10/2012MINUTES OF THE REGULAR CITY COUNCIL MEETING 1 f 4 5
OF THE CITY OF PARIS, TEXAS
October 8, 2012
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
October 8, 2012, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas.
Present: Mayor: A.J. Hashmi
Council Members: Aaron Jenkins; Billie Lancaster; John Wright;
Richard Grossnickle; Matt Frierson; and Cleonne
Drake
City Staff: Kent McIlyar, City Attorney; Janice Ellis, City
Clerk; Shawn Napier, City Engineer; Bob Hundley,
Police Chief; Ronnie Grooms, Fire Chief, Gene
Anderson, Finance Director; Ron Sullivan, Public
Works Director; Kent Klinkerman, EMS Director;
and Doug Harris, Utilities Director
Absent: Council Member: Billie Lancaster
Opening Agenda
1. Call meeting to order.
Mayor Hashmi called the meeting to order at 5:30 p.m.
2. Invocation.
Reverend Mays gave the invocation.
3. Pledge of Allegiance.
Council Member Grossnickle led the pledge.
4. A. Citizens' forum.
Reverend Rodney Slaughter, 6705 Misty Glen — he said he appeared before Council a
couple of weeks ago and understood that they had delegated funds to take down dilapidated
houses and asked about the status of the demolition project.
Jill Drake, 3605 Summerhill — she spoke in support of the Trail de Paris extension and
asked those present in support to stand with her. Mrs. Drake spoke about how widely the trail
was utilized and expressed appreciation to the City Council, city staff and contract workers who
had assisted with the trail project.
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Regular Council Meeting
October 8, 2012
Page 2
Robert Talley, President of Keep Paris Beautiful -Make Lamar County Shine — he
encouraged everyone to get involved in the Fall Trash -off scheduled for October 20th between
7 :00 a.m. and noon at Home Depot. Mr. Talley also informed everyone that the e -cycle of old
electronics would take place at the fairgrounds from 8:00 a.m. until noon.
B. Recognition of Fire Chief Ronnie Grooms.
Mayor Hashmi and City Council recognized Fire Chief Ronnie Grooms who announced
his retirement earlier in the month. Mayor Hashmi said that Chief Grooms began his career in
the Fire Department in 1978 as a firefighter, in 1983 promoted to driver, in 1985 promoted to
deputy chief and in 2001 promoted to chief. On behalf of the Council, the staff and the citizens
of Paris, Mayor Hashmi expressed appreciation to Chief Grooms for thirty -four years of
dedicated service to the Paris Fire Department and presented Chief Grooms with a plaque.
Consent Agenda
Mayor Hashmi inquired of Council Members if they wished to pull any items from the
Consent Agenda for discussion. There were none.
A Motion to approve the Consent Agenda was made by Council Member Drake and
seconded by Council Member Frierson. Motion carried, 6 ayes — 0 nays.
5. Approve the minutes from the City Council meeting on September 24, 2012.
6. Receive reports and/or minutes from the following boards, commissions, and committees:
a. Building & Standards Commission (8 -20 -2012 & 8- 30 -2 -12)
b. Airport Advisory Board (8 -16 -2012)
c. Paris Public Library Advisory Board (8 -15 -2012)
d. Main Street Advisory Board (8 -21 -2012)
e. Historic Preservation Commission (8 -27 -2012 & 9 -12 -2012)
f. Planning & Zoning Commission (9 -4 -2012)
7. Act on the Final Plat of Lot 1, Block A, East Paris Baptist Church 259 Addition, located
at 725 N. Collegiate Drive.
8. Act on RESOLUTION NO. 2012 -084: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PARIS, TEXAS, APPROVING AN AMENDMENT TO THE FY 2012-
2013 BUDGET OF THE PARIS ECONOMIC DEVELOPMENT CORPORATION
(PEDC) TO CHANGE LINE ITEMS ORIGINALLY APPROVED IN THE
SUBMITTAL OF THE FY 2012 -2013 BUDGET, MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE
DATE.
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OctobeP43, 244
Page
9. Act on RESOLUTION NO. 2012 -085: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PARIS, TEXAS; AUTHORIZING THE PARIS VISITORS AND
CONVENTION COUNCIL TO USE THE RODEO ARENA AT THE RED RIVER
VALLEY FAIR GROUNDS FOR A PROFESSIONAL BULL RIDING RODEO
EVENT TO BE HELD MAY 24, 2013; GRANTING ADDITIONAL ACCESS TO
RODEO ARENA FIVE DAYS PRIOR TO THE EVENT AND TWO DAYS AFTER
THE EVENT FOR SETUP AND CLEANUP; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE
DATE.
