a bench mark. Council Member Hashmi asked if the jobs were full -time and Mr. Wilson
said yes, on the 12th of the month each month is when that was reported. Council Member
Hashmi asked about the trend prior to 2012. Mr. Wilson said the web -site only went back two
years, because it was currently under construction but when it is available again, they should be
able to get statistical information for the last ten years. PEDC Board Chair Steve Grubbs
presented the projected cash flow and prospect support over the last four years.
As Board Members, Council Member Hashmi asked for suggestions to increase the
current manufacturing and industries located in Paris. Mr. Wilson said more job training needed
to be provided in order to yield a better work force. He said there was an E135 Industry coming
to town and they needed a site ready building. Mr. Wilson also said economic incentives made
companies understand that the community was behind them. He also said tax abatements were
important and that the taxing entities played a bigger role with abatements than did the PEDC.
13. Discuss, conduct a public hearing and act on ORDINANCE NO. 2015 -004: 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 4A, CITY BLOCK 354,
BEING LOCATED AT 4100 S.E. LOOP 286, IN THE CITY OF PARIS, LAMAR
COUNTY, TEXAS, FROM A NEIGHBORHOOD SERVIC DISTRICT (NS) TO A
COMMERCIAL DISTRICT (C); DIRECTING A CHANGE ACCORDINLY 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.
Mr. Napier explained the applicant wanted to develop the lot for commercial business,
the Planning and Zoning Commission approved the request and staff was recommending the
zoning change.
Mayor Frierson opened the public hearing and asked for anyone wishing to speak in
support or opposition of this item, to please come forward. Don Howell spoke in support of the
zoning change. With no one else speaking, Mayor Frierson closed the public hearing.
A Motion to approve this item was made by Council Member Hashmi and seconded by
Council Member Lancaster. Motion carried, 7 ayes — 0 nays.
14. Discuss, conduct a public hearing, and act on ORDINANCE NO. 2015 -005: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
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March 9, 2015
Page 7
AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS,
AS HERETOFORE AMENDED, SO AS TO REZONE LOT 1, BLOCK A OF THE
PARIS LAKES MEDICAL CENTER, LLC ADDITION 346, BEING LOCATED AT
2675 41 ST S.E. IN THE CITY OF PARIS, LAMAR COUNTY TEXAS, FROM AN
AGRICULTUREAL (A) AND ONE - FAMILY DWELLING DISTRICT (SF -2) 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.
Mr. Napier explained that Mr. Parker was requesting a change in zoning from an
Agricultural and One - Family Dwelling District to a Commercial District and the proposed land
use was for a hospital, medical offices, hotel, restaurant, helicopter landing pad and retail
shopping area. Mr. Napier said the zonings for all of the proposed property uses fit into either
General Retail or Commercial with the exception of the helicopter pad which was only allowed
in Commercial zoning. Mr. Napier said staff recommended approval of the zoning change.
Council Member Hashmi pointed out that the memo contained two different addresses and
confirmed with Mr. Napier that the actual address was 2675 41St Street. S.E.
A Motion to approve this item was made by Council Member Hashmi and seconded by
Council member Pickle. Motion carried, 7 ayes — 0 nays.
15. Receive presentation from the Main Street Advisory Board about the accomplishments of
the Main Street Program.
Main Street Coordinator Cheri Bedford said the Main Street Program had a very
successful year and was nationally recognized for their program. Mrs. Bedford expressed
appreciation to the Board, the volunteers and the community. Mrs. Bedford recognized board
members Jill Drake, Missy Starnes, Jerry Coyle, Nancy Waldrum and Becky Semple of the
VC &C. The Board gave a presentation that included their various sub - committees and
responsibilities, their events, their fundraising efforts that benefit downtown, and their goals and
missions.
16. Discuss and possibly act on RESOLUTION NO. 2015 -015: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PARIS, TEXAS; ACTING ON THE FINDINGS
AND RECOMMENDATIONS OF THE CITY PLANNING AND ZONING
COMMISSION PURSUANT TO SEC. 8 -109 OF THE CITY ZONING ORDINANCE
REGARDING THE PROPER ZONING CLASSIFICATION FOR A NEW AND
UNLISTED USE DESCRIBED AS A FLEA MARKET; MAKING OTHER
DETERMINATIONS CONCERNING THE CLASSIFICATION OF SUCH USE;
DIRECTING THAT A ZONING ORDINANCE AMENDMENT BE PREPARED AND
BROUGHT FORWARD CONSISTENT WITH THIS RESOLUTION; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
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March 9, 2015
Page 8
Mr. Napier said Mr. Allen Hughes was in the process of purchasing the Old Rubber and
Superior Switchboard properties located on NW Loop 286. He also said Mr. Hughes wanted to
clean up the properties and create a flea market similar to Canton, Texas or Traders Village. Mr.
