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12.16.2013 MINUTESMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS December 16, 2013 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, December 16, 2013, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Aaron Jenkins; Billie Lancaster; John Wright; Richard Grossnickle; Matt Frierson; and Cleonne Drake City Staff John Godwin, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Shawn Napier, City Engineer; Larry Wright, Fire Chief, Bob Hundley, Police Chief, Kent Klinkerman, EMS Director; Alan Efrussy, Planning Director; Doug Harris, Utilities Director; and Sandy Collard, HR Director Opening Agenda 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 Grossnickle led the pledge. 4. a. Citizens' Forum. Carol Hufnagel, 720 Bunker St — she said she had an issue with the city's requirement of obtaining and paying for a permit prior to a private property owner removing a tree. Mayor Hashmi said on behalf of the City Council and citizens of Paris, he wanted to recognize the Church of Jesus Christ of Latter Day Saints. He said that 239 church members assisted the City of Paris with clean -up after the ice storm, they covered over ten miles, cleaned up 166 residences and saved the City approximately $20,000. Mayor Hashmi presented a certificate of appreciation to Mr. Bundy and the Church of Jesus Christ of Latter -Day Saints. Regular Council Meeting December 16, 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, 6 ayes — 0 nays. 5. Approve the minutes from the City Council meeting on December 2, 2013. 6. Receive reports and /or minutes from the following boards, commissions, and committees: a. Planning and Zoning Commission (1 -4 -2013) b. Historic Preservation Commission (10 -28 -2013 & 11 -4 -2013) 7. Receive October monthly financial report. 8. Receive November drainage ditch maintenance report. 9. Receive dilapidated structure report. 10. Approve the Replat of Lots 6 -10, Block A, 79 Business Park, located in the 2400 Block of FM 79. 11. Approve the Final Plat of Lot 1, Block A, Athena Addition City Block 106, located at 707 Lamar Avenue. 12. Approve ORDINANCE NO. 2013 -041: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ISSUING A LICENSE TO RANEY DAY ENTERPRISES, INC. D /B /A YELLOW CAB TO OPERATE A TAXICAB BUSINESS ON THE PUBLIC STREETS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID LICENSE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 13. Approve ORDINANCE NO. 2013 -042: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ISSUING A LICENSE TO TRANSPORTATION PROVIDERS, L.L.C. D /B /A CITY CAB TO OPERATE A TAXICAB BUSINESS ON THE PUBLIC STREETS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID LICENSE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 14. Approve ORDINANCE NO. 2013 -043: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ISSUING A LICENSE TO DAVID THOMPSON, Regular Council Meeting December 16, 2013 Page 3 D /B /A LONE STAR CAB OF PARIS TO OPERATE A TAXICAB BUSINESS ON THE PUBLIC STREETS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID LICENSE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Regular Agenda 15. Discuss, conduct a public hearing and act on ORDINANCE NO. 2013 -044: 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 LOTS 5 AND PART OF 3 OF CITY BLOCK 154, LOCATED IN THE 600 TO 1000 BLOCK OF WEST WASHINGTON STREET, FROM A HEAVY INDUSTRIAL DISTRICT (HI) TO LIGHT INDUSTRIAL DISTRICT (LI); AND ON PART OF LOTS 3 AND 4, CITY BLOCK 154, LOCATED IN THE 600 TO 1000 BLOCK OF WEST WASHINGTON STREET, FROM A HEAVY INDUSTRIAL DISTRICT (HI) TO A ONE - FAMILY DWELLING DISTRICT NO. 2 (SF -2); ALL LOTS BEING LOCATED IN THE 600 TO 1000 BLOCK OF WEST WASHINGTON STREET, CITY OF PARIS, LAMAR COUNTY, TEXAS, 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. Mayor Hashmi opened the public hearing and asking 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. Planning Director Alan Efrussy informed the City Council that the Planning and Zoning Commission unanimously approved this zoning change. A Motion to approve this item was made by Council Member Frierson and seconded by Council Member Lancaster. Motion carried, 6 ayes — 0 nays. Mayor Hashmi said if it was okay with the Council, he would like to move items 17, 20 and 24 forward. A Motion to move items 17, 20 and 24 forward on the agenda was made by Council Member Wright and seconded by Mayor Hashmi. Motion carried, 6 ayes — 0 nays. 17. Consideration of and action regarding approval of a Checklist for an Environmental Inventory and Evaluation. Council Member Drake arrived at 5:45 p.m. Planning Director Alan Efrussy explained the intention was to use this checklist in all future development, because it would mean less time to contractors and would be less costly. Regular Council Meeting December 16, 2013 Page 4 A