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05-MAY COUNCIL MINUTESCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 06/07/2012 Council Date: 06/ 11 /2012 Otiginating Depattment: City Clerk Presented By: Janice Ellis Agenda Item No.: 5. RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE(S): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meetings of May 31, 2012. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meeting ACTION: BUDGET INFO: ❑ Financial Report ~ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ❑ Administration [Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Coutt ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris 1 Revised 2/04/08 . MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS May 31, 2012 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Thursday, May 31, 2012, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Aaron Jenkins; Billie Lancaster; John Wright; and Matt Frierson; and Cleonne Drake City Staff: John Godwin, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Shawn Napier, City Engineer; Randy Tuttle, Assistant Police Chief; Ronnie Grooms, Fire Chief; Ron Sullivan, Public Works Directar; Kent Klinkerman, EMS Director; and Doug Harris, Public Utilities Director Absent: Council Member: Richard Grossnickle Opening Agenda 1. Call meeting to order. Mayar Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Reverend Bob Bush gave the invocation. 3. Pledge of Allegiance. Council Member Frierson led the pledge. 4. Citizens' forum. Steve Gilbert, PEDC Director - he presented PEDC Board Member poug Wehrmann with a t-shirt. Robyn Zimmerman, 4605 Stillhouse Road - she spoke in support of item 14, the disannexation of her property and cited lack of services. Skyler Burchinal, 1801 FM 1510, Brookston, Texas - he said he had researched tax foreclosed properties and learned that the City has 115 properties available to be sold. Mr. , 2 Regular Council Meeting May 31, 2012 Page 2 Burchinal stated that some of the liens amounted to five or six times more than what the property would bring at fair market value. He asked the City Council to review the City's policy of attaching and releasing mowing, maintenance and demolition liens on these properties, because the liens were hindering some of these properties from being sold and placed back on the tax rolls. Gene Anderson, Interim City Manager - he said that Mr. Burchinal was told if he was willing to construct something on the property, that the City would be willing to forego any liens on the property. Mr. Anderson said he told Mr. Burchinal that the City was not going to forego the lien just so he could resale the property and make a profit. Stan McKee, Oncor Electric Delivery Manager - he said the economic plan for Paris/Lainar County was the most comprehensive and dedicated plan that he had seen in all of the communities of which he had worked. Consent Ap-enda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Council Member Frierson asked that the April monthly financial report be pulled for discussion. He asked for an update on the LaQuinta hotel/motel tax and Mr. Anderson told him they were current according to the agreement. Mayor Hashmi said that PEDC had asked that their minutes of April 26, 2012 be pulled from the Consent Agenda. Subject to the removal of PEDC's minutes of April 26, 2012, A Motion to approve the Consent Agenda was made by Council Member Wright and seconded by Council Member Frierson. Motion carried, 6 ayes - 0 nays. 5. Deliberate and act on the approval of minutes from the meetings on May 14, 2012 and May 21, 2012. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and coinmittees: a. Planning and Zoning (5-7-2012) b. Historic Preservation Commission (4-23-2012) c. Airport Advisory Board (4-19-2012) d. Paris Public Library Advisory Board (4-18-2012) e. Paris Economic Development Corporation (4-10-2012; 4-16-2012; & 4-26-20] 2) 7. Deliberate on April monthly financial report. 8. Deliberate on April drainage ditch maintenance report. 3 Regular Council Meeting May 31, 2012 Page 3 9. Deliberate on dilapidated structure report. Regular Agenda 10. Recognition of Gene Anderson for his service as Interim City Manager. On behalf of City Council, city staff and the citizens of Paris, Mayor Hashmi expressed appreciation to Mr. Anderson far his service as Interim City Manager and presented Mr. Anderson with a plaque. 11. Administer Oath of Office to City Manager John Godwin. Mayor Hashini announced that Mr. Godwin had already taken the oath of office and explained this was for ceremonial purposes only. City Clerk Janice Ellis administered the oath. 12. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2012-014: 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 12, CITY BLOCK 259, CITY OF PARIS, LAMAR COUNTY, TEXAS, LOCATED AT 700 BLOCK OF NORTH COLLEGIATE DRIVE, PARIS, TEXAS, FROM RETAIL TO LOW- DENSITY RESIDENTIAL MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY 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. 