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06/2012r. MINUTES OF THE REGULAR CITY COUNCIL MEETING 1373 OF THE CITY OF PARIS, TEXAS June 11, 2012 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, June 11, 2012, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Aaron Jenkins; Billie Lancaster; John Wright; Richard Grossnickle; Matt Frierson; and Cleonne Drake City Staff: John Godwin, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; 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 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. Bill Flanary, 1116 Lamar Ave. attorney for Roger and Sharon Stripland, 3420 Clement Road — he asked City Council to place this issue as a separate item on a future agenda to discuss the Stripland's ongoing drainage problem and sewage bill. Don Walker, 248 -2nd S.W. — he said that volunteers from Christians in Action had been handling recycling in the City for the past eighteen years. He asked that the Council recognize the volunteers, at which time the volunteers stood and Council applauded them. Glenda, whose last name and address were inaudible — addressed the Council about crepe myrtle trees. Regular Council Meeting 1574 June 11, 2012 Page 2 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 Wright and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 5. Deliberate and act on the approval of minutes from the meeting on May 31, 2012. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Paris Visitors and Convention Council (12 -7 -2011) b. Planning and Zoning Commission (5 -7 -2012) Regular Agenda 7. Public hearing, first reading, deliberate and possibly act on ORDINANCE NO. 2012-017: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTIONS 8 -108, 8 -201 AND 12 -100 OF THE CITY'S ZONING ORDINANCE NO. 1710, AS PREVIOUSLY AMENDED, BY LIMITING THE OPERATION OF HEAD SHOPS TO HEAVY INDUSTRIAL AND LIGHT INDUSTRIAL ZONING DISTRICTS BY SPECIFIC USE PERMIT ONLY; ADDING A DEFINITION FOR HEAD SHOPS TO SECTION 8 -201 OF THE CITY ZONING ORDINANCE; AND ADDING A NEW SECTION 12 -100 (54), HEAD SHOPS, TO THE LIST OF USES REQUIRING A SPECIFIC USE PERMIT UNDER THE CITY'S ZONING ORDINANCE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Mayor Hashmi opened the public hearing and asked that anyone wishing to speak in support of this item, to please come forward. No one spoke. Mayor Hashmi asked for anyone wishing to speak in opposition of this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. City Engineer Shawn Napier said these amendments would limit the operation of head shops to Heavy Industrial and Light Industrial zoning districts by a specific use permit. Mr. Napier said the current head shops would be grandfathered until such time the business expanded or remodeled. A Motion to invoke the super majority rule was made by Council Member Frierson and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. Regular Council Meeting June 1'1,2012 Page 3 A Motion to approve the amendments was made by Council Member Frierson and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 1575 8. Deliberate and act on a variance request, Master Plat, Preliminary Plat and Final Plat for Lots 1 and 2, Block A, D & P Addition, located at 1150 Clement Road. Mr. Napier said the variance request for the construction of curb and gutter and that if the variance request was not approved, the final plat had to be denied. A Motion to approve the variance request and the plats was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 9. Deliberate and act on RESOLUTION NO. 2012 -060: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING FINAL PAYMENT OF $8,521.30 TO JB &L UTILITY CONTRACTORS FOR THE TEXAS DEPARTMENT OF RURAL AFFAIRS (TDRA) 2009 CDBG SEWER SYSTEM IMPROVEMENT PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Napier reported that the project had been completed with the sewer line being replaced between West Sherman Street and West Washington Street through the Union Pacific Railroad property. A Motion to approve this item was made by Council Member Frierson and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 10. Deliberate and act on RESOLUTION NO. 2012 -061: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING CHANGE ORDERS NO. TWO AND THREE TO THE CONTRACT BETWEEN BOBBY SMALLWOOD CONSTRUCTION CO., INC. AND THE CITY OF PARIS, TEXAS IN THE AMOUNT OF TWO HUNDRED THIRTY SEVEN THOUSAND SIX DOLLARS AND 62/100 ($237,006.62) FOR CLARKSVILLE STREET DOWNTOWN SIDEWALK PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Napier explained the reasons for the change orders. A Motion to approve this item was made by Council Member Frierson and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 11. Deliberate and