Motion to approve this item was made by Council Member Jenkins and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 20. Award a bid to the lowest responsible bidder for construction of Phase II of the TWDB Drinking Water State Revolving Fund Loan for water line replacements. City Engineer Shawn Napier said the City received a low interest loan from the Texas Water Development Board for a Drinking Water State Revolving Fund in the amount of $3.4 million dollars. He said this would fund replacement of 15 water line projects from the City's Capital Improvement Project, the project was qualified as a green project, and enabled the City for $510,317 loan forgiveness reducing the loan amount to $2,900,000. Mr. Napier said the first phase contract amount was $1,815,202.95 and there were funds left over after phase one. Mr. Napier said bids were opened on December 12t' and staff recommended awarding the bid to B. Bray Construction, because they were the low bidder. A Motion to award the contract to B. Bray Construction was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 24. Discuss and act on RESOLUTION NO. 2013 -042: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; RESPECTFULLY REQUESTING THE UNITED STATES SENATORS, WORKING WITH APPROPRIATE OFFICIALS, FORWARD TO PRESIDENT OBAMA A BI- PARTISAN SLATE OF QUALIFIED POTENTIAL NOMINEES TO CONFIRM BY MARCH 31, 2014, A FEDERAL JUDICIAL NOMINEE FOR THE SHERMAN DIVISION OF THE EASTERN DISTRICT OF TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Attorney Kent McIlyar said the City received a request from the Lamar County Bar Association asking for a resolution supporting a request that appropriate officials forward to the president a bi- partisan slate of qualified potential nominees to fill the federal judge vacancy in Sherman, Texas. Council Member Wright questioned whether the resolution should request only nominees from Lamar County. Mr. McIlyar explained the resolution was written as requested by several leaders of the Lamar County Bar Association. A Motion to approve the Resolution as written was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 16. Discuss, conduct a public hearing and act on ORDINANCE NO. 2013 -045: 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 337.7 ACRES OF LAND, KNOWN AS PROPOSED ZONE 1, THE RESORT AREA, WITHIN THE PROPOSED LAKE CROOK PLANNED DEVELOPMENT DISTRICT (LCPDD), FROM AGRICULTURAL DISTRICT (A) TO LAKE CROOK PLANNED DEVELOPMENT Regular Council Meeting December 16, 2013 Page 5 DISTRICT, ZONE 1, THE RESORT AREA, SAID LAKE CROOK PLANNED DEVELOPMENT DISTRICT IS COMPRISE OF 3,000 +/- ACRES OF LAND, IN ADDITION OT 1000 +/- ACRES OF LAKE AREA; LOCATED AT TH EXTREME NORTHWEST QUADRANT OF THE CITY OF PARIS, LAMAR COUNTY, TEXAS, 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. 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. Mayor Hashmi stated the city planner had done an outstanding job and this was a giant leap into the future. City Council discussed the plan and asked Mr. Efrussy questions with regard to several sections of the plan. Specifically, Mr. Efrussy explained that sub -zones 7 and 8 were flood plains and that sub -zone 7 would be used for softball fields and sub -zone 8 for hiking and biking trails. Following a discussion regarding a time limitation of three to five years for developers to begin to build once property was acquired, City Council preferred the three year limitation. Mr. Efrussy explained the boat - related uses, the parking and that the requirement of a landscape architect was a requirement for someone putting in a sub - division, not a requirement for an individual resident. A Motion to approve this item was made by Council Member Drake and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. Mayor Hashmi said if okay with Council, he would like to move item 19 forward. A Motion to move item 19 forward was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 19. Discuss and act on RESOLUTION NO. 2013 -041: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AN ECONOMIC INCENTIVE AGREEMENT BETWEEN THE PARIS ECONOMIC DEVELOPMENT CORPORATION AND THE JAMES SKINNER BAKING CO., MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. PEDC Executive Director Steve Gilbert reported that PEDC called a special meeting and approved a $1,179,000 five year incentive for Skinner Bakery. Mr. Gilbert said Skinner purchased the former Sara Lee facility in December 2012, with plans to invest $25,000,000 and the creation of 393 jobs. Skinner CEO Audie Keaton expressed appreciation for community support and said as of that date Skinner had 126 full -time people employed at the facility. Mr. Keaton said he met with representatives from HWH and within 24 to 36 months they planned to put in the largest freezer distributor in Paris. Regular Council Meeting December 16, 2013 Page 