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03.11.13 CORRECTED MINUTESCORRECTED MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS March 11, 2013 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, March 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 Staff. 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, Bob Hundley, Police Chief, and Doug Harris, Utilities Director Opening Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Pastor Van Lazaroff gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. Mayor Hashmi asked that item 4b moved forward on the Agenda. A Motion to move item 4b forward on the Agenda was made by Council Member Wright and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 4. b. Public Announcements. • Recognition of Matthew Draeger for his outstanding acts of volunteerism. Mayor Hashmi introduced Matthew Draeger, a sophomore at Paris High School. Mayor Hashmi recounted numerous acts of volunteerism undertaken by Matthew Draeger. He specifically pointed out Operation Second Chance, a program started by Matthew. Mayor Regular Council Meeting March 11, 2013 Page 2 Hashmi said Matthew recruited a team that collected over 19,000 items, and had distributed items to 1,264 needy families. On behalf of Congressman Hall, Mayor Hashmi presented to Matthew a flag that had flown over the United States Capitol. Mayor Hashmi also presented Matthew Draeger with a key to the City and a personal contribution to Operation Second Chance. a. Citizen's forum. Mayor Hashmi asked those wishing to speak with regard to item 23, to please wait until they reached that item on the Agenda. 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 on item 9, and wanted know how sidewalks became a higher priority over Pat Mayse and the water treatment plant. City Manager John Godwin explained during the budget process, Doug Harris requested approximately $800,000 worth of capital improvements that included Pat Mayse, the water treatment plant, SCADA improvements, and lift station improvements. Mr. Godwin said the sidewalks were included in the year zero projects and the other projects could be moved up if needed to be. Mayor Hashmi asked for discussion on item 8. Mayor Hashmi inquired why the policy suggested five months of reserves, as he and Gene Anderson had discussed four months. Mr. Anderson said having the policy and having five months of reserves, helps the City's bond rating resulting in a lower interest rate when borrowing money. City Council discussed the duration of replenishing cash reserves if the fund dropped below the minimum requirement amount. It was a consensus that the duration to replenish cash reserves would be eighteen months. Subject to changing the cash reserves policy to replenish cash reserves within eighteen months should the fund drop below the minimum requirement, 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 meeting on February 25, 2013 6. Receive reports and /or minutes from the following boards, commissions, and committees: a. Planning and Zoning Commission (1 -7 -2013) b. Building and Standards Commission (1 -22 -2013) c. Historic Preservation Commission (2 -13 -2013) d. Paris Public Library Advisory Board (1 -16 -2013) e. Main Street Advisory Board (1 -15 -2013) f. Paris Visitors and Convention Council (11 -28 -2012) g. Airport Advisory Board (1 -17 -2013) Regular Council Meeting March 11, 2013 Page 3 7. Award the high bid for the sale of the former police building located at 811 Bonham Street. 8. Approve a cash reserve policy for the City of Paris. 9. Approve change order number one with Richard Drake Construction Co., L.P. to reconstruct certain sidewalks on Bonham Street, Grand Avenue, and 7t" Street S.W. 10. Accept bids and award contracts for the purchase of roadway materials to the lowest responsible bidder(s) for the twelve month period beginning April 1, 2013. 11. Accept the bid and award the contract for the replacement of concrete curbs and gutters, driveway approaches, and reinforced concrete sidewalks to the lowest responsible bidder(s) for the twelve -month period beginning April 1, 2013. 12. Approve the Final Plat of Lot 1, Block A, Smooth 174 -A Addition, located in the 1300 Block of Martin Luther King Drive. 13. Approve the Final Plat of Lot 1, Block A, Liberty National Bank Addition, located in the 400 Block of East Houston Street. Regular Auenda 14. Public hearing to consider the petition of Kelly Coplin for a change in zoning from a Two Family Dwelling District (2F) to a Multi- Family Dwelling District No. 2 (MF -2) on Lot 5, City Block 254, located in the 2100 Block of E. Polk. Planning Director Alan Efrussy explained that the applicant had withdrawn his request for a zoning change after meeting and learning from city staff that he could achieve his development goals by not rezoning. Mayor Hashmi said there was no action to be taken on this item. 15. Receive, discuss and provide direction to city staff on an application for disannexation filed by David and Brenda Denison. Mayor Hashmi asked Shawn Napier and Alan Efrussy to explain the pros and cons of disannexation. Mr. Napier said if disannexed, a property owner would pay less in taxes to the city and to the college, permit fees would not be required, there would be no city regulations or code enforcement. He said the cons would be a higher cost for water, potential septic system, zoning rules would not apply which means a neighbor could build anything they wanted to build and you would have no control, there would be no building inspections which may possibly lead to substandard structures, and higher insurance rates. With regard to pros, Mr. Efrussy said a person could do virtually almost anything with regard to the land usage. With regard to cons, Regular Council Meeting March 11, 2013 Page 4 Mr. Efrussy said