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04/2012MINUTES OF THE REGULAR CITY COUNCIL MEETING i OF THE CITY OF PARIS, TEXAS 150 April 9, 2012 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, April 9, 2012, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Joe McCarthy; Robert Avila; John Wright; Richard Grossnickle; and Edwin Pickle City Staff: Gene Anderson, Interim City Manager/Finance Director; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Shawn Napier, City Engineer; Bob Hundley, Police Chief; Ronnie Grooms, Fire Chief; Ron Sullivan, Public Works Director; Kent Klinkerman, EMS Director; and Doug Harris, Public Utilities Director Absent: Council Member: Matt Frierson Opening Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Reverend Kenneth Rogers gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. 4. Citizens' forum. Ray Banks, 3450 Robin Road — he wanted to know who was responsible for determining the number of handicap parking spaces for businesses. William Conder, 1870 E. Polk Street — he said he had attended a meeting at TxDOT about handicap issues and was told that the city and county were eligible for grant money for a public transportation system. 1504 Regular Council Meeting April 9, 2012 Page 2 Michael Glatfelter, 1345 S.E. 6�b Street — he said that he wanted to publically oppose the new city manager, because the salary was excessive. Bloys Enloe, 735 41st S.W. — he said sixty years ago the City quit requiring sidewalks be built and that the City should have a policy requiring new additions to put in sidewalks. A.J. Hashmi, 4510 FM 195 — he said he hosted a radio program on Tuesday mornings at 7:30 a.m. and welcomed city council candidates to schedule a time to speak on the radio program. 5. a. Proclamation declaring the month of April as Paris French Toastmasters month. Mayor Hashmi read the proclamation and presented it to Norman Young. b. Proclamation declaring the month of April as Safe Digging month. Mayor Hashmi read the proclamation and presented it to Ron Sullivan. Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. There were none. A Motion to approve the Consent Agenda was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 6 ayes — 0 nays. 6. Deliberate and act on the approval of minutes from the meetings on March 20, 2012 and March 26, 2012. 7. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Main Street Advisory Board (2 -21 -2012) Regular Agenda 8. Presentation by Christopher McGreal on sidewalks as related to disabled persons and deliberation. Christopher McGreal of Texas Disability Rights Texas gave a presentation regarding disabled persons and their mobility needs. He cited hot spots for mobility devices depicting photographs of damaged sidewalks, curbs and ramps. Mr. McGreal also expressed the need for an Americans with Disabilities ( "ADA ") Act Coordinator, who would serve as a liaison between the disability community and the city. Mr. McGreal said that an ADA Coordinator was required of any public entity with more than fifty employees. He also said that Disability Rights Texas would be able to provide free education and a training seminar for the ADA Coordinator for the Regular Council Meeting April 9, 2012 Page 3 City of Paris. Mr. McGreal answered questions from the City Council with regard to the ADA Coordinator. 9. Deliberate on presentation of FY 2010 -2011 audit report. 1 o 5 Gene Anderson explained that Section 35 of the City Charter charges the Council with selecting a qualified public accountant to conduct an independent audit of the City's financial records and that Section 69(4) of the City Charter directs the finance director to prepare a complete financial report as of the end of each fiscal year. Mr. Anderson presented the report and said that the requirements had been met. He introduced Tom Hensel from McClanahan and Holmes, who gave a summary of the report. 10. Report by Hayter Engineering on the Engineering Feasibility Report for Pat Mayse Lake Raw Water Pump Station. Mr. Anderson said last August the City Council authorized an engineering study to evaluate the feasibility of upgrading the raw water pump station at Pat Mayse Lake to address current and future needs. He introduced Mike Tibbets from Hayter Engineering, who presented the findings to Council. Mr. Tibbets told the Council that currently not all four pumps could be operated at one time, that the pumps were around fifty years old and had been reburished one time. Council discussed cost of replacing the pumps and costs to dredge. Mr. Tibbets answered questions from Council and said the options depended on whether or not the City wanted to be aggressive about attracting industry. He recommended that the City should at least implement option one, which includes re -use of existing pumps, two -400HP pumps and two -250HP pumps; that pumps would be on time delays to prevent more than one motor being in the start mode at one time; that pump sequencing would allow all existing pumps to be able to run at one time, the service voltage to the pump station would be 480/277V, three phase, 4 wire; motor starters would remain as existing; and emergency power costs from the local electric utility would be included in the estimated costs of the new plant equipment. 