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05-CITY COUNCIL 12.10.12 MINUTESMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS December 10, 2012 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, December 10, 2012, at the CiTy Council Chamber, 107 E. Kaufman, 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, City Clerk; Shawn Napier, City Engineer; Alan Efrussy, Planning Director; Gene Anderson, Finance Director; Bob Hundley, Police Chief; Larry Wright, Fire Chief; Kent Klinkerman, EMS Director; and Doug Harris, Utilities Director OAening Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Pastor Spies gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. 4. Citizens' forum. No one spoke during the citizens' forum. City Manager John Godwin introduced new Planning Director Alan Efrussy. Mayor Hashmi welcomed Boy Scouts Casey and Luke. Regular Council Meeting December 10, 2012 Page 2 Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Mr. Godwin asked that item 8 be pulled from the consent agenda, because the railroad had recently been sold. With the exception of item 8, A Motion to approve the Consent Agenda was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 5. Approve the minutes from the City Council meetings on November 20, 2012; November 26, 2012; and December 3, 2012. 6. Receive reports and/or minutes from the following boards, commissions, and committees: a. Board of Adjustment minutes (9-4-2012) b. Main Street Advisory Board minutes (10-16-2012) c. Building and Standards Commission minutes (10-15-2012) d. Paris Visitors and Convention Council minutes (8-23-2012) 7. Approve RESOLUTION NO. 2012-091: A RESOLUTION OF THE CITY COLTNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE SUBMISSION OF A REQUEST TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR RECERTIFICATION AND PARTICIPATION 1N THE HOME PROGRAM RESERVATION SYSTEM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 8. Approve a Resolution repealing Resolution No. 2012-089 and approving an application to the Texas Department of Transportation's statewide transportation enhancement program for funding of a two mile addition to the Trail de Paris and authorize the City Manager to acquire two parcels of land or two right-of-entries from Rail America (Kiamichi Railroad) for the project should the City of Paris be awarded the grant. 9. Approve RESOLUTION NO. 2012-092: A RESOLUTION OF THE CITY COLTNCIL OF THE CITY OF PARIS, TEXAS, REPEALING RESOLUTION NO. 2008-075 WHICH REQUIRES ORDINANCES TO HAVE TWO READINGS BEFORE ADOPTION; DELETING THE REQUIREMENT OF TWO READINGS EXCEPT AS DESCRIBED HEREIN; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 10. Approve ORDINANCE NO. 2012-037: AN ORDINANCE OF THE CITY COLTNCIL OF THE CITY OF PARIS, TEXAS, ISSUING A LICENSE TO RANEY DAY ENTERPRISES D/B/A YELLOW CAB TO OPERATE A TAXICAB BUSINESS ON THE PUBLIC STREETS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC Regular Council Meeting December 10, 2012 Page 3 NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID LICENSE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARiNG AN EFFECTIVE DATE. 11. Approve ORDINANCE :�'O. 2012-038: AN ORDINANCE OF THE CITY COLJNCIL OF THE CITY OF PARIS, TEXAS, ISSUING A LICENSE TO TRANSPORTATION PROVIDERS D/B/A CITY CAB TO OPERATE A TAXICAB BUSINESS ON THE PUBLIC STREETS OF THE CITY OF PARIS, TEXAS, FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID LICENSE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 12. Approve ORDINANCE NO. 2012-039: AN ORDINANCE OF THE CITY COLJNCIL OF THE CITY OF PARIS, TEXAS, ISSUING A LICENSE TO DAVID THOMPSON, D/B/A LONE STAR CAB TO OPERATE A TAXICAB BUSINESS ON THE PUBLIC STREETS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID LICENSE; MAKING OTHER F1NDiNGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 13. Approve ORDINANCE NO. 2012-040: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CITY ORDINANCE N0.1315, SUBDIVISION REGULATIONS, BY ADDING A NEW SECTION I. PURPOSE AND AMENDING SECTION VI REPLATTING AND SECTION VII (F) MINIMUM IMPROVEMENTS; MAKING OTHER F1NDiNGS AND PROVISIONS RELATED TO THE SAME AND DECLARING AN EFFECTIVE DATE. Re�ular Agenda Mayor Hashmi asked that item 16 be moved up on the agenda. A Motion to move item 16 forward was made by Council Member Grossnickle and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 16. Presentation by Morgan Stanley on bond issues and discussion. Morgan Stanly representatives Keith Richard and Arshad Nizam gave a presentation on bond issues and answered questions from Council. Mayor Hashmi moved to item 14. 