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05 - CITY COUNCIL MINUTES FROM 02/13/2017MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS February 13, 2017 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, February 13, 2017, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Billie Lancaster; Aaron Jenkins; Billy Trenado; Steve Clifford; Matt Frierson; and Cleonne Drake City Staff: John Godwin, City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Carla Easton, City Engineer; Larry Wright, Fire Chief, Bob Hundley Police Chief; Kent Klinkerman, EMS Director; Doug Harris, Utilities Director; Jerry McDaniel, Public Works Director; and Clyde Crews, Fire Marshal Opening Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Reverend Slaughter gave the invocation. 3. Pledge of Allegiance. Council Member Lancaster led the pledge. 4. Citizens' Forum. Mark Rothfuss, 2810 Willow Bend, representative of Archers for Christ — he presented to the city attorney photographs taken at Lake Crook on Sunday. Mr. Rothfuss said they were only missing about three signs and there were only about three months of out of the year the area was closed for hunting, and that was due to liability issues. Mr. Rothfuss did say they were open to the public during that time but only with a pass. Dick Harvey, 12751 FM 195 — he said he did not know if Mr. Rothfuss used the main entrance, but that he and his son had been going out there for about 4 years and there was no signage at the front entrance. He also provided the city attorney with photographs. Mr. Harvey said he and his son were riding horses on public property when issued a warning by the game warden for criminal trespass. Mr. Harvey said this was not about him and his son, but about the Regular Council Meeting February 13, 2017 Page 2 fact this was public property and this organization has had it locked up for 20 years. He said guns should not be allowed on this property and referred to the lease agreement, specifically the area in which guns were allowed. He also said most of the people using this city park were from out of town and it did not make sense. Bud Mackie, representative of VFW — he said the VFW had used Lake Crook for the last two years without any problems. He also said there was an area that was cleared for horse trails and there was no signage. He asked that an item be placed on the next agenda allowing for discussion by everyone. Lynn Rothfuss, 2810 Willow Bend — she said the lease was for archers and no guns were allowed. Mr. Harvey — he read the lease agreement and stated hunting with shotguns was not allowed except in District 9. Cleonne Drake — she personally expressed appreciation to the City and Chamber of Commerce for helping with the State Youth Crime Stopper's Convention. Mrs. Drake said she heard nothing but good reviews. Mr. Rothfuss — he said there had never been a gun shot by Archers for Christ and it was clearly posted at the main gate that no guns were allowed. Jim Montgomery, 1135 20'h NE — he said there was a 100 year old flood zone behind his house and water stood there. He also said that Bill Loranger said there was not an easement but there was a sewer line so he thought there had to be an easement. He asked that City Council look into this. 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 Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. Approve minutes from the meetings on January 23, 2017. 6. Receive reports and /or minutes from the following boards, commissions, and committees: a. Paris Economic Development Corporation (12 -8 -2016 & 12 -20 -2016) b. Paris Public Library Advisory Board (11 -16 -2016) c. Paris Municipal Band (9 -22 -2016) d. Planning & Zoning Commission (1 -3 -2017) Regular Council Meeting February 13, 2017 Page 3 7. Accept bids and award contracts for the purchase of roadway materials to the lowest responsible bidder(s) for the twelve month period beginning April 1, 2017. 8. Accept the bid and award the contract for the replacement of concrete curbs and gutters, driveway approaches, and reinforced concrete sidewalks to the lowest responsible bidder(s) for the twelve -month period beginning April 1, 2017. 9. Approve RESOLUTION NO. 2017 -006: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING ONE ALTERNATE MEMBER TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PARIS, TEXAS, IN ACCORDANCE WITH SECTION 16 OF THE CITY ZONING ORDINANCE AND THE CITY'S POLICIES AND PROCEDURES FOR STANDING BOARDS, COMMISSIONS AND COMMITTEES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 10. Approve RESOLUTION NO. 2017 -007: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ORDERING THE REGULAR MUNICIPAL ELECTION FOR THE CITY OF PARIS, TEXAS, TO BE HELD ON THE FIRST SATURDAY IN MAY 2017, SAME BEING THE 6TH DAY OF MAY 2017, FOR THE PURPOSE OF ELECTING MEMBERS OF THE PARIS CITY COUNCIL IN DISTRICTS 4, 5, & 7 FOR THE ENSUING TWO YEARS; DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; AND DECLARING AN EFFECTIVE DATE. 11. Approve RESOLUTION NO. 2017 -008: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A JOINT ELECTION AGREEMENT BETWEEN THE CITY OF PARIS AND NORTH LAMAR INDEPENDENT SCHOOL DISTRICT ( "NORTH LAMAR ISD ") FOR THE MAY 6, 2017 ELECTION DATE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 12. Approve the Final Plat of Lot 1, Block A, DQ No. 2 Addition City Block 318, located in the 3100 Block of N.E. Loop 286. 