Reeular Agenda
10. Discuss, conduct public hearing, and act on a Resolution approving and authorizing a
request by the Traffic Commission from the Texas Department of Transportation to close
the existing crossover in the 5000 block of South East Loop 286.
Assistant Chief Tuttle said the Traffic Commission received two written requests to close
the crossover in the 5000 block SE Loop 286 due to safety concerns. Mr. Tuttle said two
residents of the Morningside sub - division at the meeting expressed concern that closing the
cross -over would cause additional traffic at the Dawn Drive crossover. Traffic Commission
Member Ken Kohls said they recommended sending a request to TxDOT for them to study the
crossover and bring back recommendations.
Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in
support or against this item to please come forward. With no one speaking, Mayor Hashmi
closed the public hearing.
A Motion to request TxDOT to study the closure of the crossover in the 5000 block of
South East Loop 286 and bring back recommendations was made by Council Member Frierson
and seconded by Council Member Drake. Motion carried, 6 ayes — 0 nays.
Mayor Hashmi asked for a Motion to move item 19 up on the Agenda. A Motion to
move item 19 up was made by Council Member Grossnickle and seconded by Council Member
Drake. Motion carried, 6 ayes — 0 nays.
19. Update on a building for the Paris -Lamar County Health Department.
Paris -Lamar County Health Department Executive Director Gina Prestridge told the City
Council that RAM Foundation had funded the building on Fourth Street, that New Hope would
own the building and the Health Department could lease space from them. Ms. Prestridge said
that the health department's portion of renovation would be approximately $110,000 and they
were discussing a lease term of twenty years at 4.50% interest. Ms. Prestridge said they would
be meeting again later in the week and she would bring an update or a possible action item back
to the City Council at a later date.
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Regular Council Meeting
October 8, 2012
Page 4
Mayor Hashmi asked for a Motion to move item 22 up on the Agenda. A Motion to
move item 22 up was made by Council Member Grossnickle and seconded by Council Member
Drake. Motion carried, 6 ayes — 0 nays.
22. Discuss, conduct public hearing, and act on RESOLUTION NO. 2012 -088: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS;
APPROVING AND AUTHORIZING A TAX ABATEMENT AGREEMENT WITH
ESSENT PARIS REGIONAL MEDICAL CENTER, L.P., d/b /a PARIS REGIONAL
MEDICAL CENTER.
PEDC Executive Director Steve Gilbert presented City Council with a PRMC Northward
Bound Project Briefing outline. Rita Conder, Larry Reaves and Michael Miller representatives
of PRMC gave a presentation regarding the project. See Exhibit "A."
Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in
support of this item, to please come forward. Ray Banks, 3450 Robin Road, Paris, Texas
questioned how many new jobs would be created and the value of the taxable property in ten
years. Mr. Gilbert said the existing policy did not require an established company to create new
jobs. Financial Advisor Leo Sierra said the Appraisal District determines the value. Mayor
Hashmi asked for anyone wishing to speak in opposition of this item, to please come forward.
With no one else speaking, Mayor Hashmi closed the public hearing.
A Motion to approve the tax abatement was made by Council Member Frierson and
seconded by Council Member Grossnickle. Motion carried, 6 ayes — 0 nays.
Mayor Hashmi asked that items 14 and 15 be moved up on the Agenda.
14. Discuss, first reading and possibly act on ORDINANCE NO. 2012 -030: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
DISANNEXING LOT 15 WILDWOOD ESTATES SUBDIVISION, A PART OF THE
WESLEY ASKINS SURVEY NO. 7, PARIS, LAMAR COUNTY, TEXAS (LOCATED
AT THE SOUTHEAST CORNER OF WILDWOOD LANE AND COUNTY ROAD
42350) IN RESPONSE TO A PETITION FOR DISANNEXATION FILED BY
PROPERTY OWNER TERRI PALMER; ADJUSTING CITY BOUNDARIES TO
REFLECT NEW CITY LIMITS; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A
SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
A Motion to recuse Council Member Grossnickle was made by Council Member Drake
and seconded by Council Member Frierson. Motion carried, 6 ayes — 0 nays.
