Loading...
06-COUNCIL MINUTES FROM 04.23.12CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: OS/07/2012 Council Date: City Clerk Janice Ellis OS/14/2012 KECOMMENDED MOTION: Motion to approve as presented. 1'ULICY 1SSUE(S): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meetings of April 23, 2012. BOARD/COMMISSION RECOMMENDATION: r,xHini-rs: The attached minutes from the meeting ACTION: BUDGET INFO: ❑ Financial Report Z Minute Order ❑ D t R Expense $ epar ment eport ❑ Resolution ❑ Presentation ❑ O di Budgeted Amt. $ r nance ❑ Public Hearing ~ Other y'I'D Actual $ Acct. Name VTC~A~ XTATi'!- Acct. Number REVIEWED AND APPROVED BY: E Administration N City Clerk ❑ Communiry Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris - - 3 Revised 2/04/08 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS April 23, 2012 The City Council of the City of Paris inet for a regular session at 5:30 p.m. on Monday, Apri123, 2012, 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 El1is, City Clerk; Shawn Napier, City Engineer; Bob Hundley, Police Chief; Ronnie Grooms, Fire Chief; Ron Sullivan, Public Works Director; and Priscilla McAnally, Library Director Openint! Agenda Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Tambarla Savage gave the invocation through song. 3. Aledge of Allegiance. Council Member Grossnickle led the pledge. 4. Citizens' forum. Patsy Carcuffe, 315 York Street - she said she had previously reported a drainage problem and asked for follow-up on the problem. Consent Amda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Chief Hundley answered questions from Council Member McCarthy about item 7, and Mr. Sullivan answered questions about item 8. Mayor Hashmi referred Shannon Barrentine to the PEDC minutes on page 45 and asked about "plenty of opportunities" and what type of cooperation from the City was PEDC referencing. Ms. Barrentine said she was not at liberty to discuss the opportunities, but the cooperation referenced ~ Regular Council Meeting April 23, 2012 Page 2 was about tax abatements. A Motion to approve the Consent Agenda was made by Council Meinber Pickle and seconded by Council Member Avila. Motion carried, 7 ayes - 0 nays. 5. Deliberate and act on the approval of minutes from the meeting on April 9, 2012. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Planning & Zoning minutes (3-5-2012) b. Paris Economic Development Corporation (3-6-2012) c. Paris Historic Preservation Commission (3-14-2012) 7. Deliberate on March monthly financial report. 8. Deliberate on March drainage ditch maintenance report. 9. Deliberate on dilapidated structure report. Re2ular A2enda 10. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2012-011: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND ADOPTING REVISIONS TO THE FUTURE LAND USE PLAN MAP FOR THE CITY OF PARIS AS IT PERTAINS TO LOT 3, CITY BLOCK 203, CITY OF PARIS, LAMAR COUNTY, TEXAS, LOCATED AT 2419 BONHAM STREET, PARIS, TEXAS, FROM RETAIL DISTRICT TO MODERATE-DENSITY RESIDENTIAL USE MAKING OTHER FINDiNGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS GLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTNE DATE. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. Property owner Alvin Atwood spoke in support of this item. Mayor Hashmi asked for anyone wishing to speak in opposition to this item, to please come forward. With no one else speaking, Mayor Hashmi clased the public hearing. City Engineer Shawn Napier said that future land use plan map required an amendment for any zoning changes that did not comply with the recommended use as shown on the map. Mr. Napier said that Mr. Atwood requested that the zoning be changed from a one-family dwelling district to a two-family dwelling district, so that he could renovate an existing structure located at the back of the property to be utilized as an apartment. A Motion to invoke the super inajority rule was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. 5 Regular Council Meeting April 23, 2012 Page 3 A Motion to approve and adopt revisions ta the future land use plan map was made by Council Member McCarthy and seconded by Council Member Frierson. Motion carried, 7 ayes - 0 nays. 11. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2012-012: 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 PARTS OF LOT 3 BLOCK 203, CITY OF AARIS, LAMAR COUNTY, TEXAS LOCATED AT 2419 BONHAM STREET, FROM A ONE-FAMILY DWELLING DISTRICT (SF-1) TO A TWO- FAMILY DWELLING DISTRICT (SF-2) DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY FROVIDING 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 of this item, to please come forward. No one spoke in support of this item. Mayor Hashmi asked for anyone wishing to speak in opposition to 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 Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes - 0 nays. A Motion to approve the zoning change from a One-Family Dwelling District to a Two- Family Dwelling District was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes - 0 nays. 12. Public hearing, deliberate and act on RESOLUTION NO. 2012-042: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE APPLICATION FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM; AUTHORIZING AN 1NTERLOCAL AGREEMENT WITH LAMAR COUNTY; AUTHORIZING THE EXPENDITURE OF FUNDS; ACCEPTING SAID GRANT AWARD UPON NOTICE THEREOF; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING ANEFFECTIVE DATE. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. No one spoke in support of this item. Mayor Hashmi asked for anyone wishing to speak in opposition to this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. s Regular Council Meeting April 23, 2012 Page 4 Chief Hundley told the Council that this was the annual JAG equipment grant, which was divided between the police department and sheriff's office. He said the grant amount was $12,069 and that the City was the gant administrator. A Motion to authorize the grant application was made by Council Member Frierson and seconded by Council Member Pickle Motion carried, 7 ayes - 0 nays. 13. First reading, deliberate and possibly act on ORDINANCE NO. 2012-013: AN ORDINANCE OF THE GITY COUNCIL OF THE CITY OF PARIS, TEXAS; AMENDING SECTION 3-5, CHAPTER 3 ALCOHOLIC BEVERAGES OF THE CODE OF ORDINANCES OF THE CITY OF PARIS TO ALLOW FOR WINE TASTING, SAMPLING AND SALES AT THE MARKET SQUARE FARMERS MARKET, 401 S.W. 1 ST STREET SE, PARIS, TEXAS WITH APPROPRIATE TABC PERMITS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CL,AUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Main Street Direetor Cheri Bedford said at the last Council meeting, she asked Council for direction on amending the current ordinance to allow for the sale of wine at the Farmers Market and Council asked that an amendment be brought back for consideration. A Motion to approve the amendment of Section 3-5 of the Code of Ordinances to allow wine tasting, sampling and sale at the Farmers Market was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes - 0 nays. Acknowledgring the super majority rule was not invoked; a Motion to bring this item back was made by Council Member Pickle and seconded by Counci] Member Grossnickle. A Motion to invoke the super majority rule was made by Council Member Grossnickle and seconded by Council McCarthy. Motion carried. This item was approved as stated in the Motion. 14. Deliberate and possibly act on RESOLUTION NO. 2012-043: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING AN APPLICATION FOR AN AUTOMOBILE BURGLARY & THEFT PREVENTION GRANT FOR CONTINUATION OF OUR AUTO THEFT GRANT FOR CONTINUATION OF OUR AUTO THEFT TASK FORCE THE TOTAL OF THE GRANT IS EXPECTED TO BE $309,323.00 WITH A CASH MATCH FROM THE CITY AND THE COUNTY TOTALING $74,042.00; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTNE DATE. . . Regular Council Meeting April 23, 2012 Page 5 A Motion to approve the application for an Automobile Burglary and Theft Prevention Grant was made by Council Member Grossnickle and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. 15. Update and deliberate on sidewalk repairs. Council Member Pickle gave a presentation on the current condition of sidewalks, completion of sidewalk projects and upcaming sidewalk projects. Council Member Pickle pointed out that the utilities were being placed underground with these projects, which eliminated utility poles on sidewalks. He said there was still a lot of work to be done, progress was being made and that everyone must continue to focus on these projects. He said much of the projects had been accomplished through grant money and referenced the Texas Capital Fund Sidewalk Project. Council Member Pickle also proposed that during the budget process the Council address infrastructure issues, specifically where the sidewalks had already been replaced. He said they were trying to make downtown more accessible and he would like to be able to budget one million dollars every year for these projects, and apply for grants as well. It was a consensus of City Council to continue working on the sidewalk project. Council Member McCarthy said he would like to see the projects extended into the neighborhoods. Council Member Pickle said the Safe Route to School Grant was in the process and if approved, that grant could help with sidewalks. 16. Update and deliberate on Americans with Disabilities "ADA" Act Coordinator for the City of Paris. Gene Anderson said that the City intended to designate an ADA coordinator citing it was not feasible or necessary to add a new full-time employee to accoinplish this goal. He said that evaluation was ongoing as to whether or not to add the responsibility to a single employee or split the duties between two employees. Mr. Anderson told Council that a decision should be made by the end of the month. 17. Deliberate and act on RESOLUTION N0. 2012-044: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AN AMENDMENT TO THE PARIS ECONOMIC DEVELOPMENT CORPORATION BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2011, TO SEPTEMBER 30, 2012 TO MATCH EXPENSE LINE ITEMS WITH THEIR 2012-2014 BUSINESS PLAN. THE TOTAL BUDGET DOES NOT CHANGE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Gene Anderson said that the PEDC Board was requesting that their 2011-12 budget be amended so that expense line items match their 2012-14 business plan and that the total budget would not change. Mr. Anderson said that City Staff recommended approval. A Motion to approve the amendment was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes - 0 nays. . _ .18 Regular Council Meeting April 23, 2012 Page 6 18. Deliberate and act on RESOLUTION NO. 2012-045: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DECLARING SUPPORT FOR THE PARIS ECONOMIC DEVELOPMENT CORPORATION'S APPLICATION TO THE UNITED STATES DEPARTMENT OF AGRICULTURE ("USDA") AND UNITED STATES ECONOMIC DEVELOPMENT ADMINISTRATION ("EDA") RURAL JOBS & INNOVATION ACCELERATOR CHALLENGE FOR A GRANT IN THE AMOLJNT OF $715,000. Assistant PEDC Director