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07.08.13 MINUTESMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS July 8, 2013 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, July 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 Staff: Gene Anderson, Interim City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Shawn Napier, City Engineer; Larry Wright, Fire Chief; and Bob Hundley, Police Chief; Doug Harris, Utilities Director; and Sandy Collard, HR Manager Opening Asenda 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 Grossnickle led the pledge. 4. Citizens' Forum. Mayor Hashmi asked that those wishing to voice their opinion on agenda item 18 to please wait until that item was reached on the agenda. Michael Gladfelter, 1345 S.E. 6th Street — Council is going to be faced with the decision of whether or not to hire local contractors and pointed out that the courthouse was still leaking and there was a bulking floor at the new PJC building, both of which used local contractors. He said he was opposed to using contractors simply because they were local and urged Council to get the best for Paris. Regular Council Meeting July 8, 2013 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 Frierson and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 5. Approve the minutes from the City Council meeting on June 17, 2013. 6. Receive reports and/or minutes from the following boards, commissions, and committees: a. Paris Public Library Advisory Board (5 -15 -2013) b. Paris Economic Development Corporation (5 -14 -2013) 7. Approve the Final Plat of Lot 1, Block A, Kwik Check #34 CB 341, located at 2965 Church Street. 8. Approve the Final Plat of Lot 1, Block A, Chavez Addition No. 2 -CB 309, located at 1190 19th Street S.W. Regular Agenda 9. Conduct a public hearing, discuss and act on ORDINANCE NO. 2013 -020: 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 1, BEING CITY BLOCK 118, BEING LOCATED AT 357 WEST KAUFMAN STREET IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A MULTI - FAMILY DWELLING DISTRICT NO. 1 (MF -1) TO A CENTRAL AREA DISTRICT (CA); 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. Council Member Lancaster asked to be recused, citing this property belonged to her. A Motion to recuse Council Member Lancaster was made by Council Member Drake and seconded by Mayor Hashmi. Motion carried, 7 ayes — 0 nays. Planning Director Alan Efrussy said the property contained an abandoned historic church and that Ms. Lancaster intended to establish a combination museum and community center. Mr. Efrussy recommended the zoning change and said that the Planning and Zoning Commission unanimously approved the zoning request. 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. Regular Council Meeting July 8, 2013 Page 3 A Motion to approve this item was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 6 ayes — 0 nays. A Motion to return Council Member Lancaster to the meeting was made by Council Member Drake and seconded by Council Member Wright. Motion carried, 6 ayes — 0 nays. 10. Conduct a public hearing, discuss and act on ORDINANCE NO. 2013 -021: 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 2, BEING CITY BLOCK 118, BEING LOCATED AT 339 WEST KAUFMAN STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A MULTI - FAMILY DWELLING DISTRICT NO. 1 (MF -1) TO A CENTRAL AREA DISTRICT (CA); 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. Planning Director Alan Efrussy said the City of Paris was the applicant and changing the zoning would enhance the logical design of the already existing Central District. Mr. Efrussy recommended the zoning change and said that the Planning and Zoning Commission unanimously approved the zoning request. 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 Member Wright. Motion carried, 7 ayes — 0 nays. 11. Conduct a public hearing, discuss and act on ORDINANCE NO. 2013 -022: 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 PART OF 7, BEING CITY BLOCK 250, BEING LOCATED AT AND BEHIND 2232 NORTH MAIN STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE - FAMILY DWELLING DISTRICT NO. 2 (SF -2) TO A COMMERCIAL DISTRICT (C); 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. Planning Director Alan Efrussy said this property was owned by Jerry Fendley. Mr. Efrussy recommended the zoning change and said that the Planning and Zoning Commission unanimously approved the zoning request. Regular Council Meeting July 8, 2013 Page 4 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 Member Drake. Motion carried, 7 ayes — 0 nays. 12. Discuss and act on ORDINANCE NO. 2013 -023: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC CONTROL MAP ADOPTED IN SECTION 31- 65(b), OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; ESTABLISHING A STOP SIGN AT THE INTERSECTION 20TH STREET NW AND WEST SHILOH STREET STOPPING NORTH AND SOUTH -BOUND TRAFFIC ON 20"" STREET NW; 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. Police Chief Bob Hundley said there had been one accident within the