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05 - COUNCIL MINUTES FROM 08/24/2015, 08/31/2015, 09/08/2015Item No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS August 24, 2015 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, August 24, 2015, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor Pro -Tern: Billie Sue Lancaster Council Members: Aaron Jenkins; Benny Plata; Steve Clifford; and Edwin Pickle City Staff: Gene Anderson, Finance Director; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Larry Wright, Fire Chief; Bob Hundley, Police Chief; Doug Harris, Utilities Director; Jerry McDaniel, Public Works Director; Kent Klinkerman, EMS Director; and Priscilla McAnally, Library Director Absent: City Council: Mayor Hashmi and Council Member Frierson Opening Agenda Call meeting to order. Mayor Pro -Tem Lancaster called the meeting to order at 5:30 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Jenkins led the pledge. 4. Citizens' Forum. Ken Higdon, Lamar County Chamber President — he expressed appreciation to the City, employees and citizens of Paris for all of their hard work at Lake Crook. Mr. Higdon said there were eighty -eight drag boat racers this weekend and thousands of spectators. Michael Glatfelter — he said he had in his hand a lawsuit against PJC and also said as tax payers, the citizens contribute to PJC. Mr. Glatfelter encouraged the City Council to send a liaison to PJC's board meetings citing the City was not represented at their meetings. Regular Council Meeting August 24, 2015 Page 2 Bill Bell, 2054 Cleveland — he said two weeks ago the city manager said that taxes were not going to be increased, but the newspaper reported City Council was going to consider a tax increase of 1 %, and it was on the agenda tonight. He said $3,000 a year, $57.00 a week was not going to keep anyone in Paris. He also said he had been at his job for two years and had not received a raise. Mr. Bell said the citizens did not need a property tax increase. Consent Agenda Mayor Pro -Tern Lancaster 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 Clifford and seconded by Council Member Jenkins. Motion carried, 5 ayes — 0 nays. 5. Approve minutes from the meeting on August 10, 2015. 6. Receive reports and/or minutes from the following boards, commissions, and committees: a. Main Street Advisory Board (7 -14 -2015) b. Paris Economic Development Corporation (7 -7 -2015, 7 -14 -2015, & 7 -28 -2015) c. Building and Standards Commission (7 -21 -2015) 7. Receive July monthly financial report. 8. Receive July drainage report. 9. Receive demolition report. 10. Receive code enforcement activity report. 11. Approve RESOLUTION NO. 2015 -032: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT WITH NORTH LAMAR INDEPENDENT SCHOOL DISTRICT FOR PROVISION OF SCHOOL RESOURCE OFFICER SERVICES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Regular Agenda 12. Conduct the first public hearing on an Ordinance Disannexing 566.58 acres of land from an area located North and South of FM 1508 /Airport Road in the City of Paris, Lamar County, Texas. Regular Council Meeting August 24, 2015 Page 3 Mayor Pro -Tern Lancaster opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Pro -Tern Lancaster closed the public hearing. 13. Discuss the junk vehicle ordinance. Council Member Plata said he had placed this item on the agenda, because he was contacted by a man who was working on his 1969 Chevrolet Malibu under his carport, and received a ten day notice from code enforcement that he must move it. Council Member Plata said he was told that old antique vehicles or collector cars were protected from code enforcement. He referred to the inapplicability section with regard to screening from view and asked if anyone had a problem with amending the ordinance to include an antique car or collector car would be screened from view if it had an appropriate car cover on it and even if it was under a carport. Council Members did not indicate a problem with amending the ordinance and Mayor Pro -Tern Lancaster said it would be placed on the next agenda. 14. Discuss and possibly act on information received about the contract specifications for TWDB Phase I Water Replacement System and work performed. Mayor Pro -Tem Lancaster said this was her item and she was waiting on one or two disks of information for the city manager and he was out tonight. A Motion to table this item to the next meeting was made by Mayor Pro -Tem Lancaster and seconded by Council Member Clifford. Motion carried, 5 ayes — 0 nays. 15. Accept the bid and award a contract to Richard Drake Construction in the amount of $259,049.60 for rehabilitation of the Trail de Paris. Public Works Director Jerry McDaniel said the Council approved to go forward with a budget of $250,000 and this project was bid in June or July. He said the bids came in over budget, so staff rebid the project. Mr. McDaniel explained the base bid was $317,379.20 and if they take out alternate DA3 in the amount of $58,329.60, it would decrease the contract to $259,049.60. Through additional negotiations on the blending and mixing of the cement stabilization, Drake Construction dropped the price by $11,339 resulting