act on RESOLUTION NO. 2012 -062: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING FINAL PAYMENT OF $10,359.06 TO SPANN CONCRETE CONSTRUCTION LLC FOR THE 157 Regular Council Meeting June 11, 2012 Page 4 PERISTYLE RENOVATION PROJECT IN BYWATERS PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Napier told City Council the restoration project was completed earlier in the year. A Motion to approve this item was made by Council Member Lancaster and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 12. Deliberate and act on RESOLUTION NO. 2012 -063: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DECLARING VARIOUS USED CITY - OWNED VEHICLES SURPLUS AND AUTHORIZING DISPOSITION OF THE SURPLUS PROPERTY IN ACCORDANCE WITH STATE AND LOCAL LAW; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Grossnickle and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 13. Deliberate and act, on a Resolution appointing members to the various Boards, Commissions and Committees of the City of Paris. Mayor Hashmi expressed the importance of the appointments that would be made to the Boards, Commissions and Committees. Mayor Hashmi said the selections would be made at this meeting, but that the Resolution formally setting out the appointments would be brought to the next meeting. Mayor Hashmi asked for nominations to the Airport Advisory Board. A Motion to appoint Ray Ball was made by Council Member Grossnickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. A Motion to appoint Jack Ashmore was made by Council Member Frierson and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. Mayor Hashmi asked for nominations to the Band Commission. A Motion to appoint Patsy Daniels was made by Council Member Lancaster and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. Next, Mayor Hashmi expressed his appreciation to the Board Members who had served on the Board of Health, citing their many years of service. Mayor Hashmi asked for nominations to the Board of Health. A Motion to appoint Dr. Lav Singh was made by Mayor Hashmi and seconded by Council Member Grossnickle. Motion carried, 7 ayes — 0 nays. A Motion to appoint Dr. William George was made by Mayor Hashmi and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. A Motion to appoint Dr. Keith House was made by Council Member Drake and seconded by Council Member Wright. Motion carried, 7 ayes — 0 Regular Council Meeting June 11,2012 Page 5 nays. A Motion to appoint Dr. Mark Gibbons was made by Mayor Hashmi and seconded by Council Member Grossnickle. Motion carried, 7 ayes — 0 nays. A Motion to appoint Dr. Rick Erickson was made by Council Member Grossnickle and seconded by Mayor Hashmi. Motion carried, 7 ayes — 0 nays. A Motion to appoint Kristi Martin was made by Council Member Grossnickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. Mayor Hashmi asked for nominations to the Building and Standards Commission. A Motion to appoint Chris Brown was made by Council Member Frierson and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. A Motion to appoint Wendell Moore was made by Council Member Drake and seconded by Council Member Grossnickle. Motion carried, 7 ayes — 0 nays. Mayor Hashmi asked for nominations to the Historic Preservation Commission. A Motion to appoint Douglas Cox was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. A Motion to appoint Lauri Redus was made by Mayor Hashmi and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. Mayor Hashmi asked for nominations to the Library Advisory Board. A Motion to appoint Ann Norment was made by Council Member Grossnickle and seconded by Mayor Hashmi. Motion carried, 7 ayes — 0 nays. Mayor Hashmi asked for nominations to the Traffic Commission. A Motion to appoint Ken Kohls was made by Mayor Hashmi and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. A Motion to appoint Joe McCarthy was made by Mayor Hashmi and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. A Motion to appoint Susan Hamby was made by Council Member Grossnickle and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. Mayor Hashmi asked for nominations to the Zoning Board of Adjustment. A Motion to appoint Charles Richards was made by Mayor Hashmi and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. A Motion to appoint Nathan Bell V. was made by Mayor Hashmi and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. Mayor Hashmi asked for nominations to the Planning and Zoning Board. A Motion to appoint Dennis Chalaire was made by Council Member Grossnickle and seconded by Mayor Hashmi. Motion carried, 7 ayes — 0 nays. A Motion to appoint Mike Folmar was made by Mayor Hashmi and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. Mayor Hashmi asked