A Motion to invoke the super majority rule was made by Council Member Wright and
seconded by Council Member Jenkins. Motion carried, 5 ayes — 0 nays.
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Octofibr:$, `2012
Page 5
A Motion to approve the disannexation was made by Council Member Wright and 1649
seconded by Council Member Jenkins. Motion carried, 5 ayes — 0 nays.
15. Discuss, first reading and possible act on an ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PARIS, TEXAS, DISANNEXING A 3.00 ACRE TRACT AND A
10.001 ACRE TRACT OF LAND OUT OF THE REDDING RUSSELL SURVEY #A-
786, PARIS, LAMAR COUNTY, TEXAS (LOCATED OFF STILLHOUSE ROAD
APPROXIMATELY 1.13 MILES NORTH OF LOOP 286) IN RESPONSE TO A
PETITION FOR DISANNEXATION FILED BY PROPERTY OWNERS DR. & MRS.
ROBERT ZIMMERMAN; ADJUSTING CITY BOUNDARIES TO REFLECT NEW
CITY LIMITS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE,
A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE.
A Motion to recuse Mayor Hashmi was made by Council Member Drake and seconded
by Council Member Wright. Motion carried, 5 ayes — 0 nays.
Council Member Wright presided over the item and said no action could be taken
because there wasn't a super majority of the Council present. City Council heard from Dr.
Zimmerman as to why his property should be disannexed. City Council scheduled this item for
their Council meeting on October 22 nd
A Motion to return Mayor Hashmi and Council Member Grossnickle to the meeting was
made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 4
ayes — 0 nays.
Mayor Hashmi moved to item 11.
11. Discuss and conduct a public hearing on completion of the Texas Community
Development Block Grant #729599 for sewer improvements.
City Engineer Shawn Napier said this grant had allowed the City to do two sewer system
improvement projects. Mr. Napier said a public hearing was required on completion of this grant
in order that the City may apply for another grant.
Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in
support or opposition of this item, to please come forward. With no one speaking, Mayor
Hashmi closed the public hearing.
12. Discuss, conduct public hearing, and possibly act on ORDINANCE NO. 2012 -029: AN
ORDINANCE OF THE CITY OF PARIS, TEXAS, AMENDING SECTIONS 8 -107, 8-
201 AND 12 -100 OF THE CITY'S ZONING ORDINANCE NO.1710, AS
PREVIOUSLY AMENDED, PROVIDING FOR THE OPERATION OF SELF -
STORAGE/MINI WAREHOUSES IN COMMERCIAL DISTRICTS BY SPECIFIC
USE PERMIT ONLY; ADDING A DEFINITION FOR SELF- STORAGE/MINI
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Regular Council Meeting
October 8, 2012
Page 6
WAREHOUSE TO SECTION 8 -201 OF THE CITY ZONING ORDINANCE; AND
ADDING A NEW SECTION 12 -100 (55), SELF- STORAGE/M1NI WAREHOUSE, TO
THE LIST OF USES REQUIRING A SPECIFIC USE PERMIT UNDER THE CITY'S
ZONING ORDINANCE; 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.
Mr. Napier explained that Planning and Zoning Commission met on October 1 St to
consider adoption of an ordinance amending Sections 8 -107, 8 -201 and 12 -100 of City Zoning
Ordinance No. 1710, by allowing the operation of self - storage or mini warehouses in a
Commercial District by a specific use permit only.
Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in
support or opposition of this item, to please come forward. With no one speaking, Mayor
Hashmi closed the public hearing.
A Motion to invoke the super majority rule was made by Council Member Frierson and
seconded by Council Member Drake. Motion carried, 6 ayes — 0 nays.
A Motion to approve this item was made by Council Member Frierson and seconded by
Council Member Drake. Motion carried, 6 ayes — 0 nays.
13. Discuss, conduct public hearing and act on RESOLUTION NO. 2012 -086: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM APPLICATION OT THE TEXAS DEPARTMENT OF
AGRICULTURE; AND AUTHORIZING THE CITY MANAGER TO ACT AS THE
CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL
MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE TEXAS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT AND DECLARING
AN EFFECTIVE DATE.
Mr. Napier said this grant application proposed to replace water, sewer lines in Dickson
Street between NW 9th and l Vh Streets and a small part of NW 11th Street, which would result in
Dickson Street being redone. Mr. Napier said the City was applying for a $275,000 grant, which
was the maximum amount and the grant required 20% match by the City in an amount of
$55,000 for a total proposed project cost of $330,000.