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. City Engineer Shawn Napier told the Council that East Paris Baptist Church requested a zoning change to allow them to utilize a lot far parking. Mr. Napier said the Future Land Use Plan Map would have to be amended prior to Council considering zoning change. 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 amend the Future Land Use Plan Map was made by Council Member Frierson and seconded by Council Member Wright. Motion carried, 6 ayes - 0 nays. 13. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2012-015: 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 12, BLOCK 259, CITY OF ---4 Regular Council Meeting May 31, 2012 Page 4 PARIS, LAMAR COUNTY, TEXAS LOCATED IN THE 700 BLOCK OF NORTH COLLEGIATE DRIVE, FROM A PLANNED DEVELOPMENT DISTRICT (PDaI-b) COMMERCIAL GENTER OR HOUSING DEVELOPMENT TO A ONE-FAMILY DWELLING DISTRICT NO. 2(SF-2) DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER GLAUSE, 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. 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 Frierson and seconded by Council Member Drake. Motion carried, 6 ayes - 0 nays. A Motion to amend the Future Land Use Plan Map was made by Council Member Frierson and seconded by Mayor Hashmi. Motion carried, 6 ayes - 0 nays. 14. Deliberate and provide direction to City Staff on request from Dr. & Mrs. Zimmerman to disannex approximately 13 acres located on the west side of Stillhouse Road. Mayor Hashmi asked to be recused from discussion of this itein and asked that Council Member Wright preside during his absence. A Motion to recuse Mayor Hashmi was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 6 ayes - 0 nays. Council Member Wright asked for anyone wishing to speak in support or opposition of this item, to please come forward. No one spoke. A Motion to direct staff to move forward with disannexation of this property was made by Council Member Wright and seconded by Council Member Frierson. Motion carried, 5 ayes - 0 nays. City Attorney Kent McIlyar advised that prior to disannexation, State Law required two public hearings during a specific time period and that notices must be published in the newspaper. A Motion to return Mayor Hashmi to the meeting was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 5 ayes - 0 nays. 15. Report from J. Stowe & Company on the results of the annual water and sewer rate cost of service study. Gene Anderson said that some of the current water contracts required the City to have an annual water and sewer rate cost study. _ _1 5 Regular Council Meeting May 31, 2012 Page 5 Mr. Anderson introduced Chris Ekrut from J. Stowe & Co., who gave a report to the Council. In summary, Mr. Ekrut reported that the City's current wastewater rates were not sufficient to meet the test year budgeted revenue requirements and the City's Rate Maintenance Policy. He recommended that the City increase its current retail wastewater rates by 6.3%. Mayor Hashmi asked Council Member Frierson to study the report and summarize it for Council, similar to what he had done last year. 16. Presentation by Dr. Debra Cherry on grant funding for Paris and Lamar County. Dr. Cherry stated they had been awarded a DSHS Transforming Texas grant for Lamar and Hopkins Counties. She said it was a five-year grant and the overreaching goals were to reduce death and disability due to tobacco use by 5%; reduce the rate of obesity through nutrition and physical activity interventions by 5%; and reduce death and disability due to heart disease and stroke by 5°/o. Dr. Cherry said there was the possibility of this grant funding an update to the Gity of Paris Parks Master Plan. 17. Presentation by Hayter Engineering on establishment of a drainage improvement district; and provide direction to Staff. Shawn Napier said the City had a list of ongoing drainage issues and one of the major problems was funding. Mr. Napier said the creation of a drainage improvement district and assessing a storm water fee would be helpful in resolving more drainage problems. Reeves Hayter of Hayter Engineering presented City Council several options in creating a district and assessing fees. Mr. Hayter suggested a consultant be hired to study and assess the situation. Council Member Frierson said he was in favor of moving forward, but wanted to know more about what was involved. Council Member Wright said he first wanted a firm commitment on the costs involved. A Motion to instruct staff to explore the possibility of establishing a utility improvement district was made by Council Member Frierson and seconded by Council Member Lancaster. Motion carried, 4 ayes - 2 nays, with Mayor Hashmi and Council Member Wright casting the dissenting votes. 