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05 - MINUTES OF COUNCIL MEETING ON 09/26/2016Item No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 26, 2016 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, September 26, 2016, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor Pro -Tem: Billie Lancaster Council Members: Aaron Jenkins; Billy Trenado; Steve Clifford; Matt Frierson; and Cleonne Drake City Staff: Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Carla Easton, City Engineer; Kent Klinkerman, EMS Director; Doug Harris, Utilities Director; Larry Wright, Fire Chief; and Bob Hundley, Police Chief'' Mayor: A.J. Hashmi Opening Agenda Call meeting to order. Mayor Pro -Tem Lancaster called the meeting to order at 5:30 p.m. Invocation.': Gene Anderson gave the invocation. 3. Pledge of Allegiance. Mayor Pro -Tem Lancaster led the pledge. 4. Citizens' Forum. No one spoke during citizens' forum. Consent Agenda Mayor Pro-Tern Lancaster inquired of Council Members if they wished to pull any items from the consent agenda for discussion. There being none, a Motion to approve the consent agenda was made by Council Member Clifford and seconded by Council Members Trenado and Frierson. Motion carried, 6 ayes — 0 nays. 5. Approve minutes from the meetings on September 6, 2016; September 12, 2016; and September 19, 2016. Regular Council Meeting September 26, 2016 Page 2 6. Receive reports and /or minutes from the following boards, commissions, and committees: a. Airport Advisory Board (6 -16 -2016) b. Historic Preservation Commission (8 -10 -2016) c. Paris -Lamar County Board of Health (7 -18 -2016) d. Main Street Advisory Board (8 -9 -2016) e. Paris Economic Development Corporation (8 -16 -2016 & 8 -23 -2016) 7. Receive August monthly financial report. 8. Receive August drainage report. 9. Receive demolition and code enforcement activity reports. 10. Appoint one member to the Main Street Advisory Board to fill a vacancy. 11. Appoint one member to the Historic Preservation Commission to fill a vacancy. V 12. Approve a Letter of Agreement between the City of Paris and Oncor Electric to continue h to operate under the terms of the current Franchise Agreement between the parties. Regular Agenda 13. Receive and discuss update from PEDC on the spec building located at 2305 NW Loop 286 (formerly known as the Oliver Rubber Building). PEDC Executive Director Michael Paris, Vice - Chairman John Brockman, and Board Member Derrick Hughes gave an update to City Council on the spec building and a proposal, which included expenses thus far and estimated future expenses of $776,300 to have a shell building constructed. Mr. Paris told the Council the Board had discussed two conditions related to this building and wanted to relay those to Council, which were the spec building could not be leased without the approval of the City Council and the spec building could not be sold without the approval of the City Council. He said he wanted to discuss the proposal before presenting it for a vote, so that the PEDC Board could address any concerns of the City Council. Board Member Hughes added that at the conference they recently attended in Houston, spec buildings were highly recommended and without one they could lose potential clients. Council Member Drake inquired if the conditions would carry onto the next Council when the Council changes. City Attorney Stephanie Harris said if they approved it with conditions, the conditions would be attached and does carry over to the next Council. Council Member Frierson said he appreciated the dialog going back and forth and asked Mr. Paris and the Board Members to carry the Council through the steps PEDC went through thus far. Mr. Brockman explained the steps which included competiveness, that they could build below the market, and would not lose money if even if the building was not leased for five years. Mr. Regular Council Meeting September 26, 2016 Page 3 Brockman said the property consisted of 18 acres and they did not have to use all of it for the spec building. He explained because the slab was in existence, it would cost $28.00 a square foot instead of $50.00 a square foot to construct the building. Council Member Clifford said the slab and utilities would still be in existence if they did not construct the spec building. He said the real question was whether or not they wanted to take this high risk with the tax payers' money. Council Member Clifford said he was opposed to using the tax payers' money to build a spec building. He explained he had done quite a bit of research and it was revealed that spec buildings were high risk, most set vacant for years, and advice was not to construct a spec building unless you lived close to an Interstate. He said that Paris, Tennessee still had a vacant spec building in their town that was built in 2004. Council Member Clifford also said that the Phillips Building stayed vacant for almost ten years, that C- Tech cost the Paris taxpayers over one million dollars, but the owners were able to retain it. In summary, Council Member Clifford said he was opposed to constructing a spec building because they should not risk the public's