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10.14.13 MINUTESMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS October 14, 2013 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, October 14, 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; Larry Wright, Fire Chief; Bob Hundley, Police Chief, Doug Harris, Utilities Director; Alan Efrussy, Planning Director; and Sandy Collard, HR Director Opening Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Pastor Bush gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. 4. Citizens' Forum. On behalf of the City Council, Mayor Hashmi expressed condolences to the families of the four young victims who lost their lives. He said that city officials and staff would work diligently to take necessary steps to ensure this type of tragedy does not re- occur. Also, Mayor Hashmi said the City lost a well -liked and valued city employee Sunday morning in a tragic accident. He said that Joe Hoard would be greatly missed. Rebecca Clifford — she said that a citizen had questioned her recent presentation and she requested to be placed on the next Agenda. Regular Council Meeting October 14, 2013 Page 2 Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. There being none, a Motion to approve the Consent Agenda was made by Council Member Drake and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 5. Approve the minutes from the City Council meetings on September 9, 2013 and September 23, 2013. 6. Receive reports and/or minutes from the following boards, commissions, and committees: a. Building and Standards Commission (8 -19 -2013) b. Historic Preservation Commission (8 -26 -2013 and 9 -11 -2013) c. Paris Public Library Advisory Board (8 -21 -2013) d. Airport Advisory Board (6 -20 -2013 and 8 -15 -2013) e. Planning and Zoning Commission (9 -10 -2013) 7. Appoint two members to the Main Street Advisory Board. 8. Approve the Final Plat of Lot 1, Block A, Fikes West Paris Addition, located in the 3900 Block of Bonham Street. 9. Approve RESOLUTION NO. 2013 -035: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, REQUESTING THE LAMAR COUNTY SHERIFF OR CONSTABLE TO RE -SELL TAX FORECLOSED PROPERTIES IN ACCORDANCE WITH TEXAS PROPERTY TAX CODE SECTION 34.05; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 10. Approve ORDINANCE NO. 2013 -034: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ( "CITY ") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE ( "ACSC" OR "STEERING COMMITTEE ") AND ATMOS ENERGY CORP., MID -TEX DIVISION ( "ATMOS MID -TEX" OR "COMPANY ") REGARDING THE COMPANY'S 2013 ANNUAL RATE REVIEW MECHANISM ( "RRM ") FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO THE BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; REPEALING CONFLICTING RESOLUTIONS OR ORDINANCES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN Regular Council Meeting October 14, 2013 Page 3 EFFECTIVE DATE; PROVIDING A MOST FAVORED NATIONS CLAUSE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL. 11. Approve an Interlocal Agreement with Ark -Tex Council of Governments for E9 -1 -1 service and PSAP Equipment for the City of Paris. Regular Agenda 12. Receive presentation from John O'Donnell of Toys for Tots. Mayor Hashmi said that Mr. O'Donnell was unable to be at the meeting and this item would be rescheduled. 13. Conduct the first public hearing on an application for disannexation filed by Clint Spencer for two tracts of land; tract one is 6.25 acres of land in the Wesley Askins Survey, Abst. No. 7, being the same property conveyed to Don A. Ensey by deed dated January 13, 1995, of record in Book 499, Page 259, Lamar County Real Property Records; and tract two is 0.011 acre of land, a part of the Wesley Askins Survey, Abst. No. 7, and being a part of a called 41.67 acre tract of land conveyed to Don A. Ensey by deed of record in Book 499, Page 261, Lamar County Real Property Records. Mayor Hashmi said it was a consensus that they move forward with the disannexation process and this was the first of two public hearings. 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. 14. Discuss, conduct a public hearing and act on ORDINANCE NO. 2013 -035: AN ORDINANCE OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOT 1, BEING CITY BLOCK 329, BEING LOCATED AT 3905 AND 3965 BONHAM STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C), ADDING A SPECIFIC USE PERMIT (49) FOR AUTO FUEL SALES TO THE EXISTING PROPERTY; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Planning Director Alan Efrussy said that the Planning and Zoning Commission approved this request and that he recommended approval of the zoning change. Regular Council Meeting October 14, 2013 Page 4 A Motion to approve this item was made by Council Member Drake and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 15. Discuss and authorize issuance of a request for proposals for engineering services for extension of water and wastewater services to certain underserved areas, including Cox Field. City Engineer Shawn Napier said that staff presented preliminary plans and