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02/10/2014MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS February 10, 2014 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, February 10, 2014, at the City Council Chamber, 107 E. Kaufrnan, 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; and Doug Harris, Utilities Director Opening Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Pastor Bob Bush spoke in support of the smoking ordinance and gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. 4. a. Citizens' Forum. Jane Heilberg — she spoke in support of a smoking ban. James Alcorn, 870 41" S. E. — he said he wanted the city to grow and was confused by Dr. Swint's advertisement in the newspaper, because the lake belongs to the citizens. He suggested putting together a committee. Carol Hufnagel, 720 Bunker — she said the development of Lake Crook with cabins, food, trails, and boat docks would be an economic boost. Jackie Alsobrook, 4135 Misty Lane — she said she opposed selling Lake Crook. Regular Council Meeting February 10, 2014 Page 2 Troy Jones, Jr., 609 W. Sherman — he said he was opposed to selling Lake Crook but was fine with leasing property at the lake. Billy Parr, 938 County Road 31700 - he said Lake Crook was beautiful in the past and could be again if it was cleaned and restored. b. Proclamation declaring the month of February as Operation Tobacco Know. Mayor Hashmi read and presented the proclamation to Ms. Fleming and Crockett Jr. High School students. c. Proclamation declaring the month of February as Operation Save Your Skin. Mayor Hashmi read and presented the proclamation to Ms. Prakash. d. Proclamation declaring the month of February as Boy Scout Month. Mayor Hashmi read and presented the proclamation to Boy Scout members. 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 Frierson. Motion carried, 7 ayes — 0 nays. 5. Approve the minutes from the City Council meeting on January 27, 2014. 6. Receive reports and /or minutes from the following boards, commissions, and committees: a. Building and Standards Commission (12 -16 -2013) b. Paris Public Library Advisory Board (12 -18 -2013) c. Historic Preservation Commission (1 -8 -2014) d. Planning and Zoning Commission (1 -6 -2014) 7. Approve the final plat of Lot 1, Block A, Moore Auto Addition City Block 296, located at 495 NE 35th Street. 8. Approve the contract closeout with Richard Drake Construction Co. and authorize the final payment for the Bonham Street Sidewalk Project. Regular Council Meeting February 10, 2014 Page 3 Rep_ular Agenda 9. Discuss Lake Crook development with regard to the terms and conditions of Dr. Swint's donation. Mayor Hashmi said he placed this item on the agenda, so that the Council understood the limitations of the donation and that they could make an informed judgment, since it may influence what future City Councils may or may not be able to do. He said development of Lake Crook was a desire of the citizens. Mayor Hashmi said they wanted to protect the beautiful lake and surrounding area for all future generations, that they were faced with years of non- development with no plans of the lake's rejuvenation, and not enough funds to develop the property to its fullest extent. Mayor Hashmi also said that Dr. Swint was going to give a presentation to the Council at their next meeting. 10. Discuss and act on RESOLUTION NO. 2014 -007: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING AND ADOPTING GUIDELINES AND CRITERIA FOR TAX ABATEMENT AGREEMENTS IN THE CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to bring this item from the table was made by Mayor Hashmi and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. PEDC Assistant Executive Director Shannon Barrentine explained the committee met and made a few changes to the guidelines and criteria. Ms. Barrentine said the committee wanted to clarify to the City Council, County Commissioners and PJC Board, that the committee's job was to perform initial review and analysis of tax abatement applications received by PEDC and make recommendations to the governing bodies of the three local taxing entities for final decision, so the committee name would be changed to Tax Abatement Advisory Committee. Council Member Wright said the procedure will be reviewed in one year and the voting members consist of the city manager, county judge and PJC president or their designees. A Motion to approve the guidelines and criteria for tax abatement agreements was made by Mayor Hashmi and seconded by Council Member Wright. Motion carried, 6 ayes — 1 nay, with Council Member Frierson casting the dissenting vote. 11. Conduct a public hearing, discuss and act on AN ORDINANCE OF THE CITY OF PARIS, TEXAS, AMENDING IN ITS ENTIRETY ARTICLE III SMOKING REGULATIONS OF CHAPTER 