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05/12/2014MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS May 12, 2014 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, May 12, 2014, at the City Council Chamber, 107 E. Kaufinan, 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; and Doug Harris, Utilities Director Openiny- Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Pastor David Darrow gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. 4. a. Citizens' Forum. Mayor Hashmi — he said he wanted to thank everyone for helping him throughout his mayor ship and that he had thoroughly enjoyed serving as mayor. He also said he was willing to assist the next mayor in every way or form, as he continues to serve as Council Member for District Seven. b. Proclamation recognizing Tanner Napier's personal outstanding achievements as a golfer. After reading the proclamation, Mayor Hashmi presented the proclamation to Tanner Napier. Regular Council Meeting May 12, 2014 Page 2 C. Proclamation declaring the week of May 6, 2014 as National Nurses Week. After reading the proclamation, Mayor Hashmi presented the proclamation to Tim Walsworth. d. Proclamation declaring the week of Mayl 1, 2014 as Nursing Home Week. After reading the proclamation, Mayor Hashmi presented the proclamation to Tim Walsworth. e. Proclamation declaring the month of May as Motorcycle Awareness Month. After reading the proclamation, Mayor Hashmi presented the proclamation to Paris GyPsyMc Motorcycle Club member Annie Morelock. f. Proclamation declaring the month of May as Preservation Month. After reading the proclamation, Mayor Hashmi presented the proclamation to Main Street Director Cheri Bedford and Historic Preservation Officer Joey Sleeper. Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. A Motion to pull item 8 for discussion was made by Council Member Wright and seconded by Mayor Hashmi. Motion carried, 7 ayes — 0 nays. 8. Approve the Final Plat of Lots 1,2, & 3, Block A, Walnut Creek Business Park 266 Addition, located in the 1900 Block of N.E. Loop 286. Council Member Wright inquired the reason for pulling this property out of the floodplain and inquired if this decision was consistent with decisions made in the past. Mr. Napier explained there had been a lot of changes with regard to floodplains, in that FEMA now allows flood administrators to approve the preliminary work on sites. He said once the site work was complete they could apply for a letter of map revision from FEMA. Mr. Napier said he was the flood administrator for the City and this process would expedite the process through FEMA. Council Members Wright and Drake asked about the denial for Guaranty Bank. Mr. Napier said that was different, in that there were a lot more issues and the old sign ordinance also was an issue. Council Member Lancaster asked how much of this property was in the floodplain and Mr. Napier said approximately 75 %. Mayor Hashmi, Council Member Wright, Council Member Drake and Council Member Lancaster all expressed concern about water flow onto other nearby properties and drainage problems. Mr. Napier said when FEMA revised the new maps in 2011, they placed a lot more property in the floodplain and they were incorrect. He also said they had requested FEMA to reconsider the map and the City was waiting for a reply. Council Member Frierson said FEMA was allowing for more flexibility for property owners. Council Member Frierson also said those people placed in floodplains were being forced to have flood insurance Regular Council Meeting May 12, 2014 Page 3 and people were filing paperwork to get out of the floodplain as described by Mr. Napier. Mayor Hashmi inquired if Ford would be required to get flood insurance for the area and Council Member Frierson said it would depend on what the lender required. Mr. Napier added that Ford was considering building a large retention pond in conjunction with a flood study to take care of additional run -off to the watershed. Several Council Members said they would be more comfortable with sending it to FEMA for approval first. Mr. Napier said they were looking at least 120 day delay if they sent it to FEMA first. A Motion to approve the final plat as presented was made by Council Member Frierson and seconded by Council Member Grossnickle. Motion failed 2 ayes — 5 nays, with Mayor Hashmi, Council Member Wright, Council Member Jenkins, Council Member Lancaster and Council Member Drake casting the dissenting votes. A Motion to first send a request to FEMA was made by Council Member Wright. Mr. Godwin that the motion needed to be a motion to deny without prejudice so that they could reapply again, otherwise they would have to wait an entire year. Council Member Frierson said they did not have flood expertise and the city administrator was saying it was within their boundaries to follow protocol. Council Member Frierson asked for clarification of Council Member Wright's motion to send this to FEMA, as to whether or not the motion was to deny without prejudice. Mr. Godwin said plats had to be approved or denied otherwise, if no action was taken within thirty days it was automatically approved. A Motion to deny the final plat was made by Council Member Wright and seconded by Mayor Hashmi. Motion carried, 5 ayes — 2 nays, with Council Member Frierson and Council Member Grossnickle casting the dissenting votes. A Motion to approve the remainder of the consent agenda was made by Council Member Drake and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 5. Approve the minutes from the City Council meeting on April 28, 2014. 6. Receive reports and /or minutes from the following boards, commissions, and committees: a. Traffic Commission (4 -1 -2014 & 4 -22 -2014) b. Building and Standards Commission (3 -17 -2014) c. PEDC and Airport Advisory Board subcommittee (4 -8 -2014) d. Planning and Zoning Commission (4 -7 -2014) e. PEDC (4 -2 -2014 and 4 -15 -2014) 7. Approve the Final Plat of Lot 2, Block A, Trinity Christian Academy Addition Phase 2, located at 2210 FM 79. 