13. Approve RESOLUTION NO. 2017 -009: A RESOLUTION REQUESTING THE SHERIFF OR A CONSTABLE TO RE -SELL TAX FORECLOSED PROPERTIES IN ACCORDANCE WITH TEXAS PROPERTY TAX CODE SECTION 34.05. 14. Approve the proposal from McClanahan & Holmes, LLP to perform an independent outside audit on the City's financial records for the periods ending September 30, 2017, September 30, 2018, and September 30, 2019. 15. Declare 2005 enclosed dive trailer as surplus equipment and authorize the City Manager to transfer it to the Sulphur Springs Fire Department. Regular Council Meeting February 13, 2017 Page 4 16. Approve RESOLUTION NO. 2017 -010: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS INSTITUTING A TEMPORARY RESIDENTIAL RENOVATION INCENTIVE PROGRAM; DIRECTING THE CITY MANAGER TO WAIVE COLLECTION OF FEES FOR ISSUANCE OF CERTAIN CONSTRUCTION PERMITS RELATED TO THE RENOVATION OF EXISTING RESIDENTIAL STRUCTURES WITHIN THE CITY OF PARIS FOR A NINETY (90) DAY PERIOD BEGINNING ON FEBRUARY 15, 2017 AND ENDING MAY 12, 2017; PROVIDING FOR A REBATE OF A PERCENTAGE OF CERTAIN SANITATION FEES INCURRED DURING SAID NINETY (90) DAY PERIOD AND RELATED TO SAID RENOVATIONS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. o Regular Agenda 17. Discuss, conduct a public hearing and act on ORDINANCE NO. 2017 -006: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOT IIA, CITY BLOCK 262, BEING LOCATED AT 1160 N.E. 20' STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A SINGLE- FAMILY DWELLING DISTRICT (SF -2) TO A MULTI- FAMILY DWELLING DISTRICT (MF -2); DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City Manager John Godwin explained Council previously approved a zoning change and the applicants had intended to include this property as part of the property that was rezoned. He said that Planning & Zoning approved this item. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. Cecil Ballard, 1130 -201i N.E., spoke in opposition to this zoning change and Chad Stephens, 3935 Miranda Drive, spoke in support of this zoning change. Jim Montgomery, 1135 NE 201i, also spoke in opposition to this zoning change. With no one else speaking, Mayor Hashmi closed the public hearing. Following additional discussion, a Motion to approve the change in zoning was approved by Council Member Trenado and seconded by Council Member Frierson. Motion carried, 6 ayes —1 nay, with Council Member Drake casting the dissenting vote. 18. Receive presentation from Salem -Clark regarding a tax credit for a housing project, discuss and act on RESOLUTION NO. 2017 -011: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS IN SUPPORT FOR THE HOUSING TAX CREDIT ( "HTC ") APPLICATION #17278 OF SCF PARIS 17, LP, TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (TDHCA), FOR 2017 COMPETITIVE NINE- PERCENT HOUSING TAX CREDITS TO Regular Council Meeting February 13, 2017 Page 5 DEVELOP AFFORDABLE RENTAL HOUSING AND THE PROPOSED DEVELOPMENT OF WESTWIND OF PARIS (THE "HOUSING COMMUNITY ") TO BE LOCATED AT 4800 HIGHWAY 82, PARIS, LAMAR COUNTY, TEXAS 75462 ( "THE DEVELOPMENT SITE "); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mr. Godwin said last year the Council approved a resolution for one of three affordable housing tax credit applications and none were approved by the Texas Department of Housing and Community Affairs. He said this proposal was for construction of a new apartment complex on the north side of east 82 near the Reno city limit, now named Westwind of Paris. Kelly Garrett, owner of Salem -Clark gave a presentation regarding the proposed complex and answered questions from Council. A Motion to approve this item was made by Council Member Trenado and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 19. Discuss and act on RESOLUTION NO. 2017 -012: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CALLING A BOND ELECTION IN THE CITY OF PARIS, TEXAS; ESTABLISHING THE DATE OF THE ELECTION; PROVIDING FOR EARLY VOTING; DESIGNATING POLLING PLACES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR NOTICE OF THE ELECTION; AUTHORIZING AN AGREEMENT WITH THE LAMAR COUNTY ELECTIONS ADMINISTRATOR FOR ELECTION SERVICES; APPOINTING AN EARLY VOTING BALLOT BOARD; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mr. Godwin said the Council had indicated its desire to conduct a bond election for the purpose of reconstructing streets, and possibly some needed park improvements for a total of up to $10 million in general obligation bonds. Council Member Drake inquired if they were locked into specific streets and Mr. Godwin said they were not. Council Member Drake favored two propositions, one for streets and one for needed park improvements. Mayor Hashmi and the remainder