last three years at this intersection and that the Traffic Commission voted unanimously to place stop signs at the intersection stopping north and south -bound traffic on 201h NW. A Motion to approve this item was made by Council Member Drake and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. Mayor Hashmi asked that item 18 be moved forward on the agenda. A Motion to move item 18 forward was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 18. Discussion and take action on PEDC. After researching the history of the PEDC and their bylaws, Mayor Hashmi said he believed that the original intent of the voters was to set aside 1/4 cent of the sales tax receipt to fund an organization to market and attract local manufacturing companies. He said PEDC was expected to bring jobs related to manufacturing, and stated he did not think the voter's intentions were completely being met. Mayor Hashmi said he was of the opinion that spending funds to attract retail businesses and providing education to start-up businesses not directly related to manufacturing was in direct violation of the law. He also said he wanted to honor the obligation to the incubator, users and employees, and suggested that the City fund the incubator for an amount not to exceed $89,000 for a period not to exceed nine months. Mayor Hashmi said he believed it was not legal under 4A to use the tax money for retail. He suggested the PEDC budget be returned to the Board with the recommendation to remove retail efforts and the incubator funding from their budget. Council Member Frierson disagreed with the Mayor and said he served as liaison to the PEDC and the work they did expands through all facets of the community. He said the Board approved the budget, which included retail attractions and the Regular Council Meeting July 8, 2013 Page 5 incubator. Council Member Frierson said there had been expansion for Kimberly Clark and Campbell Soup, as well as the addition of Skinner locating to Paris and those were a result of Mr. Gilbert's efforts and negotiations. He commended Steve Gilbert, Kenney Dority and Bruce Carr in working out a ten year plan to replenish PEDC's reserves, so that they would have the opportunity to continue to expand and attract businesses. Council Member Frierson said the Board had requested a ruling from the Attorney General. He also said feedback from the Texas EDC reflected that PEDC was within the 10% framework. He said PEDC had formed a sub- committee of Bruce Carr, Vicki Ballard, and Steve Gilbert to work with the incubator administration because they do not feel that the incubator as a whole needs to be under the PEDC. He said they had decided to keep the money in the budget with the understanding that the sub - committee would come back with a plan for an exit strategy so that the incubator could continue to grow and produce companies like Body Guard. He said his opinion was they should have trust in the Board and the Board approved the budget and changes could be made when the AG's ruling came back, if needed. Council Member Frierson said they should approve the budget as submitted by the Board. Council Member Drake wanted to know if the City could fund the incubator. Mr. Anderson said yes, but that they would have to enter into an agreement with the incubator. Council Member Drake wanted to know if the PEDC budget could be approved if they left the items in or took them out when the AG's opinion was received. Mr. Anderson said their budget could be amended. Council Member Grossnickle said both were items related to creation of jobs. Council Member Lancaster said the mission statement was for the PEDC to bring industrial jobs and she was not sure the incubator fit into that category. Council Member Jenkins said he wanted to hear from the AG. Council Member Wright said regardless of what opinion the AG renders, to use the funds for purposes other than which was promised betrays the confidence of the citizens. Mayor Hashmi invited the public to comment. Sydney Young, 2765 N.E. Loop 296, she said she served the R3bI Board as president, that she trusted Steve Gilbert, and she thought they were within the 10% compliance. Mrs. Young asked that City Council consider the wonderful business environment in Paris. Davey Griffis, 1445 Clarksville Street, Suite 4, he said without the help of the PEDC and the Red River Region Incubator they would not have been able to open the $2 million dollar business they were fixing to open and they would probably house 500 employees. Hank Betke, 721 Church Street, he said he was the director of the Incubator and the Incubator had created 10 business and 50 jobs with no tax abatement or incentives. Mr. Betke said to date PEDC had invested about $188,000 and there was a solid return. He said Mr. Gilbert told him last October that he needed to develop a plan that would reduce PEDC's contribution by 70% over a period of four years. He said a plan had been developed and asked that the Council support the PEDC budget as it was presented. Holland Harper, 1040 SE 31st