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08/24/2015MINUTES 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. Kaufman, Paris, Texas. Present: Mayor Pro -Tem: 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 1. Call meeting to order. Mayor Pro-Tern 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 -Tem 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 1NTERLOCAL 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 -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-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 -Tem 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-Tern 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 -Tem 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-Tern 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-Tem. 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 ICE ELLIS, CITY CLERK