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04.08.13 MINUTESMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS Apri18, 2013 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, April 8, 2013, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Aaron Jenkins; Billie Lancaster; John Wright; Richard Grossnickle; Matt Frierson; and Cleonne Drake City Staf£ John Godwin, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Kent Klinkerman, EMS Director; Alan Efrussy, Planning Director; Shawn Napier, City Engineer; Larry Wright, Fire Chief; and Bob Hundley, Police Chief; Opening A�enda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Pastor Charlotte Coyle gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. 4. a. Citizens' forum. Sharon Eubanks, CASA representative — she reminded everyone that April was child abuse prevention month and extended an invitation to attend CASA's open house April 25t" at 5:00 p.m. Edwin Pickle, 220 Johnson Woods Drive — on behalf of KPB, he invited everyone to come and help plant crepe myrtle trees on April 6`�'. Mr. Pickle also invited everyone to attend and help with the KPB/Make Lamar County Shine annual trash-off scheduled for April 13tn b. Public Announcements. • Proclamation supporting the Mayors Day of Recognition for National Service. Regular Council Meeting April 8, 2013 Page 2 Mayor Hashmi presented the proclamation to Susan Kahn on behalf of the Ameri Corps and Senior Corps volunteers. Consent A�enda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Council Member Wright asked for discussion on item 10, specifically how the services would be paid and priorities of collection. City Manager John Godwin confirmed that the fees for services would be a percentage of what was collected on tax delinquent property. Mr. Pounders said his firm would be collecting a mix of old and new delinquent accounts as they occurred, as well as the priorities listed by the city. A Motion to approve the Consent Agenda was made by Council Member Drake and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 5. Approve the minutes from the City Council meeting on March 25, 2013. 6. Receive reports and/or minutes from the following boards, commissions, and committees: a. Historic Preservation Commission (3-13-2013) b. Planning and Zoning Commission (2-4-2013) c. Main Street Advisory Board (1-5-2013) 7. Approve Ordinance No. 2013-010: AN ORDINANCE OF THE CITY OF PARIS, TEXAS, DECLARING UNOPPOSED CANDIDATES IN CITY COUNCIL DISTRICTS 4 AND 7 FOR THE MAY 11, 2013, GENERAL ELECTION BE ELECTED TO OFFICE; DETERMINING THAT NO GENERAL ELECTION BE HELD iN DISTRICTS 4 AND 7; DIRECTING THAT A COPY OF THIS ORDINANCE BE POSTED AT APPROPRIATE POLLING PLACE; DIRECTING THAT A CERTIFICATE OF ELECTION BE ISSUED TO THE UNOPPOSED CANDIDATES; MAKING OTHER F1NDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTNE DATE. 8. Approve the Final Plat of Lot 1, Block A, J&A Shop Addition, located in the 4200 Block of North Main Street. 9. Approve the Final Plat of Lot 1, Block A, Chavez Addition CB 310, located at 1335 19t�' Street S.W. 10. Approve a professional services agreement between the City of Paris and the law firm of Tracy Pounders for the collection of delinquent taxes. Regular Council Meeting April 8, 2013 Page 3 Re�ular Agenda Mayor Hashmi asked that item 18 be moved forward on the agenda. A Motion to move item 18 forward was made by Council Member Grossnickle and seconded by Council Member Jenkins. Motion carried, 7 ayes — 0 nays. 18. Discuss and act on ORDINANCE NO. 2013-014: AN ORDINANCE OF THE CITY COLJNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ARTICLE II. EMERGENCY ALARM SYSTEMS OF CHAPTER 21 MISCELLANEOUS OFFENSES AND PROVISIONS, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS TO ENACT A NEW EMERGENCY ALARM REGISTRATION PROCESS AND NUISANCE ALARM REGULATIONS; AND MAKING OTHER CHANGES RELATED TO THE SAME; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Chief Bob Hundley said the committee met and as a result of their meeting, agreed on a revised ordinance. Chief Hundley said alarms would be required to be registered with the police department, but no fee would be charged; there were exceptions for false alarms; the alarm registration holder would be allowed twelve false alarms in a twelve month calendar period; upon the thirteenth false alarm response, the alarm site would be declared a nuisance alarm and a $50.00 response fee would be charged. Zach Blount, owner of Advance Alarm, told the City Council he was glad they had an ordinance that would work for everyone. Council Member Drake expressed appreciation to the police department and the alarm companies for their hard work on this endeavor. Chief Hundley asked that the ordinance be effective June 1, 2013, giving time for notification of the new ordinance. A Motion to approve the ordinance making the effective date June 1, 2013, was made by Council Member Drake and seconded by Council Member Grossnickle. Motion carried, 7 ayes — 0 nays. 11. Conduct a public hearing and take action ORDINANCE NO. 2013-011: AN ORDINANCE OF THE CITY COLTNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOT 4, BE1NG LOCATED IN THE 3000 BLOCK OF N.E. LOOP 286, 1N THE CITY OF PARIS, LAMAR COUNTY, TEXAS, ADDING A SPECIFIC USE PERMIT (C49) FOR AUTO FUEL SALES ON LOT 4 TO THE EXISTING PROPERTY; DIRECTING A CHANGE ACCORDINGLY 1N 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. Planning Director Alan Efrussy explained the proposed use for this property was a travel center to include a fuel station, a Denny's restaurant and a WhichWich sandwich shop. Mr. Regular Council Meeting April 8, 2013 Page 4 Efrussy said a specific use permit was required for use as a fuel station. He also said that the Planning and Zoning Commission recommended approval and that staff recommended approval. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. On behalf of the owner, Ken Baca, 105 YMC Drive of Waxahachie, Texas, spoke in support of the zoning change and specific use permit. With no one else speaking, Mayor Hashmi closed the public hearing. A Motion to approve this item was made by Council Member Lancaster and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 12. Conduct a public hearing and take action on ORDINANCE NO. 2013-012: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOT 7, BEING LOCATED 1N THE 400 BLOCK OF 25T" STREET N.E., IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE-FAMILY DWELLING DISTRICT NO. 2(SF-2) TO A MULTI-FAMILY DWELLING DISTRICT NO. 1(MF-1) DIRECTING A CHANGE ACCORDINGLY 1N 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. Planning Director Alan Efrussy explained the proposed use of this property was for four duplexes. Mr. Efrussy said that the Planning and Zoning Commission recommended approval and that staff also recommended approval. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. Owner Barney Bray, 3230 Mahaffey, Paris, Texas, spoke in support of the zoning change. With no one else speaking, Mayor Hashmi closed the public hearing. A Motion to approve this item was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 13. Conduct a public hearing and take action on ORDINANCE NO. 2013-013: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDiNG ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOT 41, CITY BLOCK B, BEING LOCATED 1N THE 3700 BLOCK OF CASTLEGATE DRIVE, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A SINGLE-FAMILY DWELLING DISTRICT NO. 3(SF-3) TO A TWO-FAMILY DWELLING DISTRICT NO. (2F) 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. Regular Council Meeting April 8, 2013 Page 5 Planning Director Alan Efrussy explained the property was currently vacant and that the applicant planned to construct a duplex on this property. Mr. Efrussy said that the Planning and Zoning Commission recommended approval and that staff also recommended approval. 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. A Motion to approve this item was made by Council Member Frierson and seconded by Council Members Wright and Lancaster. Motion carried, 7 ayes — 0 nays. 14. Presentation about the First Lady's Texas Treasure preservation award. Mr. Godwin showed a film depicting the historic sites in Paris. Mr. Godwin said it was an honor for Paris to receive this important award; citing only nine cities in Texas had received this award. Mayor Hashmi recognized Mrs. Bedford, Mrs. Harper and Mr. Starrett for their support and efforts in preserving the history of Paris. 15. Receive report from Carresha Milton about sanitation and restaurant inspection services provided by the Paris-Lamar County Health Department. Ms. Milton reported that she had conducted 198 restaurant inspections and of those, 166 inspections were in the city. She said the health department was currently contracting out for sanitation inspections, but effective May 1 S` should be taking over those services because would be licensed to do so. 16. Discuss May 11, 2013 bond election. Mayor Hashmi reminded everyone of the upcoming election. He also said that council members who were campaigning were not doing so as a part of the council, but rather as individual residents. Mr. Godwin said the city would be sending a flier to residents at the end of the week and that flier would contain factual information. Council Member Frierson encouraged residents to ask questions if needed. 17. Award a bid to R.K. Hall, LLC for the 6`�' S.E. Street and 24t�' S.E. Street Reconstruction Proj ect. City Engineer Shawn Napier said two streets had been selected to be completely reworked from subgrade to surface and those streets were 6`" SE Street from Lamar Avenue to Clarksville Street and 24t" SE Street from College to just north of Polk Street. Mr. Napier said the city received two bids and those were from R.K. Hall in the amount of $643,821.65 and from Richard Drake Construction in the amount of $658,158.57. Mr. Napier recommended the bid be awarded to R.K. Hall. Regular Council Meeting April 8, 2013 Page 6 A Motion to award the bid to R.K. Hall was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. Mayor Hashmi asked that item 20 be moved forward on the agenda. A Motion to move item 20 forward was made by Council Member Grossnickle and seconded by Council Member Jenkins. Motion carried, 7 ayes — 0 nays. 20. Discuss and act on creation of an ordinance requiring children under sixteen to wear a helmet when operating or riding a bicycle. Mayor Hashmi said he placed this item on the agenda to receive input from Council as to whether or not they wanted to create this type of ordinance and referenced Mr. Prakash' presentation at the last council meeting. While Chief Hundley agreed it was safer for individuals riding bikes to wear helmets, he expressed concern about the reality of enforcement of such a law. Sahill Prakash said cities such as Dallas and Austin had an ordinance requiring children to wear helmets when riding their bikes. Chief Hundley asked that he be given additional time to explore grants for purchase of helmets for children and encourage them to wear helmets through some type of reward system. Mayor Hashmi suggested that individuals contribute funds to Project Safe to help purchase helmets for children. Council Member Grossnickle suggested that signage be placed at appropriate places to encourage wearing of helmets. It was a consensus of the City Council for Chief Hundley to further study this. 19. Discuss and act on a Mutual Aid Agreement between the Paris Fire Department and the Faught Volunteer Fire Department. Chief Wright said it was a common practice for fire departments to enter into mutual aid agreement with contiguous fire departments to ensure the availability of extra manpower and equipment, should an incident in a fire department's jurisdiction grows beyond that department's capabilities. He requested that a mutual aid agreement be approved with the Faught Volunteer Fire Department. A Motion to approve the agreement was made by Council Member Drake and seconded by Council Member Wright. 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. Mayor Hashmi reminded everyone of the trash-off and planting of trees as discussed in the citizen's forum. 22. Adj ournment. There being no further business, a Motion to adjourn was made by Council Member Frierson and was seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 6:50 p.m. � ANICE ELLIS, CITY CLERK Regular Council Meeting April 8, 2013 Page 7