options of how utilities could be extended to the airport and surrounding area at the September 23rd City Council meeting. Mr. Napier said the next step in the process was to authorize the utility project and issue a request for proposals to consulting firms. He said engineering fees for the work would most likely be 10% to 16% of the construction cost. Council Member Frierson inquired if an investment study had been conducted and Mr. Napier said it had not. Council Member Frierson expressed concern about spending the funds without knowing the return on the investment. Council Member Grossnickle agreed with Council Member Frierson. Council Members Jenkins, Wright and Drake favored moving forward with the project. A Motion to authorize issuance of a request for proposals for engineering services was made by Mayor Hashmi and seconded by Council Member Wright. Motion carried, 6 ayes — 1 nay, with Council Member Frierson casting the dissenting vote. 16. Discuss and act on RESOLUTION NO. 2013 -036: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AUTHORIZING THE CITY TO BECOME ELIGIBLE TO PARTICIPATE IN A RESIDENTIAL TAX ABATEMENT AND APPROVING GUIDELINES AND CRITERIA FOR THE RESIDENTIAL TAX ABATEMENT PROGRAM; 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 Mayor Hashmi and seconded by Council Member Grossnickle. Motion carried, 7 ayes — 0 nays. It was a consensus of City Council to move forward with the residential tax abatement. Council Member Frierson suggested the program be monitored for one year. A Motion to approve the residential tax abatement and monitor the program for one year was made by Mayor Hashmi and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 17. Discuss and act on ORDINANCE NO. 2013 -036: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DESIGNATING A CERTAIN AREA WITHIN THE CITY OF PARIS, TEXAS, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, AS REINVESTMENT ZONE NO. 2013 -1 FOR RESIDENTIAL TAX ABATEMENT; DESCRIBING THE BOUNDARIES THEREOF; Regular Council Meeting October 14, 2013 Page 5 PROVIDING FOR ELIGIBILITY REQUIREMENTS FOR TAX ABATEMENT WITHIN SAID ZONE; PROVIDING REQUIREMENTS FOR TAX ABATEMENT AGREEMENTS AND PROVIDING AN EFFECTIVE DATE. A Motion to remove this item from the table was made by Council Member Lancaster and seconded by Mayor Hashmi. Motion carried, 7 ayes — 0 nays. A Motion to approve this item was made by Council Member Lancaster and seconded by Mayor Hashmi. Motion carried, 7 ayes — 0 nays. 18. Discuss and act on RESOLUTION NO. 2013 -037: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BY AND BETWEEN THE CITY OF PARIS, TEXAS AND THE VALLEY OF THE CADDO MUSEUM AND CULTURAL CENTER, INC., FOR SPACE IN THE DEPOT BUILDING; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Attorney Kent McIlyar said City Council directed staff to draft a Lease Agreement between the City and Valley of the Caddo Museum and Cultural Center for space within the Depot Building. Dr. Bandel requested that the City defer utility costs and City Manager John Godwin said he did not have a problem doing so. Subject to making the change of deferring utility costs, a Motion to approve the Lease Agreement was made by Council Member Lancaster and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 19. Discuss and approve revisions to the City's Personnel Policies and Procedures. City Manager John Godwin said the Council established a committee to review and make a recommendation for revisions to the City personnel policies and procedures. Mr. Godwin said the committee consisted of Council Member Wright, Council Member Drake, City Attorney Kent McIlyar, HR Manager Sandy Collard, Finance Director Gene Anderson and himself, and that they met several times. A Motion to approve the revisions was made by Mayor Hashmi and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 20. Discuss and select an agency to perform services related to the hiring of temporary employees for the City of Paris. Mr. Godwin explained that staff issued and advertised a request for proposals for temporary personnel services, that inquiries were received from three firms but staff only received one response and that was from Hiring Partners, Inc. HR Director Sandy Collard Regular Council Meeting October 14, 2013 Page 6 answered questions from City Council, including that Hiring Partners had lowered their rate from $13.80 to $13.07 per hour. A Motion to hire Hiring Partners to perform services related to temporary employees was made by Council Member Grossnickle and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 21. Discuss and act on RESOLUTION NO. 2013 -038: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AMENDING RESOLUTION NO. 2013- 027, CHANGING THE NAME CAMPBELL SOUP COMPANY TO CAMPBELL SOUP SUPPLY COMPANY, LLC AND CHANGING THE PROJECT TERMINATION DATE TO SEPTEMBER 3, 2018; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Napier explained that staff received a letter from the Office of the Governor requesting that the resolution previously adopted be amended to reflect the