money. Council Member Trenado wanted to know if Mr. Paris had spoken to any companies who might want to lease the building if constructed and Mr. Paris said he had not. Mayor Pro -Tem Lancaster opposed the spec building, because she said there were vacant buildings around town, and dilapidated buildings that needed to be taken down, and there was much needed infrastructure. Board Member Hughes said while at the EDC Conference, he learned that the Board could not do some of the things Mayor Pro -Tem Lancaster referred to because PEDC was a Type A and it would be against the law. He also said if PEDC were a type AB or B, PEDC could spend money on some of the referenced projects. Board Member Hughes said he understood it was a high risk but without the building, they would not get an industry here. PEDC Director Paris inquired from City Council if there was anything they needed from PEDC or if there was anything they needed PEDC to do. Mayor Pro -Tem Lancaster said she would need to know that if someone was coming before she could support this. Council Member Drake said she would like some statistics in Texas about spec buildings that were constructed by EDCs that were similar in size to Paris. Council Member Clifford said he did a lot of research and on average a spec building sits vacant for five years. Mr. Paris said Council Member Clifford was correct. Council Member Clifford also said it would be next to impossible in getting the kind of information Council Member Drake is seeking, because Mt. Pleasant EDC was the only EDC he found similar to Paris that had constructed a spec building. Mr. Paris said PEDC would probably bring something back on this item in order to get an up or down vote for the project. 14. Discuss and act on budget amendments to Paris Economic Development's Budget FY 2015 -2016. Mr. Paris said amendments were needed for expenses that went over or under budget, but the budget was balanced. Mr. Anderson said the changes were necessitated by Depot Operation expenses and personnel changing from a contract labor position to a permanent position. Regular Council Meeting September 26, 2016 Page 4 A Motion to approve the budget amendments was made by Council Member Frierson and seconded by Council Member Trenado. Motion carried, 6 ayes — 0 nays. 15. First reading, discuss and vote on an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, GRANTING TO ONCOR ELECTRIC DELIVERY COMPANY LLC, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC DELIVERY FRANCHISE FOR THE NON - EXCLUSIVE RIGHT TO USE AND OCCUPY PUBLIC RIGHTS -OF -WAY WITHIN THE CITY OF PARIS FOR THE CONSTRUCTION AND OPERATION OF AN ELECTRIC TRANSMISSION AND DISTRIBUTION SYSTEM; PRESCRIBING CONDITIONS GOVERNING THE USE OF THE PUBLIC RIGHTS -OF -WAY; PROVIDING FOR COMPENSATION THEREFOR; PROVIDING FOR AN EFFECTIVE DATE AND A TERM OF SAID FRANCHISE; PROVIDING FOR WRITTEN ACCEPTANCE OF THIS FRANCHISE; PROVIDING FOR THE REPEAL OF ALL EXISTING FRANCHISE ORDINANCES TO ONCOR ELECTRIC DELIVERY COMPANY LLC, ITS PREDECESSORS AND ASSIGNS, AND �` FINDING THAT THE MEETING AT WHICH THIS FRANCHIES IS PASSED IS OPEN TO THE PUBLIC; AND PROVIDING FOR SEVERABILITY. Mr. Anderson explained that the agreement with Oncor expired June 30 and the City Council had approved two extensions. He also said a new agreement was negotiated and reached but the Charter required the City to have three readings prior to the agreement being approved and put into place. ��0 ; A Motion to approve this reading was made by Council Member Clifford and seconded by Council Member Drake. Motion carried, 5 ayes — 1 nay, with Council Member Jenkins casting the dissenting vote. Mr. Anderson announced the second reading would take place at the October 10 City Council meeting. 16. Discuss and act on ORDINANCE NO. 2016 -028: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SEC. 26 -1 COMPOSITION OF DEPARTMENT, OF CHAPTER 26, POLICE, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS BY REDUCING THE NUMBER OF LIEUTENANTS EMPLOYED BY THE PARIS POLICE DEPARTMENT BY ONE AND INCREASING THE NUMBER OF POLICE OFFICER POSITIONS BY ONE OFFICER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Chief Hundley explained with the retirement of a uniform Patrol Captain June 1, Lt. Joseph Nelms was recently promoted to Captain which left a Lieutenant Position open that was no longer needed. Chief Hundley requested that the number of Lieutenants be reduced from 9 to 8, and the number of officers be increased from 42 to 43. Regular Council Meeting September 26, 2016 Page 5 A Motion to approve this item was made by Council Member Drake and seconded by Council Member Trenado. Motion carried, 6 ayes — 0 nays. 17. Consider and approve future events for City Council and /or City Staff pursuant to Resolution No. 2004 -081. Council Member Drake brought to the attention of everyone that there were going to be a lot of activities in Paris throughout the month of October. 18. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Frierson and was seconded by Council Member Clifford. Motion carried, 6 ayes — 0 nays. The meeting was adjourned at 6:56 p.m. A.J. HASHMI, M.D., MAYOR JANICE ELLIS, CITY CLERK