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05-MOTION TO APPROVE COUNCIL MINUTES FROM 06.25.12 MEETINGCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 07/02/2012 Council Date: 07/09/2012 Originating Department: 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 June 25, 2012. BOARD/ COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meeting ACTION: BUDGET INFO: ❑ Financial Report Z Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: City of Paris t Revised 2/04/08 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS June 25, 2012 The City Council of the City of Paris met for a regular session at 5:30 p.in. on Monday, June 25, 2012, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Aaron Jenkins; Billie Lancaster; John Wright; Richard Grossnickle; Matt Frierson; and Cleonne Drake City Staff: John Godwin, City Manager; Kent McIlyar, City Attorney; Janice Ellis, Gity Clerk; Shawn Napier, City Engineer; Bob Hundley, Police Chief; Ronnie Grooms, Fire Chief; Kent Klinkerman, EMS Director; Doug Harris, Public Utilities Director; and Priscilla McAnally, Library Director Opening A enda _ 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:31 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. 4. Citizens' forum. No one spoke. Consent Ap-enda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. There were none. A Motion to approve the Consent Agenda was inade by Council Member Frierson and seconded by Council Meinber Drake. Motion carried, 7 ayes - 0 nays. _ 2 Regular Council Meeting June 25, 2012 Page 2 5. Deliberate and act on the approval of minutes from the meetings on June 11, 2012 and June 12, 2012. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Historic Preservation Commission (5-9-2012, 5-17-2012, and 5-23-2012) b. Paris Economic Development Corporation (4-26-2012 and 5-15-2012) c. Paris-Lamar County Health Department (5-22-2012) 7. Deliberate on May monthly financial report. 8. Deliberate on May drainage ditch maintenance report. 9. Deliberate on dilapidated structure report. 10. Deliberate on possible future amendinents to the City of Paris Charter. 11. Deliberate and act on RESOLUTION NO. 2012-064: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING MEMBERS TO VARIOUS CITY OF PARIS BOARDS, COMMITTEES AND COMMISSIONS. 12. Deliberate and act on RESOLUTION NO. 2012-065: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AND THE COMMISSIONERS COURT OF LAMAR COUNTY, TEXAS, APPOINTING MEMBERS TO THE PARIS- LAMAR COUNTY BOARD OF HEALTH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Rey-ular Agenda Mayor Hashmi asked that items 21, 22 and 23 be moved up on the Agenda. A Motion to move items 21, 22 and 23 up on the Agenda was made by Council Member Lancaster and seconded by Council Member Wright. Motion carried, 7 ayes - 0 nays. 20. Paris Police Department Best Practices Recognition Award. Chief Hundley introduced Marlin Price with the Texas Police Chief's Association. Mr. Price said the Best Practices Law Enforcement Recognition Program was a voluntary process where police agencies in Texas prove their compliance with 164 Texas Law Enfarcement Best Practices. Mr. Price also said this was not a rubber stamp process and that the policies were proven by documentation and interviews with officers and employees of the department. Mr. Price presented Chief Hundley with the Best Practices Recognition Award. 3 Regular Council Meeting June 25, 2012 Page 3 21. 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/ar 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 convened City Council into Executive Session at 5:40 p.m. 22. Reconvene into open session and possibly take action on those matters discussed in Executive Session. Mayor Hashmi convened City Council into open session at 6:14 p.m. and moved to item 13 13. First reading, deliberate and possibly act on ORDINANCE NO. 2012-018: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTIONS 34-23(a), (b) AND (c), SEWER RATES, TO REFLECT CHANGES RECOMMENDED BY THE 2012 WATER AND SEWER RATE STUDY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Finance Director Gene Anderson explained the current wastewater rates were not sufficient to meet the test year budgeted revenue requirements of the City's Rate Maintenance Policy. Mr. Anderson said results of the study reflected that the City needed to increase its current retai] wastewater rates by 6.3%. A Motion to invoke the super majority rule was made by Council Member Grossnickle and seconded by Mayor Hashmi. Motion carried, 6 ayes - 1 nay, with Council Member Frierson casting the dissenting vote. A Motion to approve the increase was made by Council Member Grossnickle and seconded by Mayor Hashmi. Motion carried, 6 ayes - 1 nay, with Council Member Frierson casting the dissenting vote. 14. Deliberate and act on