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06/13/2016MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS June 13, 2016 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, June 13, 2016, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Aaron Jenkins; Billie Lancaster; Billy Trenado; and Cleonne Drake City Staff: John Godwin, City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Carla Easton, City Engineer; Larry Wright, Fire Chief; Bob Hundley, Police Chief; Doug Harris, Utilities Director; Jerry McDaniel, Public Works Director; Kent Klinkerman, EMS Director; and Priscilla McAnally, Library Director Absent: Council Members: Steve Clifford and Matt Frierson Opening Agenda Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Lancaster led the pledge. Mayor Hashmi asked for a moment of silence in memory of the victims of the shooting in Orlando, Florida. 4. Citizens' Forum. Brandon Del Toro, 2331 Lamar Ave. — he said he had flooding issues on his property and wanted to know who he needed to address. Mayor Hashmi asked him to get with city manager. James Price, 1230 Shiloh — he invited everyone to the June 18 celebration and also asked that West Paris be cleaned up. Regular Council Meeting June 13, 2016 Page 2 Betty Vandever, 2027 Culbertson — she said her home had flooded partially in April and in May it flooded again when water came in the front door and went out the back door. She said the ditches needed to be cleaned and enlarged. Linda Christian, 3305 Ridgeview — she said Church Street was one of the main streets coming into town and it had been in bad shape for years. Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Council Member Lancaster asked that item 4c, the Planning and Zoning Commission minutes from April 4, 2016, be pulled for discussion. Council Member Lancaster wanted to know if people were going to be able to store items they use in their buildings downtown. Mr. Godwin said the City Council made changes to the ordinance a couple of meetings ago that does not allow warehousing downtown, but that people could store items they use. Council Member Lancaster referenced a building owner who was restoring their building, and had a bath tub in the building and was told that was not allowed. She said she wanted to check into what was going on with this. With the exception of item 4c, a Motion to approve the consent agenda was made by Council Member Drake and seconded by Council Member Lancaster. Motion carried, 5 ayes — 0 nays. 5. Approve minutes from the meeting on May 23, 2016. 6. Receive reports and/or minutes from the following boards, commissions, and committees: a. Paris Public Library Advisory Board (4 -20 -2016) b. Board of Adjustment (11 -17 -2015 &4-19-2016) c. Planning & Zoning Commission (4 -4 -2016) 7. Approve RESOLUTION NO. 2016 -019: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS DESIGNATING AUTHORIZED SIGNATORIES FOR CONTRACTUAL DOCUMENTS AND DOCUMENTS FOR REQUESTING FUNDS RELATED TO THE TEXAS CAPITAL FUND ( "TCF ") CONTRACT NUMBER 7215182. 8. Approve RESOLUTION NO. 2016 -020:A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING A CITIZEN PARTICIPATION PLAN AND GRIEVANCE PROCEDURES; ADOPTING A SECTION 3 POLICY REGARDING JOB TRAINING, EMPLOYMENT AND CONTRACTING OPPORTUNITIES FOR SECTION 3 RESIDENTS; ADOPTING A SECTION 504 POLICY AND GRIEVANCE PROCEDURES RELATING TO NONDISCRIMINATION BASED ON HANDICAP IN FEDERALLY ASSISTED ACTIVITIES; REAFFIRMING RESOLUTION 2015 -018 APPROVING A POLICY AGAINST THE USE OF EXCESSIVE FORCE DURING NON - VIOLENT CIVIL Regular Council Meeting June 13, 2016 Page 3 RIGHTS DEMONSTRATIONS; REAFFIRMING THE PROCLAMATION OF APRIL, 2016 AS "FAIR HOUSING MONTH" IN THE CITY OF PARIS, TEXAS; DESIGNATING A CIVIL RIGHTS OFFICER; ALL AS REQUIRED BY TXCDBG REGULATIONS TO OBTAIN FUNDING THROUGH A TXCDBG MAIN STREET PROGRAM FROM THE TEXAS DEPARTMENT OF AGRICULTURE (TDA); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 9. Authorize final payment in the amount of $22,753.29, close out the contract with Rick Billy Industrial Services (RBIS) for Phase III of the water system replacement projects; and close out the loan with the Texas Water Development Board Phase III Project #62525 CID 003. Regular Agenda A Motion to move item 15 forward on the agenda was made by Mayor Hashmi and seconded by Council Member Drake. Motion carried, 5 ayes — 0 nays. 15. Discuss a request from the Trail de Paris Steering Committee regarding a procedure for transferal of funds collected through the city water billing accounts and provide direction to staff. City Manager John Godwin said the City collects voluntary donations on monthly utility bills, including Keep Paris Beautiful, animal control, and the Trail de Paris. He also said the trail donations were used by the City for trail repairs and maintenance. Mr. Godwin reported that the Trail de Paris Steering Committee had requested that all funds contributed for use on the trail be provided directly to them and if the Council decides