A Motion to approve this item was made by Council Member Frierson and seconded by
Council Member Grossnickle. Motion carried, 6 ayes — 0 nays.
16. Receive report, discuss and possibly act on drainage problem on York Street.
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October--k2 2 2
Pag7 165-1
Mayor Hashmi turned this item over to Council Member Wright. Council Member
Wright inquired of Mr. Napier about the progress of this problem. Mr. Napier depicted three
slides reflecting the progress of the drainage problem. He said the property north of Mrs.
Carcuffe's property contained a channel at one time, and there was a high area which would not
allow the water to drain out. Council Member Wright wanted to know when this would be
completed. Mr. Napier said they should be finished with a portion of it the following day. Mr.
Napier told Council that city staff was going to survey Mrs. Carcuffe's backyard and Mr. Hill's
backyard to make sure that those areas were draining properly. Mr. Napier said he spoke to Mrs.
Carcuff last week and explained the progress.
17. Discuss and act on RESOLUTION NO. 2012 -087: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING A PROFESSIONAL
SERVICES AGREEMENT WITH HAYTER ENGINEERING, INC., FOR THE TRAIL
DE PARIS EXTENSION FROM SE 8TH STREET TO SW 4' STREET;
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY
DOCUMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
Mr. Napier explained that the City of Paris was awarded a recreational trail grant in the
amount of $160,000 from Texas Parks and Wildlife for this extension. He said the trail currently
extended from the eastern city limits to SE 8d' Street. Mr. Napier also told Council that this
project would be the first rails with trails project when completed and that the City had been in
the process of acquiring right -of -way and easements for the project.
A Motion to approve this item was made by Council Member Frierson and seconded by
Council Member Drake. Motion carried, 6 ayes — 0 nays.
18. Discuss Cox Field/Paris Airport.
Mayor Hashmi said he placed this item on the agenda, because he wanted the City to look
into the feasibility of utilizing Cox Field Airport to bring tax dollars, jobs and new homes to
Paris. City Council heard from pilots Dr. Robert White, Jack Ashmore and Captain Will Splawn
regarding needed aircraft hangar space, the possibility of an aircraft commuter service, a flight
school, and aviation related businesses. The pilots referred to air parks, such as the one located
in Mena, Arkansas. Mayor Hashmi said he would like to explore advertising in aviation journals
if City Council was okay with this ideal. It was a consensus of City Council to do so. Council
Member Frierson inquired about the cost of advertising and Mayor Hashmi said he would bring
something back to Council.
20. Discuss, first reading and possibly act on ORDINANCE NO. 2012 -028: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS;
APPROVING AN INTERLOCAL COOPERATIVE AGREEMENT WITH THE
SULPHUR RIVER REGIONAL MOBILITY AUTHORITY AND THE OTHER
PARTICIPATING ENTITIES RELATING TO THE CITY FUNDING OF THE STATE
HIGHWAY 24 WIDENING PROJECT.
Regular Council Meeting
October 8, 2012
Page 8
PEDC Executive Director Steve Gilbert and Delbert Horton with Sulphur River Regional
Mobility Authority explained that completion of the four lane widening project would provide
additional safety and would benefit local industry. Mr. Gilbert said the PEDC Board of
Directors had declared support for funding a portion of the rights -of -way acquisition costs and
utility relocation costs for upgrading and widening 10.4 miles of State Highway 24 from FM 64
Southwest to FM 904 in Delta County, Texas in an amount anticipated to be $1,426,813. Mr.
Horton said additional local funding would be provided by the City of Paris, Lamar County,
Delta County and the City of Cooper and the SuRRMA would be the conduit for completing the
project with TxDOT and the Paris Office.
A Motion to invoke the super majority rule was made by Council Member Frierson and
seconded by Council Member Drake. Motion carried, 6 ayes — 0 nays.
A Motion to approve this item was made by Council Member Frierson and seconded by
Council Member Drake. Motion carried, 6 ayes — 0 nays.
21. Discuss and act on RESOLUTION NO. 2012 -083: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING THE PARIS
ECONOMIC DEVELOPMENT CORPORATION'S PARTICIPATION IN THE
INTERLOCAL AGREEMENT WITH SULPHUR RIVER REGIONAL MOBILITY
AUTHORITY AND PARIS ECONOMIC DEVELOPMENT CORPORATION'S
FINANCIAL COMMITMENT OT THE STATE HIGHWAY 24 WIDENING
PROJECT.
