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09.23.13 MINUTESMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 23, 2013 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, September 23, 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 Staff: John Godwin, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Shawn Napier, City Engineer; Kent Klinkerman, EMS Director; Larry Wright, Fire Chief, Bob Hundley, Police Chief, Doug Harris, Utilities Director; Alan Efrussy, Planning Director; and Priscilla McAnally, Library Director Opening Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Pastor Coyle gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. 4. a. Citizens' Forum. Louise Moseley, 3915 Shannon Drive — on behalf of National Breast Cancer Awareness Month, Mrs. Moseley asked that they be allowed to place pink lights around the fountain for the entire month of October. Clint Spencer, 860 33'a Street — he asked that he be allowed to address the City Council during consideration of his request for disannexation. Jim Bell — he complained that Suddenlink did not make cable service available to all city residents. Regular Council Meeting September 23, 2013 Page 2 Charlie Keys, 6240 FM 1508 — he said the only change since his property was annexed was the city limit sign was moved and he receives bills from two additional taxing units. He requested that the City make his area a top priority for infrastructure when spending the bond money. b. Proclamation proclaiming October as National Breast Cancer Awareness Month. After reading the proclamation, the Mayor presented it to Mrs. Moseley. c. Proclamation proclaiming September 20, 2013, as POW /MIA Recognition Day. After reading the proclamation, the Mayor presented it to Mr. Mackey. d. Proclamation recognizing September 29, 2013, as the birthday of the Veterans of Foreign Wars. After reading the proclamation, the Mayor presented it to Mr. Mackey. Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Council Member Wright questioned the spending of water and sewer funds with Richard Drake Construction. Mr. Anderson explained that Mr. Godwin provided an agenda memo to Council in January with regard to the projects and their funding source. A Motion to approve the Consent Agenda was made by Council Member Wright and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 5. Approve the minutes from the City Council meetings on September 3, 2013 (special) and September 5, 2013 (special). 6. Receive reports and /or minutes from the following boards, commissions, and committees: a. Traffic Commission (June 24, 2013) b. Paris Visitors and Convention Council (June 6, 2013) c. Board of Adjustment (June 2, 2013) d. Planning and Zoning Commission (August 5, 2013) e. Paris Economic Development Corporation (August 13, 2013) 7. Receive August monthly financial report. 8. Receive August drainage ditch maintenance report. 9. Receive dilapidated structure report. Regular Council Meeting September 23, 2013 Page 3 10. Approve the Final Plat of Lots 14 and 18 -22, Block A, Stone Ridge Phase 6, Re -plat of Lot 14 Stone Ridge Phase 5, located in the 4700 Block of Boulder Lane. 11. Accept a utility easement from Food Fast Corporation to the City of Paris. 12. Approve ORDINANCE NO. 2013 -027: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO SANITATION SOLUTIONS, FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND /OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS. 13. Approve ORDINANCE NO. 2013 -028: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO WASTE MANAGEMENT OF TEXAS, FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND /OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS. 14. Approve ORDINANCE NO. 2013 -029: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO COUNTY WASTE COLLECTION, L.L.C. D/B /A TRASHY BUSINESS FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND /OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS. 15. Approve ORDINANCE NO. 2013 -030: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SEC. 26 -1 COMPOSITION OF DEPARTMENT, OF CHAPTER 26, POLICE, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS BY REDUCING THE NUMBER OF POLICE OFFICER POSITIONS WITHIN THE POLICE DEPARTMENT DUE TO DISCONTINUED CONTRACT WITH PARIS INDEPENDENT SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICERS. Regular Agenda A Motion to move items 23 and 21 forward was made by Council Member Wright and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 23. Receive update from Mayor Hashmi on status of city -wide projects. Mayor Hashmi said he wanted to bring residents up to date on the progress and some of the short comings over the last couple of years. He said although the electronic permitting system had been installed, that it was not available on the internet. Next, Mayor Hashmi said Regular Council Meeting September 23, 2013 Page 4 that the Council had discussed but not moved forward with a residential tax abatement program and the item should be placed on an agenda for action at the earliest possible date. Prior to discussing the next project, Mayor Hashmi presented Code Enforcement Supervisor Robert Talley with a certificate of appreciation for all of his hard work and efforts in the demolition process. He pointed out that the City of Paris had demolished more dilapidated structures than a lot of other cities. Mayor Hashmi said they began the process in the year 2012 -2013, a total of 105 homes were demolished, that the balance of the demolition account was $298,012, that there were 29 remaining work orders and 21 service removals were pending. He also said while driving through the City, there existed a large number of homes that