Shannon Barrentine said the PEDC was seeking support from the Paris City Council for the Paris EDC's application to the USDA & EDA Rural Jobs & Innovation Accelerator Challenge Grant in the amount of $715,000. She said the fund would enable the Paris EDC and the Red River Region Business Incubator (R3bi) to form the Northeast Texas Rural Competitiveness & Innovation Cluster, fostering entrepreneurial support, spurring rural innovation and advanced manufacturing in a two-state, six-county region including Paris/Lamar County, Clarksville/Red River County, Cooper/Delta County, Bonham/Fannin County, Commerce/Hunt County and Hugo/Choctaw County in Oklahoma. Fred Green from the Incubator answered questions from Council. A Motion to approve the Resolution declaring support for the PEDC's application to the U.S. Department of Agriculture and U.S. Economic Development Administration Rural Jobs and Innovation Accelerator Challenge for a grant in the amount of $715,000 was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes - 0 nays. 19. Deliberate and act on RESOLUTION NO. 2012-046: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A NEW LEASE AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS AND CAREY EATHERLY FOR 684.8 ACRES OF LAND AT COX FIELD AIRPORT IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS; AUTHORIZING THE MAYOR TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mr. Anderson said the current pasture lease covered approximately 684.8 acres and expires May 14, 2012. Mr. Anderson further said that the land had been leased by Carey Eatherly since 1992; the proposed lease rate was $20.00 per acre; and the lease period was for twenty years with a ten year option. Mr. Eatherly proposed that the City Council approve a lease rate of $15.00 per acre and let him build fences around the boundary lines. Council Member Pickle inquired what Mr. Eatherly was currently paying and Mr. Eatherly responded $4.00 per acre. Mayor Hashmi inquired about the length of the boundary fence and the time it would take to build it. Mr. Eatherly said there was about three miles. Mr. Anderson said it would take approximately nine years to build the fence based on the difference between $15.00 and $20.00 per acre formula. 9 Regular Council Meeting April 23, 2012 Page 7 A Motion to approve the lease agreement for $15.00 per acre plus $5.00 toward fencing for a period of twenty years with a one ten year option was made by Council Member Grossnickle and seconded by Council Member Wright. Motion carried, 7 ayes - 0 nays. Gene Anderson confirmed with City Council that upon completion of the fence that the lease payment would increase to $20.00 per acre. Mr. Eatherly said he would take the receipts for the fence materials to Mr. Anderson. Mayor Hashmi recessed City Council at 7:04 p.m. and reconvened City Council into open session at 7:10 p.m. 20. Deliberate and act on A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING AN AGREEMENT WITH HAYTER ENGINEERING, INC., FOR A REHABILITATION STUDY AND PHASE l DESIGN OF THE TRA1L DE PARIS FROM 12TH STREET SE TO THE PARIS/RENO CITY LIMITS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Public Works Director Ron Sullivan said that City Staff and Hayter Engineering had negotiated a scope of services for the rehabilitation of the Trail de Paris from 12th SE to the Paris Reno city limits. Mr. Sullivan said the project would be divided into two segnents. In summary, Reeves Hayter from Hayter Engineering estimated that the rehabilitation study, geotechnical study and design plan for the trai] would cost approximately $85,000. He said that there were expansive soils, tree roots under the asphalt and drainage problems and then answered questions from Council. Earl Erickson told the Council that the trail was used daily by about 200 people and Brad Aldridge expressed concern that the trail could be lost if not repaired soon. Council Member Pickle suggested overlay should be started immediately and in the meantime, ask Mr. Hayter to prepare a cost estimate for drainage issues. In addition, Mayor Hashmi said he would like the worst areas of the trail taken care of first and a proposal for drainage issues brought back. It was a consensus of the City Council for City Staff to immediately repair parts of the trail that were in the worse need following with overlay. The City Council asked that Hayter Engineering bring a proposal outlining the needs for the area that was eroding near Church Street and the drainage issues. 21. Deliberate and act on evaluation of City CouncillCouncil Members and future plans. In keeping with accountability at all levels of City Staff, Mayor Hashmi said he thought the Mayor and Council Members needed to be evaluated for their perfonnance during the preceding year. He also said currently there was no clear mechanism in place for the process and he recommended that they start with a self evaluation process. Mayor Hashmi asked that each Council Member bring information to next meeting outlining the Council's resolutions to issues, mistakes made and plans for the future. 22. Deliberate and act on clean-up and maintenance projects for the City of Paris. - 10 Regular Council Meeting April 23, 2012 Page 8 A Motion to remove this item from the table was made by Council Member Pickle and seconded by Council McCarthy. Motion carried, 7 ayes - 0 nays. Mayor Hashmi inquired of Mr. Sullivan about a street sweeper schedule. Mr. Sullivan presented the Council with a schedule far all of the streets in the City and said that staff would start and finish in the order outlined. 