A Motion to approve this item was made by Council Member Frierson and seconded by
Council Member Drake. Motion carried, 6 ayes — 0 nays.
23. Convene into Executive Session pursuant to Section 551.071 of the Texas Government
Code, Consultation with Attorney, to receive legal advice from the City Attorney about
pending or contemplated litigation and/or on matters in which the duty of an attorney to
his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas, clearly conflict with this chapter.
City Council did not convene into Executive Session.
24. Reconvene into Open Session and possibly take action on those matters discussed in
Executive Session.
25. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004 -081.
Mayor Hashmi said City Council would have a special meeting October 15a' at 5:30 p.m.
to hear presentations from engineering firms regarding a ten year Capital Improvement Plan for
the City of Paris.
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Page 9
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26. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member
Frierson and was seconded by Council Member Drake. Motion carried, 6 ayes — 0 `nays. The
meeting was adjourned at 6:55 p.m.
')�I ICE ELLIS, CITY CLERK
1654
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
October 22, 2012
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
October 22, 2012, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. `
Present: Mayor Pro -Tem: Richard Grossnickle
Council Members: Aaron Jenkins; Billie Lancaster; John Wright;
Matt Frierson; and Cleonne Drake
City Staff: John Godwin, City Manager; Kent McIlyar, City
Attorney; Janice Ellis, City Clerk; Shawn Napier,
City Engineer; Bob Hundley, Police Chief, Dale
Maberry, Assistant Fire Chief; Gene Anderson,
Finance Director; Ron Sullivan, Public Works
Director; Kent Klinkerman, EMS Director; and
Doug Harris, Utilities Director
Absent: Mayor: A.J. Hashmi
Opening Agenda
1. Call meeting to order.
Mayor Pro -Tem Grossnickle called the meeting to order at 5:30 p.m.
2. Invocation.
Pastor Brad Aldridge gave the invocation.
3. Pledge of Allegiance.
Council Member Wright led the pledge.
4. Citizens' forum.
Cheri Bedford, Main Street Director — she invited everyone to the Festival of Pumpkins
scheduled for Saturday, October 27th.
Consent Agenda
Mayor Pro-Tern Grossnickle said that item 12 would be moved to next agenda at the
request of staff. He inquired of Council Members if they wished to pull any items from the
Consent Agenda for discussion. There were none.
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Regular Council Meeting
October 22, 2012
Page 2
With the exception of item 12, a Motion to approve the Consent Agenda was made by
Council Member Frierson and seconded by Council Member Lancaster. Motion carried, 6 ayes —
0 nays.
5. Approve the minutes from the City Council meetings on October 8, 2012 and October 15,
2012.
6. Receive reports and /or minutes from the following boards, commissions, and committees:
a. Paris Economic Development Corporation (9 -13 -2012)
b. Historic Preservation Commission (9 -24 -2012)
7. Receive September drainage ditch maintenance report.
8. Receive dilapidated structure report.
9. Discuss possible future amendments to the City of Paris Charter.
10. Approve the Routine Airport Maintenance Program (RAMP) Grant and authorizing the
execution of a Grant Agreement for TxDOT Project No. AM2013PARIS.
11. Approve closing out the contract with NCM Demolition in the amount of $47,539.65 for
the second phase of Hazardous Materials Remediation of the Grand Theater.
12. Approve the nomination of the "L.O. Hammon" sign as a Historic Sign located in the
Downtown Historic District.
Regular Agenda
13. Discuss, public hearing, first reading, and possibly act on ORDINANCE NO. 2012 -031:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS,
ESTABLISHING A HISTORIC OVERLAY DISTRICT (HD), ON LOT 20, BLOCK
131, BEING 726 WEST SHERMAN STREET, IN THE CITY OF PARIS, LAMAR
COUNTY, TEXAS IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE
PLANNING AND ZONING COMMISSION AND THE HISTORIC PRESERVATION
COMMISSION; PRESERVING THE EXISTING USE AND ZONING
DESIGNATIONS OF THE PROPERTY SO DESIGNATED; DESIGNATING THE
BOUNDARIES OF THE HISTORIC OVERLAY (HD) SO ESTABLISHED; 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.
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October Z2,.20.12
r R.age- 3
City Engineer Shawn Napier explained that owner George Ronald Shannon Sr. had
requested a change in zoning to add a Historic District Overlay for property located at 726 West
Sherman in order to preserve his historical home.
