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05 - JOHN WRIGHT RECOGNITIONItem No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS April 25, 2016 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, April 25, 2016, 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; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Carla Easton, City Engineer; Lar�` "Wright, Fire Chief; Bob Hundley, Police Cbe; Kent Klinkerman, EMS Director; Doug Harris, Utilities Director; and Jerry McDaniel, Public Works Director Opening Agenda 1. Call meeting to order. Mayor Hashmi called the meeting toorder 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. David Hamilton, _3510 Darnell — he invited everyone to participate in the "Stamp -Out Hunger" Project. Mr. Hamilton asked anyone wishing to participate to place non - perishable items in their mailbox on May 14 to be picked up by the mail carriers. b. Proclaim the month of May as Motorcycle Safety and Awareness Month. After reading the proclamation, Mayor Hashmi presented it to Mr. David Hilton. Regular Council Meeting April 25, 2016 Page 2 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 meeting on April 11, 2016. 6. Receive reports and/or minutes from the following boards, commissions, and committees: a. Historic Preservation Commission (3 -28 -2016) b. Main Street Advisory Board (3- 8- 2016) c. Planning & Zoning Commission (- -2016) 7. Receive March monthly financial report. 8. Receive March drainage report. 9. Receive demolition report and code enforcement activity reports. 10. Approve RESOLUTION NO. 2016 -013: A RESOLUTION APPROVING THE PRIVATE RE- SALE OF SIX TRACTS OF TRUSTEE TAX PROPERTIES TO MR. STEVEN LANDERS FOR $1,000.00, AND AUTHORIZING THE MAYOR TO EXECUTE DEEDS. 11. Accept the bid and award a contract in the amount of $15,000 to Municipal Development Sew }cis fflj admimstfative service.s, to the Texas Capital Fund Main Street Sidewalk Grant; and authorize the City Manager to negotiate and execute all necessary documents. 12. Approve RESOLUTION NO. 2,116 -014: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING THE SUBMISSION BY THE PARIS POLICE DEPARTMENT OF AN APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE GORVERNOR'S OFFICE FOR THE PURCHASE OF BODY WORN CAMERAS AND UPGRADED COMPUTER STORAGE FOR VIDEOS; 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. Regular Agenda 13. Receive update from the staff on inspections performed at Gene's Flea Market. Regular Council Meeting April 25, 2016 Page 3 Fire Chief Larry Wright reported that an inspection was made of the flea market located at 2810 NE Loop 286 on March 19, 2016, which involved Code Enforcement, the Fire Department, Fire Marshal, Police Department, Building Inspections, Lamar County Health Department, and the State Comptroller. He reported that a multitude of violations of the City Code were discovered, which included faulty and unsafe electrical wiring, structural degradation, unsanitary conditions of food servers, no certificates of occupancy, sale of illegal merchandise including pirated DVDs, inappropriate flow of traffic causing an undue hazard to pedestrians, unauthorized habitation of trailers and structures on the premises, no fire lanes, and no water source for fire protection. He said the State Comptroller interviewed approximately 70 individuals, who for the most part had no tax identification numbers. Chief Wright also reported this was a fact finding inspection and no citations were issued but that due to unsafe conditions of wiring, the electricity to a large majority of the property was disconnected. He said the property manager informed the vendors they could not actively sell out of the structures until the required permits were obtained and the structures were brought_,up to code. Chief Wright explained that no outside vending was affected by this order. 14e 1 further explained that the substandard structures were taken before the Building and Standards Commission for consideration of demolition on March 18 and they determined the substandard structures were beyond repair and they should be demolished. Chief Wright said the remaining structures would be brought into compliance before they, could be occupied. He also said he received a phone call from local attorney A.W. Clem who advised him the control of the property was under CPA Paul Wells. Chief Wright reported that, further work would be done with Paul Wells to ensure safe ingress and egress from the property and it was not the City's intention to close the market. Mayor Hashmi invited those who wanted to speak about this subject to come forward. Marsha Michallek said they were told so many stories and no one knew what was going on. She said she was surprised that no one came forward and wanted to fix it. Mayor Hashmi reminded her that it was private property. Chief Wright said there was no way some of the structures could be saved. Haliburton"saidhe had been attending the flea market since it had been there, which was probably forty years. He questioned why officials had not done something before now if if was so bad, b4f had only done something since Randy Rader had passed away. Mr. Haliburton said they were given no notice, but officials just came in and turned off the electricity and that it was handled unprofessionally: Interim City Attorney Stephanie Harris said it was handled with an administrative search warrant. Judy Haliburton said she had a stall at the flea market 30 years ago, and it helped them financially. She said their electricity was turned off on that Saturday morning without any warning and it hurt their businesses. Mrs. Haliburton agreed that some of the buildings were in bad shape. 