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05 - APPROVE MINUTES FROM COUNCIL MEETINGS ON 09/06/2016, 09/12/2016, 09/19/2016MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 6, 2016 The City Council of the City of Paris met for a special session at 5:30 p.m. on Tuesday, September 6, 2016, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Council Members: City Staff Absent: City Council: Call meeting to order. A.J. Hashmi Billie Lancaster; Aaron Jenkins; Billy Trenado; Steve Clifford; and Cleonne Drake John Godwin, City Manager; Stephanie Harris, City Attorney; Katriana Wright, Deputy City Clerk; Gene Anderson, Finance Director; Carla Easton, City Engineer; Larry Wright, Fire Chief, Bob Hundley, Police Chief; Kent Klinkerman, EMS Director; Doug Harris, Utilities Director; Jerry McDaniel, Public Works Director; and Clyde Crews, Fire Marshal Matt Frierson Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Conduct the first public hearing on the City's proposal to increase tax revenues from the preceding tax year and to set the tax rate for 2016. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. 3. Conduct a public hearing on the City Manager's proposed budget for fiscal year 2016- 2017. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. Larry Schenk, 3765 Dawn Drive, said he wanted to address an issue that had been overlooked for too long. He said it had been at least a decade since the city had approved a Cost of Living Adjustment (COLA) for City retirees, and that he was not the first one to bring this forward over the last several years. Mr. Schenk said he was talking about the people who citizens called in the night because of a prowler or accident, the people who picked up trash, made sure everyone had clean water, the people who kept the streets passable, made the parks enjoyable and provided a library full of knowledge. Mr. Schenk reported that many of the retirees were the people who in many instances spent the very essence of their working lives, as much as 25 or 30 years, in dedicated public service to this community. Mr. Special Council Meeting September 6, 2016 Page 2 Schenk said it was past time to look upon City retirees as they would any other deserving entity or asset and begin again the practice of COLA adjustments for retirees. With no one else speaking, Mayor Hashmi closed the public hearing. Mayor Hashmi inquired a time that Council could review the COLA for retirees. Mr. Godwin said they could discuss it at their regular meeting on September 12 and then pointed out the cost would be over a million dollars. 4. Discuss and act on RESOLUTION NO. 2016 -030: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CALLING A PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE CITY MANAGER'S PROPOSED BUDGET FOR FISCAL YEAR 2016 -17; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mr. Godwin explained that a public hearing was required on any amendments to the budget and that the public hearing was scheduled for the September 19 special city council meeting. 0 k >< Mayor Hashmi inquired how the million dollar figure was reached for the retiree COLA. Mr. Godwin explained that Mr. Anderson obtained the financial information from TMRS. Mr. Anderson said if they went back and made the adjustments every year like they did in the past, that the City's contribution would increase by $1,330,807 per year, which would provide an annuity increase equal to 70% of the inflationary change since the last update. Mr. Anderson further explained to provide a one -time raise for retirees at 70% would increase the annual costs by $293,815 and if that inflationary percentage were reduced to 50 %, costs would be $212,336. Mr. Anderson said the lowest inflationary percentage allowed by TMRS was 30% and that would cost $146,907 each year. Mayor Hashmi inquired the amount each retiree would receive should they make changes. Mr. Anderson said several factors would determine that such as age and years of service. He also said that the City did not make that determination, but that TMRS calculated those numbers. Council Member Lancaster wanted to know the latest date they could add something to the budget. Mr. Godwin said Monday. A Motion to approve this item was made by Mayor Hashmi and seconded by Council Members Clifford, Trenado and Lancaster. Motion carried, 6 ayes — 0 nays. 5. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Drake and was seconded by Council Members Clifford and Trenado. Motion carried, 6 ayes — 0 nays. The meeting was adjourned at 5:47 p.m. JANICE ELLIS, CITY CLERK t' p" Special Council Meeting September 6, 2016 Page 3 A.J. HASHMI, M.D., MAYOR M MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 12, 2016 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, September 12, 2016, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Billie Lancaster; Aaron Jenkins; Billy Trenado; Steve Clifford; Matt Frierson; 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; Kent Klinkerman, EMS Director; Doug Harris, Utilities Director; Jerry McDaniel, Public Works Director; and Priscilla McAnally, Library Directorw Openiny, Agenda } It 1. 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. 4. Citizens' Forum. Sharon Reynerson, 2054 Cleveland St. — she said the first time she saw the maintenance code item was in the Paris News and she would like to know where she could get a copy, because the print was so small. She expressed concern that the public did not have more notice, the impact this would have on rental property for the minority population and low income persons. In addition, Ms. Reynerson wanted to know why cameras were necessary at the water park, because the water park was for the children. Ken Kohls, 3935 Brandyn — he expressed about the passing additional codes. He said that he serves on the Building and Standards Commission, and code enforcement was overworked, understaffed and unfunded to enforce these types of codes. He said to be effective, Regular Council Meeting September 12, 2016 Page 2 this ordinance had to have teeth in it so that code could effectively enforce it. He also said the prosecutor would be very busy with these cases. Bob McKnight, 764 -3rd NW — he said he wished they would make the ordinance stronger, as well as the ordinance dealing with trash by the curb. He also said they needed to add code enforcement officers. Mary Pruitte, 1036 W. Washington — she said at an earlier Council meeting she spoke about asbestos in older homes, but should have spoken about lead poisoning. She asked that when houses were being demolished they took this into consideration. Syble Colson, 819 Lamar Ave. — she complained about the procedure of springing item 14 on an agenda without any advance notification to the public and not getting any citizen input. Ms. Colson said people have the right to give their input. Louise Hagood, 556 Fitzhugh — she said she hope that they strengthen the ordinance under item 14. She said she spoke to Mr. Godwin when he first came to town and told him he had two weak areas, one of which he has taken care of and the other one is code enforcement. Mrs. Hagood said when someone comes to town, their perception is residents do not care about their property, but there are residents who do care. Brenda Cherry, 1442 Fitzhugh — she asked them to give more thought about the all night outdoor club next to where she lives. She said there were drug dealers in the street and she also said they need to give more thought about the unsolved murders. , Carol Hufnagel, 720 Bunker — she questioned why a new ordinance was being considered when the current ones were not being enforced. She also wanted to know who paid for the water at the new park and who was responsible for turning it on and off, because it was on all times of the day. Mayor Hashmi said they could not respond but would find out and let her know. Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pull any items from the consent agenda for discussion. Council Member Drake asked about the location with regard to item 7, to which Mr. Godwin responded. Mayor Hashmi confirmed with Mr. Godwin that engineering qualifications were reviewed prior to selection of the firm. A Motion to approve the consent agenda was made by Council Member Lancaster and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 5. Approve minutes from the meeting on August 22, 2016. 6. Receive reports and/or minutes from the following boards, commissions, and committees: a. Paris Economic Development Corporation (7 -21 -2016) b. Paris Public Library Advisory Board (7 -20 -2016) Regular Council Meeting September 12, 2016 Page 3 c. Traffic Commission (8 -2 -2016) 7. Authorize the City Manager to execute a contract with Cobb Fendley & Associates for hydraulic analysis of Big Sandy Creek, Tributaries 4 & 6, for an amount not to exceed $85,000. Regular Agenda Conduct a public hearing on an Ordinance regarding the petition of Timothy Waugaman and Vera Wright for a change in zoning from Single - Family Dwelling District No. 3 (SF- 3) to a Single - Family Dwelling District No. 3 (SF -3) with a Specific Use Permit (39- Mobile Home), on Block 3, Lots 7 through 10, of the Colonial Addition, being located at 1450 West Walker Street. City Manager John Godwin explained this item was to be heard by Planning and Zoning but the meeting was cancelled due to lack of a quorum. He asked that the public hearing be opened and remain open until the October 10 City Council meeting so that the City would not have to re- advertise. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. Ken Kohls spoke in opposition of this zoning change citing that mobile homes did not belong in residential areas. He asked City Council to deny this zoning change request. Mayor Hashmi said the public hearing would remain open until October 10. 9. Conduct the second public hearing on the City's proposal to increase tax revenues from the preceding tax year and to set the tax rate for 2016. Mayor Hashmi confirmed with Mr. Godwin that the tax rate was not increasing this year. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. 10. Discuss and provide direction to staff on the City Manager's proposed budget for fiscal year 2016 -17. Mayor Hashmi inquired of Council Members if they had any additional direction for the City Manager. Council Member Lancaster reminded Mr. Godwin about the addition to the budget for controlling the cat population. 11. Discuss and act on final payment in the amount of $60,337.75 and project close out for Contract B 1 with B. Bray Construction. City Engineer Carla Easton said staff had processed a couple of change orders and the final contract amount including all change orders was $2,526,764.00. Ms. Easton also said that B. Bray Construction had completed all work under this contract, the total pay amount to B. Bray Regular Council Meeting September 12, 2016 Page 4 Construction under this contract was $2,497,242.00 and the only remaining payment was for the retained amount of $60,337.75 which would be released upon final acceptance by City Council. Mayor Hashmi confirmed with Mr. Godwin that all issues had been resolved. Council Member Clifford asked Ms. Easton if the work was completed to her satisfaction, to which she responded yes. A Motion to approve this item was made by Council Member Mayor Hashmi and seconded by Council Member Trenado. Motion carried, 7 ayes — 0 nays. 12. Discuss and act on ORDINANCE NO. 2016 -023: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO COUNTY WASTE COLLECTIONS, LLC, 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. Mr. Godwin said this item and the next were renewal of existing permits for the two companies that were currently doing business within the City. A Motion to approve this item was made by Mayor Hashmi and seconded by Council Member Trenado. Motion carried, 7 ayes — 0 nays. 13. Discuss and act on ORDINANCE NO. 2016 -024: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO SANITATION SOLUTIONS, INC., 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 approve this item was made by Mayor Hashmi and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 14. Discuss and act on an Ordinance of the City Council of the City of Paris, Texas, amending Chapter 7 of the Paris Code of Ordinances, by amending Section 7 -16, as heretofore amended; providing for adoption of the 2015 International Property Maintenance Code and certain Local Amendments; providing a penalty clause; providing a savings clause; providing a severability clause; and proving an effective date. Regular Council Meeting September 12, 2016 Page 5 Mr. Godwin said cities like Paris have been inspecting new construction and repairs /remodels for many years in an effort to ensure structures were built in a reasonably safe manner. He also said that once construction was completed, there was very little the City could do to ensure it stays safe. Mr. Godwin explained the City was looking for a stronger tool to address property maintenance, especially the interior of structures. He said the International Property Maintenance Code would allow the City to more quickly address health and safety issues such as ventilation, sanitation, plumbing, occupancy, wiring, and fire safety. Mr. Godwin said City code enforcement officers could issue notices of violation and the City's Building Standards Commission could act as an appeals board, if needed. Mr. Godwin also said the Council gave its general agreement to adoption of this code in July and that staff had completed a series of amendments. Council Member Lancaster expressed concern about citizens' property rights and opposed these amendments. Council Member Drake said she was concerned about doing this because of potential lawsuits. She also said she was about safety and health, but they needed to slow down and review this further. Council Member Clifford said after having read the International Code over the weekend, that he had too many objections to list. He said you would be out of compliance if you had chipped paint on your house, if your roof leaked, if your home wasn't completely painted, if you had standing water, if your windows