Mayor Pro -Tem Grossnickle opened the public hearing and asked for anyone wishing to
speak in support or against this item to please come forward. With no one speaking, Mayor Pro -
Tem Grossnickle closed the public hearing.
A Motion to invoke the super majority rule was made by Council Member Frierson and
seconded by Council Member Drake. Motion carried, 6 ayes — 0 nays.
A Motion to approve this item was made by Council Member Frierson and seconded by
Council Member Drake. Motion carried, 6 ayes — 0 nays.
14. Discuss, first reading and possibly act on an ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PARIS, TEXAS, DISANNEXING A 3.00 ACRE TRACT AND A
10.001 ACRE TRACT OF LAND OUT OF THE REDDING RUSSELL SURVEY #A-
786, PARIS, LAMAR COUNTY, TEXAS (LOCATED OFF STILLHOUSE ROAD
APPROXIMATELY 1.13 MILES NORTH OF LOOP 286) IN RESPONSE TO A
PETITION FOR DISANNEXATION FILED BY PROPERTY OWNERS DR. & MRS.
ROBERT ZIMMERMAN; ADJUSTING CITY BOUNDARIES TO REFLECT NEW
CITY LIMITS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE,
A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE.
A Motion to recuse Mayor Pro -Tem Grossnickle was made by Council Member Drake
and seconded by Council Member Frierson. Motion carried, 6 ayes — 0 nays.
Mr. Napier said the two public hearings had taken place and this was the second reading
of the ordinance.
A Motion to approve this item was made by Council Member Lancaster and seconded by
Council Member Frierson. Motion carried, 5 ayes — 0 nays.
A Motion to return Mayor Pro-Tern Grossnickle to the meeting was made by Council
Member Frierson and seconded by Council Member Drake. Motion carried, 5 ayes — 0 nays.
15. Discuss, first reading, and possibly act on ORDINANCE NO.2012 -033: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
AUTHORIZING THE ISSUANCE OF CITY OF PARIS, TEXAS, GENERAL
OBLIGATION REFUNDING BONDS; ESTABLISHING PROCEDURES FOR THE
SALE AND DELIVERY OF THE BONDS; LEVYING AN ANNUAL AD VALOREM
TAX FOR THE PAYMENT OF SAID BONDS; PROVIDING AN EFFECTIVE DATE;
AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT.
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Regular Council Meeting
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Page 4
Finance Director Gene Anderson said the City of Paris could refund its Combination Tax
& Revenue Certificates of Obligation, Series 2002 and its General Obligation Refunding Bonds,
Series 2003 for savings without extending the maturity date of the original bonds. Mr. Anderson
estimated that gross savings would be in the amount of $582,380 with a net present value savings
of $554,125. Mark McLiney of Southwest Securities answered questions from City Council.
A Motion to invoke the super majority rule was made by Council Member Wright and
seconded by Council Member Frierson. Motion carried, 6 ayes — 0 nays.
A Motion to approve this item was made by Council Member Wright and seconded by
Council Member Frierson. Motion carried, 6 ayes — 0 nays.
16. Discuss and provide direction to city staff on a request from Guaranty Bond Bank to
allow relocation of their existing billboard.
Mr. Napier said the City received a letter from Guaranty Bond Bank requesting the
billboard that was currently in front of the new bank building be relocated. He said staff had run
into issues in trying to help the bank, because there were six places in the ordinance that would
not allow this. Mr. Napier asked for direction as how to proceed with the bank's request. He
said options were to completely remove the billboard or leave it in place, which would not give
them room to put a bank sign up.
Council Member Jenkins asked if there was anyone from the bank present that wanted to
speak about this item. Guaranty Bond Bank President Kenny Dority said the bank wanted to
move the billboard approximately 500 feet, so they could put up a bank sign that would look
nice. Council Member Wright inquired of Mr. Napier if the billboard would be in compliance
after it was moved. Mr. Napier said it would not because of city ordinance. City Manager John
Godwin said this was a discussion item, because staff did not have the authority to allow the
billboard moved to the requested location, because it would be in violation of the existing
ordinance. He said if Council wished to extend some sort of exemption, that an ordinance
amendment would be required. Council Member Wright asked about the effect on future
requests. Mr. Napier said anyone wanting to put in a billboard or move one, could cite this
change. City Attorney Kent McIlyar inquired if they had discussed the possibility of the bank
requesting a variance from the Board of Adjustment. Mr. Napier said they had received the new
flood maps and learned the location was in the floodplain. Council Member Frierson asked Mr.
