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05 - MINUTES FROM COUNCIL MEETING ON 08/10/2015Item No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS August 10, 2015 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, August 10, 2015, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Aaron Jenkins; Billie Lancaster; Benny Plata; Steve Clifford; Matt Frierson; and Edwin Pickle City Staff: John Godwin, City Manager; Gene Anderson, Finance Director; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Larry Wright, Fire Chief, Bob Hundley, Police Chief, Director; Doug Harris, Utilities Director; Jerry McDaniel, Public Works Director; and Priscilla McAnally, Library Director Opening Agenda Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Pastor Bob Bush gave the invocation. 3. Pledge of Allegiance. Council Member Lancaster led the pledge. 4. a. Citizens' Forum. Chris Dux, 4075 Sunset View — he said he was the former CEO of PRMC and he dealt with state and federal regulations. Mr. Dux said he owned a building in the historic district and he was applying to serve on the Historical Preservation Commission and asked the Council to support him. Billy Bell, 2054 Cleveland — he said he would like another cable company in town, because the current company continues to increase their price. He also said he would like to get two items on the agenda. Janice Price, 1230 Shiloh — she complained about the high grass in West Paris and specifically at the corner of 13th and Shiloh, and said it was dangerous because it blocked vision at that intersection. Regular Council Meeting August 10, 2015 Page 2 James Price, 1230 Shiloh — he said Sister Rose Lindsey would speak for him due to his stroke. Rose Lindsey, 1940 Dixon — she said there was an abandoned house at Dixon and 10th NW that people stayed in and that something needed to be done about the house. She also referenced a lot from 10a' NE to 10h NW that belonged to the City and that it needed to be cleaned up. She said she wanted to get the tour scheduled to look at these areas. Derek Hughes, 1627 5th NE — he said in the bottom of the courthouse there were Negro only signs for toilets. Mr. Hughes said he understood the signs were placed there because of history but that it was not a good part of history and was offensive. He was referred to take this up with the Lamar County Commissioners Court. Ken Higdon, 8 W Plaza — as Lamar County Chamber President, he invited everyone to hear Kathryn Jackson to speak at a legislative update luncheon on August 18th. Brenda Cherry, 1442 Fitzhugh — she said she too was offended by the signs at the courthouse. Ms. Cherry there was a lot behind her house that she did not believe had been mowed since 2003 or 2004 and there were activities taking place there that should not be taking place. She also said it was the City's responsibility to take care of the poor neighborhoods too. Chris Brown, 4650 Deer Haven — he referenced the animal ordinance citing he was attacked two weeks ago by a pit bull while delivering the mail. He asked about the possibility of the City making citizens aware of these problems and specifically not having their dogs tied close to a mail box. Shantainu Woods, 2116 Wimberly Dr., Brookston — she said her nephew was one of the four murdered and in two months it will be two years and they haven't heard from the police department. She said it was clear the police department needs some help. Ms. Woods said these four murders should be kept on the fore front. Carl Brown, 3830 Brownwood — he said when the City closes on property or takes it; they should be able to keep the property clean. He said other cities do not do business like Paris and are fair about bidding contracts. Mr. Brown said the City does not allow others to bid because they continue to extend contracts with their current vendors. He said he was going to give them an opportunity to look into this. Thelma Dangerfield, 1230 MLK — she said on the east side of her property there was a branch that was grown up and that she had lived there since 1989 and had received no help with this problem. Ms. Dangerfield also said there was an abandoned house on the corner of NE 16th and MLK and there was a stray dog that stayed there and was always getting into everyone's trash. She said this property needed to be cleaned up and mowed. Regular Council Meeting August 10, 2015 Page 3 Tyrone Brawnier, 853 -5t' NW — he said he had talked to the manager about cleaning the ditches in West Paris and had not received any help. He said the ditches were mosquito cess pools. b. Proclamation declaring August 11, 2015 as Underground Damage Prevention Day. Mayor Hashmi read the proclamation and asked Ms. Ellis to forward it to Atmos representative Ms. Moser. c. Proclamation declaring the month of August 2015 as "One City, One Book." Mayor Hashmi read the proclamation and presented it to Ms. McAnally and Mrs. Young. 