the design of the city could be disrupted and chipping away at the city would leave no zoning control. He also said that adjacent land uses could suffer because of the incompatible land uses. City Clerk Janice Ellis said staff had received an application for disannexation and the basis of the request was lack of city services. Ms. Ellis reported that this was an unimproved piece of property consisting of 5.025 acres in the Wildwood Estates and that the City provided fire protection, police protection and trash service. She said the City did not provide sewer and that water was available from the City through a county water line. Ms. Ellis said to disannex this piece of property would isolate the property owned by Celeste Wilcox. Mr. Napier added that the piece of property would not be contiguous to the city limits if the Denison tract was disannexed. City Attorney Kent McIlyar said he had not seen anyone cut out of the city limits like this and that if the City disannexes this property, they would be giving up zoning regulations. He also said to disannex parcels of land not on your boundaries' edge would result in redesigning your boundary limits. Mr. McIlyar said he did not see any reason to support this disannexation. Council Member Wright inquired about an Attorney General opinion. Council Member Grossnickle said when they went through the redistricting process the City was informed they had to be contiguous. Mayor Hashmi asked the Council how they wished to proceed. Council Members Frierson and Lancaster said they favored getting an Attorney General opinion. Pending receipt of a Texas Attorney General opinion, a Motion to table this item was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 16. Receive, discuss and provide direction to city staff on an application for disannexation filed by Boyd and Deborah Hudgens. City Clerk Janice Ellis said staff had received an application for disannexation and the basis of the request was lack of city services. Ms. Ellis reported that this property consisted of one acre and a house that the city provided fire protection, police protection and trash service. She said the City did not provide water or sewer to the property. Ms. Ellis said to disannex this property would mean that it would be in a land lock situation. Mr. Hudgens said he did not understand how it could be landlocked from the county. Mr. Napier explained his property was 1,700 feet from the city limits and if disannexed, his property would create a donut hole in the city limits and that would not be contiguous with the city limits. Mr. Hudgens said they were paying for services they were not getting. Mr. Godwin explained that they were not getting water and sewer and that they were not paying water and sewer bills. He further explained that taxes collected were not spent on water and sewer, because those were separate funds. Mr. Hudgens said he thought services were to be provided to them within two years of annexation Regular Council Meeting March 11, 2013 Page 5 and they were annexed in 1998. Council Member Grossnickle said he understood that the law changed in 1999, and that municipalities did not have to provide water and sewer if property was annexed prior to 1999. Council Members Grossnickle and Frierson expressed concern about shrinking the city limits. Mayor Hashmi asked staff to explore other areas in which to help the Hudgens. Council Member Wright said they should provide service, reduce rates or disannex the property. Mr. Godwin said he understood folks were frustrated and wanted to give Council time to think about this and for staff to assist them with research or whatever else they may need. Mr. Godwin said he thought they needed to look at this globally. Mr. McIlyar pointed out that a former Council did not annex these parcels one at a time, but rather by much larger tracts. He said the annexation law was not set up to be a piece meal process and reiterated Mr. Godwin with regard to studying this from a global view. Council Member Grossnickle suggested they table this item. A Motion to table this item was made by Mayor Hashmi and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 17. Receive, discuss and provide direction to city staff on an application for disannexation filed by Clint Spencer. City Clerk Janice Ellis said staff had received an application for disannexation and the basis of the request was lack of city services. Ms. Ellis reported that this property consisted of 6.25 acres located at the corner of Wildwood Lane and was an unimproved piece of property. She said the City provided fire protection, police protection and trash service. She said the City did not provide water or sewer to the property, but that water was available from the City through a county water line. Council Member Grossnickle said this property was not a part of the original Wildwood Lane. Council Member Frierson confirmed it was an unimproved piece of property. Council Member Grossnickle said it was in an area in which could result in a domino effect thus there was the potential of losing fourteen or fifteen houses from the city if they continue disannexing property. Council Member Lancaster suggested they look at this property when they bring the other two properties back for consideration. A Motion to table this item was made by Council Member Lancaster and seconded by Council Mayor Hashmi. Motion carried, 7 ayes — 0 nays. 18. Discuss requesting TxDOT funding for construction of hangars at Cox Field Airport. City Engineer Shawn Napier said that the airport had a list of over twenty people who wanted to rent hangar space at the airport and the Airport Advisory Board recommended that a letter of interest be sent to the TxDOT Aviation Division to request grant money. In addition, he Regular Council Meeting March 11, 2013 Page 6 