Napier said in order to move forward, a new zoning use classification would have to be created
for a flea market. Mr. Napier recommended a flea market use be created that would be allowed
in Planned Development zoning and Light Industrial zoning with a Specific Use Permit. Council
Member Pickle inquired about the Gene's Flea Market and Mr. Napier said it was grandfathered
in. Council Member Lancaster inquired if someone else wanted to come to town and put in a
flea market could they do the same thing and Mr. Napier said it would have to go through
Planning and Zoning, a public hearing would have to be conducted, and it would have to go to
the City Council for consideration.
A Motion to approve this item was made by Council Member Pickle and seconded by
Council Member Hashmi. Motion carried, 7 ayes — 0 nays.
17. Discuss and act on ORDINANCE NO. 2015 -006: AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS; AMENDING SECTION 3 -5,
CHAPTER 3 ALCOHOLIC BEVERAGES OF THE CODE OF ORDINANCES OF
THE CITY OF PARIS, TEXAS TO ALLOW THE SALE AND CONSUMPTION OF
ALCOHOLIC BEVERAGES AT LAKE CROOK PARK DURING SPECIAL EVENTS
WITH APPROPRIATE TABC PERMIT; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE,
A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Godwin explained that the local VFW wanted to host an April event at Lake Crook
Park which would include the sale or consumption of alcoholic beverages. He said the Code of
Ordinances prohibited the consumption of any alcoholic beverage on any public property with
the City except for the Love Civic Center and Red River Valley Fairgrounds. Mr. Godwin also
said that Bud Mackey has requested that the Council amend Chapter 3, Alcoholic Beverage, of
the Code of Ordinances to include Lake Crook Park in the list of exemptions.
Council Member Hashmi inquired who was responsible for clean -up of the park and if a
deposit would be required. Mr. Godwin said the people who rent the facility will be responsible
and he was not sure about the deposit. Council Member Hashmi also inquired about safety and
liability. Mr. Godwin said a public safety plan would be required and Mr. McIlyar said a
certificate of liability insurance would be required as well.
A Motion to approve this item was made by Council Member Plata and seconded by
Council Member Pickle. Motion carried, 7 ayes — 0 nays.
18. Discuss drainage funding options.
A Motion to remove this item from the table was made by Council Member Hashmi and
seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays.
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Page 9
Mr. Godwin said that cities could provide for Public Improvement Districts, which
annually assess benefitted properties only and that PIDs were only for infrastructure and are
initiated by property owners through a petition process. Council Member Plata wanted to know
what happens when a petition is filed and not everyone on the street wants to participate. Mr.
Godwin said if more than 60% of the people on the street sign the petition then the PID is created
and everyone on the street is assessed a fee. Council Member Hashmi said drainage was a core
function and he did not think the citizens should have to provide their own drainage. Mayor
Frierson inquired if any bond money would be coming available and Mr. Godwin said there
would be three or four million coming up this summer. Council Member Hashmi suggested they
talk to residents to get their input and bring suggestions back to the Council. It was a consensus
of the City Council to bring this item back in sixty days.
19. Discuss utilities bond projects and provide direction to staff.
A Motion to remove this item from the table was made by Council Member Hashmi and
seconded by Council Member Plata. Motion carried, 7 ayes — 0 nays.
Council Member Hashmi said that he had asked that this item be placed on the agenda
and was suggesting that the City bid out some smaller projects and those that were more urgent.
Council Member Hashmi said that every time the City had done smaller projects they had saved
money. Mr. Godwin said they planned to bid out the big project at the end of April, but could
take a couple of streets off and bid those separately. He said it would not help with time but
might help with the price. Council Member Plata inquired of Mr. Napier his opinion and Mr.
Napier said he thought it was a good idea to peel off a small project. Mr. Godwin suggested they
pull streets for one small sub - project and include 29th, 30th, 31s, 32nd and 33rd Streets NW
between Bonham and Graham plus Bonham between 13th NW and 34th NW. It was a consensus
of the City Council for staff to pull off those streets and bid out a small sub - project.
20. Discuss and adopt a policy on Council agenda preparation.
Mr. Godwin said that Mayor Frierson asked him to put together a policy and that he had
taken some excerpts from the staff policy. He explained that over the last few years there had
been amendments to the agenda due to last minute additions. Mr. Godwin said there were times
when things would pop up at the last minute or there might be an emergency, but that it was
better to get items in advance and for everyone to know what they were going to be discuss prior
to the meeting.