11. Deliberate on handbill distributor permitting process by Mayor Hashmi. Mayor Hashmi said that he wanted to inform everyone of the current ordinance that requires people running for office to get a city permit prior to distributing cards or door hangars. Mayor Hashmi asked the City Clerk Janice Ellis if there was a fee, to which she responded there was an application fee of $25.00 per Jeanna Scott of Community Development. Council Member Pickle said he did not think that the Girls Scouts and Boy Scouts should have to pay a permit fee, but only register with the City. City Engineer Shawn Napier said he did not believe there was a fee for "information only" handbills. Mr. Napier said there was a registration statement that must be completed and that originally it was set up through the City Manager's office, but that his office now maintained it. City Attorney Kent McIlyar said his opinion was that the door knockers for political campaigns should fall under the information only section, because information only was being distributed about political candidates. Shawn Napier said he would speak with Jeanna Scott to get clarification, because the ordinance states if you are doing handbills door to door other than information only, you pay $25.00. Mr. Napier said if 1506 Regular Council Meeting April 9, 2012 Page 4 you are distributing information only, there was no fee according to the ordinance. City Staff agreed they would meet, make a decision as to how to handle these permits and/or registrations and inform City Council. 12. Update on permitting process by Mayor Hashmi; and deliberate on variance commissioner. Mayor Hashmi said that Council Member Grossnickle was going to address this item. Council Member Grossnickle said in response to complaints about the City's permitting process, that three meetings had been held at the District Office. He said some of the people were very happy with the permitting process and claim they had no problems whatsoever. Council Member Grossnickle said that several others felt staff was unfriendly, citing the bullet proof glass. Council Member Grossnickle said that Mayor Hashmi had addressed that complaint, in that part of the glass had been removed. He said another issue was the gas needing to be checked by a plumber if the gas had been turned off for more than thirty days. He said that Mayor Hashmi extended that at least on a temporary basis to ninety days. Council Member Grossnickle also said that improvements had been made to the sign ordinance and that they were continuing to hold the meetings. With regard to a variance commissioner, Mayor Hashmi said his thoughts were to possibly ask for a volunteer from the Planning and Zoning Commission to act as a variance commissioner. He said he would like to get input from City Council and City Staff on this ideal. He went on to explain that maybe having a commissioner would speed up the process for people wanting to build or remodel in the City. Mayor Hashmi said this would be only for minor requests in nature. Mayor Hashmi asked for input from Council. Council Member Grossnickle said he thought it was a good suggestion, but would like to meet with the City Attorney to determine if there were legal issues. Council Members McCarthy, Avila and Wright said they would like to further study this suggestion. Council Member Pickle said during the Fire and Building Code Committee, this item was discussed and the suggestion was made that the Building and Standards Commission meet on a weekly basis, so that people would not have to wait an entire month for a decision. Mayor Hashmi favored that ideal. Council Member Grossnickle said that Mr. Napier had handed him an item called the Board of Appeals and it appeared the City had a Board of Appeals that could meet at their discretion. Mayor Hashmi asked Mr. Napier if they met at a scheduled time. Mr. Napier said the Board did not currently exist, but the Building Code that was adopted allowed them to establish a Board of Appeals. Mayor Hashmi asked Mr. Napier to bring this back to Council. Council Member Pickle said he would like to get a Board established prior to making board appointments in June. City Clerk Janice Ellis asked when Council wanted the item brought back and Mayor Hashmi said he would like it brought back at the May 14`h meeting. 13. Report by Mayor Hashmi on Paris Economic Development Corporation. Prior to Mayor Hashmi's report, he explained that this report was not meant to be an insult to the PEDC Board, nor the PEDC Director. He said he wished to present this report in an effort to make improvements. He said everyone had the same goal, which was bringing industry Regular Council Meeting April 9, 2012 Page 5 to the City of Paris and retaining current industry. Mayor Hashmi's report has been attached as Exhibit "A." Mayor Hashmi asked PEDC Director Steve Gilbert for comments. Mr. Gilbert said he had only seen the report that morning and would like time to review it and come back to Council. 14. Presentation, deliberate and act upon final report of the City Council Task Force 4 �. Substandard Structures; and report on dilapidated structures. Council Member Wright gave a presentation and final report of the City Council Task Force on Substandard Structures (See Exhibit `B "). Council Member Wright said the Task Force had completed its work. Mayor Hashmi closed the Task Force and thanked the members for their service. Code Enforcement Supervisor Robert Talley said the Building and Standards Commission was back on track. Mr. Talley said the BSC Orders reflected that some structures had been repaired and some of them had been demolished. Mr. Talley said they were looking into the Task Force's recommendations by focusing more on repair instead of demolition. Mayor Hashmi inquired about the number of properties identified as dilapidated structures and how many had been corrected since the fall of the last building. Mr. Talley said five were finished. Mayor Hashmi asked how many were initially identified and Mr. Talley replied that eleven were identified in the downtown area. Mr. Talley said five were complete, three were in progress and a report was being prepared on one. Mayor Hashmi asked how many more were on the list that required correction. Mr. Talley said they had not covered the downtown area, because they had brought back unfinished business from the August meeting, but were moving forward. Mr. Talley said he would be giving another report at the May City Council meeting. Mayor Hashmi asked that item 19 be moved forward on the Agenda. A Motion to move item 19 forward was