for nominations to the Main Street Advisory Board. A Motion to appoint Ashlea Matoon was made by Council Member Frierson and seconded by Mayor Hashmi. Motion carried, 7 ayes — 0 nays. A Motion to appoint Jill Drake was made by Council Member Grossnickle and seconded Mayor Hashmi. Motion carried, 7 ayes — 0 nays. 1578 Regular Council Meeting June 11, 2012 Page 6 Mayor Hashmi said he wanted to remind the Council that all of the Boards were `i ,iimportant. He said the purpose of PEDC was to entice new corporations to the City and to provide higher paying jobs for citizens. He also said he thought important qualifications for board members were to have contacts outside of the City and have the ability to converse with CEO's of major corporations. Mayor Hashmi asked for nominations to the PEDC Board. A Motion to appoint Toni Clem was made by Council Member Wright and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. A Motion to appoint Nathan Bell was made by Council Member Lancaster and the Motion failed for lack of a second. A Motion to appoint William Harris was made by Council Member Drake and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. Mayor Hashmi said an appointment would need to be made to Main Street, because Mr. Harris was appointed to the PEDC Board leaving a vacancy on the Main Street Board. A Motion to appoint Karie Raulston was made by Council Member Frierson and seconded by Council Member Grossnickle. Motion carried, 7 ayes — 0 nays. 14. Deliberate and act on a Resolution of the City Council of the City of Paris, Texas authorizing the City to become eligible to participate in Tax Abatement and approving Amended Guidelines and Criteria for Granting Tax Abatements in the City of Paris, Texas; making other findings and provisions related to the subject; and declaring an effective date. City Attorney Kent McIlyar said that the original guidelines were adopted in the 90's when the economic development board was set up and they had been amended over the years. Mr. McIlyar said he had provided the Amended Guidelines and Criteria for Granting Tax Abatements to the PEDC Director and the City Manager. He told Council the amendments would give Council more flexibility in evaluating and negotiating future tax agreements and that they may want to bring it back at a later meeting, giving them additional time to discuss it. City Manager John Godwin suggested they wait to vote on this item until their June 25th meeting, because PEDC was going to consider it at their meeting on June 12th. 15. Deliberate on code enforcement liens. Mayor Hashmi said this subject was related to item 14 and he wanted to table this item until the next meeting. A Motion to table this item was made by Council Member Lancaster and seconded by Council Member Jenkins. Motion carried, 7 ayes — 0 nays. 16. 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, to -wit: Ed Darnell v. Union Pacific Railroad and City of Paris, Texas; in the 6th Judicial District Court of Lamar County, Texas; Cause No. 81476. Regular Council Meeting 1une� 11, ?012 Page 7 Mayor Hashmi convened City Council into Executive Session at 6:37 p.m. 17. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Hashmi reconvened City Council into open session at 6:49 p.m. A Motion to authorize the City Attorney to enter into a contract to retain local counsel in defense of this lawsuit and was seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 18. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. Mayor Hashmi said there may be a quorum on July P for a reception. 19. 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 6:50 p.m. , 9Z tELLIS, CITY CLERK 1 8 MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS June 12, 2012 The City Council of the City of Paris met for a workshop session at 5:30 p.m. on Tuesday, June 12, 2012, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Opening Agenda A.J. Hashmi Council Members: Aaron Jenkins; Billie Lancaster; John Wright; Richard Grossnickle; Matt Frierson; and Cleonne Drake City Staff: 1. Call meeting to order. John Godwin, City Manager and Janice Ellis, City Clerk Mayor Hashmi called the meeting to order at 5:30 p.m. Regular Agenda 2. Discuss City Council and Manager roles and responsibilities. In summary, City Manager John Godwin said that it was the Council's role to set policy. Mr. Godwin said he was the CEO of the City and his role was to direct staff. He stated that communication was important and that he did want direction from the City Council as a whole. Mr. Godwin emphasized that did he not have seven bosses, but one boss and that was the City Council as one entity. Mr. Godwin informed the City Council that he had an action plan of fifty items that he wanted to accomplish within the next three months. 