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03/24/2014MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS March 24, 2014 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, March 24, 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; 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; Doug Harris, Utilities Director; and Priscilla McAnally, Library Director Openine Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Pastor Cannon gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. 4. a. Citizens' Forum. Jackie Alsobrook, 4135 Misty Lane — she said Lake Crook did not need to be developed and should be kept in the natural state. Michael Glatfelter, 1345 S.E. 6`h Street — he said the Lake Crook Development Project and the smoking ordinance should be on a ballot. Kay Kamm, 8980 Carpenter Freeway, Dallas, Texas, representative of American Cancer Society — she said that over 70% of Texans support smoke free public places and that everyone should have a right to work in a smoke free environment. She also asked Council to consider adopting the ordinance in the original version first presented to Council. Regular Council Meeting March 24, 2014 Page 2 Rachel Kain, representative of American Cancer Society — she cited Paris as one of the lowest ranking healthy cities and stated that being smoke free would help economic development, because companies looked at health as a factor. She asked that the Council consider adding bars back into the ordinance. LaShonda McKnight, Tyler, Texas, ET Health Northeast — she asked that they continue to work together in support of programs like Fit Paris. Linda Vandiver, 540 NE 21St, committee member for non - smoking side — she said the ordinance was not about rights, but was about public health. She asked that Council adopt the ordinance at this meeting and in the future consider prohibiting sales of electronic cigarettes to minors. Jerry Haning, 1213 Pine Bluff, committee member for smoking side — he said he was a smoker, and they should leave it up to the individual with regard to smoking. b. Public Announcements. • Proclamation supporting the Mayor's Day of Recognition for National Service. After reading the proclamation, Mayor Hashmi presented the proclamation to Susan Kahn. Consent Agenda Mayor Hashmi inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Council Member Drake asked for discussion on item 7, to which Finance Director Gene Anderson answered questions about franchise fees. 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 meetings on March 10, 2014 and March 17, 2014 (special). 6. Receive reports and /or minutes from the following boards, commissions, and committees: a. Airport Advisory Board/Paris Economic Development Corporation (1 -16 -2014 and Airport Advisory Board (1 -21- 2014); b. Historic Preservation Commission (1 -27- 2014); c. Paris Economic Development Corporation/Airport Advisory Board Subcommittee (2- 6- 2014). 7. Receive February monthly financial report. Regular Council Meeting March 24, 2014 Page 3 8. Receive February drainage ditch maintenance report. 9. Receive dilapidated structure report. 10. Approve the Final Plat of Lot 1, Block A, Blalock Addition, located in the 5000 block of Old Clarksville Road. 11. Discuss and act on RESOLUTION NO. 2014 -009: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AUTHORIZING AND APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT), AND AUTHORIZING AND APPROVING A SECOND AMENDMENT TO THE ADVANCE FUNDING AGREEMENT FOR THE SAFE ROUTES TO SCHOOL PROJECT WITH TXDOT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT AND DECLARING AN EFFECTIVE DATE. Regular Aizenda A Motion to move item 20 forward was made by Council Member Wright and seconded by Mayor Hashmi. Motion carried, 7 ayes — 0 nays. 20. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -0081. Mayor Hashmi said he was honored and pleased to announce that Republican candidate for Governor, Texas Attorney General Greg Abbott was scheduled to be in Paris on May 8. He said details were being worked out for his visit and would be announced at a later date. City Manager John Godwin said he would like to schedule a special meeting on Monday at 5:30 p.m. to award a bid for Contract A for Phase I of the 2013 Capital Improvement Program. 12. Discuss and act on criteria and guidelines for the Home Improvement Loan Program. Mayor Hashmi expressed appreciation to Mr. Rhodes of Lamar National Bank, Mr. Cecil of Liberty National Bank, Mr. Amos of First Federal Community, and Mr. Nutt of Guaranty Bond Bank for their participation and partnership with the City in creation of this program. Mayor Hashmi said the program was designed to help stop deterioration of homes. Carl Cecil said the participating banks were committed to up to a loan of $5,000 with $2,500 being guaranteed by the City, so the banks would not be placing liens against the property. He said applicants would first have to be qualified by City staff according to the criteria and then would go to one of the four participating banks for loan approval. Mayor Hashmi asked if code enforcement would be leaving property owners notification about the program and Mr. Godwin answered in the affirmative. Mr. Godwin said the applicant must own and reside in the home, that there could be no liens on the property or taxes owed on the property. Mr. Cecil added that Regular Council Meeting March 24, 2014 Page 4 the monthly payment for this type of loan would be $94.00 with an interest rate of 5 %. Following a discussion about the criteria, it was a consensus that the provision that the client must be elderly or disabled be removed and that foundations be added to list of allowable repairs. Subject to removing the elderly clause and adding foundation to the acceptable repairs, a Motion to approve this item with the proposed changes was made by