made by Council Member Pickle and seconded by Council Member Avila. Motion carried, 6 ayes — 0 nays. 19. Update and deliberate on application for disannexation filed by Terri Palmer; and provide direction to City Staff. A Motion to remove this item from the table was made by Council Member Pickle and seconded by Council Member Avila. Motion carried, 6 ayes — 0 nays. Mayor Hashmi said that Council Member Grossnickle requested to be recused from consideration of this item. A Motion to recuse Council Member Grossnickle was made by Council Member Pickle and seconded by Mayor Hashmi. Motion carried, 6 ayes — 0 nays. 1503 Regular Council Meeting April 9, 2012 Page 6 Mr. Napier said staff had been talking to the City of Reno and was still in the process of t r figuring out where their sewer lines were in relation to Ms. Palmer's property. Mr. Napier said he thought there was one across the street from Ms. Palmer on Smallwood Road. Mr. Napier said staff was looking at providing sewer to several of the residents in that area and the City of Reno was open to the ideal and expressed an interest in discussing this matter. Mr. Napier said they hoped to have an answer as soon as possible. Mayor Hashmi asked for a motion to table this item allowing Mr. Napier time to meet with the City of Reno and get additional information. A Motion to table this item was made by Council Member McCarthy and seconded by Council Member Avila. Motion carried, 5 ayes — 0 nays. A Motion to return Council Member Grossnickle to the meeting was made by Council Member McCarthy and seconded by Council Member Avila. Motion carried, 5 ayes — 0 nays. Mayor Hashmi recessed the City Council at 8:03 p.m. and reconvened the meeting at 8:07 p.m. and asked that item 20 be moved forward on the Agenda: A Motion to move item 20 forward was made by Council Member McCarthy and seconded by Council Member Avila. Motion carried, 6 ayes — 0 nays. 20. Deliberate on repairs to the Trail de Paris; and provide direction to City Staff. Public Works Director Ron Sullivan said that in January Council had given him direction to retain the services of a professional engineer to evaluate the trail and to prepare plans and specifications for the repair of the trial. Mr. Sullivan said they requested proposals from seven firms and had received two responses and based upon those responses, Staff had requested a priced proposal from Hayter Engineering. He also said that they were currently in the process of negotiating the Scope of Services and respective fee and once negotiations were completed, that he would submit the completed proposal to the City Council. Mr. Sullivan said he should have the proposal prior to the next meeting and if Council approved the proposal, Hayter Engineer would draw up the construction plans for the project and he would bring something back to the Council. Several Council Members expressed a desire to have construction plans and a contract submitted for consideration at the same time the proposal is submitted. Following discussion, it was a consensus of the Council that the proposal and contract for construction plans would not be presented together. 15. Deliberate and act on evaluation of City Council/Council Members and future plans. Due to the length of the meeting, a Motion to table this item until the next meeting was made by Mayor Hashmi and seconded by Council Member Pickle. Motion carried, 6 ayes — 0 nays. Regular Council Meeting April 9, 2012 ?.Page 7 16. Deliberate and act on RESOLUTION NO. 2012 -028: A RESOLUTION OF THE CITY 1 COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING 151 THE EXECUTION OF A CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN JOHN GODWIN AND THE CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. .-- A Motion to approve and authorize the execution of a city manager employment agreement between John Godwin and the City of Paris was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 6 ayes — 0 nays. 17. Deliberate and act on Resolutions accepting bids and awarding contracts for the purchase of roadway materials required by the Public Works Department of the City of Paris during the twelve month period beginning April 1, 2012, and authorizing the City Manager to negotiate and execute all necessary documents. A Motion to remove this item from the table was made by Council Member Pickle and seconded by Council Member Avila. Motion carried, 6 ayes — 0 nays. Mr. Sullivan reported that he had researched "piggy backing" on the State's materials contract and due to the complications of trying to use the State pricing that he was recommending that they award the contracts as bid for the fiscal year and continue to explore this option in future budget years. A Motion to consolidate all fourteen bids and award the contracts to the lowest responsible bidders was made by Council Member Grossnickle and seconded by Council Member McCarthy. Motion carried, 6 ayes — 0 nays. RESOLUTION NO. 2012 -029: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF HOT MIX COLD LAID ASPHALT, TYPE "A" (COARSE BASE) MATERIALS TO R.K. HALL IN THE AMOUNT OF $58.50 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS, MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. RESOLUTION NO. 2012 -030: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF AGGREGATE COVER STONE (TYPE B, GRADE 4, UNCOATED) TO MARTIN MARIETTA MATERIALS IN THE AMOUNT OF $21.03 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 15-1 Regular Council Meeting April 9, 2012 Page 8 RESOLUTION NO. 2012 -031: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF AGGREGATE COVER STONE (TYPE B, GRADE 5, UNCOATED) TO SCS MATERIALS IN THE AMOUNT OF $22.35 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. RESOLUTION NO. 2012 -032: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF AGGREGATE COVER STONE (TYPE B, GRADE 5, COATED) TO MARTIN MARIETTA MATERIALS IN THE AMOUNT OF $43.03 