3. Discuss City Council goals and priorities for the 2012 -13 Budget. Mayor Hashmi inquired of City Council their goals for the 2012 -13 budget year. Council Member Wright: He said he wanted the department heads to be comprised of the best leadership; an employee audit to determine necessity of employee positions; he wanted overtime reduced; more of the engineering done in- house; eliminate presentations at Council meetings unless approved by the City Manager or if requested by a majority of the City Council; and he wanted a reduction of taxes. Special Council Meeting June 12, 2012 Page 2 Council Member Lancaster: She said she needed help in cleaning up her district; 1581 specifically with dilapidated houses, code enforcement, and infrastructure; wants to explore tax abatements and grants for senior citizens in assisting them in rehabilitating their homes; and awareness of gang activity. Council Member Grossnickle: He said he wants to establish a timeline for building a new wastewater treatment plant; continue to improve the permitting process; explore the possibility of creating a retirement community at Lake Crook; look at ways of getting more companies at the airport, such as Fed Ex; that his retail dreams were Target and Sams; he would like to see more youth activities; placing a temporary canopy over the city pool allowing for year round swimming; and in the next Charter Election propose a charter amendment increasing the percentage of people it takes to call a referendum. Council Member Drake: She said she would like for employee benefits to be reviewed because some benefits have been taken away from employees over the years; wants improved customer service; clean-up of the City; improve the permitting process; more partnerships with Scouts and School Districts to paint parks and things of that nature; review the lien process on foreclosed properties; consider town meetings if they put on the ballot trash privatization or 4A/4B; move forward with PEDC about bringing new businesses to the City; explore grants; good communication; and move away from hiring consultants. Council Member Jenkins: He said he wanted to have more youth activities; more emphasis on code enforcement, as there was a problem with high grass in his district; and more industries in the City. Council Member Frierson: He favored Mr. Godwin's ideal of a community newsletter, whether in citizen's water bills or through the local media; wants performance evaluations of employees; accountability of department heads; more business friendly toward the downtown area; some type of tax freeze on restoration of downtown buildings; stated that he knew the fire code was needed but that it put a hardship on new downtown businesses; implementation of a strategic plan to include where we are, where we want to be and how we are going to get there; and better infrastructure and code enforcement. Mayor Hashmi: He said he wanted a strategic plan that was good from Council to Council; he wants the plan to contain dates, milestones and accountability; he wants the plant to be specific on how to monitor progress; that the plan must be in -house and be agreed upon by all of the department heads and the Council; wants a quarterly report to the Council on progress of the plan; wants short and long term plans incorporated in the budget; wants the plan to be department specific, such as responsibilities and performance; wants a capital improvement project for each department and does not want funds transferred from one account to another, but instead wants to plan ahead for projects; and wants the best customer service. Mayor Hashmi: He said another item he would like if possible was a decrease in taxes by 1% per year for the next five years, but emphasized that he did not want to cut services. He said he wants to include in the next Charter Election a specific amount of money for dilapidated Special Council Meeting June 12, 2012 Page 3 structures and improvement of roads be set aside each year. Mayor Hashmi also said prior to discussing the budget he wanted to take a certain percent off the top for these types of items and do whatever was necessary to change the tax base. He also said he wanted clean-up of the City. Mr. Godwin and the Council discussed agenda packets and the web -site. Mr. Godwin said he was going to make changes to the Agenda process. Council Member Wright said he would like to get the Agenda earlier than they had received it in the past. Mayor Hashmi said he would like to be educated on the bond issues for things such as road improvement and infrastructure. Mr. Godwin said the City did not need to use a consultant for a storm water utility district as he had previously set one up. He said that he wanted to delay it until sometime between December and March. Mr. Godwin told the Council that planning was very important to the City and he would like to employ a planning director, even if on a part-time basis. He also said that he wanted to do away with the current step and grade system and give raises on a merit system. 