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09/2011MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 12, 2011 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, September 12, 2011, at the City 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 Director; 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 Opening Agenda 1. 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. Mayor Hashmi introduced Kate Maxwell, Executive Vice - President of the Student Council from Paris High School and announced that she would be serving as the student liaison to City Council. 4. Citizens' forum. Benny Gray, 640 Wilburn — inquired if there was someone who could explain the fire codes to people who were interested in purchasing a building. Gene Anderson said the fire marshal would be the city staff person to contact for this information. 5. Public Announcements. a. Proclamation declaring Paris Majors All Star Dixie World Series Champion Day. Regular Council Meeting September 12, 2011 Page 2 13$7 A Motion to postpone this item to the next meeting was made by Council Member Wright and seconded by Council Member Avila. Motion carried, 7 ayes — 0 nays. Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. City Council discussed the Historic Preservation Commission minutes. 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 Consent Agenda Items 5, 6, and 7. 6. Deliberate and act on the approval of minutes from the meeting on August 19, 2011; 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. Historic Preservation Commission (6 -8 -2011 and 8 -10 -2011) b. Planning and Zoning Commission (8 -1 -2011) Regular Agenda Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2011-035: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS ADOPTING A REDISTRICTING PLAN FOR SEVEN CITY COUNCIL DISTRICTS IN THE CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. Brady Fisher, a citizen residing in District Seven, 3870 Lamar Avenue, Paris, Texas, asked what the percentage of African American citizens in Districts One and Two were, and if there had been a major effort to coordinate Council lines and voting locations with the schools, the Jr. College and the County. Mr. Fisher said it had always been his feeling that the boundary lines should match as closely as possible to encourage better voter turn- out. Mayor Hashmi said that consultant Bob Bass would address his questions. Mr. Bass said the original plan had a disparity of 34.37 %. Mr. Bass said Districts One and Two were preserved in this plan and the disparity in population was now down to 5.2 %. With regard to minority content, he said District One had a 54.6% voting age minority majority and District Two had a 54.4% voting age minority majority. Mr. Bass stated he believed the plan would satisfy all requirements of the Voting Rights Act. He also said there would be as much harmony as possible between the City, the school and county boxes. Mr. Bass said it was impossible to make them line up exactly. Mr. Fisher inquired if Hispanics were being counted as minority and Mr. "W'46.9 � Regular Council Meeting September 12, 2011 Page 3 Bass answered in the affirmative. Mr. Fisher inquired about the African American percentage. Mr. Bass said the African American percentage in District One was approximately 44% and the African American percentage in District Two was 43.16 %. Next speaking at the public hearing was Marva Joe, a minority citizen residing in District One, 1610 -17'h N.E., who said she was living in Paris when the seven single member Districts were created and also told the Council that Paris was the first town in Texas to have single member districts. Mrs. Joe asked if there was any provision in the ruling by Judge Justice that one day there might not be two African American Districts. Mrs. Joe said the reason she wanted to know was because of integration. She said if you drive around Paris, you will see African Americans living all over the City. Mrs. Joe said that the prediction by 2020 is the majority in the Country was going to be Hispanic. She also said there were many Hispanics living in this area. Mrs. Joe asked what would happen if Districts One and Two disappeared, because of decrease in minority population in those areas. Mr. Bass said as long as the Voting Rights Act continues to be an obligation imposed on governmental entities, there will be an obligation to try to achieve the most significant minority content as the numbers in a compact and cohesive community will permit. He also said as the population becomes more distributed, it will become harder to build districts that are as strong as maybe the districts were ten or twenty years ago. Council Member Grossnickle inquired if most likely the City would maintain two minority districts under that law. Mr. Bass said yes. Mr. Bass also said if it becomes mathematically impossible, the City would have to articulate why it was no longer possible. Also, speaking was Brenda Cherry, a minority citizen residing in District One, 1442 Fitzhugh, who stated that in her opinion African Americans were already under represented. Ms. Cherry said she realized that by adding the Hispanics it made the total minority population 54 %, but if African Americans were only going to be 40% that she did not think there would be any black people on the City Council in the future. She said that half of the black people could not vote, because of felonies. Ms. Cherry said she realized that was not the Council's fault, but that it was reality and a concern to her. With no one else speaking, Mayor Hashmi closed the public hearing. Mayor Hashmi asked for discussion