17 OF THE CODE OF ORDINANCES FOR THE CITY OF PARIS, TEXAS; PROVIDING FOR A UNIFORM POLICY GOVERNING SMOKING IN ALL WORKPLACES AND PUBLIC PLACES IN THE CITY OF Regular Council Meeting February 10, 2014 Page 4 PARIS, TEXAS; PROVIDING A PENALTY CLAUSE; A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Kent McKee, co -owner of McKee's family restaurant — he opposed the smoking ordinance citing people had a right to smoke. Ashlee Matoon, 3505 Audubon — she said she appreciated individual freedoms but supported the smoking ordinance. She said it was heartwarming to see the next generation take this project on. James Stallings, 1330 -25th N.E. — he said if businesses wanted to allow smoking they should be able to do so, because they were the business owners. Elizabeth Anderson, 2630 Cleveland — she said this was America and you should have the right to smoke. Vicki Horne, 215 33rd S.E. — she said she supported the smoking ordinance and it was time to move forward with this. Marilyn Manifee, 3402 Cleveland — she said she was the widow of a vet who fought for America and she opposed the smoking ordinance, because it took away a freedom. Linda, 1107 E. Polk, owner of Sunset Lounge — she opposed the smoking ordinance and said it was a person's right to smoke and the Sunset Lounge was a private bar. David Collier, 4655 Deerhaven — he supported the smoking ordinance. Mark Rothfuss, 2810 Willowbend — he supported the smoking ordinance. Jaime Haley, 335 31St S.W., owner of Lucky's Vapor store — she opposed the inclusion of e- cigarettes and said vaporing had helped her quit smoking. Robin White, 519 CR 32505 — she opposed the smoking ordinance. She said this should be a non - issue, because it is a health problem. She said she could not believe smoking in public places was allowed here with so many other cities prohibiting it. Deborah McLemore — she said she supported the ordinance and she grew up in a smoking home, and that it does get in your lungs. She said at the very least smoking should be prohibited at the sports complex, because of the children. Regular Council Meeting February 10, 2014 Page 5 Taylor Wilson, 947 Pecan - she said she was against the smoking ordinance because it was an individual's right to smoke. Kaitlynn Hutchings, a student at Crockett Jr High School — she said it was a good idea to pass the ordinance, because she did not want to grow up in a dirty and unhealthy city. She said smoking affects all generations. Kayla Strickland, a student at Crockett Jr High School — she agreed with Katilynn citing the children of today are the future of tomorrow. Phillip - he said he owns a vapor store and opposes the ordinance, because he would not be allowed to let customers try the electronic cigarettes. Jeanette Renfro, employee of McKee's restaurant — she said she was against the smoking ban in restaurants, because that was taking her rights away. Dr. Steve Graves — he said it was a health issue versus a personal rights issue. He said if an ordinance was approved prohibited smoking in public places that was fine, but not an ordinance prohibiting smoking in private places. Kathryn Shagwell, 201 N. Collegiate, vapor store owner — she said it was unfair to group electronic cigarettes with the other cigarettes. She said electronic had few chemicals and cigarettes had 599 chemicals. Norm Hawthorne, 1428 Fairfax — he said he was against the smoking ordinance, because a year ago he started vaporing to quit smoking. He said they should not tell property owners what they could and could not do and they were infringing on business owners. Tim Briscoe, 4020 Castlegate — he said he was against the smoking ordinance and this was a free country. Steve Ektrum, 725 Medalist — he said he supported the smoking ordinance. Rachel Kain — she said she worked for the National Heart Association and she supported the ban of smoking in all public places. She said lung cancer was the third leading cause of death. She said open containers of alcohol were not allowed in vehicles, that people were required to wear seatbelts when in vehicles and that restaurants were required to keep food at a certain temperature, which were all health issues. She further said the Council had a duty regulate for public health reasons. Regular Council Meeting February 10, 2014 Page 6 Sara Allen — she said was with the American Cancer Society and that smoke free policies do work. She also said everyone had the right to breathe smoke free air. Crystal Prince — she said she worked for the American Cancer Society and everyone knew that smoking causes cancer and all types of health problems. She said that she lived in Texarkana, which had a no smoking restriction for years. She also said the restaurants were full of people. Troy Jones, Jr. — he said he worked at the Sunset