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. RESOLUTION NO. 2012 -033: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF HOT MIX COLD LAID ASPHALT, TYPE "B" (FINE BASE) MATERIALS TO R.K. HALL IN THE AMOUNT OF $56.25 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. RESOLUTION NO. 2012 -034: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING THE BID FOR THE PURCHASE OF CRS -2 EMULSION ASPHALT FROM ERGON ASPHALT & EMULSIONS IN THE AMOUNT OF $2.4026 PER GALLON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. RESOLUTION NO. 2012 -035: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF HOT MIX COLD LAID ASPHALT, TYPE "D" (FINE MIX) MATERIALS TO RICHARD DRAKE CONSTRUCTION IN THE AMOUNT OF $55.70 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. RESOLUTION NO. 2012 -036: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF FLEXIBLE BASE MATERIAL (RED ROCK) TO MARTIN MARIETTA MATERIALS IN THE AMOUNT OF $11.03 PER TON, Regular Council Meeting April 9, 2012 Page 9 FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; 151 MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. RESOLUTION NO. 2012 -037: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF FLEXIBLE BASE -MATERIAL (WHITE ROCK) TO RICHARD DRAKE CONSTRUCTION IN THE AMOUNT OF $11.60 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. RESOLUTION NO. 2012 -038: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING THE BID FOR THE PURCHASE OF SS -1 EMULSION ASPHALT (TACK OIL) FROM ERGON ASPHALT & EMULSIONS IN THE AMOUNT OF $2.4026 PER GALLON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. RESOLUTION NO. 2012 -039: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT TO COSTON & SON READY MIX FO THE PURCHASE OF PORTLAND CEMENT CONCRETE IN THE AMOUNT OF $84.00 PER CUBIC YARD FOR CLASS "A" (5SACK), $89.00 PER CUBIC YARD FOR CLASS "C" (6 SACK), $84.00 PER CUBIC YARD FOR PORTLAND CEMENT GROUT (5 SACK), AND $89.00 PER CUBIC YARD FOR PORTLAND CEMENT GROUT (6 SACK), FOR USE IN THE PUBLIC WORKS DEPARTMENT FO THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. RESOLUTION NO. 2012 -040: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE PURCHASE OF SAND TO KROGMAN SAND & GRAVEL IN THE AMOUNT OF $9.50 PER TON, FOR USE IN THE PUBLIC WORKS DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 18. Deliberate and act on RESOLUTION NO. 2012 -041: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BY AND BETWEEN ESSENT PRMC, L.P. D/B /A PARIS REGIONAL MEDICAL CENTER FOR EMS ASSISTIVE SERVICES; AUTHORIZING ITS EXECUTION BY THE INTERIM CITY MANAGER; MAKING Regular Council Meeting April 9, 2012 1 Page 10 OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. EMS Director Kent Klinkerman explained that PRMC had requested an update to an agreement that has been in effect since 1984. In summary, Mr. Klinkerman said that hospital wanted language to reflect current medical and legal issues. A Motion to approve this item was made by Council Member Pickle and seconded by Mayor Hashmi. Motion carried, 6 ayes — 0 nays. 21. Update on the Roger Stipland ditch drainage problem; and provide direction to City Staff. Mr. Napier told the Council since the last meeting, staff had surveyed the roadway and the finished floor elevation of the Mr. Stripland's house, as well as several other houses in the area. He said highest points along the curve were lower than Mr. Stripland's finished floor elevation, which meant that for the majority of all storms would result only in a standing water problem. Mr. Napier also said that a plan was being developed to fill in the low area of the curve that holds water and with that plan; the standing water problem would be diminished. He stated the work would be performed by the City's Street Department. Mayor Hashmi said direction was not necessary on this item. 22. Deliberate and provide direction to City Staff on amending Chapter 3 Section 3 -5(c) of the City of Paris Code of Ordinances to allow for the sale of Texas Wine at Market Square, Farmers Market during the market season. In an effort to develop interest, variety of selection and new vendors, Main Street Director Cheri Bedford asked City Council to consider amending the current ordinance to allow the sale of Texas wine at the Market Square Farmers Market during the market season beginning May 1 and ending October 31. Mrs. Bedford said Texas Wine was considered by the Texas Department of Agriculture to be an agricultural product and there were several cities who were currently allowing wineries to sell at their markets. A Motion to amend the ordinance to allow for the sale of wine at the Farmers Market was made by Council Member Pickle and seconded by Council Member Grossnickle. Motion carried, 6 ayes — 0 nays. 23. Deliberate and act on clean-up and maintenance projects for the City of Paris. Due to the length of the meeting, Mayor Hashmi said he would like to table this item until the next meeting. A Motion to table this item was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 6 ayes — 0 nays. 24. Update on the renovation of the old council chambers; update on park maintenance and mowing; and update on replacement of cameras and switcher in the council chambers. Regular Council Meeting April 9, 2012 ? Page X11 Gene Anderson said the current year's budget had $15,000 for replacement cameras for 15-143 the Council Chambers, but a problem had developed with the switcher and it needed to be replaced, which could cost as much as an additional $22,000. Mr. Anderson said he wanted to keep them informed. Mr. Anderson said renovation of the old Council Chambers was continuing and to date the room had been gutted, the drop ceiling removed, air/heat conduit relocated above the tin ceiling and electrical boxes placed for the new lighting. Mr. Anderson said the HPC was r requiring historically accurate replacement windows for the next phase and the window would cost approximately $25,000 plus an installation cost of approximately $8,000. He also said the City crews performed numerous special cleanup projects focusing first on the main entry ways to the City and from there other problem areas. Mr. Anderson told the Council the current budget of $28,000 had been exceeded with the spring and summer mowing season arriving and that the Council should expect an over expenditure in contract labor line item in order for the City to perform necessary work. Council Member Pickle inquired about the possibility of videotaping all board meetings. Mr. Anderson said it would be expensive, but maybe in the alternative a staff person could be trained to operate the system. 