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 Lancaster and seconded by Council Member Clifford. Motion carried, 7 ayes — 0 nays. 5. Approve minutes from the meeting on July 27, 2015. 6. Receive reports and/or minutes from the following boards, commissions, and committees: a. Airport Advisory Board (6 -8 -2015) b. Planning & Zoning Commission (7 -6 -2015) c. Traffic Commission (7 -7 -2015) 7. Approve the low bids for chemicals to be used at the Water and Wastewater Treatment Plants. Reject all bids for the Trail de Paris Rehabilitation Project. 9. Receive the 2015 tax appraisal roll from the Lamar County Appraisal District. 10. Deny the Final Plat of Lot 1, Block A, Sky Park Addition City Block 249, located in the 2500 Block of Lamar Avenue. 11. Approve ORDINANCE NO. 2015 -018: AN ORDINANCE OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 5 -14, FEES OF CHAPTER 5 OF THE CITY CODE OF ORDINANCES; PROVIDING FRO AN INCREASE IN IMPOUNDMENT FEES FROM $20.00 PER TO $50.00 PER HEAD DAILY CARE AND STORAGE FEES FROM $5.00 PER DAY TO $10.00 PER DAY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, Regular Council Meeting August 10, 2015 Page 4 A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Reeular Agenda 12. First Reading of an ORDINANCE OF THE CITY OF PARIS, TEXAS, GRANTING TO ATMOS ENERGY CORPORATION, A TEXAS AND VIRGINIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT, MAINTAIN, AND OPERATE PIPELINES AND EQUIPMENT IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FOR THE TRANSPORTATION, DELIVER, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID CITY FOR ALL PURPOSES; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE PUBLIC RIGHTS -OF -WAYS; AND PROVIDING THAT SUCH FEE SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES; PROVIDING FOR A TERM AND EFFECTIVE DATE; PROVIDING FOR WRITTEN ACCEPTANCE OF THIS FRANCHISE; PROVIDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC; PROVIDING FOR SEVERABILITY; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF. Finance Director Gene Anderson explained that the franchise between the City and Atmos expired April 15, 2015, but Atmos would continue to operate under the terms of that franchise until a new agreement was approved. Mr. Anderson said the Charter required three reading prior to adoption of an ordinance and this was the first reading. 13. Discuss, conduct a public hearing, and possibly act on ORDINANCE NO. 2015 -019: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HRETOFORE AMENDED, SO AS TO REZONE LOTS 6 &7, CITY BLOCK 331, BEING LOCATED IN THE 3700 BLOCK OF NW LOOP 286, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A PLANNED DEVELOPMENT DISTRICT (PD -b) TO A COMMERCIAL DISTRICT (C); DIRECTING A CHANGE ACCORDINGLY ITN EH OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A Motion to move item 23 after item 14 was made by Council Member Lancaster and seconded by Council Member Jenkins. Motion carried, 7 ayes — nays. 14. Discuss and conduct a public hearing on the petition of Skyler Burchinal for a change in zoning from a General Retail District (GR) and Single Family Dwelling District No. 2 (SF -2) to a Commercial District (C) with a Specific Use Permit (55 -Self Storage/Mini Warehouse) on Lot 7, part of 8 and 9, City Block 249, located in the 2500 Block of Lamar Avenue. Regular Council Meeting August 10, 2015 Page 5 City Manager John Godwin explained that this application was no longer valid and needed to be denied. Mayor Hashmi opened the public hearing and with no one speaking, closed the public hearing. A Motion to deny this zoning change was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 23. Discuss and possible action on an agreement between Red River Valley Fair Association and City of Paris concerning Paris /Lamar County Fair Grounds Event Center located at 1875 Fitzhugh Street. A Motion to remove this item from the table was made by Council Member Lancaster and seconded by Council Member Jenkins. Motion carried, 7 ayes — 0 nays. A Motion to accept this property to be used for city functions once the $25,000 was paid on the building by Red River Valley Fair Association was made by Council Member Lancaster and seconded by Council Member Jenkins. Council Member Frierson questioned what the City could do different than what the Fairground Association was currently doing with the building. Council Member Lancaster said they could have pre - reading programs there for children, and conduct dog training