4. Adjournment. There being no further business, a Motion to adjourn Frierson and was seconded by Council Member Grossnickle. The meeting was adjourned at 6:55 p.m. qNI*CE ELLIS, CITY CLERK was made by Council Member Motion carried, 7 ayes — 0 nays. MINUTES OF THE REGULAR CITY COUNCIL MEETING 1583 OF THE CITY OF PARIS, TEXAS June 25, 2012 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, June 25, 2012, 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; Shawn Napier, City Engineer; Bob Hundley, Police Chief; Ronnie Grooms, Fire Chief; Kent Klinkerman, EMS Director; Doug Harris, Public Utilities Director; and Priscilla McAnally, Library Director Opening Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:31 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. 4. Citizens' forum. No one spoke. 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 Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. Regular Council Meeting June 25, 2012 Page 2 5. Deliberate and act on the approval of minutes from the meetings on June 11, 2012 and June 12, 2012. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Historic Preservation Commission (5 -9 -2012, 5 -17 -2012, and 5 -23 -2012) b. Paris Economic Development Corporation (4 -26 -2012 and 5 -15 -2012) c. Paris -Lamar County Health Department (5 -22 -2012) 7. Deliberate on May monthly financial report. 8. Deliberate on May drainage ditch maintenance report. 9. Deliberate on dilapidated structure report. 10. Deliberate on possible future amendments to the City of Paris Charter. 11. Deliberate and act on RESOLUTION NO. 2012 -064: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING MEMBERS TO VARIOUS CITY OF PARIS BOARDS, COMMITTEES AND COMMISSIONS. 12. Deliberate and act on RESOLUTION NO. 2012 -065: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AND THE COMMISSIONERS COURT OF LAMAR COUNTY, TEXAS, APPOINTING MEMBERS TO THE PARIS - LAMAR COUNTY BOARD OF HEALTH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Regular Agenda Mayor Hashmi asked that items 21, 22 and 23 be moved up on the Agenda. A Motion to move items 21, 22 and 23 up on the Agenda was made by Council Member Lancaster and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 20. Paris Police Department Best Practices Recognition Award. Chief Hundley introduced Marlin Price with the Texas Police Chief s Association. Mr. Price said the Best Practices Law Enforcement Recognition Program was a voluntary process where police agencies in Texas prove their compliance with 164 Texas Law Enforcement Best Practices. Mr. Price also said this was not a rubber stamp process and that the policies were proven by documentation and interviews with officers and employees of the department. Mr. Price presented Chief Hundley with the Best Practices Recognition Award. Regular Council Meeting _ Lune 25, 2012 Page 3 158! 21. 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 conflicts with this chapter. Mayor Hashmi convened City Council into Executive Session at 5:40 p.m. 22. Reconvene into open session and possibly take action on those matters discussed in Executive Session. Mayor Hashmi convened City Council into open session at 6:14 p.m. and moved to item 13. 13. First reading, deliberate and possibly act on ORDINANCE NO. 2012 -018: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTIONS 34- 23(a), (b) AND (c), SEWER RATES, TO REFLECT CHANGES RECOMMENDED BY THE 2012 WATER AND SEWER RATE STUDY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Finance Director Gene Anderson explained the current wastewater rates were not sufficient to meet the test year budgeted revenue requirements of the City's Rate Maintenance Policy. Mr. Anderson said results of the study reflected that the City needed to increase its current retail wastewater rates by 6.3 %. A Motion to invoke the super majority rule was made by Council Member Grossnickle and seconded by Mayor Hashmi. Motion carried, 6 ayes — 1 nay, with Council Member Frierson casting the dissenting vote. A Motion to approve the increase was made by Council Member Grossnickle and seconded by Mayor Hashmi. Motion carried, 6 ayes — 1 nay, with Council Member Frierson casting the dissenting vote. 14. Deliberate and act on RESOLUTION NO. 2012 -066: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AWARDING A CONTRACT TO NCM DEMOLITION