18. Presentation by Steve Gilbert of Paris Economic Development Corporation's report. PEDC Director Steve Gilbert gave a presentation on the Paris Economic Development Corporation beginning with year 1993 through the present. He gave a history of the board duties, past board members, successful projects, unsuccessful projects; the numbers of jobs PEDC was instrumental in creating and/or retaining, revenue, and a project summary of expenses. Mayor Hashmi said the Kimberly Clark and Paris Regional jobs should not have been included in the presentation, because those two coinpanies did not receive funds from PEDC. Council Member Frierson complimented PEDC on being a good tool for economic development. Council Member Wright said it was the desire of everyone to have more and better jobs and that . s Regular Council Meeting May 31, 2012 Page 6 everyone need to continue to do better. Council Member Jenkins reiterated Council Member Wright. Mayor Hashmi said he was glad that the discussions had begun. 19. Deliberate and act on RESOLUTION NO. 2012-056: A RESOLUTION OF THE CITY GOUNCIL OF THE CITY OF PARIS, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; SUPPORTING STATUTORY REFORM OF THE TEXAS GRIP STATUTE, FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Anderson said staff was recommending that they deny Atmos Mid-Tex's proposed rate increase pending further settlement discussions, which would prevent Atinos' proposed rate increase from automatically taking effect on June 11, 2012. A Motion to approve the resolution denying Atmos's proposed rate increase was made by Council Member Frierson and seconded by Council Member Lancaster. Motion carried, 6 ayes - 0 nays. 20. Deliberate and act on RESOLUTION NO. 2012-057: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING APPLICATION FOR FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; AND DECLARING AN EFFECTIVE DATE. Mr. Napier said at the Council meeting of May 14"', agreements were approved for bond counsel, a financial advisor and engineering firm. Mr. Napier said the formal application is due before June 15`h and that this project had been qualified as a green project, which qualified the City far approximately 15% loan forgiveness. He said the loan amount was reduced to $2,895,000 at a current interest rate of approximately 2.1%. A Motion to approve the application was made by Council Member Frierson and seconded by Mayor Hashmi. Motion carried, 6 ayes - 0 nays. 21. Deliberate and act on RESOLUTION NO. 2012-058: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH RICHARD DRAKE CONSTRUCTION COMPANY TO EFFECT REPAIRS TO THE 24TH SE STREET BRIDGE AT SANDY CREEK; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. _ ~ Regular Councii Meeting May 31, 2012 Page 7 Public Works Director Ron Sullivan said there was extensive erosion adjacent to the southeast abutment and staff was concerned that continued erosion would undermine the roadway approaching the bridge. A Motion to authorize the City Manager to enter into a contract with Richard Drake Construction to make repairs to the 24`h Street Bridge at Sandy Creek was made by Council Member Wright and seconded by Mayor Hashmi. Motion carried, 6 ayes - 0 nays. 22. Deliberate and act on RESOLUTION NO. 2012-059: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DECLARING THREE (3) HOLMATRO PERSONAL POWER PUMPS (PPU'S) WITH COMBI-TOOLS (SPREADERS/CUTTERS) TO BE SURPLUS PROPERTY AND AUTHORIZING DONATION OF THE SURPLUS PROPERTY TO THE LAMAR COUNTY VOLUNTEER FIRE DEPARTMENT ASSOCIATION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Chief Grooms told the Council that the Fire Department had replaced the three personal power pumps with new tools and wanted to donate the old equipment to the local Volunteer Fire Departments. A Motion to declare the three personal power pumps as surplus property and donate the puinps to the Lamar County Volunteer Fire Department Association was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 6 ayes - 0 nays. 23. Deliberate and act on bids opened for the Water Treatment Plant Fi1ter Gallery Pipe Painting. Utility Director poug Harris said the City received a single bid from 7-H Construction Co. and it was $124,901.00 over the budgeted amount. Mr. Harris recommended rejecting the bid, reviewing the project specifications and re-bidding the project. A Motion to reject the bid, review the project specitications and re-bid the project was made by Council Member Lancaster Lancaster and seconded by Mayor Hashmi. Motion carried, 6 ayes - 0 nays. 24. Report on Gov Q A System questions. Mr. Anderson gave a follow-up report to Mayor Hashmi's questions from the previous Council meeting. He said messages #1094 and #1095 were closed, because the message senders were anonymous and could not follow up on the complaints. Mr. Anderson said that City Staff did check out the complaints and a certified letter was sent with regard to one of the complaints. Mayor Hashmi said a complaint should not be closed until it had been resolved. Mr. Anderson said the new system should solve these types of problems. $ Regular Council Meeting May 31, 2012 Page 8 25. Deliberate and provide direction to City Staff on an individual's request for purchase of city property located at 1060 N. Main Street. Mr. Anderson said the City had been approached by an individual about purchasing a city owned lot located at 1060 N. Main Street. He said the lot was originally acquired to extend MLK Blvd. to N. Main Street, but it was not used for that purpose and the City did not need to retain it for a future project. Mr. Anderson said if the City desired to sell the property, that State Law required the use of sealed bids after publication of notice of sale. Following a brief discussion, it was a consensus of City Council for the Staff to proceed with sale of the property. 