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05-CITY COUNCIL 02.11.13 MINUTESMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS February 11, 2013 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, February 11, 2013, 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 Staiff: John Godwin, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Kent Klinkerman, EMS Director; Alan Efrussy, Planning Director; Shawn Napier, City Engineer; Larry Wright, Fire Chief; Randy Tuttle, Assistant Police Chief; and Doug Harris, Utilities Director Opening Agenda Call meeting to order. Mayor Hashmi called the meeting to order at 5:31 p.m. 2. Invocation. Reverend James Price gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. 4. Citizens' forum. James Price, 1230 Shiloh — he invited everyone to the ribbon cutting for Dream Center to take place February 16t�' at 3:00 p.m. Mayor Hashmi — he reminded the city boards that a quorum was required to conduct a meeting and without a quorum, there could not be a board meeting. He added that telephonic conversations did not constitute a quorum of a board. �� Regular Council Meeting February 11, 2013 Page 2 Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Council Member Wright asked for discussion of item 11 and inquired if the west side park on Bonham Street was included in the park plan. Mr. Godwin said it would be included with regard to usage. Mayor Hashmi asked for discussion on item 10. He said that the City of Paris sold certificates of obligation in the amount of $3,500,000 in 2010 for construction of South Collegiate Drive from Loop 286 to Big Sandy Creek Bridge in conjunction with the Texas Department of Transportation's work on FM 1507. Mayor Hashmi said the contract was completed and the contract closed November 12, 2011 and that the remaining fund balance was approximately $951,000. He said the covenants of the certificate of obligations limit the project where the money can be spent. Mayor Hashmi said his understanding of item 10 was that the project was for reconstruction between Clarksville Street and the Big Sandy Creek Bridge, a parking lot for the Trail de Paris and a second entrance into the Police and Court Building. Mayor Hashmi said he said he was not opposed to this project, but questioned if the remaining funds from the certificates of obligation could be spend on this project. Mr. Napier explained the background paragraph of his memo should have read "from South Collegiate Drive from Loop 286 to Clarksville Street." Mr. Anderson read the official statement from the bond and said anything on South Collegiate Drive or anything that fronts South Collegiate Drive is a legal expenditure for those bond proceeds. Mayor Hashmi inquired if the parking lot, road and the extension into the police department were legal expenses. Mr. Anderson said as long as it fronted on South Collegiate and all of those did. Mr. Anderson suggested that staff contact the bond attorney and get something in writing from him. It was a consensus of City Council for staff to contact the bond attorney and bring this item back to the next Council meeting. Council Member Wright questioned why the bonds were sold, the money wasn't used, and the City was paying interest on those bonds. Mr. Anderson explained that after the bonds were sold in 2010, the project bids came in lower than the project estimate and that was why there was remaining money. With the exception of items 6b and 10, a Motion to approve the Consent Agenda was made by Council Member Grossnickle and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 5. Approve the minutes from the City Council meeting on January 28, 2013. 6. Receive reports and/or minutes from the following boards, commissions, and committees: a. Building and Standards Commission (11-19-2012) b. Traffic Commission (11-6-2012 & 1-8-2013) c. Historic Preservation Commission (1-9-2013) 7. Approve ORDINANCE NO. 2013-002: AN ORDINANCE OF THE CITY COLTNCIL OF THE CITY OF PARIS, TEXAS, ISSUING A LICENSE TO DEWEY KEITH HALE DB/A COURTESY CAB COMPANY OF PARIS TO OPERATE A TAXICAB BUSINESS ON THE PUBLIC STREETS OF THE CITY OF PARIS, TEXAS; 2 Regular Council Meeting February 11, 2013 Page 3 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. 8. Discuss and act on the Final Plat of Lots 1 and 2, Block A, CEFCO #1097 Addition 313, located at 3720 and 3750 Lamar Avenue. 9. Discuss and act on the Final Plat of Lot 1, Block A, CEFCO #1098 Addition 222-B, located at 2685 Lamar Avenue. 10. Approve a contract with Hayter Engineering for the South Collegiate Project. 