Street, he said he was a big supporter of the PEDC and believed they did a good job and that the Incubator was doing a good job. He added that the comptroller of the State of Texas lists that research and development facilities were allowed under Type A corporations and the Incubator fit into that category. Rebecca Clifford, 2050 Silverleaf, she said she was the chairperson for the PEDC Board and voted against the budget because she felt it contained inappropriate expenditures related to the incubator and the retail consultant. She said she was not opposed to helping small business, but was opposed the current structure because it was not in compliance with the law. Mrs. Clifford said PEDC should not be funding any retail consultant and that PEDC should focus Regular Council Meeting July 8, 2013 Page 6 on creating primary jobs, which was the foundation of economic development. She said the money from the people in this community must be wisely spent and PEDC must focus on getting primary jobs as required by law. John Lee, 2306 Simpson, he said he volunteered at the Incubator and they were in the business of helping people keep meaningful work and supplying services. Vic Ressler, 4020 Holbrook Street, he said he was a little perplexed why there was a discussion prior to receiving the opinion from the Texas Attorney General. He said he didn't know anyone that was unhappy with what they had gotten from the efforts of the PEDC. Jim Bell, 720 SE 39th, he suggested if anyone wanted to know about the history of the Incubator that they contact his wife, Pat Bell as she had worked extensively with the Incubator prior to retiring from P.J.C. Dan Smith, 5145 Amherst Court, he said was a past member of the PEDC Board and thought they should not be having a public discussion about this issue as it would hurt efforts to attract new industry or business to Paris. Mr. Smith said everyone needed to get on the same page and be speaking with one voice. Mayor Hashmi said he thought everyone did have the same goal and that was to improve the City. He said there wasn't a dispute that the Incubator was needed, but the only how it was funded. He said he supported the PEDC. PEDC Executive Steve Gilbert said the 10% cap under the law was related to marketing and so far the Incubator had nothing to do with that cap. He said Rickey Hayes Retail attractions contract was included in the 10% marketing cap and was within the 10% cap. Mr. Gilbert said the Board had a 3 -2 split vote on the PEDC budget. He said the Incubator was funded by PEDC, fundraisers and by private contributors and that it was true that not all of the companies that were in the Incubator hit the PEDC requirement of providing primary jobs and that PEDC would be looking at the cost allocation. Mr. Gilbert said no one wanted to do anything that was illegal and expressed concern about how this type of publicity would affect economic growth in Paris. He said the PEDC Board would work through this, would provide information, answer questions and would appreciate the support of City Council. Council Member Drake said she would like to see the City move forward with funding of the incubator, because she did not want anyone to lose their jobs. Council Member Frierson said the PEDC approved their budget, that this is what they needed and that he thought Council should support it. Council Member Grossnickle agreed with Dan Smith and said he did not think that the Council should publically question Mr. Gilbert's expertise. He said Mr. Gilbert had excellent expertise and that Council should pass the budget as submitted. Council Member Lancaster commended PEDC on their hard work, but she wanted to wait on the AG opinion. Council Member Jenkins said he did not understand the difference between the Incubator and PEDC, but thought PEDC was a good thing. Council Member Wright said he supported the Incubator and the PEDC; however, he had a problem with promising the citizens the money would be used for manufacturing jobs and then using it for other purposes. A Motion to approve the PEDC budget, as submitted was made by Council Member Frierson and seconded by Council Member Grossnickle. Motion failed, 2 ayes — 4 nays — 1 abstention, with Council Member Wright, Council Member Lancaster, Council Member Drake and Mayor Hashmi casting dissenting votes, and Council Member Jenkins abstaining from the vote. A Motion that the PEDC budget be returned to the Board with recommendations removing the Incubator and the retail effort be eliminated and that the City of Paris fund the Incubator in an amount not to exceed $89,000 for nine months was made by Council Member Regular Council Meeting July 8, 2013 Page 7 Wright and seconded by Mayor Hashmi. Mr. McIlyar said that committing the City to funding should be posted more clearly on the agenda. Council Member Wright amended his Motion to say that consideration of funding the Incubator be placed on a future agenda and Mayor Hashmi seconded it. Motion carried, 4 ayes — 2 nays — 1 abstention, with Council Members Grossnickle