AND REMEDIATION, LP, CORPORATION FOR THE GRANT THEATER HAZARDOUS MATERIALS REMEDIATION PHASE II PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Shawn Napier answered questions from City Council related to the grant funds received and expended; the city's match amount of $40,000; future estimated costs of the project; and plans for the Theater. Mayor Hashmi asked Council Member Frierson if he would study this project and inform Council of his findings. Council Member Frierson said he would do so. 1a$V Regular Council Meeting June 25, 2012 Page 4 A Motion to approve the contract was made by Council Member Frierson and seconded by Council Member Jenkins. Motion carried, 7 ayes — 0 nays. 15. Deliberate and act on re- approval of the City of Paris' existing Tax Abatement Policy consistent with Chapter 312 of the Texas Tax Code. Mayor Hashmi said at the last meeting they discussed amended guidelines and criteria and staff asked that the item be postponed awaiting input from PEDC. City Manager John Godwin told City Council that PEDC, PJC and the County had considered amended guidelines, but were not ready to make a decision. Mr. Godwin recommended that the Council re- approve the existing Tax Abatement Policy, because it had expired. Mr. Godwin said staff would bring amended guidelines to the Council at their meeting of July 23`d. A Motion to approve the existing Tax Abatement Policy was made by Council Member Frierson and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 16. Deliberate and act on appointments to the Ark -Tex Council of Governments and Visitors & Convention Council. Mayor Hashmi said the Ark -Tex Council of Governments allowed for three representatives of the governing body to serve and historically the Mayor, Mayor Pro -Tem and one Council Member serve on the Board. A Motion to appoint Council Member Drake to the Ark -Tex Council of Governments was made by Council Member Wright and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. Mayor Hashmi said the Visitors & Convention Council allowed for the Mayor, City Manager and one Council Member to serve on the Board. A Motion to appoint Council Member Lancaster to the V &CC was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 17. Deliberate and act on appointments of City Council Liaisons to serve on Boards, Committees and Commissions. It was a consensus of the City Council to serve in Liaison positions as follows: PEDC — Council Member Frierson Airport Advisory Board — Council Member Grossnickle Band Commission — Council Member Drake Wright Paris -Lamar County Board of Health — Mayor Hashmi Regular Council Meeting June 25, 2012 Page 5 1 ,8 '? Building and Standards Commission — Council Member Lancaster and Council Member Historic Preservation Commission — Council Member Frierson Library Advisory Board — Council Member Grossnickle Traffic Commission — Council Member Jenkins Zoning Board of Adjustment — Council Member Lancaster Main Street Advisory Board — Council Member Drake 18. Deliberate on code enforcement liens. Mayor Hashmi asked for a Motion to remove this item from the table. A Motion to remove the item from the table was made by Council Member Frierson and seconded by Council Member Grossnickle. Motion carried, 7 ayes — 0 nays. Mayor Hashmi relayed his suggestions on dealing with code enforcement liens, which included program objectives of getting the properties back on the tax roll; assisting first time owners and residents of the city; tax abatements for five years on improvements for the first owner; policies for the program; and establish a process for sale of properties. Mayor Hashmi emphasized these were only his suggestions and that it would be up to the City Manager and City Attorney to bring something back to the Council and that he would work with them to develop a program or process. Council Member Frierson asked that a grievance process be put in place for potential buyers, if the decisions were going to be made on a case -by -case basis. 19. Report on asbestos abatement crew for the City of Paris. After receiving Mr. Anderson's report, Council inquired about the number of buildings in need of asbestos abatement, use of existing personnel or new employees, and liability. Mr. Godwin said he would prefer this type of work remain with the experts, but would like to know the exact costs and more details before rendering his opinion. It was a consensus of City Council for Mr. Godwin to research this matter and bring something back to them. 23. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. None were referenced. 1588 24. Adjournment. Regular Council Meeting June 25, 2012 Page 6 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. x '\ J ICE ELLIS, CITY CLERK