would not open or lock and if your living room wasn't at least 120 square feet. Council Member Clifford said he did not believe there was a house in Paris that would pass all of these. Council Member Frierson asked Mr. Godwin for comments, to which he said he could see there were not the votes to pass this ordinance and he did not want to waste their time. He said there were concerns like children eating paint that was peeling off of houses. He also said this was for all residences, not just rental property. Council Member Trenado said he would like to see landlords responsible for making safe places to live. Council Member Drake inquired of Mr. Godwin if this had to be a blanket type item or if they could select certain sections. Mr. Godwin said they could select what they thought would work best for Paris and they could appoint a committee to review the proposed amendments or have Building and Standards review and come up with suggestions. Council Member Drake said there were some good sections in the amendments. Sharon Reynerson said there were federal laws in place under the property code that prohibit raw sewage and that the health department could also be involved. She said the Housing Authority was the agency to do those inspections. Grover Glatfelter said rental property was a business and maybe they should look at a certificate of occupancy process for rental of property. Mayor Hashmi said he agreed with Mrs. Hagood and Mr. Kohls, in that if there were no teeth in this ordinance it would not be good to pass it. Mayor Hashmi said the City did not have the money or enough people to enforce these codes but at the same time part of the responsibility of the City was health and safety. He said this was not the right approach to the problem and maybe the City Manager could review the issues further and bring back suggestions to the Council at a later date. Council Member Frierson asked if anyone had suggestions for Mr. Godwin, because he was directed to bring an ordinance to the Council and he had done that. He said Mr. Godwin needed direction. Mr. Godwin said staff had actually talked about certificates of occupancy and that staff would regroup, discuss these issues and bring something back to Council. Mayor Hashmi said next time they should place the item on two Council meetings, so that the public would have a chance to review it. Regular Council Meeting September 12, 2016 Page 6 A Motion to deny this item was made by Council Member Clifford and seconded by Council Member Trenado. Motion carried, 6 ayes — 1 nay, with Council Member Frierson casting the dissenting vote. 15. Convene into Executive Session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property, to -wit: PEDC property discussion with reference to Powder Innovations. Mayor Hashmi said he needed to talk to the city attorney and get her advice. He said when he wrote this and placed it on the agenda he did not correctly write it. He said it was about the property given to Powder Innovations by PEDC and Council had not received an update. He asked City Attorney Stephanie Harris if this discussion was appropriate for executive session. Ms. Harris advised that it was not and should be held in open session. e PEDC Vice -Chair John Brockman reported that in November of 2014, PEDC granted Powder Innovations 8 acres of land in the Industrial Park area. He said the contract with said they had two years to build a building or PEDC could take back the property. Mr. Brockman said Powder Innovations had not started construction of the building and that PEDC was not in possession of the 8 acres. Mr. Brockman said PEDC did not want anyone to look at them in a negative way, because they were open and in business but just had not expanded as they had hoped. 16. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Hashmi skipped item 16, as it was not need:` 17. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. None were referenced. 18. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Frierson and was seconded by Council Member Trenado. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 6:20 p.m. A.J. HASHMI, M.D., MAYOR JANICE ELLIS, CITY CLERK MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 19, 2016 The City Council of the City of Paris met for a special session at 5:30 p.m. on Monday, September 19, 2016, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Council Members City Staff- Call meeting to order. A.J. Hashmi Billie Lancaster; Aaron Jenkins; Billy Trenado; and Steve Clifford 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; Kent Klinkerman, EMS Director; Doug Harris, Utilities Director; and Jerry McDaniel, Public Works Director Matt Frierson and Cleonne Drake Mayor Hashmi called the meeting to order at 5:30 p.m 2. uct a public hearing on amendments to the FY 2016 17 budget. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. Larry Schenk addressed the City Council about a cost of living adjustment for city employee retirees. Mr. Schenk said he addressed the Council two weeks ago and it was his understanding that a COLA would be included in the budget and that it would be discussed at the last Council meeting according to the City Manager's letter to Council. He said he did not understand why procedurally it could not be done. Mayor Hashmi deferred to City Attorney Stephanie Harris. Ms. Harris said it was not one of the two amendments included and could not be discussed because it was not on the agenda. Mr. Schenk said he wanted the record to reflect that there was no formal vote on the amendments. Ms. Harris said this was the public hearing on the amendments and Council would be voting under item 4 for the budget. Tommy Haynes spoke in favor of retirees receiving a COLA and said after the last meeting he spoke to the city manager who told him there was no interest in giving a COLA to retirees, but that he spoke to Council Members Lancaster, Clifford and Trenado who said it was not too late. Ms. Harris reiterated this was not a posted agenda item. Stephen "Red" Holmes asked if they could possibly amend the budget at a later date and Mr. Godwin answered in the affirmative. Council Member Trenado inquired of Mr. Godwin if the employees got a raise this year and Mr. Godwin told him no. Special Council Meeting September 19, 2016 Page 2 A.W. Clem expressed appreciation about including $8,000 in the budget for the Northeast Trail, to which Mayor Hashmi said had not been approved yet. Pat Cochran spoke in support of the budget amendment for the Northeast Trail. With no one else speaking, Mayor Hashmi closed the public hearing. 3. Discuss and act on ORDINANCE NO. 2016 -025: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO TRANSFER UNENCUMBERED FUNDS FROM VARIOUS DEPARTMENTS TO OTHER DEPARTMENTS WHICH ARE EXPECTED TO OVER - EXPEND THEIR ORIGINAL BUDGET APPROPRIATIONS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Finance Director Gene Anderson explained this item was the annual year end housekeeping ordinance that increases certain departmental budgets to cover anticipated expenditures. He said the increases were offset by decreasing other departmental budgets which have an appropriation surplus and by drawing down the General Fund Reserve as directed by the City Council. A Motion to approve this item was made by Council Member Clifford and seconded by Council Member Trenado. Motion carried, 5 ayes — 0 nays. 4. Discuss and act on ORDINANCE NO. 2016 -026: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER 1, 2016, AND ENDING SEPTEMBER 30, 2017, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF PARIS; APPROPRIATING THE VARIOUS AMOUNTS THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City Manager John Godwin said City Council was provided a copy of the budget several months ago, they had discussed it, amendments were made and required hearings were conducted. A Motion to approve this item was made by Council Member Lancaster and seconded by Council Member Clifford. Motion carried, 5 ayes — 0 nays. 5. Discuss and ratify the property tax increase reflected in the budget as required by Local Government Code Section 102.007(c). Mr. Godwin addressed items 5 and 6 because he said basically they were the same thing but required two separate votes which were required by State Law. Mr. Godwin said even though they were not raising taxes and the tax rate would remain at .50195, there would be an Special Council Meeting September 19, 2016 Page 3 increase due to additional construction and higher property values. Mr. Godwin said item 6 was to specifically adopt a tax rate. A Motion to approve this item was made by Council Member Trenado and seconded by Council Member Lancaster. Motion carried, 5 ayes — 0 nays. 6. Discuss and act on ORDINANCE NO. 2016 -027: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, FIXING THE TAX RATE AND THE TAX LEVY AND LEVYING AD VALOREM TAXES FOR THE CITY OF PARIS FOR THE CALENDAR YEAR 2016 UPON ALL TAXABLE PROPERTY WITHIN THE CITY OF PARIS IN CONFORMITY WITH THE CHARTER PROVIDINS AND ORDINANCES OF THE CITY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Trenado and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 7. Adjournment.�°" There being no further business, a Motion to adjourn was made by Mayor Hashmi and was seconded by Council Member Lancaster. Motion carried, 5 ayes — 0 nays. The meeting was adjourned at 5:53 p.m. A.J. HASHMI, M.D., MAYOR JANICE ELLIS, CITY CLERK