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05 - COUNCIL MINUTES FROM 09/14/2015 AND 09/21/2015Item No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 14, 2015 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, August 10, 2015, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Aaron Jenkins; Billie Lancaster; Benny Plata; Steve Clifford; Matt Frierson; and Edwin Pickle City Staff: John Godwin, City Manager; Gene Anderson, Finance Director; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Larry Wright, Fire Chief; Bob Hundley, Police Chief; Director; Doug Harris, Utilities Director; Jerry McDaniel, Public Works Director; Kent Klinkerman, EMS Director; Tom Hunt, Municipal Judge; 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. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Lancaster led the pledge. 4. a. Citizens' Forum. Michael Glatfelter — he said the reason for shortage of money was because the City Council ignored their responsibility to collect the funds stolen at the PEDC. He said if they would recover the funds, they could give raises without having to cut back on parks and drainage. John Carney, No Dig Tech, 7117 Merriman Parkway, Dallas Texas — he said they reviewed the bid on the 2013 bond project and noted the specifications did not include the latest in technology and materials available. He also said the cost savings using trenchless pipe bursting and open cut methodology saved the City of Round Rock over 23 %, which is exactly the same type job in Paris. Mr. Carney also said the lack of disruption would be significant in Regular Council Meeting September 14, 2015 Page 2 using pipe bursting and the pipe used would last twice as long as PVC pipe. He said he hoped that Council would review the technology and the newest material. b. Proclamation designating September 2015 as Blood Cancer Awareness Month. Mayor Hashmi read the proclamation and asked Ms. Ellis to forward it to the organization. Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. There being none, a Motion to approve the consent agenda was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 5. Approve minutes from the meetings on August 24, 2015; August 31, 2015; and September 8, 2015. 6. Receive reports and /or minutes from the following boards, commissions, and committees: a. Paris Economic Development Corporation (8 -11 -2015) b. Paris Public Library Advisory Board (7 -15 -2015) c. Paris Visitors & Convention Council (5 -7 -2015 & 7 -30 -2015) 7. Receive list of public information requests. 8. Approve ORDINANCE NO. 2015 -021: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO SANITATION SOLUTIONS, FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND /OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 9. Re- appoint Thomas E. Hunt III as Municipal Court Judge and Don Biard as Associate Municipal Court Judge for the City of Paris. 10. Accept the bid and recommendation of award for the construction of four single family homes under the City's TDHCA HOME program contract #1001776 (Phase 2). Regular Council Meeting September 14, 2015 Page 3 Regular Agenda 11. Conduct a public hearing, discuss and act on a Resolution authorizing the execution of a grant application through the Texas Department of Agriculture Texas Capital Fund Main Street Program for downtown sidewalks. City Manager John Godwin said for several years the City had applied for Texas CDBG funds to replace old downtown sidewalks and this was the annual application. He said if the City receives funds that sidewalks on 1St Street SW would be constructed in 2016. Mr. Godwin also said that action on this item needed to be delayed to the September 28 meeting pending additional information, but that a public hearing needed to be conducted because it had been advertised. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. 12. Approve the Visitors & Convention Council budget for fiscal year 2015 -16. Lamar County Chamber of Commerce executive director Ken Higdon presented the budgets for Visitors & Convention Council and the Love Civic Center. A Motion to approve both budgets (items 12 & 13) was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 13. Approve the Love Civic Center budget for fiscal year 2015 -2016. 14. Conduct the second public hearing on the City's proposal to increase tax revenues from the preceding tax year and to set the tax rate for 2015. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak for or in opposition of this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. 