in a total contract amount of $247,710.60. Mr. McDaniel recommended moving forward and said that the City side of the work could begin tomorrow if approved. Mayor Pro -Tem Lancaster asked about the duration of the project and Mr. McDaniel estimated two months. Council Member Plata wanted to know if the base would be built up enough so that it would be more stable. Mr. McDaniel answered in the affirmative and stated there would be a 6 inch stabilization placed on the existing trail. He also reminded Council that 3 inches of base rock was taken out, because the cost was $58,000. Mr. McDaniel explained that the base rock would probably extend the life of the trail by an additional four years and that staff was trying hold the cost down and at the same time do a good job. Council Member Clifford inquired how long this would last and Mr. McDaniel said eight to ten years. Regular Council Meeting August 24, 2015 Page 4 A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Plata. Motion carried, 5 ayes — 0 nays. 16. Discuss the 2015 -2016 budget for the City of Paris, and act on RESOLUTION NO. 2015- 033: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CALLING A PUBLIC HEARING FOR SEPTEMBER 8, 2015 ON THE CITY MANAGER'S PROPOSED BUDGET FOR FISCAL YEAR 2015 -2016. Finance Director Gene Anderson explained the purpose of this item was to schedule the public hearing on the City Manager's proposed budget as required by the Charter and State Law. Mr. Anderson said that there was a special meeting scheduled for August 31St to discuss any changes in the budget. Mayor Pro -Tern Lancaster confirmed with Mr. Anderson this was to discuss the budget and not approve it. Council Member Pickle inquired if they would be able to make changes to the budget on August 31 and Mr. Anderson answered in the affirmative. Council Member Plata inquired the amount of tax rate included in the proposed budget. Mr. Anderson told him it was $0.50195, which is the same rate as current. Mr. Anderson said when they got to item 17 he would make a comment as to what the City Manager would like to see prior to Council voting on the hearings on the tax rate. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Clifford. Motion carried, 5 ayes — 0 nays. 17. Discuss and act on RESOLUTION NO. 2015 -034: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CALLING TWO PUBLIC HEARINGS TO RECEIVE PUBLIC COMMENT ON THE CITY'S PROPOSED PROPERTY TAX RATE FOR FISCAL YEAR 2015 -2016. Mr. Anderson said State Law requires a notice be published regarding the tax rate which reflects the proposed tax rate, the preceding year's tax rate, the effective tax rate and the rollback tax rate. He also said that two public hearings needed to be scheduled for September 8 and September 14. Referencing the City Manager's memo to Council, Mr. Anderson said Mr. Godwin would like to see this notice published with a proposed rate of $0.51195 which was a one cent increase from the current rate. Mr. Anderson explained if they publish with the one cent increase the rate could be lowered at the August 31 meeting, but if they publish it at $0.50195 it could not be increased at the August 31 meeting because there would not be enough time to publish and meet State Law. Mr. Anderson said Mr. Godwin would like to publish this notice at $0.51195 and if that is not Council wants to do after the August 31 meeting, they could lower it back down to the current rate. He explained that this was not obligating City Council to adopt a one cent tax rate increase, but just made it possible should they want to do so. Council Member Pickle said he did not have a problem with posting it, but had some adjustments they could discuss next week which would result in keeping the current tax rate. Council Member Clifford inquired as to what kind of increase in revenue would a tax rate $0.51195 generate and Mr. Anderson estimated about $150,000. Regular Council Meeting August 24, 2015 Page 5 A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Jenkins. Motion carried, 5 ayes — 0 nays. 18. Second reading and discuss 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, delivery, 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 the 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. 19. 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: JS Baking, LLC (Skinner Bakery) Tax Abatement Agreement. Mayor Pro -Tem Lancaster convened City Council into executive session at 6:04 p.m. 20. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Pro -Tem Lancaster convened City Council into open session at 6:04 and said there was no action to be taken at this time. She further said Council was going to address the situation at their next meeting. 21. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. Mayor Pro -Tem Lancaster said if she could get the additional information, she wanted to place the TWDB Phase I Water Replacement System item on the next meeting. Council Member Plata inquired if the three evaluations were going to be on the next meeting and Mayor Pro-Tern Lancaster said they would be on the next regularly scheduled City Council meeting. 22. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Mayor Pro -Tem Lancaster. Motion carried, 5 ayes — 0 nays. The meeting was adjourned at 6:05 p.m. Regular Council Meeting August 24, 2015 Page 6 BILLIE SUE LANCASTER, MAYOR PRO -TEM JANICE ELLIS, CITY CLERK MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS August 31, 2015 The City Council of the City of Paris met for a special session at 5:30 p.m. on Monday, August 31, 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; Doug Harris, Utilities Director; Jerry McDaniel, Public Works Director; Ken Klinkerman, EMS Director; Priscilla McAnally, Library Director; and Tom Hunt, Municipal Judge Opening Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Conduct the second public hearing on an Ordinance Disannexing 566.58 acres of land from an area located North and South of FM 1508 /Airport Road in the City of Paris, Lamar County, Texas. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support or opposition to this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. 3. Third and final reading, discuss and act on ORDINANCE NO. 2015 -020: AN ORDINANCE OF THE CITY OF PARIS, TEXAS, GRANTING TO ATMOS ENERGY CORPORATION, A TEXAS AND VIRIGINIA 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, DELIVERY, 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 THE FRANCHISE; PROVIDING THAT THE MEETING AT Special Council Meeting August 31, 2015 Page 2 WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC; PROVIDING FOR SEVERABILITY; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF. A Motion to approve this item was made by Council Member Clifford and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 4. Receive presentations from engineering firms on available inspection services for the Bond Infrastructure Projects, discuss and act. City Council heard presentations from Mike Burns and Rick Leppert from KSA; Tim Weight and Corey Hogue from Lochner; Jerry Martin from Building Code Consulting Services; and Lee Swaim and Ron Remmer from Bureau Veritas. Each of the firms answered questions from City Council with regard to performing future inspections on the bond project, as well as inspecting previous work done on the bond project. After hearing presentations, the City Council discussed the presentations and asked for the opinion of City Manager John Godwin. Mr. Godwin said he preferred either KSA or Lochner, because the other two firms were not as experienced with infrastructure inspections but had more experience with building inspections. Mayor Hashmi said he preferred Lochner because they had done more research, and the last time the City used KSA they did not consult with the city staff. He also said once the staff was consulted, modifications were required for the project. Council Member Pickle preferred KSA because the gentleman that would be working on this project was from Mt. Vernon, and the City could possibly save money on travel expenses. Council Member Frierson liked Council Member Pickle's logic. Council Members Clifford and Plata said they could go with either of the two firms. Council Members Jenkins and Lancaster preferred Lochner. A Motion to go with Lochner was made by Council Member Lancaster and seconded by Mayor Hashmi. Motion carried, 7 ayes — 0 nays. A Motion to authorize the City Manager to negotiate with Lochner and bring something back to the Council was made by Mayor Hashmi and seconded by Council Member Jenkins. Motion carried, 7 ayes — 0 nays. Discuss City Manager's proposed budget for fiscal year 2015 -2016 and provide direction to staff. Council Member Frierson said he felt they should address compensation in the police and fire departments. Council Member Clifford said he noticed that over a million dollars in tax delinquent property was due to the City and it was estimated that the City was only going to collect about 10% of that. He asked if that was typical. Mr. Godwin said it was typical and Paris' collection rate was higher than the State average. Council Member Clifford questioned the travel expenses and Mr. Godwin explained those expenses were usually for specific training Special Council Meeting August 31, 2015 Page 3 or attendance at professional conferences. Council Member Plata asked if police department employees that got raises last year would receive a raise again this year. Mr. Godwin said if a police officer received the step 8 increase last year and if Council approved an increase for the police department this year, they would be getting it. Mr. Godwin said the police officers were underpaid for what they do. Mr. Godwin also said this was the first time in twenty -nine years that he had asked a Council for a tax increase. Council Member Plata said he was uncomfortable in giving a raise to some employees and not all of the employees. Council Member Lancaster wanted to know how much was budgeted for housing demolition and Mr. Anderson said it was $60,000. Council Member Lancaster said there were a lot more houses that needed to be torn down. Council Member Lancaster favored raises for the police officers. Mayor Hashmi expressed appreciation to Mr. Anderson for keeping the City in the black. Mayor Hashmi said he opposed a tax increase and he was not in favor of a COLA because he did not feel the City could afford it