legal name of the company and that the ending date of the project be changed from June 3, 2018 to September 3, 2018. A Motion to approve this item was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 22. Discuss and act on RESOLUTION NO. 2013 -039: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AN ECONOMIC INCENTIVE AGREEMENT BETWEEN THE PARIS ECONOMIC DEVELOPMENT CORPORATION AND CAMPBELL SOUP SUPPLY COMPANY, LLC; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. PEDC Executive Director Steve Gilbert said the PEDC Board and Campbell Soup had approved an agreement that requires Campbell Soup to spend $46.1 million, install the new Ready to Eat line, hire and train 68 people. Mr. Gilbert said these things had been done. Mr. Gilbert also said PEDC would pay the $1.4 million incentive upon City Council approval of the agreement. A Motion to approve this item was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 23. Discuss and act on RESOLUTION NO. 2013 -040: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING AMENDMENTS TO THE BYLAWS OF THE PARIS ECONOMIC DEVELOPMENT CORPORATION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Regular Council Meeting October 14, 2013 Page 7 Mr. Godwin said the PEDC Board met and unanimously agreed upon four recommended changes to the existing bylaws. He said the four changes recommended were expanding board membership qualifications to include all of Lamar County, changing terms of office to begin later in the year, clarification regarding resigning board members, and a one -day change to the budget submittal deadline. Council Member Wright said he was not in favor of changing the residency requirements, because retail merchants in the City contribute to funding for PEDC and the County does not contribute funds to the PEDC. Council Member Lancaster agreed with Council Member Wright and also stated that the residents voted how to set up PEDC. Council Member Frierson asked Steve Gilbert to explain the reason for this recommended change. Mr. Gilbert said board member Kenny Dority had to resign when he sold his house and moved to the county. He said that PEDC had been contacted by several business owners who own businesses in Paris, but resided in the county and who had expressed a desire to serve on the Board. Council Member Drake agreed with Council Members Wright and Lancaster. With the exception of retaining the membership for Paris residents only, a Motion to approve the recommended changes was made by Council Member Grossnickle and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 24. Receive presentation from Code enforcement regarding changes made in code enforcement. Code Enforcement Supervisor Robert Talley gave a presentation to the City Council that included code enforcement changes, compliance through cooperation, education of citizens, and prioritizing by the department. He said that being pro- active was of high priority however, complaints had to be addressed as received by the department. Mr. Talley said the department had been reorganized and was under the Fire Department. He also said a five year Capital Improvement budget had been established and they were working on a strategic plan. Mr. Talley informed Council that Code Enforcement would ensure regularly held auctions to be held on a quarterly basis beginning December 2013. Council Member Drake said she had worked with Mr. Talley, Chief Wright and Mr. Maberry during the summer and they did an awesome job although they had limited resources. Council Member Wright expressed concern about code enforcement not being pro- active. Mr. Talley said when they received complaints they did work other violations in the surrounding area. Mayor Hashmi inquired at what point were the property owners no longer fined for non - compliance. Mr. Talley said in the past they took people to Court numerous times, but at the current time they had an abatement crew that cleaned up the property and then a lien was placed on the property. Mayor Hashmi also inquired about the possibility of removing the fines if the property owners would clean up the property. Mr. Talley said they were going to start doing that with deferred adjudication. 25. Accept the bid and award a contract to Bobby Smallwood Construction Co., Inc. for the Grand Theater Strom Damage Repairs subject to execution of a construction agreement, submittal of payment and performance bonds and required insurance policies. Regular Council Meeting October 14, 2013 Page 8 Mr. Napier said one bid was received and that was from Bobby Smallwood Construction in the amount of $152,154. He said the project would be funded from the lawsuit settlement of $85,000 and funds raised by the Leadership Lamar County Class in the amount of $74,770.00 A Motion to accept the bid and award a contract to Bobby Smallwood Construction Co. was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 26. Accept the bid and award a contract to Bobby Smallwood Co., Inc. for construction of the Safe Routes to School project to encompass sidewalks and bike lanes around