14. Discuss and act on RESOLUTION NO. 2016 -015: A RESOLUTION DIRECTING ONCOR ELECTRIC DELIVERY COMPANY, LLC TO FILE CERTAIN INFORMATION WITH THE CITY OF PARIS, TEXAS; SETTING A PROCEDURAL SCHEDULE FOR THE GATHERING AND REVIEW OF NECESSARY INFORMATION IN CONNECTION THEREWITH; SETTING DATES FOR THE FILING OF THE CITY'S ANALYSIS OF THE COMPANY'S FILING AND THE COMPANY'S REBUTTAL TO SUCH ANALYSIS; RATIFYING THE HIRING OF LEGAL COUNSEL AND CONSULTANTS; RESERVING THE RIGHT TO REQUIRE Regular Council Meeting April 25, 2016 Page 4 THE REIMBURSEMENT OF THE CITY OF PARIS; TEXAS' RATE CASE EXPENSES; SETTING A PUBLIC HEARING FOR THE PURPOSES OF DETERMINING IF THE EXISTING RATES OF ONCOR ELECTRIC DELIVERY COMPANY AND UNREASONABLE OR IN ANY WAY IN VIOLATION OF ANY PROVISION OF LAW AND THE DETERMINATION BY THE CITY OF PARIS, TEXAS OF JUST AND REASONABLE RATES TO BE CHARGED BY ONCOR ELECTRIC DELIVERY COMPANY, LLC.; NOTING COMPLIANCE WITH OPEN MEETINGS LAW; PROVIDING NOTICE OF PASSAGE. Finance Director Gene Anderson explained that a recent PUC proceedings related to conversion of Oncor into a Real Estate Investment Trust resulted in the Commissioners' desire to share $200 to $250 million in annual federal income tax savings with Oncor ratepayers. He said the proceeding for an ownership change was not a rate case, so the commission had no jurisdiction to order a rate reduction and the new, owners of Oncor indicated intent to file a rate case in mid -2017 to become effective in 2018. Mr. Anderson further explained that the Steering Committee of Cities served by Oncor decided to initiate a rate case against Oncor instead of waiting two years, and staff was recommending approval of this resolution. A Motion to approve this item was made by Council Member Frierson and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 15. Receive update on the status of the Event Center at the Lamar County Fair Grounds (previously known as the bingo hall). Council Member Pickle said he requested this item, because while at a recent VC &C meetings he learned of a request for a dog show that ended up taking place on 195. He said it was his understanding that this building would be available for dog shows. City Manager John Godwin said they had reserved the building but understood that they did not go through with the rental because of the rental fee. Council Member Pickle said since taking on the building the City had spent more in expenses than received in income and he said as a Council they needed to do a better job in promoting the facility. Council Member Lancaster agreed they needed to do a better job in promotion. Mayor Hashmi inquired if VC &C could help promote the center or offer it as an alternative to the Civic Center. Public Works Director Jerry McDaniel said they had recently placed signs on the building. Mayor Hashmi inquired if they could add something to the water bill about the availability of the event center and Mr. Godwin said that could be done if there was room. Council Member Pickle said they needed to make sure it was on the web -site. Citizen David Hughes said they were just now getting into the season where the center would be rented and was rented last weekend. Mayor Hashmi asked Mr. Godwin to come up with solutions and place it on a future agenda. 16. Discuss and declare various items /equipment as surplus and authorize the sale by public auction. Regular Council Meeting April 25, 2016 Page 5 A Motion to declare the items as surplus and authorize the sale by public auction was made by Council Member Pickle and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 17. Convene into Executive Session pursuant to: A. Section 551.087 of the Texas Government Code, (1) to discuss or deliberate regarding financial commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have located, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1), as follows: • Potter's Industries • Silgan Can Company B. Section 551.074 of the Texas Government Code, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee as follows: interim city attorney /city attorney. Mayor Hashmi convened City Council into executive session at 6:07 p.m. 18. Reconvene into open session and possibly take action on those matters discussed in Executive Session. Mayor Hashmi reconvened City Council into open session at 6:43 p.m. He said there were two items discussed and the first item was with regard to tax abatement requests from Potter's Industries and Silgan Company. A Motion to move forward with the tax abatements according to the guidelines was made by Mayor Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. Mayor Hashmi said they discussed employment of the city attorney and that all of the Council Members had good reviews on the interim city attorney. He said they would like to confirm her appointment as the full -time city attorney for the City of Paris and Council had suggested they enter into contract negotiations with her. A Motion to confirm Stephanie Harris' appointment as city attorney was made by Council Member Pickle and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 19. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. Regular Council Meeting April 25, 2016 Page 6 Mr. Godwin reminded everyone of the Wings over Paris Air Show scheduled for May 14 and the Stamp -Out Hunger Project scheduled for the same day. 20. 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 6:45 p.m. A.J. HASHMI, M.D., MAYOR JANICE ELLIS, CITY CLERK