23. Deliberate and act on recommendations of the Task Force on Sub-Standard Structures. Council Member Wright presented the following recommendation made by the Task Force: adoption of a flow chart; focus on repair not demolition; review and possibly amend both the HPC and BSC Ordinances to allow HPC to refer already designated Historic Structures to BSC for repair; City Council budget monies to address engineering studies, or city repair of property; adoption of the tracking spreadsheet, prioritizing properties, tracking progress, reporting status, and posting on-line; recommend becoming a court of record or get support from an existing Court; consider funding opportunities to help property owners including tax abatement, low interest loans, increase faqade grant amount for Historic District properties, designate certain areas as Empowerment Zones, local contribution fund for repairs from business; and look at utilizing money budgeted for demolition and landfill as an avenue to fund engineering studies and utilize possible contributions from local banks via a non-profit entity and look for companies who might demolish structures for materials to help offset cost. Mayor Hashmi asked Building and Standards Commission Chairman Don Wilson if he would like to comment on this item. Mr. Wilson said he was there to ask the City Council to add to the Code of Ordinances a provision that would require the owner of a deteriorated building to hire a structural engineer i£ 1) the owner does not agree with the code enforcement officer's opinion that the building is unsafe; or 2) the City Staff feels unqualified to determine the safety and soundness of the building. Mr. Wilson stated if the owner refuses to secure the structural engineer, the proposed ordinance needs to give the City the authority to assess a civil penalty, as well as hire a structural engineer whose fees can be recovered by filing a lien against the property. Mayor Hashmi confirmed that Mr. Wilson's request was not part of the Task Force recommendations. Mr. Wilson said he would like for Council to discuss this and amend ordinances to give Building and Standards Commission authority to assess a civil penalty and hire a structural engineer. Mayar Hashmi asked City Attorney Kent McIlyar if he would like to comment on this item. Mr. McIlyar explained that the City did not have authority to hire visiting judges, because that procedure was set up through State Statute. He said the Municipal Court did hear code enfarcement cases and was not a court of record. Mr. McIlyar explained the difference between the City of Paris' Municipal Court and a court of record. Mr. McIlyar addressed the Paris Historic Preservation Commission and the Building and Standards Commission interaction on substandard cases. He explained if one of the properties was in the Historic District and it was substandard, the code enforcement officer would first send it to the Historic Preservation Commission for HPC to review and determine if they could do something with the building. Mr. McIlyar said he had seen a lot of these cases sent from HPC to Building and Standards for Regular Council Meeting April 23, 2012 Page 9 action. He said the current procedure had been on the books for approximately ten to twelve years and if Council wanted to change the procedure, City Staff would need input from the Historic Preservation Commission in more detail and suggestions of what they wanted to do different. Mr. McIlyar gave an example, such as properties that were falling in disrepair in the Historic District and if the Historic Preservation Commission wanted to start referring them out to non-profits for repairs or funding some kind of system to help repair them and keep them off of demolition track. Mayor Hashmi said a lot of time, effort and work had gone into this project and he appreciated all that those who had worked on this project. Mr. Anderson said at this point that Council needed to receive these recommendations, because some of the items would need to be brought back as separate items and some items would need to be addressed during budget, such as Mr. Wilson's request to hire a structural engineer in certain instances. A Motion to receive the recommendations from the Task Force was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. 24. Receipt and report on preclearance letter received from the Department of Justice approving the 2011 redistricting plan for the City of Paris. City Clerk Janice Ellis told Council that the Department of Justice issued a preclearance letter March 22, 2012 for the City of Paris 2011 Redistricting Plan. She said that a public notice of changes in election precincts was published in the Paris News on April 13, 2012; April 20, 2012; and the third notice would be published April 27, 2012. Ms. Ellis also said the notice was posted on the City Hall Annex board and on the City web-site. 25. 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 conflicts with this chapter. Mayor Hashmi said there was nothing to be discussed in Executive Session and moved to item 27. 26. Reconvene into open session, deliberate and possibly take action on those matters discussed in Executive Session. 27. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Nothing was referenced. . 12 Regular Council Meeting April 23, 2012 Page 10 28. 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 8:30 p.m. A.J. HASHMI, MAYOR JANICE ELLIS, CITY CLERK 13