RESOLUTION NO. 2012-066: A RESOLUTION OF THE CITY COUNCIL OF THE GITY OF PARIS, TEXA5, AWARDING A CONTRACT TO NCM DEMOLITION AND REMEDIATION, LP, CORPORATION FOR THE GRANT THEATER HAZARDOUS MATERIALS REMEDIATION PHASE lI PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Shawn Napier answered questions from City Council related to the grant funds received and expended; the city's match amount of $40,000; future estimated costs of the project; and plans for the Theater. Mayor Hashmi asked Council Member Frierson if he would study this project and inform Council of his findings. Council Member Frierson said he would do so. 4 Regular Council Meeting June 25, 2012 Page 4 A Motion to approve the contract was made by Council Member Frierson and seconded by Council Member Jenkins. Motion carried, 7 ayes - 0 nays. 15. Deliberate and act on re-approval of the City of Paris' existing Tax Abatement Policy consistent with Chapter 312 of the Texas Tax Code. Mayor Hashini said at the last meeting they discussed amended guidelines and criteria and staff asked that the item be postponed awaiting input from PEDC. City Manager John Godwin told City Council that PEDC had considered amended guidelines, but were not ready to make a decision. Mr. Godwin recommended that the Council re-approve the existing Tax Abatement Policy, because it had expired. Mr. Godwin said staff would bring ainended guidelines to the Council at their meeting of July 23ra 16. Deliberate and act on appointments to the Ark-Tex Council of Governments and Visitors & Convention Council. Mayor Hashmi said the Ark-Tex Council of Governments allowed for three representatives of the governing body to serve and historically the Mayor, Mayor Pro-Tem and one Council Member serve on the Board. A Motion to appoint Council Member Drake to the Ark-Tex Council of Governments was made by Council Member Wright and seconded by Council Member Lancaster. Motion carried, 7 ayes - 0 nays. Mayor Hashmi said the Visitors & Convention Council allowed for the Mayor, City Manager and one Council Member to serve on the Board. A Motion to appoint Council Member Lancaster to the V&CC was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 7 ayes - 0 nays. 17. Deliberate and act on appointinents of City Council Liaisons to serve on Boards, Committees and Gommissions. It was a consensus of the City Council to serve in Liaison positions as follows: PEDC - Council Member Frierson Airport Advisory Board - Council Member Grossnickle Band Commission - Council Member Drake Paris-Lamar County Board of Health - Mayor Hashmi - 5 Regular Council Meeting June 25, 2012 Page 5 Building and Standards Gommission - Council Member Lancaster and Council Member Wright Historic Preservation Commission - Council Member Frierson Library Advisory Board - Council Member Grossnickle Traffic Commission - Council Member Jenkins Zoning Board of Adjustment - Council Member Lancaster Main Street Advisory Board - Council Member Drake 18. Deliberate on code enforcement liens. Mayor Hashmi asked for a Motion to remove this item from the table. A Motion to remove the item from the table was made by Council Member Frierson and seconded by Council Member Grossnickle. Motion carried, 7 ayes - 0 nays. Mayor Hashmi relayed his suggestions on dealing with code enforcement liens, which included program objectives of getting the properties back on the tax roll; assisting first time owners and residents of the city; tax abatements for five years on improvements for the first owner; policies for the program; and establish a process for sale of properties. Mayor Hashmi emphasized these were only his suggestions and that it would be up to the City Manager and City Attorney to bring something back to the Council and that he would work with them to develop a program or process. Council Member Frierson asked that a grievance process be put in place for potential buyers, if the decisions were going to be made on a case-by-case basis. 19. Report on asbestos abatement crew for the City of Paris. After receiving Mr. Anderson's report, Council inquired about the number of buildings in need of asbestos abatement, use of existing personnel ar new employees, and liability. Mr. Godwin said he would prefer this type of work remain with the experts, but would like to know the exact costs and more details before rendering his opinion. It was a consensus of City Council for Mr. Godwin to research this matter and bring something back to them. 23. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. None were referenced. 6 Regular Council Meeting June 25, 2012 Page 6 24. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Frierson and was seconded by Council Member Drake. Motion carried, 7 ayes - 0 nays. The meeting was adjourned at 6:55 p.m. A.J. HASHMI, MAYOR JANICE ELLIS, CITY CLERK ~