Thomas Justiss Elementary School and Crockett Intermediate School subject to execution of a construction agreement, submittal of payment and performance bonds and required insurance policies. Mr. Napier said this project proposes to add concrete sidewalks, asphalt trail, bike lanes and school zone lighting around Justiss Elementary and Crockett Intermediate Schools. He also said the City received six bids and the low bid was from Bobby Smallwood Construction in the amount of $398,451.24. Mr. Napier explained the project would be funded by TxDOT. A Motion to accept the bid and award a contract to Bobby Smallwood Construction Co. was made by Council Member Frierson and seconded by Council Members Grossnickle and Drake. Motion carried, 7 ayes — 0 nays. 27. Discuss street light outage within the City. Council Member Wright said he requested this item, because there were nine non- working street lights between the loop and South Main Street. He asked about the process of getting these lights repaired. Mr. Godwin said the provider was contacted and his understanding was that the lights had been replaced. He further said the outages could be reported on -line or through the police department. Chief Hundley said twice a year citizens on patrol drive every street and make a report of any street light outages. Chief Hundley said that street light outages are reported as they are seen or as reported to the police department. 28. Receive presentations and select an engineering firm(s) to design city -wide municipal infrastructure project(s). Mr. Godwin informed the Council a request for qualifications was issued last month and on September 27 staff had received a total of twenty -two proposals, twenty -one of which were complete. He said a staff committee reviewed the proposals and rated them, thus creating a shortlist of four firms. Mr. Godwin stated the firms were AECOM, Kimley -Horn and Associates, Inc., Teague Nail & Perkins, and HDR Engineering, and that Council would hear presentations from them. He said once the firm was chosen, staff would negotiate a contract which would subsequently be approved by the City Council. He said costs would be approximately 16% of construction costs and would be paid from 2013 voter - approved bond proceeds. Regular Council Meeting October 14, 2013 Page 9 Mayor Hashmi recessed City Council at 6:55 p.m. and reconvened City Council into open session at 7:05 p.m. City Council heard from Don D'Adam of AECOM , along with Holland Harper from HWH and Reeves Hayter from Hayter Engineering. Mr. D'Adam and City Council discussed the timeframe for beginning and completion of the engineering design, the organizational chart of the company, use of local contractors, and the trenchless procedure. Next Council heard from Paul Carline of Kimberly -Horn and Associates. Mr. Carline and City Council discussed the company size, use of local contractors, the trenchless procedure and timeframe for beginning and completion of the work. In addition, he suggested the project be approached as several phases and explained the benefits of phasing was contractor mix, potential cost savings and would minimize impact on traffic. Also, presenting were Doug Biglen and Sedi Tourmani from HDR. In addition to similar discussion as with the other two companies, Mr. Biglen said teamwork was the key to success and that if selected, HDR would open an office in Paris. Mayor Hashmi recessed City Council at 8:52 p.m. and reconvened City Council into open session at 8:55 p.m. Chris Schmitt of Teague Nall & Perkins gave a presentation that included division of the project into four quadrants, as well the project timeframe, company size, and the use of local contractors. After hearing the presentations, City Council discussed the companies and presentations. Mayor Hashmi asked and received recommendations from City staff. Mr. Godwin said it would be best to use two firms, because of the size of the project. It was a consensus of City Council to review and study the information, and make their selection at the special City Council meeting scheduled for Monday, October 21s'. A Motion to table this item was made by Council Member Wright and seconded by Mayor Hashmi. Motion carried, 7 ayes — 0 nays. 29. Discuss and act on updated list for city -wide infrastructure project(s). Mr. Godwin explained that a list of projects had been developed primarily by field staff and could be amended as needed. He said input was given from city staff, the CIP Advisory committee and KSA Engineers on a more inclusive list of projects that would be addressed over the next ten years. A Motion to approve the updated list was made by Mayor Hashmi and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. Regular Council Meeting October 14, 2013 Page 10 30. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. None were referenced. 31. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Frierson and was seconded by Council Member Drake. \,M ion carried, 7 ayes — 0 nays. The meeting was adjourned at 9:52 p.m. \ % \ l- ICE ELLIS, CITY CLERK