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01/27/2014MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS January 27, 2014 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, January 27, 2014, 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; 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; and Doug Harris, Utilities Director Absent: Council Member: Matt Frierson 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 Grossnickle led the pledge. 4. a. Citizens' Forum. Mayor Hashmi said there had been some confusion about when the citizens would have an opportunity to speak about the smoking ordinance and asked those citizens to wait until they reach the agenda item. Mayor Hashmi also said with council's permission, he would allow citizens to speak longer than two minutes on the item. Charles Waldrum, 105 E. Sherman — he said that while working on incentives for downtown businesses, that Council should also work on incentives for downtown residences. He also said the tenant was required to hook a pipe to the water main but the fire marshal says it is Regular Council Meeting January 27, 2014 Page 2 unnecessary to do that. He also said the fire marshal said all that was needed was two outlets. He asked that changes be considered. James Price, 1230 Shiloh = he invited everyone to attend the Life Changing Crusade and said tickets were $10.00. Steve Ekstrom, 725 Medalist — he praised city employees for their work at the civic center operation site for debris. b. Proclamation declaring the month of February as Project H.O.P.E. After reading the proclamation, Mayor Hashmi presented it to Ms. Fleming. 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 Drake and seconded by Council Member Lancaster. Motion carried, 6 ayes — 0 nays. 5. Approve the minutes from the City Council meeting on January 13, 2014. 6. Receive reports and /or minutes from the following boards, commissions, and committees: a. Paris Public Library (11 -20 -2013) b. Historic Preservation Commission (12 -4 -2013 & 12 -18 -2013) c. Planning and Zoning Commission (12 -3 -2013) d. Main Street Advisory Board (12 -17 -2013) e. Paris Economic Development Corporation (12 -10 -2013 & 12 -16 -2013) 7. Receive December monthly financial report. 8. Receive December drainage ditch maintenance report. 9. Receive dilapidated structure report. 10. Approve RESOLUTION NO. 2014 -001: 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 SECOND SATURDAY IN MAY 2014, SAME BEING THE 10TH DAY OF MAY 2014, FOR THE PURPOSE OF ELECTING MEMBERS OF THE PARIS CITY COUNCIL IN DISTRICTS 1, 2, 3 & 6 FOR THE ENSUING TWO YEARS; DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; AND DECLARING AN EFFECTIVE DATE. Regular Council Meeting January 27, 2014 Page 3 11. Approve RESOLUTION NO. 2014 -002: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING THE EXECUTION OF 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 AND SPECIAL BOND ELECTION FOR MAY 10, 2014, FOR THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 12. Approve RESOLUTION NO. 2014 -003: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AFFIRMING THAT THE CITY OF PARIS HAS COMPLIED WITH THE REQUIREMENTS OF THE PUBLIC FUNDS INVESTMENT ACT; AMENDING THE CITY'S INVESTMENT POLICY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 13. Approve RESOLUTION NO. 2014 -004: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CASTING ALL OF THE CITY OF PARIS' 677 VOTES FOR JIM NOBLE FOR MEMBERSHIP ON THE 2014 -2015 BOARD OF DIRECTORS OF THE LAMAR COUNTY APPRAISAL DISTRICT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 14. Approve RESOLUTION NO. 2014 -005: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, REQUESTING THE LAMAR COUNTY SHERIFF OR CONSTABLE TO RE -SELL TAX FORECLOSED PROPERTIES IN ACCORDANCE WITH TEXAS PROPERTY TAX CODE SECTION 34.05; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 15. Approve ORDINANCE NO. 2014 -002: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING AND REPLACING CHAPTER 28, SIGNS AND BILLBOARDS, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; PROVIDING RULES AND REGULATIONS APPLICABLE TO ON PREMISES SIGNS, OFF PREMISES SIGNS, BILLBOARDS, ELECTRONIC SIGNS, TEMPORARY SIGNS AND BANNERS; 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. Repaular Agenda 16. Presentation and discussion of a report from a council committee for development of Cox Field Airport. Regular Council Meeting January 27, 2014 Page 4 Mayor Hashmi said there had been some new developments and this item would need to be postponed to the next meeting. A Motion to table this item was made by Council Member Wright and seconded by Council Member Drake. Motion carried, 6 ayes — 0 nays. 17. Presentation and discussion of a report from a council committee to address curtailing drug trafficking and usage. Mayor Hashmi said that Council Members Drake and Jenkins had been working with Chief Hundley on this issue. Council Member Drake said after the committee meetings, she was hopeful of the community coming together in a concentrated effort on this matter. Chief Hundley reported that leaders from the District Attorney's Office, churches, and school districts attended their meetings and all agreed they needed to do more in the area of prevention. He said they learned of a program that the city of Greenville had enacted called "Drug Free Greenville" and they would be exploring that in more depth. Chief Hundley also said he was doing some reorganization of the police department, which would include a narcotics unit. Council Member Drake said they were trying to move on this as quickly as possible. 