15. Discuss and provide direction on the City Manager's proposed budget for fiscal year 2015 -2016. Council Member Pickle read an article from the Dallas Morning News and stated that in the future the Council needed to start addressing the streets. He said he supported the budget, but they may need to increase the tax rate. Council Member Frierson said Mr. Godwin did a great job and that streets and drainage needed to be addressed in the future. Council Member Clifford agreed with Council Members Pickle and Frierson and said they needed to get a plan together to address the streets. Council Member Plata said he believed that all of the people working deserved a raise; that he did not believe the larger increase for police and fire would keep them from leaving; and that he hoped he was wrong. Council Member Jenkins applauded Regular Council Meeting September 14, 2015 Page 4 the city manager for his work on the budget. Council Member Lancaster said Mr. Godwin did a good job at weaving in their requests. She also said they needed a plan for improvement of streets and drainage. Mayor Hashmi applauded the city manager on the budget and also expressed appreciation to Gene Anderson for keeping the City on track. He said he was in agreement on needed street improvements. Mayor Hashmi said if water and sewer had not been neglected for years, the City would not be in the current situation. He said if they want street improvements, they should consider another bond and suggested Council speak with their constituents. He emphasized that costs will continue to increase over the years. Mayor Hashmi said they need to make sure that the current bond projects are all done correctly. 16. Discuss and possibly act on information received about the contract specifications for TWDB Phase I Water Replacement System and work performed. Mayor Hashmi said he would need a motion to remove this item from the table. Council Member Frierson said before they got into this, that he did not receive any information and he did not know what they were discussing. Mayor Hashmi said he had not received any information either and questioned if they wanted to delay it. Council Member Lancaster said she would prefer to delay this item, because she was receiving information almost daily and it was hard to compile it when it was coming in. She told Council Member Frierson she would like to have the information in his hands. Council Member Frierson said he was trying to follow the agenda policy they passed in March. Council Member Lancaster said that is why she wanted the item to remain tabled, so that she could provide all of the information. 17. Discuss and act on ORDINANCE NO. 2015 -022: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 19 -24, OF CHAPTER 19, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; PROVIDING AN ADDITIONAL EXCEPTION FOR ANTIQUE OR SPECIAL INTEREST VEHICLES STORED BY A MOTOR VEHICLE COLLECTOR IN A CARPORT WITH AN APPROPRIATELY FITTED CAR COVER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City Attorney Kent McIlyar said at a prior Council meeting he was requested to bring an Ordinance forward that would allow owners of antique or special interest vehicles to keep those vehicles under a carport, if the vehicle had a fitted car cover on it. A Motion to approve this item was made by Council Member Clifford and seconded by Council Member Jenkins. Motion carried, 7 ayes — 0 nays. 18. Discuss and act on RESOLUTION NO. 2015 -036: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING AND AUTHORIZING A TAX ABATEMENT AGREEMENT WITH TURNER INDUSTRIES GROUP, L.L.C.; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Regular Council Meeting September 14, 2015 Page 5 Mr. McIlyar said Turner Industries planned to build a $6,000,000.00 office building in the Reinvestment Zone and was requesting a 100% ten year tax abatement on the improvements. Mr. McIlyar said the Tax Abatement Advisory Committee had reviewed the proposal and recommended the abatement. A Motion to approve a ten year tax abatement for 100% on the improvements was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 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: Ben Glick d/b /a Tri-State Iron & Metal vs. the City of Paris. • Section 551.072 of the Texas Government Code, to deliberate the purchase, exchange, lease, or value of real property. Mayor Hashmi convened City Council into executive session at 6:19 p.m. 20. Reconvene into open session and possibly take action on those matters discussed in executive session. Mayor Hashmi reconvened City Council into open session at 6:28 p.m. Mayor Hashmi informed the public that two items were taken up in executive session, one was the lawsuit and the other was acquiring of property for the Trail de Paris so that the City does not lose the grant. A Motion for the city attorney to hire the Messer law firm to assist in the litigation was made by Mayor Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. A Motion to direct the city manager to pursue purchase of property for the Trail de Paris was made by Mayor Hashmi and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 21. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. Mr. Godwin informed everyone that Congressman Ratcliff would be in town the following day at Fire Station No. 1 for a presentation on a safety device and his staff would begin having office hours every other Tuesday between 12:00 and 1:00 p.m. at City Hall. Regular Council Meeting September 14, 2015 Page 6 22. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 6:32 p.m. A.J. HASHMI, MAYOR JANICE ELLIS, CITY CLERK MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 21, 2015 The City Council of the City of Paris met for a special session at 5:30 p.m. on Monday, September 21, 2015, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Aaron Jenkins; Billie Lancaster; Steve Clifford; Matt Frierson; and Edwin Pickle City Staff: Gene Anderson, Finance Director; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; 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: Council Member Plata 1. Call meeting to order. Mayor Pro -Tem Lancaster called the meeting to order at 5:30 p.m. 2. Conduct a public hearing on amendments to the FY 2015 -2016 budget. City Manager John Godwin said there were no amendments, so a public hearing was not necessary. 3. Discuss and act on ORDINANCE NO. 2015 -023: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO TRANSFER UNENCUMBERED FUNDS FROM VARIOUS DEPARTMENTS TO OTHER DEPARTMENTS WHICH ARE EXPECTED TO OVER - EXPEND THEIR ORIGINAL BUDGET APPROPRIATIONS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Finance Director Gene Anderson explained the purpose of this ordinance was to allow funds to be transferred from accounts that were underspent to those accounts that went over what was budgeted. He further explained this procedure was done on an annual basis, at the end of budget year. Special Council Meeting September 8, 2015 Page 2 A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 4 ayes — 0 nays. 4. Discuss and act on ORDINANCE NO. 2015 -024: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF PARIS; APPROPRIATING THE VARIOUS AMOUNTS THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve the budget was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 4 ayes — 0 nays. Mayor Hashmi arrived at 5:35 p.m. 5. Discuss and ratify the property tax increase reflected in the budget as required by Local Government Code Section 102.007(c). Mr. Anderson explained that tax revenues were increasing and ratification was required by State Statute. A Motion to approve this item was made by Council Member Pickle and seconded by Mayor Hashmi. Motion carried, 5 ayes — 0 nays. 6. Discuss and act on ORDINANCE NO. 2015 -025: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, FIXING THE TAX RATE AND THE TAX LEVY AND LEVYING AD VALOREM TAXES FOR THE CITY OF PARIS FOR THE CALENDAR YEAR 2015 UPON ALL TAXABLE PROPERTY WITHIN THE CITY OF PARIS IN CONFORMITY WITH THE CHARTER PROVISIONS AND ORDINANCES OF THE CITY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 5 ayes — 0 nays. 7. Discuss and act on proposed amendments to the Paris Economic Development Corporation's budget for fiscal year 2014 -2015. Mr. Anderson said the amendments were provided by board member Don Wilson. Special Council Meeting September 8, 2015 Page 3 A Motion to approve this item was made by Mayor Hashmi and seconded by Council Member Pickle. Motion carried, 5 ayes — 0 nays. Council Member Clifford arrived at 5:40 p.m. 8. Discuss and act on adoption of the Paris Economic Development Corporation's budget for the ensuing fiscal period beginning October 1, 2015 and ending September 30, 2016. Mayor Hashmi questioned the $100,000 incentive for Turner Pipe citing the City had just given them a tax abatement. PEDC Board Chair Richard Manning explained this was for infrastructure for the new office building. Mayor Hashmi questioned if PEDC was going to start supplementing all industries with infrastructure. PEDC Board Member Don Wilson said the incentive would help Turner pay for water lines, sewer lines, a drainage ditch and new electrical wiring. Mr. Wilson confirmed the incentive was not for jobs. Mayor Hashmi asked Mr. Manning and Mr. Wilson about ground rules or policies for this type of incentive. Mr. Wilson said under the law that PEDC could supply incentives for industry, but he could not answer what PEDC would do in the future. Mayor Hashmi said he was not opposed, but wanted to know about PEDC's guidelines and asked if they were going to follow the rules in the future. Mr. Wilson said they would follow the rules. A Motion to approve this item was made by Mayor Hashmi and seconded by Council Member Pickle. Motion carried, 6 ayes — 0 nays. 9. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Mayor Hashmi and Council Member Frierson. Motion carried, 6 ayes — 0 nays. The meeting was adjourned at 5:44 p.m. A.J. HASHMI, MAYOR JANICE ELLIS, CITY CLERK