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05-APPROVAL OF 07.09.12 COUNCIL MINUTESCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 0g/20/2012 Council Date: 08/27/2012 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 July 9, 2012 (corrected) BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meeting ACTION: BUDGI;'T INFO: ❑ Financial Report Z Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance yTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: City of Paris ~ Revised 2/04/08 CORRECTED MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS July 9, 2012 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, July 9, 2012, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor Pro-Tem Richard Grossnickle Council Members: Aaron Jenkins; Billie Lancaster; John Wright; Matt Frierson; and Cleonne Drake City Staff: John Godwin, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Shawn Napier, City Engineer; Bob Hundley, Police Chief; Ron Sullivan, Public Works Director; and Doug Harris, Public Utilities Director Absent: Mayor: A.J. Hashmi Opening A enda _ Call meeting to order. Mayor Pro-Tem Grossnickle called the meeting to order at 5:30 p.m. 2. lnvocation. Pastor Van Lazaroff gave the invocation. 3. Pledge of Allegiance. Council Member Wright led the pledge. 4. Citizens' forum. No one spoke. Consent Agenda _ Mayor Pro-Tem Grossnickle 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 made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 6 ayes - 0 nays. z Regular Council Meeting July 9, 2012 Page 2 5. Deliberate and act on the approval of minutes from the meeting on June 25, 2012. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Historic Preservation Commission (6-13-2012) b. Airport Advisory Commission (5-17-2012) c. Paris-Lamar County Health Department (6-26-2012) Regular Agenda _ 7. Discuss and act on the Preliminary Plat of Lot 1, Block A, Farris 235-A Addition, located at 1818 West Henderson Street. City Engineer Shawn Napier told the Council that Dewayne and Patricia Farris were proposing to build a home on the lot. A Motion to approve the plat was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 6 ayes - 0 nays. 8. Discuss and act on the Preliminary Plat of Lots 1 and 2, Block A, Bizzell CB 70 Addition, located at 401 12`h Street N.E. Mr. Napier explained the owner was combining five lots to form one lot. A Motion to approve the plat was made by Council Member Wright and seconded by Council Member Lancaster. Motion carried, 6 ayes - 0 nays. 9. Discuss and act on the Preliminary Plat and Final Plat of Lot 38 Expansion, Block L, Oak Creek Phase V, located at 3045 Aspen Drive. Mr. Napier said the owners wanted to expand their lot in order to build a swimming pool. A Motion to approve the plats was inade by Council Member Frierson and seconded by Council Member Drake. Motion carried, 6 ayes - 0 nays. 10. First reading, discuss and act on ORDINANCE NO. 2412-019: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, AMENDING ARTICLE I, IN GENERAL SECTION 12-1, COMPOSITION OF DEPARTMENT, BY ELIMINATING THE FIRE TRAINING OFFICER POSITION AND ADDING ONE (1) ADDITIONAL DEPUTY FIRE CHIEF POSITION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. - - 3 Regular Council Meeting luly 9, 2012 Page 3 City Manager John Godwin explained by abolishing the rank of training officer and adding another deputy chief position, the chain-of-command issue would be corrected and greater flexibility would be provided in maintaining the duties assigned. Mr. Godwin also said one of the deputy chiefs would serve as the training officer. 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 this item was made by Council Member Frierson and seconded by Council Member Lancaster. Motion carried, 6 ayes - 0 nays. 11. Deliberate and act on RESOLUTION NO. 2012-067: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING THE CONVEYANCE OF CERTAIN TAX DELINQUENT PROPERTY AT LOT 3, BLOCK 7 OF THE COLONIAL ADDITION TO THE CITY OF PARIS, LAMAR COUNTY, TEXAS (1535 W. WALKER) NOT SOLD AT SHERIFF'S SALE PURSUANT TO AN ORDER OF THE DISTRICT COURT IN CAUSE NO. 71186; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Attorney Kent McIlyar said that Ms. Helen Allen resided in a substandard structure located at 1700 W. Walker, and that she applied and qualified for new home construction financing through the 2012 Home Grant Program. Mr. McIlyar said that Ms. Allen could not rebuild on her existing lot, because it had been designated floodway under the updated