to make that change, 100% of the funds need to be used directly on the trail. Subject to the funds collected being spent directly on the trail, a Motion to approve the request was made by Mayor Hashmi and seconded by Council Members Trenado and Drake. Motion carried, 5 ayes — 0 nays. 10. Discuss and act on ORDINANCE NO. 2016 -017: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS DISANNEXING THREE TRACTS OF LAND BEING 1.16 ACRES, 2.45 ACRES AND 160.7 ACRES FOR A TOTAL OF 164.31 ACRES LOCATED IN THE SOUTHEASTERN CORNER OF THE CHISUM ABSTRACT NO. 175 AND NORTHEASTERN CORNER OF THE BOURLAND ABSTRACT NO. 70 BEING 0.75 MILES NORTHWEST OF THE INTERSECTION OF FM HWY 79 AND THE 2.45 ACRE TRACT BEING LOCATED ALONG THE SOUTH SIDE OF FM HWY 79 INCLUDING ADDRESSES RANGING FROM 3194 FM HWY 79 TO 3930 FM HWY 79, OF THE CITY OF PARIS, LAMAR COUNTY, TEXAS, IN RESPONSE TO LANDOWNER REQUESTS FOR DISANNEXATION; ADJUSTING CITY BOUNDARIES OT REFLECT NEW CITY LIMITS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING Regular Council Meeting June 13, 2016 Page 4 A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Lancaster and seconded by Council Member Jenkins. Motion carried, 5 ayes — 0 nays. 11. Conduct a public hearing, discuss and act on ORDINANCE NO. 2016 -018: ' 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 10, CITY BLOCK 316, BEING LOCATED AT 3380 N.E. LOOP 286, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) AND A SINGLE - FAMILY DWELLING DISTRICT NO.2 (SF -2) TO A COMMERCIAL DISTRICT (C); ADDING A SPECIFIC USE PERMIT (55) FOR A SELF- STORAGE/MINI WAREHOUSE TO THE EXISTING PROPERTY; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor 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 approve this item was made by Council Member Trenado and seconded by Council Member Jenkins. Motion carried, 5 ayes — 0 nays. 12. Conduct a public hearing, discuss and act on ORDINANCE NO. 2016 -019: 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 TRACT -63, A 208 E CROW SURVEY, BEING LOCATED AT 4310 PINE MILL ROAD, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT (A) TO A MULTIPLE - FAMILY DWELLING DISTRICT NO. 2 (MF -2), DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor 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 approve this item was made by Mayor Hashmi and seconded by Council Member Jenkins. Motion carried, 5 ayes — 0 nays. Regular Council Meeting June 13, 2016 Page 5 13. Receive construction update report from EST, Inc. regarding construction management and inspections for the 2013 bond project. Mr. Godwin said Mr. Wallace would be giving City Council their first monthly report. Senior Project Manager Rod Wallace verbally provided a status on report on current utilities projects. Mr. Wallace said they began inspection services the 17th and Red meets every morning in the construction meeting room and gives a report that is going into a book. He said Red is working on Pine Bluff and construction was coming along in a timely fashion. Mr. Wallace said the first month had been spent on getting reporting procedures down. He said he would be glad to provide Council with a written report if they will let him know which items they are interested in receiving. Mayor Hashmi said he would like to see a written report because he wants to make sure everything is being done according to contract specifications, such as a check list reflecting that each task addressed in the contract has been done and according to the deadline. Mr. Wallace said they would do so and he would stay in touch with Mr. McDaniel on a weekly basis. 14. Discuss and act on a contract with Birkoff, Hendricks & Carter, LLC for engineering services on the Texas Capital Fund Main Street Project, for construction of downtown sidewalk improvements. City Engineer Carl Easton explained this project will replace broken sidewalks on the south side of Lamar Avenue from 1St SE Street to N. Main Street, and the west side of 1St SW Street from Kaufinan Street to Austin Street. She further explained the maximum grant amount of $150,000 was awarded to the City and required a minimum 10% match. Ms. Easton said the City's application included a 30% match of $45,000. Ms. Easton also said the City issued a request for qualifications in May 2016, and received five submittals for design services on the project. She said each submittal was evaluated in accordance with the state procurement procedures, and Birkoff, Hendricks & Carter (BHC) was selected as the most qualified firm. A Motion to enter into a contract with Birkoff, Hendricks & Carter, LLC was made by Council Member Drake and seconded by Council Member Lancaster. Motion carried, 5 ayes — 0 nays. 16. Receive presentation and discuss operations plan and budget needs for Public Works, Engineering, Utilities, and Finance Departments including a Public, Educational & Government Channel (PEG) and public information program. City Council heard from Public Works Director Jerry McDaniel about the Lake Crook