of the Council favored two propositions, one for streets in the amount of $9.5 million and the other proposition in the amount of $500.000 for park improvements. Following additional discussion, a Motion to approve calling the bond election with two propositions on the ballot was made by Mayor Hashmi and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 20. Discuss and act on RESOLUTION NO. 2017 -013: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING A CONTRACT BETWEEN THE CITY OF PARIS AND THE LAMAR COUNTY ELECTIONS ADMINISTRATOR TO ASSIST, COORDINATE, SUPERVISE AND HANDLE CERTAIN ASPECTS OF ADMINISTERING THE GENERAL ELECTION Regular Council Meeting February 13, 2017 Page 6 FOR MAY 6, 2017, FOR THE CITY OF PARIS, MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Clerk Janice Ellis explained this was the standard contract with the county elections administrator for election services. She further explained the estimate for services was in the amount of $10,300.00. A Motion to approve this item was made by Council Member Drake and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 21. Discuss and act on RESOLUTION NO. 2017 -014: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS FORGIVING CERTAIN CIVIL PENALTIES ASSESSED AGAINST THE PROPERTY LOCATED AT 104 BONHAM STREET; FINDING A PUBLIC PURPOSE IN SUPPORT OF SAME; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mayor Hashmi said he placed this item on the agenda for the Council to discuss rescinding the fines and penalties assessed against this building from the onset. He said fines and penalties had been accruing daily and that subsequently Council sent a request to Oncor to cut the power due to health and safety issues. Additional discussion followed including rescinding these fees and fines which would allow Mr. Alarid to use that money toward repairs of the building. A Motion to approve this item was made by Mayor Hashmi and seconded by Council Member Trenado. Motion carried, 6 ayes — 1 nay, with Council Member Frierson casting the dissenting vote. 22. Discuss, receive public input, and act on controlling of construction of new buildings or additions, as related to drainage on adjacent properties. This should assure that such building is neither higher or lower than neighboring buildings or other structures. Council Member Lancaster said she placed the item on the agenda due to her concern about problems with drainage as related to elevation of buildings that were being constructed higher or lower than the properties next to them. Mr. Godwin said that current staff inherited years of drainage problems and that they now had procedures in place that were not historically done. Mr. Godwin explained the elevations would be required to be signed off by the applicant's engineer. A Motion to have these procedures in writing was made by Council Member Lancaster and seconded by Council Member Jenkins. Motion carried, 7 ayes — 0 nays. 23. Discuss and receive input from City Council with regard to trespassing at Lake Crook. Regular Council Meeting February 13, 2017 Page 7 Mayor Hashmi said he and the city manager had discussed this when a gentleman was issued a warning for criminal trespass. Mr. Godwin said the lease was renewed about one and half years ago. He said to his knowledge there had been no intentional violation of the lease and that signs do get knocked down so there was some not in place. He said staff was encouraging more and more people to use Lake Crook Park and that was working, but at the same time they would have more occasions with the Archers and public running into each other. He said one of the things staff was going to do was meet with the Archers about amending the Lease by moving them back a little bit. He said they did not want to run them off as they had been there forever, but just wanted to create more of a buffer and make sure signage was in place. Mayor Hashmi suggested that the city manager have a meeting with the Archers and with Mr. Harvey and bring back options or a resolution to the Council. It was a consensus of City Council to do so. 24. Convene into Executive Section pursuant to 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: • Annual evaluation of city manager; • Annual evaluation of municipal judge; • Annual evaluation of city attorney. Mayor Hashmi convened City Council into executive session at 6:59 p.m. 25. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Hashmi reconvened City Council into open session at 7:24 p.m. and reported that all three employees received good evaluations. 26. Consider and approve future events for City Council and /or City Staff pursuant to Resolution No. 2004 -081. Mayor Hashmi requested the permitting process be placed on the next agenda and that a meeting be scheduled with Oncor regarding the property at 104 Bonham Street. 27. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Frierson and was seconded by Council Member Clifford. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 7:25 p.m. A.J. HASHMI, M.D., MAYOR JANICE ELLIS, CITY CLERK