from the City Council. Council Member Grossnickle said they had to comply with the Department of Justice guidelines and that a lot of thought had gone into this plan. Council Member McCarthy said a lot of effort was put into getting Districts One and Two fair representation with regard to the minority population. He also said that he realized every ten years it would be more difficult to reach the required populous, because minorities has prospered. Council Member Avila said there needed to be more education, so that more people would get out and vote. Council Member Wright said the map wasn't perfect, but that they had put in many hours, listened to opinions, and that Mr. Bass had divided the populous as well as he could conforming with the Federal law. Council Member Frierson reiterated Council Member Wright and said there had been quite a bit of discussion and everyone had worked together to make sure concerns were addressed. Council Member Pickle said that the key to the map was participation from those individuals representing each District. Mayor Hashmi said he understood concerns expressed by the citizens speaking at the public hearing, but that it was his hope that residents of the community would vote for an individual based on qualifications and not the color of their skin. Regular Council Meeting September 12, 2011 Page 4 A Motion to invoke the super majority rule was made by Council Member Frierson and 1389 seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. A Motion to approve this item was made by Council Member Frierson and seconded by Council Member McCarthy. Motion carried, 7 ayes — 0 nays. 9. Deliberate and act on the Preliminary Plat and Final Plat of Lot 1, Block A, Trinity Christian Academy Addition CB 323, located at 2060 Highway 79. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 10. Deliberate and act on the Preliminary Plat and Final Plat of Lot 1, Block A, Nepex Realty LTD 313, located at 3930 Lamar Avenue. 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. Deliberate and act on the Replat of Lot 5, Block 2, Clements Fairview Addition, located at 1538 North Main Street. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 12. Report from Jeanna Scott on the building permit process. Mayor Hashmi said one of the City Council's top priorities was to streamline the permitting and inspection processes to encourage business growth. Mayor Hashmi said the City Departments were working under the State guidelines and Council guidelines. Assistant Building Official Jeanna Scott told City Council that in January of 2009, that there was a major turnover in staff in the Department. Ms. Scott said that Bureau Veritas was hired to do all of the plan review and inspections for commercial and residential projects. She also said there had been a lot of changes made since that time, such as update of the application forms, addition of a building check list, and a site plan check list. Ms. Scott suggested that Staff place the forms on the City's web -site for downloading purposes. She said that they had been encouraging pre - development construction meetings. Ms. Scott also said that the Department had ongoing training and that several employees had obtained certifications allowing the City Staff to perform certain inspections. She stated that since July 2010, they had gone to a hybrid system, using Bureau Veritas only on projects over 5,000 square feet. Ms. Scott said that Bureau Veritas continued to allow the City to use their software, which was of great help in tracking projects. Ms. Scott also explained the various permit processes to City Council for new residential structures, remodel of residential structures, new commercial and remodel of commercial 139® Regular Council Meeting September 12, 2011 Page 5 structures. Ms. Scott also reviewed the report issued by TMAC, a consultant hired by Paris Economic Development Corporation to study the City's permitting process (see Exhibit "A" attached herein). In summarizing the report, Ms. Scott recommended conducting workshops for those in the building industry. Council Member Pickle recommended flow charts for the process. Mayor Hashmi asked Ms. Scott what her opinion was on shortfalls in their department. Ms. Scott said new employees, lack of training, and to continue training. Ms. Scott said there was a large learning curve and that she had a temporary clerk assisting her for two years, but that there had been four different people who had been in that position. She said that position would be permanent as of October I". Mayor Hashmi inquired if the City was going to purchase software for tracking projects. Ms. Scott said they were researching it and would bring something back to the City Council for consideration. Council Member Wright said the report seemed to recommend that Planning and Zoning meet more often to expedite matters. Ms. Scott said Planning and Zoning makes recommendations and City Council has to take action on the items. She said several years ago City Council heard zoning cases at the same meeting they considered plats, but that the previous Council moved the zoning cases to the fourth Monday. Council Member Frierson inquired why the previous City Council changed it. Ms. Scott said if the Planning and Zoning Agenda packets went out on the first and the Council meets on the seventh that would allow for only two to three days for the City Clerk to get all of the information together and City Attorney to draft the Ordinances. She said that is probably why they moved it to the fourth Monday. City Clerk Janice Ellis confirmed this. Ms. Ellis said a lot of times they had not received the documentation needed for the City Council packets within that time frame. Mayor Hashmi asked Mr. Anderson to study the matter and get back with City Council at a future meeting. 