this year. He also said he favored a $3,000 a year increase for police officers and the EMT step increase. Mayor Hashmi said next year they could give a raise to the fire department and all other employees. He said he was in favor of decreasing the travel expense of each department by 10 %. He also said he was opposed to committing $350,000 to Garver Engineering for the design of a new water treatment plant without hearing from other engineering firms. He said part of what Garver had presented was work that had been done by Hayter Engineering and the City had already paid for that once. Council Member Pickle said Mr. Anderson had done a great job with the budget. He said he was not comfortable with a tax increase or issuing certificates of obligations, but was fine with raises for the police and thought firefighters should get a raise too. Council Member Pickle explained how everything they wanted to do could be accomplished without raising property taxes. Council Member Frierson said he had a problem with not giving all employees a raise, because to give selected departments a raise was creating a hierarchy. He emphasized they should compromise to give raises across the board. Council Members Pickle and Plata said they supported a raise for all employees. Following additional discussion, it was a consensus of City Council to not raise property taxes; to give a $3,000 salary increase to police officers and fire fighters; to not issue certificates of obligation; to include step increase for the EMS department; and to decrease departmental travel budgets by ten percent. Mr. Godwin said with deletion of some of the items, there would be additional funds in the budget and asked if it would be okay to give that money to the other employees. Mr. Godwin emphasized all employees were important. Mayor Hashmi said he was okay with it, if the City could afford do it. It was a consensus of the City Council for Mr. Godwin to do so and to bring the revised budget back to the Council. 6. 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: JS Baking, LLC (Skinner Bakery) Tax Abatement Agreement. Special Council Meeting August 31, 2015 Page 4 • 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: a. Annual evaluation of city manager; b. Annual evaluation of municipal judge; C. Annual evaluation of city attorney. Mayor Hashmi convened City Council into executive session at 7:36 p.m. 7. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Hashmi reconvened City Council into open session at 9:15 p.m. He said they received advice from the city attorney and have given direction to city manager to collect the appropriate taxes to the Skinner Industries. 8. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Lancaster and was seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 9:15 p.m. A.J. HASHMI, MAYOR JANICE ELLIS, CITY CLERK MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 8, 2015 The City Council of the City of Paris met for a special session at 5:30 p.m. on Tuesday, September 8, 2015, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Absent: Mayor Pro -Tem: Billie Sue Lancaster Council Members: Aaron Jenkins; Benny Plata; Matt Frierson; and Edwin Pickle City Staff: Gene Anderson, Finance Director; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Larry Wright, Fire Chief; Bob Hundley, Police Chief, Doug Harris, Utilities Director; Jerry McDaniel, Public Works Director; and Kent Klinkerman, EMS Director City Council: Mayor Hashmi and Council Member Clifford 1. Call meeting to order. Mayor Pro -Tem Lancaster called the meeting to order at 5:30 p.m. 2. Conduct the first public hearing on the City's proposal to increase tax revenues from the preceding tax year and to set the tax rate for 2015. City Manager John Godwin explained the tax rate would remain the same, but because revenues were increasing a public hearing was required by law. Mayor Pro -Tem Lancaster opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Pro -Tem Lancaster closed the public hearing. 3. Conduct a public hearing on the City Manager's proposed budget for fiscal year 2015- 2016. Following instructions from the last meeting, Mr. Godwin said he was able to increase the police officers' salaries by $3,000 per year, provide step pay for firefighters to match that of the police department; add in three pay steps for the EMS and retain the 1.8% COLA for other employees. Special Council Meeting September 8, 2015 Page 2 Mayor Pro -Tern Lancaster opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Pro -Tem Lancaster closed the public hearing. 4. Discuss and act on RESOLUTION NO. 2015 -035: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CALLING A PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE CITY MANAGER'S PROPOSED BUDGET FOR FISCAL YEAR 2015 -2016; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mr. Godwin said if there were any amendments to the budget, a hearing would be conducted at the September 21 meeting. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 5 ayes — 0 nays. 5. 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, 5 ayes — 0 nays. The meeting was adjourned at 5:36 p.m. BILLIE SUE LANCASTER, MAYOR PRO -TEM JANICE ELLIS, CITY CLERK