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.
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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.
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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
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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.
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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
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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.
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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.
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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
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Regular Council Meeting
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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.
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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
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