Mayor Hashmi and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 13. Discuss and act on ORDINANCE NO. 2014 -003: AN ORDINANCE OF THE CITY OF PARIS, TEXAS, AMENDING ARTICLE III, SMOKING REGULATIONS OF CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; PROHIBITING SMOKING IN PUBLIC PLACES IN THE CITY; MAKING OTHER FINDINGS AND PROVIDING CERTAIN EXCEPTIONS RELATED TO THE SAME; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Mayor Hashmi said he favored recommendations made by the task force. Council Member Lancaster agreed. Council Member Frierson said he understood both sides and was comfortable with moving forward with the ordinance. Council Member Drake expressed concern about the health of the community and stated the task force worked diligently to reach a resolution. Council Member Grossnickle said he favored the original ordinance, which included bars and electronic cigarettes. Council Member Wright said he felt young children needed to be protected and that they should follow the task force's recommendations. Council Member Jenkins said he was comfortable with the recommendations made by the task force. A Motion to approve the ordinance as originally written was made by Council Member Grossnickle. Motion failed for lack of a second. A Motion to approve the ordinance as recommended by the task force was made by Mayor Hashmi and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 14. Discuss and act on a recreation center for the citizens of Paris. Mayor Hashmi said this was a discussion item only, that he and Council Member Jenkins had worked on this item and that Council Member Jenkins would give a presentation to Council. Council Member Jenkins said the object was to provide an indoor rec center to residents of the community and they were attempting to find ways to develop a center without a lot of expense to tax payers. He said the City currently owns a 5.5 acre lot on the loop with a pool and that the sale of that property might raise $450,000 to $500,000. He also said they might possibly charge some type of minimal fee to help offset operation costs. Council Member Jenkins said the other options were to build a new facility or acquire a facility and add it as an additional service, both of which would require spending much more money. He outlined the estimated costs, which include the purchase price of Aerofit, repairs, operations and overhead expenses. Mayor Hashmi asked local realtor Vic Ressler to provide input about property value. Mr. Ressler emphasized this was not an appraisal, but based on property recently sold and estimated value of the loop Regular Council Meeting March 24, 2014 Page 5 property to be between $390,000 up to over $500,000. He said that in 2008, the Aerofit property was on the tax roll for 1.1 million dollars. Mayor Hashmi said the previous owners of Aerofit had the first right of refusal; that if the City purchases the property the hospital has indicated they would be willing to give the City a parking lot; and that if Council wished to pursue this further that additional information would be obtained. Mayor Hashmi also said they could not look at a recreation center as a profitable endeavor, but rather as a service to the citizens. Council Member Drake said this would be good for the youth and would like more details. Council Member Frierson said the concept was good and he would like to see more numbers. Council Member Grossnickle said it was a good idea and was willing to consider if everything worked out. He inquired if there were covenants and City Attorney Kent McIlyar said they were still in place and that would have to be addressed. It was a consensus of the City Council that more information was needed and Mayor Hashmi asked that this item continued to be placed on future agendas. 15. Receive presentation from Mayor Hashmi regarding the Lake Crook Project. Mayor Hashmi said there were a lot of rumors circulating, which is why he wanted to give this presentation. He began his presentation with objectives for the project, one of which was to create higher paying jobs and hopefully result in a growth to the tax base without increasing taxes. Mayor Hashmi said the lake was not going to be sold; that the president of Pakistan was not buying the lake or coming to live in Paris, Texas; that the water was not going to be sold; that there were no money laundering deals going on; and that there was no secret plan being hidden by the Council. Mayor Hashmi said this Council had been most active, transparent and the City Council kept to its word when they promised to conduct the 45 million dollar bond and not raise taxes or water rates. He emphasized this Council's achievements with beginning with a new infrastructure plan, dilapidated houses had been demolished, that tax delinquent properties were sold, and that progress had been made toward general cleanup of the City, curtailed excessive and inappropriate use to taxpayer's monies, and above all brought more transparency to the government. Mayor Hashmi said in order to reach the objective, there needed to be a large development, or a park similar to Disney or Six Flags, or a simpler project primarily to be used by Lamar County and surrounding areas. He said the Council had been looking at creation and allocation of land for trails around the lake for biking and skating; creation of open park spaces; allocation of land around the lake for development of cafes and restaurants; development of a city owned golf course; incorporation of both Archers for Christ and the Gun Club into the project; and boating on the lake and facilities for fishing and other sports. He referenced the possibility of creation of some sort of residential property without encroachment on the lake, where the citizens have complete and total access to the lake for their use and at the same time, the City