11. Approve RESOLUTION NO. 2013-005: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING A MULTIPLE USE AGREEMENT BY AND BETWEEN THE STATE OF TEXAS AND THE CITY OF PARIS, TEXAS; PROVIDING FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF THE ROADSIDE PARK LOCATED ALONG US HIGHWAY 82 AT THE INTERSECTION OF 41ST SW STREET 1N THE CITY LIMITS; AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY, ANDY AND ALL DOCUMENTS NECESSARY FOR THE MULTIPLE USE AGREEMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 12. Approve RESOLUTION NO. 2013-006: A RESOLUTION OF THE CITY COLTNCIL OF THE CITY OF PARIS, TEXAS, ORDERING THE REGULAR MUNICIPAL ELECTION FOR THE CITY OF PARIS, TEXAS, TO BE HELD ON THE SECOND SATURDAY IN MAY 2013, SAME BE1NG THE 11 TH DAY OF MAY 2013, FOR THE PURPOSE OF ELECTING MEMBERS OF THE PARIS CITY COUNCIL IN DISTRICTS 4, 5, & 7 FOR THE ENSUING TWO YEARS; DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; AND DECLARING AN EFFECTIVE DATE. Re�ular Agenda Mayor Hashmi asked that item 22 be moved forward on the agenda. A Motion to move item 22 forward was made by Council Member Wright and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 22. Discuss creation of a Youth Advisory Council. Mayor Hashmi said that Reverend Price would like to be participate in this project, as well as Mary Clark and Mashonda McDonald. Mrs. Clark said there had been discussion about creating of a Youth Advisory Council in order to get the youth involved in the community. She 3 Regular Council Meeting February 11, 2013 Page 4 said they would need a representative from the City, City Council, educators and of young people to help from a task force to write guidelines. Council Member Grossnickle suggested the county be included and Mayor Hashmi asked that the archery and gun clubs be included. 13. Discuss and act on RESOLUTION NO. 2013-007: A RESOLUTION OF THE CITY COLTNCIL OF THE CITY OF PARIS, TEXAS, CALLING A BOND ELECTION iN THE CITY OF PARIS, TEXAS; ESTABLISHING THE DATE OF THE ELECTION; PROVIDING FOR EARLY VOTING; DESIGNATiNG POLLING PLACES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR NOTICE OF THE ELECTION; AUTHORIZING AN AGREEMENT WITH THE LAMAR COUNTY ELECTIONS ADMINISTRATOR FOR ELECTION SERVICES; APPOINTING AN EARLY VOTING BALLOT BOARD; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mayor Hashmi said they were recommending one proposition and there would be no tax increase and no rate increase. Mayor Hashmi also said there were three questions and they were: 1) Do we need it; 2) Can we afford it; and 3) Can we do it professionally? Mayor Hashmi said the answer to all three questions was yes. Mr. Godwin explained that the City would be allowed to spend money on streets that had to be torn up in order to repair and replace water and sewer lines. Mr. Godwin reiterated that there would be no tax increase and no rate increase, because they were reducing the bond amount to 45 million dollars, that one bond expired in 2012 costing the city about 2.3 million dollars a year; that one would be paid off in 2015 freeing up about $750,000 a year and in 2020 another bond would expire freeing up about $450,000 a year. Mr. Godwin added if approved, the first bonds could be sold in August. Council Member Grossnickle inquired if the city's water and sewer lines could be moved to one side and Mr. Godwin said he did not think that could be done, citing they would have to go into people's yards in some cases. A Motion to approve the resolution calling a bond election was made by Council Member Wright and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 14. Discuss and act on RESOLUTION NO. 2013-008: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROViNG THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF PARIS AND THE LAMAR COUNTY ELECTIONS ADMINISTRATOR TO ASSIST, COORDINATE, SUPERVISE AND HANDLE CERTAIN ASPECTS OF ADMINISTERING THE GENERAL ELECTION AND SPECIAL BOND ELECTION FOR MAY 11, 2013, FOR THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Clerk Janice Ellis said the City had been contracting with the County Elections Administrator since 2009 and in doing so, it allowed shared costs of election workers and DRE � Regular Council Meeting February 11, 2013 Page 5 machines. Ms. Ellis said the total estimated cost for the general and special elections combined was $10,280.99. 15. Discuss, public hearing and act on an Ordinance considering the petition of Heritage Ridge Investments for a change in zoning from a Planned Development District — c(Pd-c) to a Commercial District (C) on Lot 2, City Block 313, located at 3720 Lamar Avenue. Mayor Hashmi said that Planning Director Alan Efrussy requested items 15, 16 and 17 be rescheduled to the February 25t" meeting. Mayor Hashmi explained the public hearings would be opened and remain open until the next meeting. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. No one spoke. 16. Discuss, public hearing and act on an Ordinance considering the petition of Heritage Ridge Investments for a change in zoning from a commercial District (C) to a Commercial District (C) with a Specific Use Permit (49) auto fuel sales on Lot 2 and 2-E, City Block 313, located at 3720 and 3750 Lamar Avenue. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. No one spoke. 17. Discuss, public hearing and act on an Ordinance considering the petition of Heritage Ridge Investments for a change in zoning from a Commercial District (C) to a Commercial District (C) with a Specific Use Permit (49) for auto fuel sales on Lots 4, 5, and 7, City Block 222-B, located at 2685 Lamar Avenue. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. No one spoke. 18. Hear a request regarding the Valley of the Caddo Museum. City Council heard a presentation from Dr. Philip Bandel and Mrs. Ruth Ann Stallings regarding the Valley of the Caddo Museum and Cultural Center, Inc. Dr. Bandel said the City owned about 11 acres west of the police department and suggested that would be a good location to build a museum. 19. Hear a request from Maxey Rifleman Gun Club. City Council heard from club president David Osborne about the history and functions of the Maxey Rifleman Gun Club. They said their lease expires December 31 St and asked that it be renewed at that time. Mayor Hashmi told the gun club they would have a place at Lake Crook should it be developed. Mayor Hashmi said this item would be placed on a future agenda for action and that they would be invited to any workshop sessions. Mayor Hashmi said input from 5 Regular Council Meeting February 11, 2013 Page 6 citizens was very important to City Council and that no decisions had been made about development at Lake Crook. 20. Discuss and act on ORDINANCE NO. 2013-003: AN ORDINANCE OF THE CITY COLJNCIL OF THE CITY OP PARIS, TEXAS, AMENDING SEC. 12-1, COMPOSITION OF DEPARTMENT, OF CHAPTER 12, FIRE, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS BY RENAMING CERTAIN SUPERVISORY POSITIONS WITHIN THE FIRE DEPARTMENT AND ADDING THREE ADDITIONAL DRIVER ENGINEER POSITIONS; AND OTHER MATTERS RELATED TO THE SAME; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARiNG AN EFFECTIVE DATE. Chief Wright explained that it was difficult to compare the fire department to other fire departments, because other fire departments did not use the same titles. He said that he was requesting the title of Engineer be changed to Fire Captain and that the title of Fire Driver be changed to Driver Engineer. Chief Wright also explained the Fire Department did not have enough Driver Engineer positions to staff all apparatus with one Driver Engineer and requested that he be allowed to create and test for three additional Driver Engineers to fulfill that position on every apparatus. He said the position would be taken from the ranks of the existing Firefighters. He explained the cost would be approximately $1,100.00 increase for each driver engineer and that he could cover the cost in the budget this year. A Motion to approve these changes was made by Council Member Frierson and seconded by Council member Grossnickle. Motion carried, 7 ayes — 0 nays. 21. Receive report, discuss and possibly act on drainage problem on York Street. Mr. Napier said the drainage problem had been resolved, but that Ms. Carcuffe was complaining of mosquitoes. Mayor Hashmi said he would contact the health department. 23. Discuss amendments to the City's sign ordinance. Council Member Drake said a sign company had contacted her and she met individually with the company representative, the city attorney and building official. She said her next goal was to schedule a meeting between all of the individuals. Council Member Drake also asked that anyone who wanted to give input about amending the sign ordinance, to please e-mail her. 24. Convene into Executive Session pursuant to Section 551.072 of the Texas Government Code, to discuss the purchase, exchange, lease, or value of real property. Mayor Hashmi convened City Council into executive session at 6:53 p.m. �� Regular Council Meeting February 11, 2013 Page 7 25. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Hashmi reconvened City Council into open session at 7:11 p.m. 26. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. There was nothing referenced. 27. Adj ournment. 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 7:11 p.m. JANICE ELLIS, CITY CLERK A.J. HASHMI, MAYOR �