18. Discuss and act on a Resolution approving amendments to the Paris Economic Development Corporation tax abatement policy. Mayor Hashmi said that Council Member Wright and Council Member Lancaster were not informed of the committee meetings and asked that action be deferred until they had a chance to review the amendments. Ms. Barrentine explained the criteria of new proposed policies which included increasing the minimum investment from $250,000 to $1,000,000 and increasing the capital investment of $10,000,000 to $25,000,000. Ms. Barrentine also said there were additional proposed alternatives which included amount of investment, new jobs, existing jobs and sliding scale of percentages for tax abatements over a seven year period. Mayor Hashmi asked PEDC Chair Rebecca Clifford if it was helpful to have the city manager and one Council Member involved during the negotiation of tax abatements and Mrs. Clifford answered in the affirmative. A Motion to table this item was made by Council Member Drake and seconded by Mayor Hashmi. Motion carried, 6 ayes — 0 nays. 19. Discuss and act on RESOLUTION NO. 2014 -006: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AN ECONOMIC INCENTIVE AGREEMENT BETWEEN THE PARIS ECONOMIC DEVELOPMENT CORPORATION AND CAMPBELL SOUP SUPPLY COMPANY, LLC; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Ms. Barrentine explained this was a $500,000 incentive for a new single -serve juice manufacturing line to include employee training and cash for $25M investment, 50 new jobs and Regular Council Meeting January 27, 2014 Page 5 job retention. Operations President Ray Oldach expressed appreciation for the community support and for making this facility more competitive. A Motion to approve this item was made by Mayor Hashmi and seconded by Council Member Drake. Motion carried, 6 ayes — 0 nays. 20. Discuss and provide direction to staff on amendments to Section 17 -66 of the Code of ordinances, Smoking in Prohibited Places. Mayor Hashmi said at the last Council meeting, they heard from several citizens, as well as a group of middle school students about this subject and they were asked to update the City's smoking ordinance. Mayor Hashmi re- opened the citizen's forum so those wishing to address the Council could do so. John Kruntorad, 4110 Alpine — he suggested citizens petition the establishments to disallow smoking in their establishments. Dr. Ted McLemore — he said this was a message from the Center for Disease Control and there was a request sent to cities throughout the nation to impose these new smoking regulations, because of the serious detrimental effects on being exposed to second hand smoke. Steve Ekstrom, 725 Medalist — he said he was pro- smoking citing the detrimental effect on everyone. Erik Roddy, 3830 -42nd S.E. — he supported new regulations citing he had small children and they had to avoid places that allowed smoking. He said Paris loses retail sales because of smoking and he thought these new regulations would have a positive effect on the local economy. Vicki Horn, 215 -33rd S.E. — she supported the band on smoking and asked the Council to consider it. Deb Fleming and Crockett Intermediate School's Socrates class — they gave statistical information citing the danger of second hand cigarette smoke. Steve Grubbs, 2365 Wildwood Lane — he said he was humbled by the youth who had brought this issue forward and asked the Council to consider the fact, do the right thing and protect the health of Paris' citizens. Dr. Ed Clark, 3160 Allen Street — he said he did not think prohibiting smoking would hurt businesses. He said smoking was not allowed in hospitals or schools and to remember there is no safe level of second hand smoke. A.W. Clem, 2980 Hubbard — he said he had suffered from asthma his entire life and asked the Council to consider banning cigarette smoking. Regular Council Meeting January 27, 2014 Page 6 Dr. Celeste Wilcox, 4400 Smallwood Road — she said this was not about limiting people's individual decision to smoke and potentially ruin their health, because they still had a right to smoke in their home. She said this was about protecting the environment for everyone else who chooses not to be a smoker. Dr. Aubrey Gibbs, 3065 Mahaffey — she said the American Academy of Pediatrics stood behind this ban and that everyone needed to advocate for the children. Dr. Mauder — he said an ordinance was needed to keep second hand smoke from children. Ann Norman, 805 -42nd S.E. — she said she was there to support the young children and asked all those in attendance who were there to support the children to please stand. Jim Neeland, 2945 Briarwood — he said something had to be done and this was a start. Dr. Steve Graves, 3040 Aspen — he said there was no question second hand smoke was harmful but expressed concern about civil liberties. He said nicotine was very addictive and urged everyone to push for something to be done on a national level. Dr. Amanda Green, 4091 Stillhouse Road — she said the survey they conducted of the members of the Chamber of Commerce reflected that 71% of the people wanted a stronger ordinance. She said this was a public safety issue similar to regulations for fire safety and food safety. Jeff Martin — he said he owned five restaurants, all of which were smoke free. He said if he allowed smoking he believe it would hurt his business. Ray Banks, 3450 Robin Road — he said he did not think petitioning businesses would work, because they owners would not listen to someone who did not do business with them. He said smoking affects the entire body and to ban smoking would increase business. Rick Spann, 925 Cope — he said he was not a smoker, but saw this issue as a property rights issue for owners. Dr. Sherry Stott - she said second hand smoke makes children vulnerable to asthma, ear infections and lung cancer. She also said children did not have a voice in their surroundings and that a commitment should be made to the health of