among other things. Red River Valley Fair Director Rita Haynes explained the building was built in 1997, they borrowed $250,000 and $25,000 was owed, and that would be paid off by the first of November. She said they had been renting out the building for various functions and operated with minimum staff. Ms. Haynes further explained they shut down bingo in 2010 and could not sell the building, because the land belonged to the City. Mayor Hashmi inquired if any repairs were needed and Ms. Haynes told him cosmetic repairs were needed to the floor, but the roof was good and the air condition was new. Council Member Frierson asked Ms. Haynes if there was anything the City could do differently. Ms. Haynes said the Fairground Association needed to downsize. Council Member Plata inquired the cost of replacing tables and chairs and Ms. Haynes said the cost would depend on what they decided to put in the building. Council Member Plata said if they were going to move forward with this they should budget for replacement of the tables and chairs, at which time Mayor Hashmi said he would donate them. Ms. Haynes said there were two rooms that could be rented out and they were rented out most of the time. Council Member Clifford asked Ms. Haynes what would keep the Fairgrounds Association from simply abandoning the lease and building. Ms. Haynes said nothing, except that was not how she did business. Council Member Pickle inquired who managed the event center and Ms. Haynes told him she managed it and used community service for cleaning the building. Council Member Lancaster said the City did not do enough for the youth and instead of constructing a new building, the City would already have a building. She said it generates money through rentals. Council Member Jenkins agreed and said the building was used often. Mayor Hashmi said the building was on City property and if the building was in good shape and ready, that he did not see any problem in obtaining it. Citizen Derek Hughes told the Council this building was in the black community, it was used a lot and whoever rents it should be responsible for cleaning it. He said he did not think it would be that much of a burden on the Regular Council Meeting August 10, 2015 Page 6 City. Council Member Frierson said they just heard from people in citizens' forum how the City could not take care of lots. Council Member Frierson asked Mr. Godwin if this would cost the City more and if it would require more employees. Mr. Godwin said it depended on what the City does, such as additional programming would require additional staffing. Mayor Hashmi called for a vote on the Motion. Motion carried, 5 ayes — 2 nays, with Council Members Pickle and Frierson casting the dissenting votes. 15. Discuss and act on a Resolution Directing Publication of Notice of Intention to Issue Combination Tax and Limited Pledge Surplus Revenue Certificates of Obligation. Mayor Hashmi said he had placed this item on the agenda but after seeing portions of the budget, he would like to table this item. A Motion to table this item until after the budget workshops was made by Mayor Hashmi and seconded by Council Member Clifford. Motion carried, 7 ayes — 0 nays. 16. Receive update, discuss and possibly act on hiring of outside inspectors for the Bond Projects. A Motion to remove this item from the table was made by Mayor Hashmi and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. Mr. Godwin explained that staff issued a request for proposals /qualifications and received proposals from KSA, Bureau Veritas, H. W. Lochner, and Building Code Consulting Services. He said he did not know if Council wanted to interview the firms or move forward. He also said if they wished to take action they would need to direct him to negotiate an agreement and he recommended KSA. Mr. Godwin said KSA specifically has a person he worked with in the past, who did a great job and lives in Mt. Vernon. Mr. Godwin told the Council that Project 4 was a 22 -27 million dollar job, was about a 48 month project and would require more than one inspector on the job some days, some weeks, some months. He said because they were limiting the inspector outside the county, there would be lodging and meal expenses, and there may be a cost savings to having someone in Mt. Vernon. Mayor Hashmi said Council Member Clifford was the one who placed this item on the agenda and that personally his preference was to meet with the firms prior to making a decision. Council Member Lancaster, Jenkins and Plata agreed with the mayor. Council Member Clifford said he wanted to meet with the firms in order for them to explain what they were going to do. Council Member Frierson said that was fine if that was the consensus of the Council. Council Member Pickle agreed with Council Member Frierson. Mr. Godwin said he would schedule the four firms on the same date. 17. Discuss animal control ordinance. Regular Council Meeting August 10, 2015 Page 7 Mr. Godwin said the City's ordinance was originally written in 1970 and it was time to update how the City handles certain situations. He said he had spoken to the chief and prosecuting attorney. Council Member Frierson said he had spoken to Mr. Godwin about this and was in favor of amending the ordinance for public safety issues. It was a consensus of Council for staff to bring back recommended changes. 