appeared to be dilapidated. Mayor Hashmi asked that Mr. Talley provide an update on those houses not listed and the process of identifying more demolitions. He asked that all lists contain the address of each structure. Next, Mayor Hashmi said that Council needed an update of what was being done to secure downtown buildings that were unsafe. He also said that the Council needed to allocate funds to address downtown buildings. Mayor Hashmi reported there was a meeting with the tax attorney last week and that over 600 properties were identified for foreclosure. He said their goal should be to have a public auction every three months until all of the properties were back on the tax roll. He asked that a new list of auction ready properties be published for auction at the earliest possible date. Mayor Hashmi expressed appreciation to the CIP Committee for their efforts with regard to infrastructure improvements. He said that he and the City Manager met with the water and sewer department employees, who were great in identifying areas that were not initially reviewed for improvements. He reported list had been compiled of forty-six projects and that list would be provided to the CIP Committee. Mayor Hashmi estimated that by March of 2014, citizens would begin to see movement of dirt. Mayor Hashmi also informed the public that any construction of new sidewalks and curbs would be built in compliance with ADA standards. With regard to the Lake Crook Property, Mayor Hashmi said the process had begun and that plans were being reviewing by the Planning and Zoning Commission. He said the property was government property and assured the residents that the property would not be leased without due process and monitoring under appropriate guidelines and laws. Next, the Mayor stated that it was his understanding the City had an airport comprehensive plan but questioned its implementation. He said some of the residents expressed an interest in rejuvenating the airport and that the airport should be studied to determine what needed to be done to make it an income generating facility. Mayor Hashmi asked Council Member Lancaster to take the lead on this project and bring definitive steps toward the airport's rejuvenation back to the Council within ninety days. Mayor Hashmi announced that within the next couple of weeks PEDC would be presenting a revised abatement policy for businesses, which was a joint effort of all of the taxing units. Mayor Hashmi expressed concern about the drug problem in the City and asked that Council Member Drake and Council Member Jenkins to take the lead on this issue and work with Chief Hundley in developing a plan. He asked that they identify areas with the most drug activity and make recommendations for curtailing drug trafficking in the City, including a timeframe for doing so. 21. Discuss development of underserviced areas in the City of Paris. Mr. Napier explained that with potential new water lines, staff identified 49 residences that could benefit from these new lines. Mayor Hashmi confirmed with Mr. Napier that water Regular Council Meeting September 23, 2013 Page 5 line issues were simpler than sewers lines. Mayor Hashmi inquired if fire hydrants could be installed to Lamar County water lines. Mr. Napier answered in the affirmative and further said Lamar County was approached in the past and they did not have a problem with installation of fire hydrants. He said staff could approach the Board again. Mayor Hashmi inquired if the infrastructure would also help the airport. Mr. Napier said that it would help with future development of the airport. Council Member Wright inquired about the cost of this type of project. Mr. Napier said they had not completed their study and estimated the cost of this project to be approximately 5 million dollars, as it included a lift station, a force main, water, and sewer lines. Mr. Napier said designing would take about 3 months and construction would take about 6 months. Council Member Wright asked if bond money could be used for this project. Mayor Hashmi said his understanding was that it was allowed. 16. Conduct a public hearing, discuss and act on RESOLUTION NO. 2013 -034: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AN APPLICATION FOR FUNDING THROUGH THE TEXAS DEPARTMENT OF AGRICULTURE TEXAS CAPITAL FUND MAIN STREET PROGRAM FOR THE MAIN STREET SIDEWALK GRANT PROGRAM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. Mr. Napier said if the City was awarded this grant, staff was proposing to replace sidewalks on both sides of S. Main Street between Clarksville and Kaufman Streets, the south side of Lamar Avenue between 1St and 2nd Streets and the east side of NW 1St Street between Bonham and Houston Streets. Mayor Hashmi inquired about the cash match and Mr. Napier said it was $45,000, which was budgeted in the 2013 -2014 budget. Council Member Wright wanted to know if this would increase downtown property values and Mr. Napier said it would increase value of some of the properties. A Motion to approve this item was made by Council Member Frierson and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 17. Conduct a public hearing on proposed amendments to the budget for fiscal year 2013- 2014. Mr. Anderson explained that Section 51 of the City Charter required a public hearing to receive comment only on the proposed increases to the original 2013 -14 budget. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. Regular Council Meeting September 23, 2013 Page 6 18. Discuss and act on ORDINANCE NO. 2013 -031: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF PARIS; APPROPRIATING THE VARIOUS AMOUNTS THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Anderson stated the proposed 2013 -14 City budget was presented to the City Council on July 22, 2013, that a public hearing was held on August 26th on the proposed budget, a second public hearing was held on September 23rd for proposed increases to the original budget. A Motion to approve this item was made by Council Member Drake and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 19. Discuss and act on ORDINANCE NO. 2013 -032: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, FIXING THE TAX RATE AND THE TAX LEVY AND LEVYING AD VALOREM TAXES FOR THE CITY OF PARIS FOR THE CALENDAR YEAR 2013 UPON ALL TAXABLE PROPERTY WITHIN THE CITY OF PARIS IN CONFORMITY WITH THE CHARTER PROVISIONS AND ORDINANCES OF THE CITY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mr. Anderson said the ordinance setting the tax rate indicates the budget appropriations resulting from levying the adopted property tax rate and that the average residential homestead valued at $71,898 would pay $360.89 in city property taxes. He also said the property tax rate was .50195 per $100 valuation. A Motion to approve this item was made by Council Member Wright and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 20. Discuss and act on ORDINANCE NO. 2013 -033: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO TRANSFER FUNDS FROM UNENCUMBERED APPROPRIATION BALANCES TO OVER - EXPENDED ACCOUNTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Anderson explained the purpose of this ordinance was year -end "housekeeping," by increasing or decreasing departmental budgets to cover anticipated expenditures. Regular Council Meeting September 23, 2013 Page 7 A Motion to approve this item was made by Council Member Drake and seconded by Council Member Grossnickle. Motion carried, 7 ayes — 0 nays. 22. Receive update from PEDC Board Member Bruce Carr on PEDC policies, procedures, expenses and accounting, at the request of Mayor Hashmi. PEDC Board Member Bruce Carr told the Council that Chair Rebecca Clifford had tasked him and Vicki Ballard with developing policies and procedures and that those recommendations would be submitted to the PEDC Board on October 1St. Mr. Carr said once approved by the Board, the policies and procedures would be brought to the City Council. He said the biggest challenge had been the balance of flexibility and control of expenditures. 24. Receive presentation and report from Robert Talley on progress of demolition of substandard structures and update on tax foreclosed properties. Robert Talley reported that between June 2012 and the current date, that the City had demolished a total of 124 structures. He also said 29 remaining work orders had been sent to contractor and 21 were awaiting service removals. He depicted a chart reflecting the only city that had taken down more dilapidated structures than the City of Paris was the City of Dallas. Mayor Hashmi said when you drive around the City there were still houses that appeared might need to be demolished and inquired about the total number of properties that might need to be demolished. Mr. Talley said he could not give him an exact number, because some of the structures were inhabited. Mr. Talley said he and the fire marshal were currently working on a process to try to vacate those structures, because some were are dangerous. Mayor Hashmi said he was not referring to houses where people were living, but was referring to the houses where no one lived. He asked if staff was driving down the streets to review properties and making a list of those properties. Mayor Hashmi asked for a detailed report. Mr. Talley said code enforcement and the fire marshal do drive around the City making notes. Mr. Talley said some of the properties were in the process of being repaired by owners. Mayor Hashmi wanted to know if he had a list of every City property that was dilapidated and Mr. Talley said he did, but that list changed every month. Mayor Hashmi suggested to Council Members they also make a list of dilapidated structures when driving around the City and give the list to Mr. Talley. Mr. Talley said each structure cost about $2,900 to demolish and $298,012 was remaining for demolition of structures. Mr. Talley said currently there were 34 properties in Trustee status, that there were 600 properties targeted for foreclosure and 32 properties targeted for the next sale. He also reported that they were in the process of trying to use a tax warrant instead of a tax suit to foreclose on property. He said this process should reduce the time involved with foreclosure from 14 -16 month to 3 -5 months. Mr. Talley reported it was possible they would be able to conduct an auction of previously foreclosed properties in December 2013, and a subsequent tax sale date for February or March on new tax foreclosed properties. 25. Discuss and provide direction to city staff on an application for disannexation filed by Clint Spencer. Regular Council Meeting September 23, 2013 Page 8 A Motion to bring this item from the table was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. Mayor Hashmi said that Council Member Frierson wanted to be recused. A Motion to recused Council Member Frierson was made by Mayor Hashmi and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. Council Member Grossnickle stated that he needed to be recused. A Motion to recuse Council Member Grossnickle was made by Mayor Hashmi and seconded by Council Member Drake. Motion carried, 6 ayes — 0 nays. Applicant Clint Spencer addressed the City Council and explained his main reason for requesting disannexation was that full municipal services had not been supplied, nor was there a plan to do so. Mr. Spencer said his property was different, in that the land that bordered his property belonged to the City of Reno and Paris could not grow in that direction. He also said his property was not a part of the Wildwood subdivision and the remaining property was in the subdivision, thus making the subdivision a natural border. City Manager John Godwin said the staff's preference was not to approve disannexations; however, Mr. Spencer's property was different in that it was not a part of the subdivision. Council Member Drake said she was in favor of approving the disannexation, because Mr. Spencer's property was unique. Council Members Lancaster, Jenkins, Wright and Mayor Hashmi agreed with Council Member Drake. Mr. Godwin said staff would begin the disannexation process. 