13. Deliberate and act on RESOLUTION NO. 2011- 038 -A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; ACCEPTING A UTILITY EASEMENT FROM PARIS JUNIOR COLLEGE FOR A WATER LINE ACROSS A PORTION OF PARIS JUNIOR COLLEGE CAMPUS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A "; 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. 14. First reading, deliberate and possibly act on an ORDINANCE NO. 2011 -036: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO SANITATION SOLUTIONS, 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 CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Regular Council Meeting September 12, 2011 Page 6 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 McCarthy and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 15. First reading, deliberate and possibly act on ORDINANCE NO. 2011 -037: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO GLENN AND DEBI BOLYARD DB /A TRASHY BUSINESS, 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 CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to invoke the super majority rule was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 16. Deliberate and act on RESOLUTION NO. 2011 -074: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DECLARING VARIOUS USED CITY - OWNED VEHICLES SURPLUS AND AUTHORIZING DISPOSITION OF THE SURPLUS PROPERTY IN ACCORDANCE WITH STATE AND LOCAL LAW; 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 Frierson. Motion carried, 7 ayes — 0 nays. 17. Deliberate and act on RESOLUTION NO. 2011 -075: A RESOLUTION OF THE CITY OF PARIS, TEXAS, ADOPTING A NEW SECTION 14.21 TO THE PERSONNEL POLICIES AND PROCEDURES MANUAL FOR THE CITY OF PARIS, TEXAS, CITY COUNCIL BUSINESS AND TRAVEL EXPENSES; ESTABLISHING POLICIES FOR COSTS AND REIMBURSEMENT OF TRAVEL EXPENSES FOR CITY COUNCIL MEMBERS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Council Member Wright said he thought every trip taken should be approved by a super majority and Council Member McCarthy disagreed with this suggestion. Council Member Pickle suggested adding language under item 5 to include that food expenses would be reimbursed provided that the meals were not provided at the event. Council also discussed different rates Regular Council Meeting September 12, 2011 Page 7 and advanced notice for purchasing coach fares and elected to leave the specific language in the policy as it was written. Subject to adding the language under item 5 as discussed above, a Motion to approve the travel policy was made by Council McCarthy and seconded by Council Member Pickle. Motion carried, 6 ayes — 1 nay, with Council Member Wright casting the dissenting vote. 18. Deliberate and act on RESOLUTION NO. 2011 -076: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE ROUTINE AIRPORT MAINTENANCE PROGRAM (RAMP) GRANT; AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT FOR TXDOT PROJECT NO. AM2012PARIS, TXDOT CSJ NO. M201PARIS; 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 McCarthy. Motion carried, 7 ayes — 0 nays. 19. Deliberate and act on RESOLUTION NO. 2011 -077: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE CONTRACT WITH THE CHAMBER OF COMMERCE OF LAMAR COUNTY, INC. TO MAINTAIN THE VISITORS AND CONVENTION COUNCIL FOR THE PURPOSE OF MANAGING THE MUNICIPAL HOTEL OCCUPANCY TAX FUND TO PROMOTE TOURISM AND THE CONVENTION AND HOTEL INDUSTRY IN THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Executive Director for the Chamber of Commerce Mindy Moree said this was the annual agreement between the City and Lamar County Chamber of Commerce, which provides for the collection and distribution of the hotel/motel tax funds collected. Council Member Pickle asked how the Civic Center was doing financially. Ms. Moree said as of the end of August they had brought in $232,165. Ms. Moree said hotel /motel occupancy tax was down and that the revenue was down between $11,000 and $13,000. Council Member Pickle asked about the expenses and Ms. Moree said expenses to date were $317,000. She said the majority of that was capital building improvements of $61,000. Council Member Grossnickle inquired what could be done to collect hotel/motel taxes in a timely manner. Mr. Anderson said the City had been imposing penalties and collecting them when the taxes were paid. Mayor Hashmi asked about the possibility of raising the hotel /motel tax. Ms. Moree said that based on the City's population, the tax was capped out. She also stated that the City had to remain competitive. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 20. Deliberate and act on RESOLUTION NO. 2011 -078: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACKNOWLEDGING AND Regular Council Meeting September 12, 2011 ' 1 Page 8 APPROVING A LOAN AGREEMENT AND PROMISSORY NOTE BY AND 1393 BETWEEN THE PARIS ECONOMIC DEVELOPMENT CORP. `BORROWER" AND CAPITAL ONE, N.A. BANK "LENDER" FOR A REVOLVING LINE OF CREDIT IN THE AMOUNT OF ($2,000,000.00) TWO MILLION DOLLARS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. PEDC Board Chairman Pike Burkhart told the City Council that this was a reserve line of credit that supports their strategic planning, that it was a very favorable interest rate, and that the funds may or may not be used for several projects on the horizon. Erik Roddy from Capital One Bank informed the City Council that the rate was prime minus 1.96 %. Mr. Roddy said it was a floating rate of 1.29 %, which was the Wall Street Journal Prime. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 21. Convene into Executive Session: a. 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 conflict with this chapter, to -wit: Texas Supreme Court ruling in Cause No. 09 -0257; City of Dallas vs. Heather Stewart; b. 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: discuss City Manager applicants. Mayor Hashmi recessed City Council at 7:08 p.m. and convened City Council into Executive Session at 7:14 p.m. 22. 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 7:53 p.m. and said that City Staff would be issuing a press release with regard to how the City would be handling matters as a result of the City of Dallas vs. Heather Stewart case. Mayor Hashmi also said that the City Council planned to interview additional candidates, and conduct second interviews of some of the candidates. 23. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. None were referenced. k, 1394 24. Adjournment. Regular Council Meeting September 12, 2011 Page 9 There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. The meeting was adiourned at 7:54 p.m. 9N�ICE ELLIS, CITY CLERK N MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 26, 2011 1395 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 City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Oyenine Asenda 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 Director; 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 1. 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`x' 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. Regular Council Meeting September 26, 2011 Page 2 Mayor Hashmi read the proclamation declaring Paris Majors All Star Dix World Series Champion Day. Consent Agenda 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 Consent Agenda Items 5, 6, 7, 8 and 9. 6. Deliberate and act on the approval of minutes from the meeting on August 19, 2011; 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 -2011; 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 Aizenda 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 DISTRICT — 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 item, to please come forward. With no one else speaking, Mayor Hashmi closed the public hearing. w Regular Council Meeting September 26, 2011 t . -.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 1397 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 WHICH 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 Council. 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 all 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 circulation 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 Member 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 ISSUANCE 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 CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. r. Regular Council Meeting September 26, 2011 Page 4 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. 13. Deliberate and act on RESOLUTION NO. 2011 -079: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING A MEMBER TO THE HISTORIC PRESERVATION COMMISSION, CITY OF PARIS BOARDS AND COMMISSIONS, TO FILL THE UNEXPIRED 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 member 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 made 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 Council 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. Regular Council Meeting September 26, 2011 Rage 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 13 9 9 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 like 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 improvements 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 time for the appraised value of the property as set by the Lamar County Appraisal District or 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 cannot 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 might 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 information regarding these occurrences. 1400 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. Mcllyar 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 abatements 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. In 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. Mr. Bolster said the maximum for an abatement was ten years and that it was not an all 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 required 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 for 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. Mcllyar and Mr. Anderson study these items and bring them back to the City Council. Regular Council Meeting September 26, 2011 page 7 140.1 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 Alarm 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. Regular Council Meeting September 26, 2011 1402 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 RESOLUTION NO. 2011 -081: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, 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, employment, 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. Regular Council Meeting September 26, 2011 Page 9 w • 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 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: 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. i 0OAn A ICE ELLIS, CITY CLERK q �o 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; Robert Avila; John Wright; Richard Grossnickle; Matt Frierson; and Edwin Pickle City Staff: Kent McIlyar, City Attorney; and Janice Ellis, City Clerk 1. 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. % e Man ICE ELLIS, C TY CLERK �a� ��� �,+ ��z.