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: Eric Clifford vs. The City of Paris, Cause No. 81385, County Court at Law, Lamar County, Texas. Council Member Pickle said he would like to have the discussion in open session, because a public official had sued another public entity. Several Council Members inquired if they could do that. Mr. McIlyar told Council that they could if they wanted to do so, and that he would give them a short briefing on the lawsuit. Following the briefing, Mr. Mcllyar said the lawsuit was referred to TML Risk Pool and they assigned it to one of their contract attorneys. 26. Reconvene into Open Session. This item was not needed, because Council did not convene into Executive Session. 27. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. Mayor Hashmi asked that the permitting meeting be posted in case a quorum of the City Council attends the meeting. He said the meeting was Friday, April 13tH 28. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Grossnickle. Motion carried, 6 ayes — 0 nays. The meeting was adjourned at 8:55 p.m. 1514 J NICE ELLIS, CI CLERK Regular Council Meeting April 9, 2012 12 0. 0 V 0 C: 0 U W i i 0 0 L U ZOM 1315 s L 0 N M a) a� V 4� X O O E m V O O O V O 0 c� N .O O L O V E 0- O CU X 1 21, a� O tv0 ca .V V Q. to O CU c� O1 on 4-- O V Q O O Q. 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U) .� o 4- Q, CL O � -C i�0 to o c U c� 0 U 0 C4- LL O O O s.. E — SOO ct cl) 0�cn �.. CD ((S O O �000 Cn O 0 L X000 cu OcniO �E00 Q�L.O- cu U 0c�c -tU .— (D � .. cn .v ��Ov E � ml -_m _ ��f000 O �.cn -0 c �c�a)c04- � u.iCL oo °o, V 0 � � C: Ca tO -0 �+�- O cu -0 >%0.0 O �O - . 0�OVcu cu -0 cU °o' >a) ._ ._ O LL to N +, :,= to N � L- 0.,-0 (n 0 .,, -0CU 0 cu a) Q (D -- lL O.OJCU J = N O . CUVL-O�(D 0O 0 :)c 15442 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS April 23, 2012 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, April 23, 2012, at the City Council Chamber, 107 E. -Kaufinan, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Joe McCarthy; Robert Avila; John Wright; Richard - Grossnickle; Matt Frierson; and Edwin Pickle City Staff Gene Anderson, Interim City Manager/Finance Director; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Shawn Napier, City Engineer; Bob Hundley, Police Chief, Ronnie Grooms, Fire Chief; Ron Sullivan, Public Works 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. Tambarla Savage gave the invocation through song. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. 4. Citizens' forum. Patsy Carcuffe, 315 York Street — she said she had previously reported a drainage problem and asked for follow -up on the problem. Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Chief Hundley answered questions from Council Member McCarthy about item 7, and Mr. Sullivan answered questions about item 8. Mayor Hashmi referred Shannon Barrentine to the PEDC minutes on page 45 and asked about "plenty of opportunities" and what type of cooperation from the City was PEDC referencing. Ms. Barrentine said she was not at liberty to discuss the opportunities, but the cooperation referenced Regular Council Meeting April 23, 2012 , Page 2 was about tax abatements. A Motion to approve the Consent Agenda was made by Council Member Pickle and seconded by Council Member Avila. Motion carried, 7 ayes — 0 nays. 5. Deliberate and act on the approval of minutes from the meeting on April 9, 2012. 14543 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Planning & Zoning minutes (3 -5 -2012) b. Paris Economic Development Corporation (3 -6 -2012) c. Paris Historic Preservation Commission (3 -14 -2012) 7. Deliberate on March monthly financial report. 8. Deliberate on March drainage ditch maintenance report. 9. Deliberate on dilapidated structure report. RegaW Agenda 10. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2012-011: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND ADOPTING REVISIONS TO THE FUTURE LAND USE PLAN MAP FOR THE CITY OF PARIS AS IT PERTAINS TO LOT 3, CITY BLOCK 203, CITY OF PARIS, LAMAR COUNTY, TEXAS, LOCATED AT 2419 BONHAM STREET, PARIS, TEXAS, FROM RETAIL DISTRICT TO MODERATE - DENSITY RESIDENTIAL USE MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. Property owner Alvin Atwood spoke in support of this item. Mayor Hashmi asked for anyone wishing to speak in opposition to this item, to please come forward. With no one else speaking, Mayor Hashmi closed the public hearing. City Engineer Shawn Napier said that future land use plan map required an amendment for any zoning changes that did not comply with the recommended use as shown on the map. Mr. Napier said that Mr. Atwood requested that the zoning be changed from a one - family dwelling district to a two - family dwelling district, so that he could renovate an existing structure located at the back of the property to be utilized as an apartment. A Motion to invoke the super majority rule was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. Regular Council Meeting April 23, 2012 Page 3 A Motion to approve and adopt revisions to the future land use plan map was made by Council Member McCarthy and seconded by Council Member Frierson. Motion carried, 7 ayes - 0 nays. 11. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2012-012: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE PARTS OF LOT 3 BLOCK 203, CITY OF PARIS, LAMAR COUNTY, TEXAS LOCATED AT 2419 BONHAM STREET, FROM A ONE - FAMILY DWELLING DISTRICT (SF -1) TO A TWO - FAMILY DWELLING DISTRICT (SF -2) 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. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. No one spoke in support of this item. Mayor Hashmi asked for anyone wishing to speak in opposition to this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. A Motion to invoke the super majority rule was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. A Motion to approve the zoning change from a One - Family Dwelling District to a Two - Family Dwelling District was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 12. Public hearing, deliberate and act on RESOLUTION NO. 2012 -042: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE APPLICATION FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM; AUTHORIZING AN INTERLOCAL AGREEMENT WITH LAMAR COUNTY; AUTHORIZING THE EXPENDITURE OF FUNDS; ACCEPTING SAID GRANT AWARD UPON NOTICE THEREOF; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; 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 of this item, to please come forward. No one spoke in support of this item. Mayor Hashmi asked for anyone wishing to speak in opposition to this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. Regular Council Meeting April 23, 2012 Page 4 Chief Hundley told the Council that this was the annual JAG equipment grant, which was divided between the police department and sheriff's office. He said the grant amount was $12,069 and that the City was the grant administrator. 1545 A Motion to authorize the grant application was made by Council Member Frierson and seconded by Council Member Pickle Motion carried, 7 ayes — 0 nays. 13. First reading, deliberate and possibly act on ORDINANCE NO. 2012 -013: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; AMENDING SECTION 3 -5, CHAPTER 3 ALCOHOLIC BEVERAGES OF THE CODE OF ORDINANCES OF THE CITY OF PARIS TO ALLOW FOR WINE TASTING, SAMPLING AND SALES AT THE MARKET SQUARE FARMERS MARKET, 401 S.W. 1sT STREET SE, PARIS, TEXAS WITH APPROPRIATE TABC PERMITS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Main Street Director Cheri Bedford said at the last Council meeting, she asked Council for direction on amending the current ordinance to allow for the sale of wine at the Farmers Market and Council asked that an amendment be brought back for consideration. A Motion to approve the amendment of Section 3 -5 of the Code of Ordinances to allow wine tasting, sampling and sale at the Farmers Market was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. Acknowledging the super majority rule was not invoked; a Motion to bring this item lick was made by Council Member Pickle and seconded by Council Member Grossnickle. A Motion to invoke the super majority rule was made by Council Member Grossnickle and seconded by Council McCarthy. Motion carried. This item was approved as stated in the Motion. 14. Deliberate and possibly act on RESOLUTION NO. 2012 -043: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING AN APPLICATION FOR AN AUTOMOBILE BURGLARY & THEFT PREVENTION GRANT FOR CONTINUATION OF OUR AUTO THEFT GRANT FOR CONTINUATION OF OUR AUTO THEFT TASK FORCE THE TOTAL OF THE GRANT IS EXPECTED TO BE $309,323.00 WITH A CASH MATCH FROM THE CITY AND THE COUNTY TOTALING $74,042.00; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 15- 46 Regular Council Meeting April 23, 2012 Page 5 A Motion to approve the application for an Automobile Burglary and Theft Prevention Grant was made by Council Member Grossnickle and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 15. Update and deliberate on sidewalk repairs. ` Council Member Pickle gave a presentation on ,the current condition of sidewalks, completion of sidewalk projects and upcoming sidewalk projects. Council Member Pickle pointed out that the utilities were being placed underground with these projects, which eliminated utility poles on sidewalks. He said there was still a lot of work to be done, progress was being made and that everyone must continue to focus on these projects. He said much of the projects had been accomplished through grant money and referenced the Texas Capital Fund Sidewalk Project. Council Member Pickle also proposed that during the budget process the Council address infrastructure issues, specifically where the sidewalks had already been replaced. He said they were,trying to make downtown more accessible and he would like to be able to budget one million dollars every year for these projects, and apply for grants as well. It was a consensus of City Council to continue working on the sidewalk project. Council Member McCarthy said he would like to see the projects extended into the neighborhoods. Council Member Pickle said the Safe Route to School Grant was in the process and if approved, that grant could help with sidewalks. 16. Update and deliberate on Americans with Disabilities "ADA" Act Coordinator for the City of Paris. Gene Anderson said that the City intended to designate an ADA coordinator citing it was not feasible or necessary to add a new full -time employee to accomplish this goal. He said that evaluation was ongoing as to whether or not to add the responsibility to a single employee or split the duties between two employees. Mr. Anderson told Council that a decision should be made by the end of the month. 