road/bridge, drainage, and the need for a road maintainer, parks and drainage employee, the need for a garbage truck, pool improvements, and a parks plan that included addition of a soccer field in West Paris. Following the presentation, Mr. McDaniel answered questions from Council. Next, City Engineer Carla Easton reviewed the engineering department's budget needs and plans, which included an ADA transition plan, adoption of the International Property Regular Council Meeting June 13, 2016 Page 6 Management Code, other codes, construction standards, standardized contracts, a development review committee, permitting fees, an airport hangar, and downtown improvements. Following the presentation, Ms. Easton answered questions from Council. Utilities Director Doug Harris presented his department's budget needs and plans, which included increased cost for USACE O &M, new headworks /mechanical bar screen, replacement of basement flooring, the need to replace two transfer pump valves, surface coating for the 2.0 million gallon ground storage tank and the backwash tower at WTP, rebuilding on one pump at ground storage, rebuilding of two sludge transfer pumps, replacement of filter surface pump, rebuilding pumps at Campbell's & Woodard lift stations, and rebuilding of pumps and replacement of valves at the flow equalization basin. Mayor Hashmi confirmed with Mr. Harris that that no additional funds were being requested and that improvements and purchases were already budgeted. Finance Director Gene Anderson reviewed city hall renovations /repairs, as well as the public information office/PEG funds, and then said Jon McFadden was there to give a presentation about the PEG channel. Prior to hearing from Mr. McFadden, Mayor Hashmi said he would have a difficult time spending money on city hall when citizens' homes were flooding. Mr. Anderson asked them to keep in mind that the money spent on city hall was from historic grants and bond money that could only be spent on city hall renovations. Council Member Trenado opposed spending $60,000 for a new employee salary and said he had already seen the presentation and was still opposed. Council Member Drake inquired about the money that had been collected and set aside and Mr. Anderson said it was $328,000. She said this might be good in the future, but not this year because of the flooding issues. Council Members Jenkins and Lancaster agreed with Council Member Trenado. Following further discussion, it was a consensus of City Council to not pursue a public information office. 17. Receive update for the clean-up of ditches that were in the areas of recent flooded areas, including a timeline present for when trash, brush, dirt, etc. will be removed from the current ditches; and a detailed plan. Council Member Drake said at the last meeting that the city manager told the Council of six areas that were going to be addressed. She said she would like to see a plan; she wanted a timeline and wanted to know the status of getting community service workers. Council Member Drake emphasized that the citizens who were hit the hardest needed an exact date as to when their areas were going to be addressed. Mayor Hashmi said having a timeline was a good ideal. Mr. Godwin said it was difficult to predict an exact schedule but that he would provide a schedule at the next Council meeting. Several citizens in the Old Jefferson Road area expressed appreciation to Council Members Trenado and Jenkins, Mayor Hashmi, John Godwin and Jerry McDaniel for coming to the area to meet with them. Citizen Mr. Cooper said staff did try to work in the area last week, but their equipment broke down. Mayor Hashmi inquired about renting equipment. Mr. Godwin explained that staff was in the process of doing that. Citizen Brandon Deltoro said there were several church groups who were willing to come to Paris and help with this clean-up. Council Member Drake added there were local churches that would be willing to participate in clean-up of the City. Regular Council Meeting June 13, 2016 Page 7 18. 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, as follows: Glick d/b /a Tri-State Iron & Metal v. City of Paris. Mayor Hashmi convened City Council into executive session at 7:04 p.m. 19. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Hashmi reconvened City Council into open session at 7:09 p.m. and said the City Attorney had given Council advice on the lawsuit. Subject to terms and conditions to be worked out by the City Attorney, a Motion to authorize settlement of the lawsuit was made by Mayor Hashmi and seconded by Council Member Lancaster. Motion carried, 5 ayes — 0 nays. 20. Consider and approve future events for City Council and /or City Staff pursuant to Resolution No. 2004 -081. There were no announcements of future events. 21. Adjournment. There being no further business, a Motion to adjourn was made by Mayor Hashmi and was seconded by Council Member Drake. Motion carried, 5 ayes — 0 nays. The meeting was adjourned at 7:10 p.m.