the children. Randi Hutchings — she said did not want children to have to grow up in an environment in which they could not breathe. Sissy Grubbs, 2365 Wildwood Lane — she said the Council had heard the facts, she asked them to pray about it and do the right thing. Regular Council Meeting January 27, 2014 Page 7 Mayor Hashmi said he was in favor of a smoking ban but it would need to be posted as an action item. Council Member Drake said she wanted to move forward with this. Council Member Grossnickle said second hand smoke was very harmful for everyone including employees of businesses, and favored a stricter policy. Council Member Lancaster supported going forward. Council Member Jenkins also said he wanted to move forward and he would like to see this go nationwide. Council Member Wright said he respected a person's rights and that of a business owner, but this was a big problem and something needed to be done to correct it. Mayor Hashmi asked city staff to post this item for the next agenda as an action item, as well as post a public hearing. Mayor Hashmi recessed City Council at 7:10 p.m. and reconvened into open session at 7:18 p.m. 21. Receive and discuss annual report and plans for the fire department. Fire Chief Larry Wright said in 2008, the east side fire station was closed, twelve jobs were cut, and the fire department struggled to keep firefighters because of the level of pay. He also said they had some equipment that needed to be replaced and one option was to pay for a fire truck over a ten year period. Chief Wright said he wanted to look at re- opening the east side station and maybe co- habitat with EMS. Mayor Hashmi said he was not in favor of a ten year lease purchase for a fire truck but would rather pay for it if the funds were available. Chief Wright said closure of the fire station in 2008 could possibly have an effect on the ISO rating. He also said the west side station was built in 1966 and the life of a fire station was thirty years. Mayor Hashmi said he would like to see a prioritized list prior to budget time, as did the other Council Members. 22. Discuss hiring of a public works director. Council Member Drake said she requested this item and that the position had been vacant for nearly one year. She emphasized this had nothing against the supervisory personnel at public works. She said the city manager had been overseeing public works and her concern was some of the issues over the last few months. Council Member Drake said the City was undertaking many big projects, one of which was the huge infrastructure project and she would like to move forwarding with hiring a public works director so the city manager could focus on the big projects. Council Member Grossnickle said he believed Mr. Godwin could make that decision, while Mayor Hashmi and Council Members Jenkins, Wright, and Lancaster said they wanted to move forward with the hiring of a public works director. It was a consensus of the City Council that the position be posted and advertised within the next two months. Mr. Godwin said if there were any specific problems with the department he needed to know so that they could be fixed. No specific problem was referenced by Council. 23. Discuss and act on incentives to encourage and assist downtown property owners and tenants to improve their facilities. Regular Council Meeting January 27, 2014 Page 8 Mayor Hashmi said they should wait on Council Member Frierson's input on this subject. A Motion to table this item was made by Council Member Drake and seconded by Council Member Lancaster. Motion carried, 6 ayes — 0 nays. 24. Discuss and award a bid to the lowest responsible bidder(s) for collection and disposal of ice storm debris and receive update on removal of debris. Mr. Godwin said twenty -two bids were received and he was recommending TNT Disaster Services, because they were the low bidder with $3.43 per cubic yard. Mayor Hashmi said he had concerns with the RFP specifically, how the cubic yards of brush was calculated. He wanted to know if it would be cheaper to chip prior to hauling the debris. He also said there was no dollar amount of insurance required in the RFP. TNT owner Tara Painter addressed the Mayor's concerns and informed City Council it would cost more to chip, it would take longer and the City would be disqualified for reimbursement from FEMA. Ms. Painter said TNT could clean up the City in three weeks and would leave a truck behind to catch up with the stragglers. Ms. Painter said she estimated they City had about 45,000 cubic yards. Mr. Godwin asked the Council to include in the motion an alternate bid in case something went wrong with the TNT. A Motion to award the bid to TNT and DRC as an alternate was made by Council Member Grossnickle and seconded by Council Member Drake. Motion carried, 6 ayes — 0 nays. 25. Appoint a council member to serve on the Joint PEDC /Airport Advisory Board Subcommittee. A Motion to appoint Council Member Lancaster to the Joint Subcommittee was made by Mayor Hashmi and seconded by Council Member Drake. Motion carried, 6 ayes — 0 nays. 26. Discuss the lengthy lane blockage of Grand Theater. Council Member Wright expressed concern over the length of time the lane had been closed in front of the Grand Theater citing it had been closed since October. Mr. Napier explained the roof had been repaired and they were working on the sign, which should be complete by the end of February. 27. Consider and approve future events for City Council and /or City Staff pursuant to Resolution No. 2004 -081. None were referenced. 28. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Drake and was seconded by Council Member Jenkins. Motion carried, 6 ayes — 0 nays. The meeting was adjourned at 8:30 p.m. Regular Council Meeting January 27, 2014 Page 9