14. Convene into Executive Session pursuant to Section 551.087 of the Texas Government Code, (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or Regular Council Meeting December 10, 2012 Page 4 (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Mayor Hashmi convened City Council into executive session at 5:45 p.m. 15. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Hashmi reconvened City Council into open session at 5:59 p.m. and informed the public that the item discussed in executive session pertained to economic development projects and details would be announced at a future date. 17. Discuss and act on RESOLUTION NO. 2012-093: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND SURPLUS REVENUE CERTIFICATES OF OBLIGATION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to bring this item from the table was made by Council Member Grossnickle and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. Mr. Godwin explained that Texas Water Development Board approved a low interest loan in late September 2012 and the City qualified for 15% loan forgiveness. He said the City had a lot of old water lines that would in fact be eligible for the project. Mr. Godwin also said there was no duplication of engineering work between Hayter and KSA; that loan participation would save $1,359,300 over 20 years; the loan program participation would save $211,917 over paying cash; that sale of COs was a very common, open and public action taken by city councils; that 15 water line replacement projects would be part of a 10-year CIP regardless of type of financing; and that $3.4 million could be in addition to or a part of $50 million projected CIP cost. Mayor Hashmi confirmed with Mr. Godwin there would be a definite savings of 500,000 and that it would be a single negotiated sale. Mayor Hashmi said he was opposed to doing certificates of obligation unless there was an emergency or dire need of it. He also said this was a separate issue in that it was free money for the City and that he was not as much opposed to certificates of obligation under these conditions. Council Member Wright said he also disapproved certificates of obligation but liked saving money and reiterated Mayor Hashmi. A Motion to approve this item was made by Mayor Hashmi and seconded by Council Member Grossnickle. Motion carried, 7 ayes — 0 nays. 18. Discuss and act on RESOLUTION NO. 2012-094: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING Regular Council Meeting December 10, 2012 Page 5 AN AGREEMENT BY AND AMONG THE CITY OF PARIS, TEXAS, NEXTERA ENERGY AND DAISY FARMS, LLC, FOR THE USE OF EXCESS RAW WATER FOR IRRIGATION PURPOSES AT DAISY FARMS COMMERCIAL DAIRY LOCATED ON SH 19/24 AT FM 2036, LAMAR COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS; MAKING OTHER FINDING AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Finance Director Gene Anderson said that Daisy Farms wanted to use raw lake water for irrigation purposes at its facility and that the City had an existing agreement with the NextEra Power Plant for sale of raw water. Mr. Anderson also said this agreement would allow Daisy Farms to utilize any of NextEra's reserved raw water not needed by NextEra in its operations. A Motion to approve this item was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 19. Receive report, discuss and possibly act on drainage problem on York Street. City Engineer Shawn Napier said there was nothing new to report, because they were waiting for a rain to determine if everything was working correctly. 20. Discuss and possibly act on proceeds from recent delinquent property tax sale. Mayor Hashmi said that $50,000 plus was received for sixty-seven properties sold at the auction. He said if possible he would like for the next sale to be later in the afternoon. Mayor Hashmi said he spoke to all the taxing entities that held liens on the properties and mentioned that the City had done a lot of work on these properties. He also said that he had asked the lien holders if they would authorize the funds be placed in an account to be utilized for future structures that need to be cleaned up. Mayor Hashmi said those entities were going to get back with him after discussion with their boards. 21. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Mayor Hashmi announced that the next delinquent property tax sale would take place the first Tuesday in February. 22. 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 6:22 p.m. A.J. HASHMI, MAYOR JANICE ELLIS, CITY CLERK Regular Council Meeting December 10, 2012 Page 6