17. Deliberate and act on RESOLUTION NO. 2012 -044: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AN AMENDMENT TO THE PARIS ECONOMIC DEVELOPMENT CORPORATION BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2011, TO SEPTEMBER 30, 2012 TO MATCH EXPENSE LINE ITEMS WITH THEIR 2012 -2014 BUSINESS PLAN. THE TOTAL BUDGET DOES NOT CHANGE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Gene Anderson said that the PEDC Board was requesting that their 2011 -12 budget be amended so that expense line items match their 2012 -14 business plan and that the total budget would not change. Mr. Anderson said that City Staff recommended approval. A Motion to approve the amendment was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. Regular Council Meeting April, 23, 2012 Page 6 1540 18. Deliberate and act on RESOLUTION NO. 2012 -045: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DECLARING SUPPORT FOR THE PARIS ECONOMIC DEVELOPMENT CORPORATION'S APPLICATION TO THE UNITED STATES DEPARTMENT OF AGRICULTURE ( "USDA") AND UNITED STATES ECONOMIC DEVELOPMENT ADMINISTRATION ( "EDA ") RURAL JOBS & INNOVATION ACCELERATOR CHALLENGE FOR A GRANT IN THE AMOUNT OF $715,000. Assistant PEDC Director Shannon Barrentine said the PEDC was seeking support from the Paris City Council for the Paris EDC's application to the USDA & EDA Rural Jobs & Innovation Accelerator Challenge Grant in the amount of $715,000. She said the fund would enable the Paris EDC and the Red River Region Business Incubator (R3bi) to form the Northeast Texas Rural Competitiveness & Innovation Cluster, fostering entrepreneurial support, spurring rural innovation and advanced manufacturing in a two- state, six - county region including Paris /Lamar County, Clarksville/Red River County, Cooper/Delta County, Bonham/Fannin County, Commerce /Hunt County and Hugo /Choctaw County in Oklahoma. Fred Green from the Incubator answered questions from Council. A Motion to approve the Resolution declaring support for the PEDC's application to the U.S. Department of Agriculture and U.S. Economic Development Administration Rural Jobs and Innovation Accelerator Challenge for a grant in the amount of $715,000 was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 19. Deliberate and act on RESOLUTION NO. 2012 -046: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A NEW LEASE AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS AND CAREY EATHERLY FOR 684.8 ACRES OF LAND AT COX FIELD AIRPORT IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS; AUTHORIZING THE MAYOR TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mr. Anderson said the current pasture lease covered approximately 684.8 acres and expires May 14, 2012. Mr. Anderson further said that the land had been leased by Carey Eatherly since 1992; the proposed lease rate was $20.00 per acre; and the lease period was for twenty years with a ten year option. Mr. Eatherly proposed that the City Council approve a lease rate of $15.00 per acre and let him build fences around the boundary lines. Council Member Pickle inquired what Mr. Eatherly was currently paying and Mr. Eatherly responded $4.00 per acre. Mayor Hashmi inquired about the length of the boundary fence and the time it would take to build it. Mr. Eatherly said there was about three miles. Mr. Anderson said it would take approximately nine years to build the fence based on the difference between $15.00 and $20.00 per acre formula. x.54 F, Regular Council Meeting April 23, 2012 Page 7 A Motion to approve the lease agreement for $15.00 per acre plus $5.00 toward fencing a for a period of twenty years with a one ten year option was made by Council Member I Grossnickle and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. Gene Anderson confirmed with City Council That upon completion of the fence that the lease payment would increase to $20.00 per acre. Mr. Eatherly said he would take the receipts for the fence materials to Mr. Anderson. Mayor Hashmi recessed City Council.-at 7:04 p.m. and reconvened City Council into open session at 7:10 p.m. 20. Deliberate and act on A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING AN AGREEMENT WITH HAYTER ENGINEERING, INC., FOR A REHABILITATION STUDY AND PHASE 1 DESIGN OF THE TRAIL DE PARIS FROM 12TH STREET SE TO THE PARIS /RENO CITY LIMITS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Public Works Director Ron Sullivan said that City Staff and Hayter Engineering had negotiated a scope of services for the rehabilitation of the Trail de Paris from 12th SE to the Paris Reno city limits. Mr. Sullivan said the project would be divided into two segments. In summary, Reeves Hayter from Hayter Engineering estimated that the rehabilitation study, geotechnical study and design plan for the trail would cost approximately $85,000. He said that there were expansive soils, tree roots under the asphalt and drainage problems and then answered questions from Council. Earl Erickson told the Council that the trail was used daily by about 200 people and Brad Aldridge expressed concern that the trail could be lost if not repaired soon. Council Member Pickle suggested overlay should be started immediately and in the meantime, ask Mr. Hayter to prepare a cost estimate for drainage issues. In addition, Mayor Hashmi said he would like the worst areas of the trail taken care of first and a proposal for drainage issues brought back. It was a consensus of the City Council for City Staff to immediately repair parts of the trail that were in the worse need following with overlay. The City Council asked that Hayter Engineering bring a proposal outlining the needs for the area that was eroding near Church Street and the drainage issues. 21. Deliberate and act on evaluation of City Council /Council Members and future plans. In keeping with accountability at all levels of City Staff, Mayor Hashmi said he thought the Mayor and Council Members needed to be evaluated for their performance during the preceding year. He also said currently there was no clear mechanism in place for the process and he recommended that they start with a self evaluation process. Mayor Hashmi asked that each Council Member bring information to next meeting outlining the Council's resolutions to issues, mistakes made and plans for the future. 