Mayor Frierson said it staff could be responsible for submitting items in a timely fashion
that Council should be able to do the same.
Council Member Pickle said when he was on the Council the first time that Tuesday was
the deadline for submitting items and that was a policy they adopted internally. Council Member
Pickle said he wanted to make sure they were consistent and if they abided by the policy that
staff should also do so. With regard to this item, Council Member Pickle referenced the Paris
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Page 10
Lakes agenda item, and said Council should have had that information in their agenda packets
and in a timely fashion. He said there were times when they did not get information until the last
minute, until they were sitting at the Council meeting.
Council Member Hashmi said he thought there should be a policy, and receiving more
information in a timely fashion would be good. Council Member Hashmi said he thought that
any Council Member should be allowed to place whatever item they want to place on the agenda,
because each Council Member represented an individual district. He said he favored a deadline
of Wednesday, but it should not be so stringent that Council could not add something when
needed or something that was important. He referenced a recent zoning case and said in
November and December the Council had fewer meetings, so they may need to get items on an
agenda so not to be delayed for four to six weeks. Council Member Hashmi said he thought it
was good to provide as much information as possible. He said one of the purposes of having the
items on the agenda and posting the agenda was for the public to know what was on the agenda
and the law required that to be 72 hours in advance. He said if a Council Member needs to place
an item on the agenda that does not require a lot of staff input, that he did not have a problem
with placing it on the agenda on Wednesday afternoon and saw no reason why the agenda needs
to be posted earlier than 72 hours. Council Member Hashmi said when they get contracts at the
last minute, such as the Paris Lakes item, he was very uncomfortable with approving it and that
somewhere along the line a mistake would happen.
Mr. Godwin agreed that Council needed to have the flexibility to add items after the
deadline, but encouraged Council not to literally use the 72 hours as a deadline, because that
would be 5:30 p.m. on Friday. Mr. Godwin said the City Clerk normally has the agenda
finalized on Thursday, and that would mean that she has to make several changes if receiving
additions at the last minute form several Council Members. Mr. Godwin said 96 hours would be
better and pointed out there could be a handicapped accessibility issue and if someone needed
assistance, they would not be able to let staff know in a certain timeframe as posted on the
agenda. Mr. Godwin said if the agenda does not get posted until Friday afternoon then the City
has not met that specific requirement and that the agenda really needed to be posted on
Thursday.
Council Member Pickle said what he did not like to see was a discussion item with no
information, because he did not know what they would be discussing.
Mayor Frierson said he thought Wednesday was a reasonable accommodation unless
there were extenuating circumstances. Mayor Frierson said what he understood that section 4
would be deleted, that the deadline would be changed on item 1. Following additional
discussion, it was a consensus for each Council Member to e -mail the City Manager with
suggested changes, and that a revised policy be brought back for approval.
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Page 11
21. Convene into Executive Session:
• Pursuant to Section 551.072 of the Texas Government Code, to deliberate the
purchase, exchange, lease or value of real property.
• Pursuant to Section 551.071 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 conflict
with this chapter, as follows:
1. Enterprise and Reinvestment Zone
2. Conder /McClelland Complaint
Council Member Hashmi said he had an issue with this item that he wanted the City
Attorney to address. Council Member Hashmi said with regard to the enterprise and
reinvestment zone, there was no mention of a specific contract or company and he wanted to
make sure that the advice was going to be only on what was listed; otherwise, he wanted the
names to be listed. Mr. McIlyar said if Council Member Hashmi was uncomfortable with the
item that he would bring an agenda item back to the next council meeting.
Mayor Frierson convened City Council into executive session at 8:14 p.m. excluding the
enterprise and reinvestment zone advice item.
22. Reconvene into Open Session and possibly take action on those matters discussed in
Executive Session.
Mayor Frierson convened City Council into open session at 8:38 p.m. A Motion to have
the City Manager negotiate for property for the new EMS Station was made by Council Member
Hashmi and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. A Motion
to approve the draft resolution on the Conder/McClelland Complaint was made by Council
Member Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays.
23. Consider and approve future events for City Council and /or City Staff pursuant to
Resolution No. 2004 -081.
Nothing was referenced.
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There being no further business, a Motion to adjourn was made by Council Member
Pickle and was seconded by Council Member Plata. Motion carried, 7 ayes — 0 nays. The
meeting was adjourned at 8:39 p.m.
MATT FRIERSON, MAYOR
ICE ELLIS, CITY CLERK