Dority about placing the billboard toward the back of the property. Mr. Dority said if they could
not put the billboard at the front of the lot, the bank would rather keep it in its current location.
Council Member Drake wanted to know if the bank moved the billboard to a location not in the
floodplain, could a sign variance request be taken to the Board of Adjustment. Mr. Napier
answered in the affirmative. Mr. Dority said that he would get with Mr. Napier
17. Discuss and act on RESOLUTION NO. 2012 -089: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, TO CERTIFY LOCAL FUNDING
AND SUPPORT OF THE TRAIL DE PARIS PROJECT TO THE STATEWIDE
TRANSPORTATION ENHANCEMENT PROGRAM FOR FUNDING COMPETITION
Regular Council Meeting
October 22; 2012
1
t.: 6 Page 5
IN THE TEXAS DEPARTMENT OF TRANSPORTATION 2012 PROGRAM CALL 16 5 8
FOR PROJECTS; AUTHORIZING THE CITY MANAGER TO ACQUIRE TWO
PARCELS OF LAND FOR THE PROJECT SHOULD THE CITY OF PARIS BE
AWARDED THE GRANT; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT AND DECLARING AN EFFECTIVE DATt.
Mr. Napier said the City had an opportunity to expand the Trail in parts of West Paris.
He also said the project would provide transportation corridor between Heritage Park, the Justice
Elementary Safe Routes to School Project, Leon Williams Park, the Boys Club, Red River
Valley Fairgrounds and T.G. Givens. Mr. Napier expressed appreciation to Mr. Earl Erickson
for all of his hard work in making the Trail possible.
A Motion to approve this item was made by Council Member Drake and seconded by
Council Member Lancaster. Motion carried, 6 ayes — 0 nays.
18. Discuss and act on approval of a deduction Change Order #1 in the amount of
$66,305.80, and closing out the contract with Four Thirteen, Inc. in the amount of
$27,884.93 for the 2011 -2012 Water and Wastewater Capital Improvements.
Mr. Napier said the change order was a reduction of $66,305.70, which reduced the
original contract price from $345,166.10 to $278,849.30.
A Motion to approve this item was made by Council Member Frierson and seconded by
Council Member Wright. Motion carried, 6 ayes — 0 nays.
19. Receive report, discuss and possibly act on drainage problem on York Street.
Mr. Napier displayed photographs depicting before the work began, during and after
completion of the drainage channel. He said that a good rain was needed to test the draining of
the ditch. Mr. Napier said staff was still planning on going out to Ms. Carcuff's property to try
to help her level up portions of her backyard to make it flow and drain into the ditch. He said
part of the problem was their instrument was not functioning. Mr. Napier added that they were
able to locate training for staff and that upon completion of training, staff would go to Mrs.
Carcuff's and take survey shots. Council Member Wright wanted to know if that would
ascertain that Ms. Carcuffe's backyard was level. Mr. Napier answered in the affirmative.
20. Receive and discuss update on the Grand Theater.
Mr. Napier told the Council that the debris from the front of the building had been
removed and the roof above the stage should be finished within the week. Main Street Director
Cheri Bedford said tours of the Grand Theater would be given during the Festival of Pumpkins.
21. Convene into Executive Session pursuant to Section 551.071 of the Texas Government
Code, Consultation with Attorney, to receive legal advice from the City Attorney about
pending or contemplated litigation and/or on matters in which the duty of an attorney to
G5,
Regular Council Meeting
October 22, 2012
Page 6
his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with this chapter, as follows:
• Ranger Abbott v. The City of Paris
• CPC Coatings Claim
C
Mayor Pro -Tem Grossnic-kle convened City Council into Executive Session at 6:20 p.m.
22. Reconvene into open session and possibly take action on those matters discussed in
Executive Session.
Mayor Pro -Tem Grossnickle reconvened City Council into open session at 6:35 p.m.
23. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004 -081.
None were referenced.
24. Adjournment.
There being no further business, a Motion to adjourn was made by Council Member
Frierson and was seconded by Council Member Drake. Motion carried, 6 ayes — 0 nays. The
meeting was adjourned at 6:35 p.m.
OSSNICKLE, MAYOR PRO -TEM
RIC GR
FQ�h n
CJICE ELLIS, CITY LERK