22. Deliberate and act on clean-up and maintenance projects for the City of Paris. Regular Council Meeting April 23, 2012 "Page 8 A Motion to remove this item from the table was made by Council Member Pickle and seconded by Council McCarthy. Motion carried, 7 ayes — 0 nays. Mayor Hashmi inquired of Mr. Sullivan about a street sweeper schedule. Mr. Sullivan presented the Council with a schedule for all of the streets in the City and said that staff would start and finish in the order outlined. 23. Deliberate and act on recommendations of the Task Force on Sub - Standard Structures. Council Member Wright presented he following recommendation made by the Task Force: adoption of a flowchart; focus on repair not demolition; review and possibly amend both the HPC and BSC Ordinances to allow HPC to refer already designated Historic Structures to BSC for repair; City Council budget monies to address engineering studies, or city repair of property; adoption of the tracking spreadsheet, prioritizing properties, tracking progress, reporting status, and posting on -line; recommend becoming a court of record or get support from an existing Court; consider funding opportunities to help property owners including tax abatement, low interest loans, increase facade grant amount for Historic District properties, designate certain areas as Empowerment Zones, local contribution fund for repairs from business; and look at utilizing money budgeted for demolition and landfill as an avenue to fund engineering studies and utilize possible contriNations from local banks via a non -profit entity and look for companies who might demolish structures for materials to help offset cost. Mayor Hashmi asked Building and Standards Commission Chairman Don Wilson if he would like to comment on this item. Mr. Wilson said he was there to ask the City Council to add to the Code of Ordinances a provision that would require the owner of a deteriorated building to hire a structural engineer if 1) the owner does not agree with the code enforcement officer's opinion that the building is unsafe; or 2) the City Staff feels unqualified to determine the salfety and soundness of the building. Mr. Wilson stated if tt e. owner refuses to secure the structural engineer, the proposed ordinance needs to give the City the authority to assess a civil penalty, as well as hire a structural engineer whose fees can be recovered by filing a lien against the property. Mayor Hasbmi confirmed that Mr. Wilson's request was not part of the Task Force recommendations. Mr. Wilson said he would like for Council to discuss this and amend ordinances to give Building and Standards Commission authority to assess a civil penalty and hire a structural engineer. Mayor Hashmi asked City Attorney Kent McIlyar if he would like to comment on this item. Mr. McIlyar explained that the City did not have authority to hire visiting judges, because that procedure was set up through State Statute. He said the Municipal Court did hear code enforcement cases and was not a court of record. Mr. McIlyar explained the difference between the City of Paris' Municipal Court and a court of record. Mr. McIlyar addressed the Paris Historic Preservation Commission and the Building and Standards Commission interaction on substandard cases. He explained if one of the properties was in the Historic District and it was substandard, the code enforcement officer would first send it to the Historic Preservation Commission for HPC to review and determine if they could do something with the building. Mr. McIlyar said he had seen a lot of these cases sent from HPC to Building and Standards for 1550 Regular Council Meeting April 23, 2012 Page 9 aefion. He said the current procedure had been on the books for approximately ten to twelve years and if Council wanted to change the procedure, City Staff would need input from the Historic Preservation Commission in more detail and suggestions of what they wanted to do different. Mr. McIlyar gave an example, such as properties that were falling in disrepair in the Historic District and if the Historic Preservation Commission wanted to start referring them out to non - profits for repairs or funding some kind of system to help repair them and keep them off of demolition track. Mayor Hashmi said a lot of time, effort and work had gone into this project and he appreciated all that those who had worked on this project. Mr. Anderson said at this point that Council needed to receive- these recommendations, because some of the items would need to be brought back as separate items and some items would need to be addressed during budget, such as Mr. Wilson's request to hire a structural engineer in certain instances. A Motion to receive the recommendations from the Task Force was made by Council Member McCarthy and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 24. Receipt and report on preclearance letter received from the Department of Justice approving the 2011 redistricting plan for the City of Paris. City Clerk Janice Ellis told Council that the Department of Justice issued a preclearance letter March 22, 2012 for the City of Paris 2011 Redistricting Plan. She said that a public notice of changes in election precincts was - published in the Paris News on April 13, 2012; April 20, 2012; and the third notice would be published April 27, 2012. Ms. Ellis also said the notice was posted on the City Hall Annex board and on the City web -site. iY 25. Convene into Executive Session pursuant to Sedion 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 conflicts with this chapter. `— Mayor Hashmi said there was nothing to be discussed in Executive Session and moved to item 27. 26. Reconvene into open session, deliberate and possibly take action on those matters discussed in Executive Session. 27. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. Nothing was referenced. Regular Council Meeting April 23, 2012 gage 10 28. Adjournment. 1551 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 8:30 p.m. . k J NICE ELLIS, CITY CLERK