26. Deliberate on possible future amendments to the City of Paris Charter. Mayor Hashmi informed the new Council Members that the City could only have a Charter Election every two years and this item was a reminder for Council Members wishing to bring an item forward to be placed on the ballot for the next Charter Election. 27. Deliberate and provide direction to City Staff on creation of a Board of Appeals. Mayor Hashmi said that he had requested this item as a result of ineetings with the builders, contractors and realtors. It was a consensus of City Council for City Staff to proceed with the creation of a Board of Appeals. 28. Update on the City of Paris' separation with the Paris Lamar County Health Department. Mr. Anderson told the Council that there was a consensus of the Health Department Board that a new relationship needed to be formed between the City of Paris, the Health Department, and Lamar County. He said the City Attorney drafted a Cooperative Agreement and the Health Department delayed acting on the ageement, because they wanted the new administrator to offer input on the agreement Mr. Anderson said the new administrator was hired April 28t" and was in the process of reviewing department operations. He also said the goal was to have the new agreement adopted by the end of the current fiscal year, but the new administrator may need additional time to reorganize the department. Mr. Anderson introduced the new administrator Gina Prestridge, who gave Council an overview of the status of her plans for the Health Department. Ms. Prestridge said the major issue they were faced with was their building, because it was in such bad shape. 29. Deliberate and provide direction to City Staff regarding the Old Police Department Building on Bonham Street. Mayor Hashmi expressed his appreciation to Council Member Frierson for questioning the cost difference between rehabilitation of the old building and construction of a new building, because there was not much difference between the two options. Mr. Anderson said Gina was 9 Regular Council Meeting May 31, 2012 Page 9 currently looking at another building, because the old police building was rapidly deteriorating. He said that he would be bringing additional information during budget workshops. 30. First reading, deliberate and possibly act on ORDINANCE NO. 2012-016: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 7-50 OF ARTICLE III OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS TO ALLOW THE HISTORIC PRESERVATION GOMMISSION TO REVIEW ALL BUILDINGS AND STRUCTURES IN THE HISTORICAL DISTRICT, FOR ALL DESIGNATED LANDMARK BUILDINGS AND STRUCTURES WITH A FEDERAL, STATE OR LOCAL LANDMARK DESIGNATION, AND FOR ALL BUILDINGS AND STRUCTURES FIFTY (50) YEARS OR OLDER THAT ARE CONSIDERED DANGEROUS BY THE CITY'S CODE INSPECTORS TO DETERMINE WHETHER SUCH BUILDING OR STRUCTURE CAN BE REHABILITATED OR DESIGNATED; AND AMENDING SECTIONS 7-50(0(g)(h) OF ARTICLE III, CHAPTER 7 OF THE CODE OF ORDINANCES TO INCREASE THE NUMBER OF DAYS GIVEN TO THE HISTORIC PRESERVATION COMMISSION TO DEVELOP A PLAN FOR SAVING, PRESERVING OR REHABILITATING THE SUBSTANDARD STRUCTURE FROM NO LESS THAN NINETY (90) CALENDAR DAYS TO NO LESS THAN ONE HUNDRED EIGHT (180) CALENDAR DAYS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mr. Napier said this change was requested by the City Council Task Force on Substandard Buildings, which would allow Historic Preservation Commission to act on all buildings and structures in the historical district. Mr. Napier said the change also included the number of days of deferment on any order of demolition far the building or structure from at least ninety calendar days to one-hundred eight (180) calendar days. With regard to funds for structural engineers, Council Member Wright said that Mr. Anderson recommended that funds be taken out of the general fund for the iminediate time and address structural engineer funds in the upcoming budget process. A Motion to invoke the super majority rule was made by Council member Frierson and seconded by Council Member Lancaster. Motion carried, 6 ayes - 0 nays. A Motion to approve the amendments was made by Council Member Wright and seconded by Council Member Frierson. Motion carried, 6 ayes - 0 nays. 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. 10 Regufar Council Meeting May 31, 2012 Page 10 Mayor Hashmi said there was nothing to be discussed in executive session and moved to item 33. 31. Reconvene into open session and possibly take action on those matters discussed in Executive Session. 32. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. No future events referenced. 33. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Frierson and was seconded by Council Mayor Hashmi. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 7:53 p.m. A.J. HASHMI, MAYOR JANICE ELLIS, CITY CLERK 11