said the City could request four years' worth of non - primary entitlement money. Mr. Napier also said under the current program, $150,000 was set aside each year for the airport which would total $600,000. Mr. Napier explained the City's match would be 10 %. Mr. Napier told the Council the money could be used to fund projects that had been approved in the airport master plan or to fix problems that existed on the airfield portion of the airport. He noted that the master plan included construction of a 10 -unit T Hangar and extension of a hangar access taxiway. A Motion to send a request to TxDOT for funding was made by Council Member Grossnickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 19. Discuss and consider entering into an agreement with a new law firm to provide professional services for the collection of delinquent taxes for the City of Paris. Mr. Godwin said the city, county, PISD, and PJC had for many years utilized the professional services of Linebarger Goggan Blair & Simpson. He said they were a very large firm and felt it was time to make a change. Mr. Godwin recommended Tracy Pounders, who has a two- attorney firm and felt that they would provide more personal service to the City of Paris. It was a consensus of the City Council for the City Attorney to move forward with entering into an agreement with Tracy Pounders for managing tax delinquency in Paris. 20. Discuss, public hearing and act on ORDINANCE NO. 2013 -008: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, READOPTING ARTICLE III CURFEW REGULATIONS FOR CHILDREN OF CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS, REVISING CERTAIN LAW ENFORCEMENT PROCEDURES APPLICABLE TO THE CURFEW ORDINANCE AND MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, SEVERABILITY CLAUSE, SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Chief Hundley said the curfew ordinance had the desired effect by curbing juvenile involved criminal activity and asked the City Council to adopt this ordinance. Mayor Hashmi opened the public hearing and asked that anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. A Motion to approve this ordinance was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 21. Discuss and act on ORDINANCE NO. 2013 -009: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 31 -29, Regular Council Meeting March 11, 2013 Page 7 DRIVING OVER PUBLIC PLAYGROUND OF CHAPTER 31 TRAFFIC, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Chief Hundley explained while investigating a recent complaint regarding a motor vehicle being operated on the Trail de Paris, they learned there was not an ordinance that prohibited motor vehicles in city parks and that one was needed. A Motion to approve this item was made by Mayor Hashmi and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 22. Receive and discuss a report on the demolition of dilapidated structures in Paris. Code Enforcement Supervisor Robert Talley reported that Building and Standards Commission had placed orders on approximately 174 structures. He said 49 structures were demolished totaling $133,859.48 which averaged out of to $2,731.83 per structure. Mr. Talley also said 76 structures were waiting to be demolished, which would cost approximately $207,690.08. Mayor Hashmi asked staff to explore avenues in which to expedite the process. 23. Discuss and take action on a presentation by the mayor on development of housing in Paris. Realtor Jim Bell gave a presentation with regard to the housing market in the City of Paris and the local and state economy. Mayor Hashmi said the purpose of this discussion was to try to obtain land in order to make it easier for developers to build homes, in hopes that people would purchase homes in the City. He said easy access was the PEDC property, but that he was not a developer and thought they should form a committee of people made up of developers and realtors to come up with solutions or options to build more residential neighborhoods. City Council discussed exchanging property located at the Industrial Park and airport, the need for development in West Paris, the new industries coming to Paris and housing currently available, loss of business in West Paris due to lack of housing, that growth would benefit everyone, and the need for more information. Developer Wayne Brown suggested some type of incentives for builders, developers or new home buyers and expressed concern about the City crossing over into the private business of development. Mayor Hashmi that the City would have no part in participating in any kind of development, so there would be no competition between the City and developers. It was a consensus of the City Council to form a committee and Mayor Hashmi welcomed Mr. Brown, Mr. Bell and Mr. Ressler to participate in the committee. Mayor Hashmi said he and one other Council Member would also participate. Regular Council Meeting March 11, 2013 Page 8 24. Discuss the May 11, 2013 bond election. Mayor Hashmi reminded everyone that the bond election was May 11 th. 25. 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 as follows: • City of Paris v. 911 Restoration • City of Greenville v. Syngenta Corp. Mayor Hashmi convened City Council into executive session at 7:53 p.m. 26. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Hashmi reconvened City Council into open session at 8:02 p.m. A Motion to authorize the City Attorney to enter into the settlement agreement with 911 Restoration was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 27. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. Council Member Wright said he would like a report from the City Manager about the meeting with the District Judge concerning the probation buildings. 28. 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 8:05 p.m. n 1 �oa.. ICE ELLIS, CITY CLERK