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05-COUNCIL MINUTES 11-12-2012CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: 11 /02/2012 Council Date: City Clerk Janice Ellis 11/12/2012 RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE�S�: Approval of Official Record of Council. BACKGROUND: Council Minutes from the meeting of October 22, 2012. BOARD�COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meeting ACTION: � Financial Report � Minute Order � Department Report ❑ Resolution ❑ Presentation ❑ Ordinance ❑ Public Hearing ❑ Other BUDGET INFO: Budgeted Amt. YTD Actual Acct. Name Acct. Number $ $ $ Agenda Item No.: 5. City of Paris � Revised 2/04/08 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS October 22, 2012 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, October 22, 2012, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor Pro-Tem: Richard Grossnickle Council Members: Aaron Jenkins; Billie Lancaster; John Wright; Matt Frierson; and Cleonne Drake City Staf£ John Godwin, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City C1erk; Shawn Napier, City Engineer; Bob Hundley, Police Chief; Dale Maberry, Assistant Fire Chief; Gene Anderson, Finance Director; Ron Sullivan, Public Works Director; Kent Klinkerman, EMS Director; and Doug Harris, Utilities Director Absent: Mayor: A.J. Hashmi Opening Agenda Call meeting to order. Mayor Pro-Tem Grossnickle called the meeting to order at 5:30 p.m. 2. Invocation. Pastor Brad Aldridge gave the invocation. 3. Pledge of Allegiance. Council Member Wright led the pledge. 4. Citizens' forum. Cheri Bedford, Main Street Director — she invited everyone to the Festival of Pumpkins scheduled far Saturday, October 27'�'. Consent A�enda Mayor Pro-Tem Grossnickle said that item 12 would be moved to next agenda at the request of staff. He inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. There were none. _ 2 Regular Council Meeting October 22, 2012 Page 2 With the exception of item 12, a Motion to approve the Consent Agenda was made by Council Member Frierson and seconded by Council Member Lancaster. Motion carried, 6 ayes — 0 nays. 5. Approve the minutes from the City Council meetings on October 8, 2012 and October 15, 2012. 6. Receive reports and/or minutes from the following boards, commissions, and committees: a. Paris Economic Development Corporation (9-13-2012) b. Historic Preservation Commission (9-24-2012) 7. Receive September drainage ditch maintenance report. 8. Receive dilapidated structure report. 9. Discuss possible future amendments to the City of Paris Charter. 10. Approve the Routine Airport Maintenance Program (R.AMP) Grant and authorizing the execution of a Grant Agreement for TxDOT Project No. AM2013PARIS. 11. Approve closing out the contract with NCM Demolition in the amount of $47,539.65 for the second phase of Hazardous Materials Remediation of the Grand Theater. l2. Approve the nomination of the "L.O. Hammons" sign as a Historic Sign located in the Downtown Historic District. Re�ular A�enda 13. Discuss, public hearing, first reading, and possibly act on ORDINANCE NO. 2012-031: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, ESTABLISHING A HISTORIC OVERLAY DISTRICT (HD), ON LOT 20, BLOCK 131, BEING 726 WEST SHERMAN STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE PLANNING AND ZONING COMMISSION AND THE HISTORIC PRESERVATION COMMISSION; PRESERVING THE EXISTING USE AND ZONING DESIGNATIONS OF THE PROPERTY SO DESIGNATED; DESIGNATING THE BOUNDARIES OF THE HISTORIC OVERLAY (HD) SO ESTABLISHED; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. �. ;� .. 3 Regular Council Meeting October 22, 2012 Page 3 City Engineer Shawn Napier explained that owner Gearge Ronald Shannon Sr. had requested a change in zoning to add a Historic District Overlay for property located at 726 West Sherman in order to preserve his historical home. Mayor Pro-Tem Grossnickle opened the public hearing and asked for anyone wishing to speak in support or against this item to please come forward. With no one speaking, Mayor Pro- Tem Grossnickle 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 approve this item was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 6 ayes — 0 nays. 14. Discuss, first reading and possibly act on an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DISANNEXING A 3.00 ACRE TRACT AND A 10.001 ACRE TRACT OF LAND OUT OF THE REDDING RUSSELL SURVEY #A- 786, PARIS, LAMAR COUNTY, TEXAS (LOCATED OFF STILLHOUSE ROAD APPROXIMATELY 1.13 MILES NORTH OF LOOP 286) IN RESPONSE TO A PETITION FOR DISANNEXATION FILED BY PROPERTY OWNERS DR. & MRS. ROBERT ZIMMERMAN; ADJUSTING CITY BOUNDARIES TO REFLECT NEW CITY LIMITS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. A Motion to recuse Mayor Pro-Tem Grossnickle was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 6 ayes — 0 nays. Mr. Napier said the two public hearings had taken place and this was the second reading of the ordinance. A Motion to approve this item was inade by Council Member Lancaster and seconded by Council Member Frierson. Motion carried, 5 ayes — 0 nays. A Motion to return Mayor Pro-Tem Grossnickle to the meeting was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 5 ayes — 0 nays. 15. Discuss, first reading, and possibly act on ORDINANCE N0.2012-033: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AUTHORIZING THE ISSUANCE OF CITY OF PARIS, TEXAS, GENERAL OBLIGATION REFUNDING BONDS; ESTABLISHING PROCEDURES FOR THE SALE AND DELIVERY OF THE BONDS; LEVYING AN ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; PROVIDING AN EFFECTIVE DATE; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT. . ` .. 4 Regular Council Meeting October 22, 2012 Page 4 Finance Director Gene Anderson said the City of Paris could refund its Combination Tax & Revenue Certificates of Obligation, Series 2002 and its General Obligation Refunding Bonds, Series 2003 for savings without extending the maturity date of the original bonds. Mr. Anderson estimated that gross savings would be in the amount of $582,380 with a net present value savings of $554,125. Mark McLiney of Southwest Securities answered questions from City Council. 