26. Discuss and provide direction to city staff on an application for disannexation filed by David and Brenda Denison. A Motion to bring items 26 and 27 from the table was made by Council Member Drake and seconded by Council Member Lancaster. Motion carried, 5 ayes — 0 nays. Mr. Godwin said the Denison property was part of the subdivision and if this property were to be disannexed, the Wilcox property would be disconnected from the City. Mr. Godwin said the property was ineligible for disannexation based both on generally accepted planning practices and on the City's annexation policy. He said staff recommended against disannexation of the property. It was a consensus of City Council to not disannex the property. 27. Discuss and provide direction to city staff on an application for disannexation filed by Boyd and Deborah Hudgens. Mr. Godwin said this property was located on Airport Road and the application was originally filed last spring. He said to disannex the property at that point would have created a hole and staff would have recommended against disannexation of the property. Mr. Godwin further said that the City received twenty -two additional applications for disannexation, thus making it more complicated because of the size of the area. He noted the residents based their Regular Council Meeting September 23, 2013 Page 9 applications on lack of service. He said Council had discussed this for several months, along with the possibility of developing the airport and the need for infrastructure. Mr. Godwin said those applications were listed in item 28, at which time Mayor Hashmi included item 28 with item 27. Mr. Godwin said if some of properties were disannexed and not others, there would be inconsistencies and would eliminate the City's ability to manage future airport area development. After additional discussion, Mr. Godwin said it was staff's recommendation that these properties not be disannexed. Mayor Hashmi said he was not in favor of disannexation however, at the earliest services need to be made available to these residents. He asked that Mr. Napier's plan be brought back at the earliest time possible for action. Council Member Wright agreed and encouraged services to be provided as soon as possible. Council Member Drake agreed. It was a consensus of Council not to proceed with the disannexation of these properties. Josh Northam, attorney for the Hudgens, asked to address the City Council. Mr. Northam said the Hudgens had become frustrated in this process, because of lack of communication and there had not been a plan to service the people in the area. He said tonight was the first time they had heard about a plan for services. Mayor Hashmi said communication with the Hudgens stopped when they engaged the services of an attorney. Charles Keys, a property owner, said the list of area property owners provided by staff was not correct. A Motion to return Council Members Grossnickle and Frierson to the meeting was made by Council Member Drake and seconded by Mayor Hashmi. Motion carried, 5 ayes — 0 nays. 28. Discuss and provide direction to city staff on applications for disannexations filed September 6, 2013, by the following applicants: • Boyd and Deborah Hudgens, 6445 FM 1508, Paris, Texas • DFW Vending, Inc., 6190 FM 1508, Paris, Texas • Odessa King, 6245 Clarksville Street, Paris, Texas • Charles W. Keys, 6420 FM 1508, Paris, Texas • Charles W. Alee, 6280 FM 1508, Paris, Texas • Patrick and Sylena DeVoss, 6095 FM 1508, Paris, Texas • Larry and Patsy Smith, 6285 FM 1508, Paris, Texas • Imogene Wilson, 6355 FM 1508, Paris, Texas • Eldon Wayne and Patricia A. Chapman, 6385 FM 1508, Paris, Texas • Vernon Jay Wilson, 6455 FM 1508, Paris, Texas • Toddy Worthey and Peggy Wilson, 2180 Airport Road, Paris, Texas • Peggy E. Worthey Wilson, 6485 FM 1508, Paris, Texas • William Whitis, Randi Whitis and Randall Sebolt, 1950 Airport Road, Paris, Texas • Beverly D. Moore, 1850 Airport Road, Lots 13 & 14, Paris, Texas • James Russell Jones, 1680 Airport Road, Paris, Texas • Cleve and Sharon Fendley, Airport Road (3 parcels), Paris, Texas • Larry M. Smith and Patsy Smith, 1186 Airport Road, Paris, Texas 0 Regular Council Meeting September 23, 2013 Page 10 • Larry M. Smith and Patsy Smith, 1280 Airport Road, Paris, Texas • Ann Huffman, 1172 Airport Road, Paris, Texas • Billy G. Coe and Mary Lou Coe, 6560 FM 1508, Paris, Texas • Jody and Vicki Humphrey, 6440 FM 1508, Paris, Texas • Alan Parks, FM 1508 and 1859 Hwy 271 South, Paris, Texas • John Cody Woodard and Lorie Woodard, Paris, Texas 29. Consider and approve future events for City Council and /or City Staff pursuant to Resolution No. 2004 -081. Mr. Godwin reminded everyone that the Red River Valley Fair was beginning on Tuesday. 30. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Frierson and was seconded by Council Member Drak Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 7:30 p.m. i A.J. HASI�IG,'NP - ICE ELLIS, CUM CLERK