6 A Motion to approve this item was made by Mayor Hashmi and seconded by Council Members Frierson, Lancaster and Wright. Motion carried, 7 ayes — 0 nays. 18. Discuss and select an engineering firm(s) to design utilities project at Cox Field Airport and surrounding areas. Mr. Godwin said the City issued a Request for Qualifications in November seeking a qualified engineering firm, the City received seven proposals, and that a staff committee consisting of the utilities director, inspector, city engineer and himself numerically ranked each firm on a five -part scale. Mr. Godwin also said the highest scoring firm was Huitt - Zollars, the second highest was Teague Nall & Perkins and next was Neel- Schaffer & Cheatam tied with Alan Plummer Associates, Inc. City Council heard from Chris Schmitt, Principal of Teague Nall & Perkins about the company's profile. Following the presentation, Mayor Hashmi inquired of City Engineer Shawn Napier if he had studied the current system and the impact of infrastructure. Mr. Napier answered in the affirmative and said the current system was undersized. Council Member Grossnickle asked who owned the lines and Mr. Napier said the City owned some of the lines, but meters were owned by Lamar County Water Supply. Mayor Hashmi recessed City Council at 6:55 p.m. and reconvened City Council at 7:09 p.m. City Council next heard from Greg Wine, Principal of Huitt - Zollars about the company's profile. Mr. Wine told Council that they had partnered with local firms Hayter Engineering and Chaney Engineering. Mayor Hashmi inquired of Reeves Hayter as to why he decided to partner with Huitt- Zollars. Mr. Hayter said they decided Huitt was the best firm of the firms who had contacted Hayter Engineering. Council Member Grossnickle inquired of Mr. Hayter if his firm would be stressed having two projects of this magnitude. Mr. Hayter said he did not believe so, because they had five teams. City Council heard from Bruce Grantham of Grantham & Associates and Derek Cheatham of Cheatham & Associates, who explained they had merged with Neel- Schaffer. Mr. Cheatham gave a presentation about the company's profile. Mayor Hashmi inquired of Mr. Grantham if they would need local partners. Mr. Grantham said he was confident they had sufficient staff to handle this project but could hire some locals. Mr. Grantham said he would first want to know the schedule of local firms. Mr. Grantham suggested this project be packaged with other projects in order to hopefully get better pricing. City Council heard from David McPherson, Principal and Ross Standifer, Project Manager from Alan Plummer Associates. Mr. Standifer gave a presentation about the company's profile. Council Member Wright inquired if there would be local participation and Mr. Standifer said yes they would have local participation with regard to project management. Mayor Hashmi inquired what would happen should a local not want or could not do the project Regular Council Meeting December 16, 2013 Page 7 management. Mr. Standifer said they could bring someone in or meet with staff through a remote system. Following presentations, City Council discussed the companies and that each was willing to include local participation. Mayor Hashmi asked for recommendations from staff. Mr. Napier said his initial thought was Neel- Schaffer, but after hearing the presentations he was leaning towards Teague Nall & Perkins. Engineering Technician Justin Oliver said they were all good firms. Public Utilities Director Doug Harris said his evaluation was included in their packets. Mr. Godwin said after hearing the presentations, he recommended Teague Nall & Perkins or Neel- Schaffer. Mayor Hashmi said his first choice was Neel - Schaffer and Cheatham & Associates and his second choice was Huitt - Zollars. Council Members Wright, Jenkins, and Grossnickle favored Neel- Schaffer and Cheatham. Council Member Lancaster favored Neel - Schaffer and Cheatham with Huitt - Zollars as her second selection. Council Member Frierson asked for additional discussion, in that he wanted to look at the associated costs. He asked Shawn Napier for an estimate of the costs and Mr. Napier said roughly 5.5 million dollars but that would depend on the approach. Council Member Frierson inquired if the design would cost over $500,000 and Mr. Napier confirmed that it would. Council Member Frierson said he was concerned about return on investment of this project. Mayor Hashmi said Council previously voted on this item, to which Council Member Frierson acknowledged. Council Member Frierson said Teague Nall & Perkins was his first choice followed by Neel- Schaffer. Council Member Drake said her first choice was Neel- Schaffer followed by Teague Nall & Perkins. A Motion to select and begin contract negotiations with Neel- Schaeffer and Cheatham & Associates with the stipulation