Lounge and they should not tell the owners what to do. Patrick Durham, owner of Red River Saloon and Ramada Inn — he said smoking should be allowed, because if not there would be a negative effect on the economy. Name not given, 4001 Lakeshore — she said she moved to Paris from Colorado and fifteen years ago when Colorado instituted a smoking ban that the economy went down. She said she was against the smoking ordinance and the free market would take care of it. Gaven Holje, Crockett Jr High School student — he said he had asthma and would not go to a restaurant that allowed smoking, because he could not breathe. Dr. Amanda Green — she said when something was shown to be for the common good that it should be enacted. She asked the Council to do what was right and just. Dr. Ted McLemore, 2775 -41 st S.E. — he said the Center for Disease control recommended a nationwide mandate, because second hand smoke not only affects adults, but children too. He asked for a commitment to support the smoking ordinance. Andrew Mural, an employee of Vaporffics - he asked Council to distinguish between the e- cigarettes and cigarettes. Name not given - he thinks the ordinance should be amended to take out e- cigarettes. Dr. Cliff Kerby, 230 34th NE - he said he supported the ordinance, that some children were not represented and some parents may not be aware of the dangers of second hand smoke. Crystal, 603 S.W. 3rd — she questioned shouldn't employees be allowed to smoke and said it should be up to the business or individual. Regular Council Meeting February 10, 2014 Page 7 Tamesha, manager for Lucky Vapor — she said she worked at a vapor store and e- cigarettes should not be prohibited. Rita McFatridge, employee of McKee's for 23 years — she said she opposed the ban, because of the rights of property owners. Wesley Tidwell, Crockett Jr. High School student — he said when he researched the facts that one in every three people died from a tobacco related disease. Elizabeth Anderson — she said she was against the smoking ordinance, because she had rights. Jim Petikus — Crockett Jr. High School student — he asked people to please not smoke in public places, because it hurt other people. Christopher Michael — on behalf of business owners, he asked that scientific data on e- cigarettes be provided. With no one else speaking, Mayor Hashmi closed the public hearing. Mayor Hashmi said this was an important issue and hot topic, because it dealt with public health and protection of rights. He said after hearing both sides, they needed to find a balance and recommended a task force be formed comprised of an equal number from both sides to review the ordinance. Council Member Wright said it was unfair to have children exposed to second hand smoke, that there was too much government and said he would be fine with a task force. Council Member Drake said they needed to review this in depth and would like to see a task force formed. Council Member Jenkins said the biggest issue was protection of the children, that he wanted to get more information on the e- cigarettes and favored a task force. Council Member Frierson said he could not support the ordinance in its entirety; he wanted to know how it was going to be enforced and was leaning more toward this being a business owner right. Council Member Lancaster said she was in favor of a task force to study the issues. Council Member Grossnickle said the Council was dodging this issue and there were countries which had banned smoking in public. He also said CVS had that very day decided to stop selling tobacco products. He said he was in support of the ordinance and he expressed concern about kids thinking e- cigarettes were cool. Council Member Grossnickle said the public pays the tax bill for irresponsibility. Mayor Hashmi said he was for a smoking ordinance in which both sides were good with the conclusion. Regular Council Meeting February 10, 2014 Page 8 A Motion to form a task force of equal numbers of supporters and non - supporters for the ordinance to be led by Council Members Grossnickle and Frierson was made by Mayor Hashmi and seconded by Council Member Wright. Council Member Grossnickle said he did not want to serve, because he could not be fair. Both Council Members Grossnickle and Frierson declined to serve on the task force. Mayor Hashmi said he would volunteer his services, as did Council Member Drake. A Motion to form a task force comprised of equal numbers of both side was made by Mayor Hashmi and seconded by Council Member Wright. Motion carried, 6 ayes — 1 nay, with Council Member Grossnickle casting the dissenting vote. Mayor Hashmi asked those persons interested in serving on the task force to give their contact information to the city clerk. 