9. Approve RESOLUTION NO. 2014 -017: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; DENYING THE RATE INCREASE REQUESTED BY ATMOS ENERGY CORP., MID -TEX DIVISION ( "ATMOS MID -TEX ") UNDER Regular Council Meeting May 12, 2014 Page 4 THE COMPANY'S 2014 ANNUAL RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; REQUIRING THE COMPANY TO REIMBURSE CITIES REASONABLE RATEMAKING EXPENSES PERTAINING TO REVIEW OF THE RRM; AUTHORIZING THE CITY'S PARTICIPATION WITH ATMOS CITIES STEERING COMMITTEE IN ANY APPEAL FILED AT THE RAILROAD COMMISSION OF TEXAS BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION OT THE COMPANY AND ACSC'S LEGAL COUNSEL; ADDING A SAVINGS CLAUSE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 10. Approve ORDINANCE NO. 2014 -009: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC CONTROL MAP ADOPTED IN SECTION 31 -65 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; ESTABLISHING A SCHOOL SPEED ZONE IN THE 1800 BLOCK OF GRAHAM STREET BEGINNING 85 FEET EAST OF 18TH NW AND CONTINUING WEST ON GRAHAM TO 150 FEET WEST OF 19TH NW MONDAY THROUGH FRIDAY DURING THE HOURS OF 7:00 A.M. AND 8:00 A.M. AND 3:15 P.M. AND 4:15 P.M. ON DAYS WHEN SCHOOL IS IN SESSION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11. Approve ORDINANCE NO. 2014 -010: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC CONTROL MAP ADOPTED IN SECTION 31 -65 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; EXTENDING THE SCHOOL SPEED ZONE ON SOUTH COLLEGIATE DRIVE 200 FEET NORTH OF ITS INTERSECTION WITH SIMPSON STREET; EXTENDING THE SCHOOL SPEED ZONE THEN 75 FEET SOUTH ON SOUTH COLLEGIATE DRIVE FROM ITS INTERSECTION WITH CLARK LANE; AND EXTENDING THE SCHOOL SPEED ZONE 225 FEET SOUTH ON 28TH SE FROM ITS INTERSECTION WITH CLARK LANE MONDAY THROUGH FRIDAY 7:00 — 8:00 A.M. AND 3:15 — 4:15 P.M. ON DAYS WHEN SCHOOL IS IN SESSION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR A REPEALER CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Regular Agenda 12. Conduct a public hearing, discuss and act on RESOLUTION NO. 2014 -018: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF AGRICULTURE FOR THE DISASTER RELIEF FUND; AND AUTHORIZING THE Regular Council Meeting May 12, 2014 Page 5 CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. City Manager John Godwin explained that last December's major ice storm cost the City approximately $800,000 in clean -up, disposal, transportation, and other costs. He said that CDBG funds of up to $350,000 may be available through the Texas Department of Agriculture for at least partial restitution. He also said in order to request funding, the City was required to conduct a public hearing and approve a council resolution authorizing submittal. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in favor or in opposition of this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. A Motion to approve the item was made by Council Member Drake and seconded by Mayor Hashmi. Motion carried, 7 ayes — 0 nays. 13. Conduct a public hearing, discuss and act on ORDINANCE NO. 2014 -011: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A SITE PLAN FOR A MEDICAL FACILITY IN A PLANNED DEVELOPMENT DISTRICT ESTABLISHED ON LOT 3 AND PART OF LOT 2, BLOCK 7, SPRING LAKE ADDITION, BEING LOCATED IN THE 300 BLOCK OF NORTH COLLEGIATE DRIVE, 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. Mr. Napier said V &K Properties, LLC was the prospective buyer of the subject property, and had obtained written permission from the seller to make this request. He also said that the new owner planned to build a dental office and that Planning and Zoning Commission approved the request on a vote of 7 -0 at its May 5th meeting. Mr. Napier recommended approval of the site plan. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in favor or in opposition of this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. A Motion to approve the item was made by Council Member Drake and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 14. Receive presentation from The Retail Coach and consider taking action on a professional services agreement to provide retail analysis and recruitment in conjunction with the Lamar County Chamber of Commerce. Regular Council Meeting May 12, 2014 Page 6 Vice - President Aaron Farmer of The Retail Coach presented to the City Council a retail economic development plan for the City of Paris. The plan included project approach, market and location intelligence, retail strategies, developer strategies, an action plan, and the leadership team. Mr. Farmer answered questions from City Council about leakage, the trade area, retail gap, and retail trade area determination. He also said the cost of services for the first year was $29,995 and should the City want to continue after twelve months, the price would be one -half of the cost. A Motion to approve this item was made by Mayor Hashmi and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 15. Consider and act on RESOLUTION NO. 2014 -019: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AUTHORIZING AND APPROVING A LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR A TRANSPORTATION ENHANCEMENT PROJECT CSJ #0901 -29 -079, DESCRIBED AS WEST PARIS MULTI -USE TRAIL PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mr. Godwin said in order to proceed with the next step of this project, they needed to complete a Local Transportation Project Advance Funding Agreement with TXDOT. He also said actual construction would not occur until 2015, but they needed to submit the required agreements and begin environmental engineering. Mr. Godwin said the total cost of the project was estimated at $696,208 of which the City must fund $181,014, or 26 %. He also said the City would need to expend $2,361 this year to pay the City's share of the State's administration of the federally - funded program, plus the cost of the engineering. A Motion to approve this item was made by Mayor Hashmi and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 16. Consider and act on an agreement with Hayter Engineering to provide engineering services required to complete the West Paris Trial grant project. Mr. Godwin said this was the same project and the only work to be done under this agreement, was the environmental study. He anticipated the cost to be $5,500 and said funding was available. A Motion to approve this item was made by Mayor Hashmi and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. Regular Council Meeting May 12, 2014 Page 7 17. Consider and approve future events for City Council and /or City Staff pursuant to Resolution No. 2004 -081. Mr. Godwin informed City Council that after many years, this was the last time that Connie Fitzgerald and Christian Fellowship Church would be providing food at the council meeting. City Council Members expressed their appreciation to Mrs. Fitzgerald. 18. 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 6:55 p.m. A.J. HAS I, MAYO (::)4 i �QO,&D J ICE ELLIS, CITY CLERK