and Frierson casting the dissenting votes, and Council Member Jenkins abstaining from the vote. 13. Discuss and act on RESOLUTION NO. 2013 -025: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AND THE LAMAR COUNTY COMMISSIONERS COURT APPOINTING MEMBERS TO THE PARIS - LAMAR COUNTY BOARD OF HEALTH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. City Clerk Janice Ellis said she contacted Judge Superville and the Commissioner's Court recommended Bill Collins and that the indication to her was Commissioner's Court would be fine with any of the other applicants. Mayor Hashmi asked Council if they would honor Commissioner's Court recommendation. It was a consensus to do so. Ms. Ellis said that the Board needed a doctor of veterinarian science and the only applicant was Dr. Keith House. Mayor Hashmi opened the floor for nominations. Council Member Drake nominated Dr. Keith House, Council Member Drake nominated Bill Collins; and Council Member Frierson nominated Kristi Martin. Motions carried for all three nominations, 7 ayes — 0 nays. 14. Appoint members to the various Boards, Commissions and Committees of the City of Paris. Mayor Hashmi said there were several vacancies remaining due to either resignation or lack of applicants, and moved toward completing the appointment process. Ms. Ellis explained there was one vacancy on Building and Standards Commission; one on Historic Preservation Commission; and two on the Traffic Commission, but there was only one applicant for the Traffic Commission. Council Member Drake nominated Sally McEwin to the Building & Standards Commission, Motion carried 7 ayes — 0 nays. Council Member Grossnickle nominated Carolyn Hicks to the Historic Preservation Commission, Motion carried, 7 ayes — 0 nays. Council Member Frierson nominated Barry Shiver to the Traffic Commission, Motion carried, 7 ayes — 0 nays. Mayor Hashmi said pursuant to the Local Government Code, the Mayor was to make appointments to the Housing Authority. Mayor Hashmi appointed Kenneth Rogers, Sr., Chet Hilyer and Krystal Arrasmith. Mayor Hashmi asked that item 19 be moved forward. A Motion to move item 19 forward was made by Council Member Lancaster and seconded by Council Member Frierson. 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 July 8, 2013 Page 8 Mayor Hashmi said if okay with the Council, he would like to conduct construction workshops every Tuesday for about six weeks, to hear from contractors about the water and sewer line replacement project. It was a consensus to do so. 15. Discuss and act on the 2013 Certified Local Government Grant Award. Mr. Anderson said the City was awarded a $15,000 grant which could require a $15,000 grant if Council approved, and that he would like to replace the remaining windows in city hall. A Motion to approve this item was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 16. Appoint a qualified person to serve as associate municipal court judge. Mr. Anderson explained that an associate judge was needed on a contract basis during Judge Hunt's absence from the city. He further explained that Judge Hunt had met with Don Biard, who was well - qualified to serve in the capacity. A Motion to approve Don Biard to serve as associate municipal judge was made by Mayor Hashmi and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 17. Discuss City of Paris Personnel Policies and Procedures. Council Member Drake said she had compared the old personnel policies to the current policies and noted several changes. She specifically referenced Section 3.02 and stated that language had been added to reflect the City did not require department head positions be posted. Council Member Wright said that it was in the old policy, but not in the new policy. Council Member Frierson inquired as to the reason. HR Director Sandy Collard said on January 31, 2013, she was instructed by the City Manager to change the policy to reflect department head positions did not have to be posted. Council Member Wright said Council makes policy and the City Manager was to enforce it. Council Member Drake said she believed all jobs should be posted, so that the City was getting the best applicants regardless of race, sex or gender. Mr. Anderson said the last action the Council took on the personnel policy was in 2005. He also said under the foreword section of that personnel policy, it allowed the Manager to change or amend policies within statutory and charter limitations to the extent necessary to more effectively and efficiently promote the interest of the City. It was a consensus of the Council to review the personnel policies and procedures upon Mr. Godwin's return. It was also a consensus of the Council to form a committee comprised of City Manager John Godwin, HR Director Sandy Collard, City Attorney Kent McIlyar, Council Member Wright and Council Member Drake to review these personnel policies and procedures. Regular Council Meeting July 8, 2013 Page 9 20. Adjournment. 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 6:58 p.m. J ICE ELLIS, CITY CL RK