18. Discuss and appoint two members to fill the vacancies on the Historic Preservation Commission. Ms. Ellis informed City Council there were two vacancies on the HPC and applicants were Chris Dux, Anne Biard, and Michael King. Mayor Hashmi opened the floor for nominations. Council Member Clifford nominated Chris Dux and seconded by Council Member Clifford; Council Member Pickle nominated Anne Biard and seconded by Council Member Frierson; and Council Member Lancaster nominated Michael King. Mayor Hashmi called for votes on the applicants. Motion carried for Chris Dux, 7 ayes — 0 nays. Motion failed for Anne Biard, 3 ayes - 4 nays, with Mayor Hashmi, and Council Members Lancaster, Clifford, and Jenkins casting the dissenting votes. Motion failed for Michael King, 3 ayes — 3 nays, with Council Members Frierson, Plata and Pickle casting dissenting votes and Council Member Jenkins abstaining from the vote. Mayor Hashmi said one position remained vacant and asked that staff advertise for that position. 19. Receive presentation and provide direction to staff on the FY 2015 -2016 budget for the City of Paris. Mr. Godwin reviewed highlights of the 2015 -16 proposed budget, which included a flat tax rate of 50.195 cents per $100 valuation; debt service for $2.5 million in certificates of obligation for parks and drainage projects; a shift in the pay plan of 1.8% equal to the most recent increase in ad valorem tax values; creation of two unfunded police officer positions; continued phasing in of pay changes in the fire department and full -time EMS staff; one new ambulance and associated equipment; new sanitation fund, and recycling program; and completion of new restroom at the fairgrounds. Mr. Godwin said not included in the proposed budget was the pay plan changes in the police department; architectural and engineering costs for a replacement EMS station in Northwest Paris; a replacement motor grader for Streets; annual replacement SCBA and bunker gear to ensure compliance with firefighter safety standards; refurbishing tennis courts or new skate park improvements; and COLA for retirees. Mr. Godwin answered questions from Council and said a budget workshop was scheduled for August 3 1St Regular Council Meeting August 10, 2015 Page 8 20. Receive update on sell of the old police station (811 Bonham Street) and other city properties. A Motion to combine items 20 and 21 was made by Mayor Hashmi and seconded by Council Member Clifford. Motion carried, 7 ayes — 0 nays. Mr. Anderson said he was working with the County toward possibly selling the old health department building through Rene Bates on -line auction. He also said he had asked Lamar County Appraisal District to re- evaluate the property because the appraised value was excessive. Mr. Anderson also said he was waiting on a re- evaluation on the old police department building and would be taking that to the Rene Bates on -line auction. 21. Receive update on construction of the bathrooms at the fairgrounds. Mr. Godwin said they were not going to be able to complete the bathrooms prior to the fair and Ms. Haynes asked that they delay construction until after the fair. 22. Discuss a new wastewater treatment plant and provide direction to city staff. Jeff Sober of Garver Engineering presented to the City Council a proposed work plan which included a conceptual design phase, funding assistance, preliminary design, final design, bidding, construction, and start-up and commissioning. Under the conceptual design phase, Mr. Sober said they would determine which facilities could be maintained, which facilities needed to be rehabilitated, which facilities needed to be replaced now and which TCEQ rules could they could obtain a variance. Mayor Hashmi inquired if the plant was currently meeting the TECQ requirements. Mr. Sober said yes, it was meeting all of the existing permit requirements. He also said it should be noted that it was impressive given the age of the facility that the staff had been able to maintain it. Mayor Hashmi inquired