of local involvement, and that Council Members Wright and Lancaster be included in the contract negotiations was made by Mayor Hashmi and seconded by Council Member Jenkins. Motion carried, 7 ayes — 0 nays. 21. Discuss and act on amendments to the Personnel Policies to include a provision for buy- back of sick leave. HR Manager Sandy Collard explained the personnel policy review committee agreed to consider reinstituting a sick leave sell back policy to encourage less absenteeism and increase morale. Mrs. Collard said the City had such a policy from 1983 until 2004, but this proposed amendment was much more conservative in that the employee must have accumulated at least thirty -five (35) days of unused sick leave as of October 1, and no less than five (5) days up to a maximum of ten (10) days could be sold back at one time. Mrs. Collard also said that an employee who uses more than five (5) days of sick leave during the twelve (12) month immediately prior to October 1 would not be eligible for sell back that year. Mr. Godwin estimated the cost of the policy this year to be $117,500. Council Member Drake asked if they would know the exact cost during the budget process and Mr. Godwin answered in the affirmative. Regular Council Meeting December 16, 2013 Page 8 A Motion to approve this item was made by Council Member Drake and seconded by Council Member Grossnickle. Motion carried, 7 ayes — 0 nays. 22. Discuss and act on a Home Repairs Loan Program. Mr. Godwin said the Council had agreed to pursue a loan guarantee program working with local financial institutions to help stop deterioration of certain owner - occupied homes in Paris. He said the program would include roof repairs, replacement of broken windows, closing holes in exterior walls and items of that nature. Mr. Godwin also said the loans would actually be made by participating financial institutions, with the City making those loans more viable by guaranteeing up to $2,500. Mr. Godwin explained if there were any costs, they would be paid from funds previously set aside for demolitions. Following a brief discussion, it was a consensus of City Council to delete the words elderly /disabled and set aside $100,000 instead of $50,000 for the program. Mr. Godwin said if the Council approved this item, he would need to get the program criteria approved by the bankers. A Motion to approve this item with the stipulations it be forwarded to the bankers and if any changes were made that Mr. Godwin was to bring it back to City Council, was made by Council Member Wright and seconded by Mayor Hashmi. Motion carried, 7 ayes — 0 nays. 23. Receive report regarding the ice storm from the City Manager and Department Heads. Council Member Drake said she requested this report to hear how the City responded to the ice storm and what was learned from the responses. Prior to hearing the report, she applauded citizens for coming together during this disaster and the employees working in the field. Mr. Godwin reported that department managers met in preparation of a possible ice storm on Tuesday, December 3�d. He said that they divided the City into four quadrants and opened the Emergency Operations Center early Friday morning on December 6t . Mr. Godwin gave a detailed report, which included downed power lines, clearing of the streets, the drop off sites for brush, curb pick up of brush, utility issues, staffing levels, overtime, church shelters, volunteer groups, and that a disaster declaration was signed by the Mayor and data was submitted to the State. Council Member Drake said the biggest problem during this ice storm was the mis- communication and lack of communication. Council Member Drake also said she would like for the emergency plan that was in place to be reviewed. Mayor Hashmi asked that in the future when the City becomes aware of the possibility of this type of disaster that the information be provided in advance to the citizens through the Code Red Alert System. 25. Consider and approve future events for City Council and /or City Staff pursuant to Resolution No. 2004 -081. Mayor Hashmi said at the first meeting in January a representative was going to give a presentation about changes in health care. Mr. Godwin reminded everyone that the Christmas parade was rescheduled to December 21St I Regular Council Meeting , December 16, 2013 Page 9 Citing this at the last Council meeting of the year, Mayor Hashmi asked Council Members to forward any suggestions for the upcoming year. Mayor Hashmi expressed appreciation to Council Members, the residents, media and employees for all of the hard work throughout the year. He specifically referenced three major projects, which were the Bond Election, the Lake Crook Development Plan, and the Airport. 26. 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 9:35 p.m. K 9 NICE toaoELLIS, CITY CLERK