12. Receive and discuss annual report and plans for the Police Department. Police Chief Bob Hundley presented the police department's annual report, which included staffing levels, the issue of employee retention, equipment, animal control, statistical information for arrests and motor vehicle accidents, as well recognition of the department for the Best Practices Program. Following the report, Chief Hundley answered questions from City Council. 13. Presentation and discussion of the annual racial profiling report. Chief Hundley said Dr. Fritsch was unable to be at the meeting due to weather conditions. A Motion to table this item was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 14. Discuss and take action on guidelines for community garden participation. Kristy Farmer said she created an application based on guidelines received from Mr. Godwin, and further said they wanted to make some changes but she had not spoken to Mr. Godwin about the changes. Mayor Hashmi suggested she meet with Mr. Godwin about the proposed changes prior to the Council taking action on this item. A Motion to table this item was made by Mayor Hashmi and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 15. Receive and act on update of storm debris removal. Mr. Godwin explained that as of yesterday, a little over 31,000 cubic yards had been collected and TNT was about two - thirds finished with the removal. Mayor Hashmi inquired how much had been spent to date and Mr. Godwin said a little over $100,000 had been spent with TNT and also said some of the $250,000 had been spent on the temporary contractor hired prior Regular Council Meeting February 10, 2014 Page 9 to TNT. Mr. Godwin expressed concern that TNT would not be able to complete the removal for the amount budgeted and asked for authority to spend up to $50,000 should it be needed. TNT owner Tara Painter answered questions from Council as to why some debris was being left at some houses and not others and confusion on her part as to the routes with regard to streets outside the loop. A Motion to authorize the city manager to spend up to $50,000 for storm debris removal was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 16. Discuss and take action on an agreement with Neel- Schaffer and Cheatham to provide engineering services for utilities at Cox Field and surrounding areas. Mr. Godwin explained the contract required preliminary planning in addition to typical design and construction work and that plan costs were $196,910. He said that the engineering costs, which included design, easements, and construction services was $600,175. Mr. Godwin also said that the water and sewer were broken into three phases each, some of which may not be built. He told the Council that Neel - Schaffer originally requested total compensation of $876,210 but they had agreed to a not -to- exceed amount of $797,085. A Motion to approve an agreement with Neel- Schaffer and Cheatham was made by Council Member Lancaster and seconded by Mayor Hashmi. Motion carried, 7 ayes — 0 nays. 17. Convene into Executive Session pursuant: • Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal advice from the City Attorney about pending or contemplated litigation and /or on matters in which the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State of Bar of Texas, clearly conflict with this chapter as follows: attorney request for waiver of conflict. • 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: a. city manager b. public works director. Mayor Hashmi convened into City Council into executive session at 8:27 p.m. Regular Council Meeting February 10, 2014 Page 10 18. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Hashmi convened City Council into open session at 9:22 p.m. Mayor Hashmi said there was discussion about the public works director and on behalf of the City Council, he instructed the city manager to post the public works director position at the earliest date. Mayor Hashmi said they learned of a letter from Mr. Phil Smith about him representing the Paris Lakes Medical Center. He said Mr. Smith had done work for PEDC in the past and wanted to be sure there was no conflict and wanted to know if it was okay with the City for him to represent Paris Lakes. It was a consensus of the City Council to issue a letter to Mr. Smith to inform him the City did not have a problem with him representing Paris Lakes. A Motion to authorize the Mayor to sign a letter in response to Mr. Smith's request was made by Council Member Frierson and seconded by Council Member Drake. 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. None were referenced. 20. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Frierson and was seconded by Council Member Drake. Motio carried, 7 ayes — 0 nays. The meeting was adjourned at 9:25 p.m. Q4-%� alo J ICE ELLIS, CITY CLERK