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 approve this item was made by Council Member Wright and seconded by Council Member Frierson. Motion carried, 6 ayes — 0 nays. 16. Discuss and provide direction to city staff on a request from Guaranty Bond Bank to allow relocation of their existing billboard. Mr. Napier said the City received a letter from Guaranty Bond Bank requesting the billboard that was currently in front of the new bank building be relocated. He said staff had run into issues in trying to help the bank, because there were six places in the ordinance that would not allow this. Mr. Napier asked for direction as how to proceed with the bank's request. He said options were to completely remove the billboard or leave it in place, which would not give them room to put a bank sign up. Council Member Jenkins asked if there was anyone from the bank present that wanted to speak about this item. Guaranty Bond Bank President Kenny Dority said the bank wanted to move the billboard approximately 500 feet, so they could put up a bank sign that would look nice. Council Member Wright inquired of Mr. Napier if the billboard would be in compliance after it was moved. Mr. Napier said it would not because of city ordinance. City Manager John Godwin said this was a discussion item, because staff did not have the authority to allow the billboard moved to the requested location, because it would be in violation of the existing ordinance. He said if Council wished to extend some sort of exemption, that an ordinance amendment would be required. Council Member Wright asked about the effect on future requests. Mr. Napier said anyone wanting to put in a billboard or move one, could cite this change. City Attorney Kent McIlyar inquired if they had discussed the possibility of the bank requesting a variance from the Board of Adjustment. Mr. Napier said they had received the new flood maps and learned the location was in the floodplain. Council Member Frierson asked Mr. Dority about placing the billboard toward the back of the property. Mr. Dority said if they could not put the billboard at the front of the lot, the bank would rather keep it in its current location. Council Member Drake wanted to know if the bank moved the biliboard to a location not in the floodplain, could a sign variance request be taken to the Board of Adjustment. Mr. Napier answered in the affirmative. Mr. Dority said that he would get with Mr. Napier 17. Discuss and act on RESOLUTION NO. 2012-089: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, TO CERTIFY LOCAL FUNDING AND SUPPORT OF THE TRAIL DE PARIS PROJECT TO THE STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM FOR FUNDING COMPETITION �� �4 .. 5 Regular Council Meeting October 22, 2012 Page 5 IN THE TEXAS DEPARTMENT OF TRANSPORTATION 2012 PROGRAM CALL FOR PROJECTS; AUTHORIZING THE CITY MANAGER TO ACQUIRE TWO PARCELS OF LAND FOR THE PROJECT SHOULD THE CITY OF PARIS BE AWARDED THE GRANT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT AND DECLARING AN EFFECTIVE DATE. Mr. Napier said the City had an opportunity to expand the Trail in parts of West Paris. He also said the project would provide transportation corridor between Heritage Park, the Justice Elementary Safe Routes to School Project, Leon Williams Park, the Boys Club, Red River Valley Fairgrounds and T.G. Givens. Mr. Napier expressed appreciation to Mr. Earl Erickson for all of his hard work in making the Trail possible. A Motion to approve this item was made by Council Member Drake and seconded by Council Member Lancaster. Motion carried, 6 ayes — 0 nays. 18. Discuss and act on approval of a deduction Change Order #1 in the amount of $66,305.80, and closing out the contract with Four Thirteen, Inc. in the amount of $27,884.93 for the 2011-2012 Water and Wastewater Capital Improvements. Mr. Napier said the change order was a reduction of $66,305.70, which reduced the original contract price from $345,166.10 to $278,849.30. A Motion to approve this item was made by Council Member Frierson and seconded by Council Member Wright. Motion carried, 6 ayes — 0 nays. 19. Receive report, discuss and possibly act on drainage problem on York Street. Mr. Napier displayed photographs depicting before the work began, during and after coinpletion of the drainage channel. He said that a good rain was needed to test the draining of the ditch. Mr. Napier said staff was still planning on going out to Ms. Carcuffls property to try to help her level up portions of her backyard to make it flow and drain into the ditch. He said part of the problem was their instrument was not functioning. Mr. Napier added that they were able to locate training for staff and that upon completion of training, staff would go to Mrs. Carcuff's and take survey shots. Council Member Wright wanted to know if that would ascertain that Ms. Carcuffe's backyard was leveL Mr. Napier answered in the affirmative. 20. Receive and discuss update on the Grand Theater. Mr. Napier told the Council that the debris from the front of the building had been removed and the roof above the stage should be finished within the week. Main Street Director Cheri Bedford said tours of the Grand Theater would be given during the Festival of Pumpkins. 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/or on matters in which the duty of an attorney to � � . s Regular Council Meeting October 22, 2012 Page 6 his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter, as follows: • Ranger Abbott v. The City of Paris • CPG Coatings Claim Mayor Pro-Tem Grossnickle convened City Council into Executive Session at 6:20 p.m. 22. Reconvene into open session and possibly take action on those matters discussed in Executive Session. Mayor Pro-Tem Grossnickle reconvened City Council into open session at 6:35 p.m. 23. Consider and approve future events far City Council and/or City Staff pursuant to Resolution No. 2004-081. None were referenced. 24. Adjournment. There being no further business, a Motion to adjourn was inade by Council Member Frierson and was seconded by Council Member Drake. Motion carried, 6 ayes — 0 nays. The meeting was adjourned at 6:35 p.m. JANICE ELLIS, CITY CLERK RICHARD GROSSNICKLE, MAYOR PRO-TEM �.�.. �