FEMA Flood Plain Maps. He also said that the local grant administrator identified a lot at 1535 W. Walker that was a tax foreclosed vacant lot and she was proposing that a new home be constructed on that lot far Ms. Allen. Mr. McIlyar said the new home would add value to the neighborhood and value to the current tax base. He said under this proposal, the City would accept the property at 1700 W. Walker for drainage purposes and dispose of the existing structure. A Motion to approve this item was made by Council Member Lancaster and seconded by Council Member Wright. Motion carried, 6 ayes - 0 nays. 12. Discuss and act on appointments of City Council Liaisons to serve on the Planning and Zoning Commission and Paris Housing Authority. Mayor Pro-Tem Grossnickle asked the Council for one volunteer to serve as a Liaison to Planning and Zoning Commission and one to serve on the Paris Housing Authority. Council Member Lancaster volunteered to serve on the Planning and Zoning Commission. It was a consensus of the City Council to have Mayor Hashmi serve on Paris Housing Authority. 13. Discuss and act on a request to change the name of that portion of Sixth Street NE within the fairgrounds to Gene Watson Street. 4 Regular Council Meeting July 9, 2012 Page 4 Mr. Godwin told City Council that several citizens had approached the City of Paris about honoring country music artist Gene Watson. He said they specifically requested a portion of 6`h Street N.E. which is inside the Red River Valley Fairgounds, be renamed Gene Watson Street. A Motion to rename the street was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 6 ayes - 0 nays. 14. Discuss and act on Roger Stripland sewer issues. Mayor Pro-Tem Grossnickle said that Mr. Stripland and his attorney could not be at the meeting and said they should postpone this item to the next regularly scheduled meeting. Council Member Wright said he would like more details about this item. Mr. Godwin said there were a number of people who were connected to the City's sewer and at one point they requested to have their sewer fees refunded to them, because the City did not know they were hooked onto the City sewer at that time and that money was refunded. Mr. Godwin said recently the City learned that they were in fact getting City sewer service, so the City began to bill them the currently charged monthly average of $31.36. Mr. Godwin further said the Striplands suggested they did not think they should have to pay that amount, because they invested money to hook onto the City sewer system. Mr. Anderson said the Striplands did not obtain a permit, ran sewer line across private property and tied into a sewer force main. He said this issue came up when he was serving as interim City Manager. Mr. Anderson said at that time he told the Mayor the Striplands hooked up without a permit and the City could not maintain those lines, because they ran across private property. Mr. Anderson said normally when a development goes in, the cost of the infrastructure is rolled into the cost of the house or the lot, and infrastructure is permitted and correctly done. He said this sewer hook-up was performed on an individual basis so the engineering wasn't correctly done. Mr. Anderson said it was his understanding that they personally paid for the infrastructure themselves and wanted a discount on their sewer bill. He said as far as he could tell there was no basis for giving him a special sewer rate. Mr. Anderson said a refund was given to them and City staff actually had been out there to verify whether or not they were on city sewer. He said City staff checked maps and could not find where they were connected, that the City had been billing them for sewer, and had refunded that money to them. Mr. Anderson said when this issue came up, City staff went back out there and the Striplands admitted they were hooked onto the City sewer system. Mr. Godwin asked Council if they wanted this item on their next Agenda. Council Member Wright said he did want it brought back. 15. 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 conflict with this chapter. City Council did not convene into Executive Session. 5 Regular Council Meeting July 9, 2012 Page 5 16. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. 17. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. None were referenced. 18. 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, 6 ayes - 0 nays. The meeting was adjourned at 5:58 p.m. RICHARD GROSSNICKLE, MAYOR PRO-TEM JANICE ELLIS, CITY CLERK 6