when the change on phosphorus and ammonia would be forthcoming from TECQ and Mr. Sober anticipated it would be five years because of the permit cycle. Mayor Hashmi asked about the financial assistance. Mr. Sober said Garver had done quite a lot of pro -bono work and had assisted the staff with discussion with the Texas Water Development Board and applied for project funding, and they had been looking at regional planning grants and SRF loans. Utilities Director Mr. Harris added that the City qualified for the regional planning grant, but the funding ran out before they got to the City of Paris. Mayor Hashmi asked how they came up with the list depicted in the slides and asked if they inspected the plant or based the list on staff information or history. Mr. Sober said they relied on all three and they started with the existing reports done by previous engineers including Hayter. Mr. Sober also said the last report was 2010 and the previous study was in 1993. Mayor Hashmi asked if what Garver was recommending today had changed in the last five years from the previous report. Mr. Sober said that could be the case and then stated this was a preliminary look, but they planned to perform a full assessment as part of the conceptual design. Mayor Hashmi questioned if a plant had already been designed by Garver or constructed by them why would there need to be a redesign and why could they not just use the old plan. Mr. Sober said building a new facility would cost a Regular Council Meeting August 10, 2015 Page 9 significant amount more capital investment and they were recommending rehabilitation of the existing facility. He also said they had not designed a brand new facility anytime in the last five years because it was more cost effective for facilities to continue to rehabilitate their existing facilities. Mr. Sober told the Council every facility was different and engineering concepts and plans that would be created for the City of Paris would be entirely different from any other facility. Mayor Hashmi asked about the cost of the plant of 7.2 mag. Mr. Sober said it would cost anywhere in the range from 30 to 72 million dollars. Council Member Pickle asked about the rehabilitation costs. Mr. Sober said it was nearly impossible to give them a dollar amount for rehabilitation cost because it would be facility specific and the conceptual design phase was created to identify exactly what that would cost. Council Member Plata asked Mr. Sober if he was guessing would the rehabilitation cost about 20 million dollars. Mr. Sober said he had a lot of options for them to consider after the conceptual design was completed. Mayor Hashmi wanted to know if there was going to be a plan for use of affluent water. Mr. Sober said there were several ways you could reuse affluent water, whether it was irrigating golf courses and parks or direct augmentation of the drinking water supply. He said they could investigate that as part of the conceptual design. 23. 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: a. Paris Warehouse 107, Inc. Tax Abatement Agreement; b. JS Baking, LLC (Skinner Bakery) Tax Abatement Agreement. Section 551.074 of the Texas Government Code, (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, or (2) to hear a complaint or charge against an officer or employee, as follows: C. Annual evaluation of city manager; d. Annual evaluation of municipal judge; e. Annual evaluation of city attorney. Mayor Hashmi convened City Council into executive session at 7:24 p.m. 24. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Regular Council Meeting August 10, 2015 Page 10 Mayor Hashmi reconvened City Council into open session at 8:21 p.m. He said Council was going to postpone the evaluations until the next meeting, because of the duration of this meeting. Mayor Hashmi said they received advice from the city attorney about the tax abatement agreements. With regard to Paris Warehouse 107, Inc., City Council directed the city attorney to request the Lamar County Appraisal District to amend the tax statements and collect all unabated taxes under the tax abatement agreement. City Council also directed the city attorney to request from Skinner Bakery updated employment numbers for compliance purposes under the tax abatement agreement. 25. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. Mr. Godwin said he planned a budget workshop for August 31St and on that same night he would invite the engineer firms so they could conduct interviews for inspectors, and they would also conduct a public hearing on the disannexation that night. 26. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 8:23 p.m. A.J. HASHMI, MAYOR JANICE ELLIS, CITY CLERK