generates money from property taxes. Mayor Hashmi depicted slides from other resort areas that included planned development sub - zones. He said it was a fact that Lake Crook had been neglected for years. Mayor Hashmi outlined obstacles that would have to be overcome, such as Federal Regulations, Corps of Engineers, EPA, and finances. He also said that the development, sale, lease of any project around US waterways and lakes were controlled by the Army Corp of Engineers and were federally regulated. Mayor Hashmi pointed out that the waters' edge belonged to the Corp. He emphasized that the lake Regular Council Meeting March 24, 2014 Page 6 could not be sold and only if one showed that the purpose was to preserve nature could they overcome some of the obstacles; however, it would require a long and tedious permitting process that was guided by federal guidelines. Mayor Hashmi also touched on the EPA regulations and said there would need to be proper engineering and an environmental protection plan. Next, Mayor Hashmi discussed estimated costs associated with the Lake Crook Project. He said dredging of lake would cost millions of dollars; that development of just a circular tract around the lake was estimated at one million dollars; and that infrastructure would require millions of dollars. He also said these estimated costs were the bare minimum, which is why a major investor or investors was necessary to bring this project to fruition. Mayor Hashmi said the Council would continue to work on the Lake Crook Project, they needed support from the citizens and that Council would keep the public informed of progress. 16. Conduct a public hearing, discuss and act on a variance request from Zulu Internet, Inc. to place a 190 foot tower within 500 feet of land zoned agriculture from Zulu Internet, Inc. City Engineer Shawn Napier explained that Mr. Harms wanted to purchase the property from Jerry Pitcock and install a 190 -foot guyed tower on the property. Mr. Napier said the proposed 190 -foot tower would be constructed in the middle of the lot, the collapse zone would be contained on the property in question and that the nearest residential structure was over 600 - feet away to the west from the base of the proposed tower. Mr. Napier recommended approval of the variance request. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. Jerry Pitcock of Pitcock's Wrecker and John Harms, owner of Zulu Internet, spoke in support of this variance request. Mayor Hashmi asked for anyone wishing to speak in opposition of this item to please come forward. With no one else speaking, Mayor Hashmi closed the public hearing. A Motion to approve the variance was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 17. Receive project update on Phase I of the TWDB water line replacement project, and discuss and act on Change Order #1 in the amount of $18,383.02. Mr. Napier said the first phase of the project was awarded to McInnis Brothers Construction in April 2013 for $1,815,202.91, that construction began in July 2013, and should have been finished in late January. He said the project started off well, but they encountered several problems, which included delays due to weather, city lines that were in the way, and some delays due to the contractor. Mr. Napier said the contractor had asked for an additional ninety days to complete the work, but city staff and the project engineer had agreed to sixty. Mr. Napier said this would set a new substantial completion date of March 21, and they should be able to assess liquidated damages of $150 per day until the contract was completed at an acceptable standard. Mr. Napier confirmed the contractor underbid the project. Mr. Napier apologized to the City Council, the city manager and the citizens for the delays and the manner Regular Council Meeting March 24, 2014 Page 7 in which this project had been handled and recommended that action be delayed on the change order until April 14. City Council expressed concern that city staff was not monitoring this project on a timely basis. Council Member Frierson said this was embarrassing and asked for the end date. Mr. Napier told him the project should be completed by April 24th. Council Member Wright said there had been a lot of complaints and this had been a long learning curve for staff. Mr. Godwin recommended that Council not approve the change order. A Motion to table this item was made by Council Member Drake and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 18. Receive the Paris Economic Development Corporation Board's Plan of Work for FY 2013 -14. PEDC Interim Executive Director Shannon Barrentine presented the Board's adopted plan of work for FY 2013 -14. Ms. Barrentine explained the goals, which included 1) securing primary jobs through industrial recruiting and business retention and expansion; 2) strengthening local education and workforce training programs to meet employer needs; 3) strengthening PEDC's operations; and 4) marketing airport as industrial site ready. Ms. Barrentine said the Board would be considering funding options to implement the plan of work by allocating $75,000 in the approved budget. Chair Rebecca Clifford the Board decided to limit scope of work to two areas, workforce training and promotion of the airport. 19. Discuss and act on RESOLUTION NO. 2014 -010: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING AN INTERLOCAL COOPERATIVE AGREEMENT BY AND BETWEEN LAMAR COUNTY, TEXAS ( "COUNTY ") AND THE CITY OF PARIS, TEXAS ( "CITY ") CREATING A PUBLIC HEALTH DISTRICT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Finance Director Gene Anderson said the City of Paris and Lamar County had a long standing relationship with the Health Department. He further said that in recent years an effort had been made to formally clarify this relationship and determine how best to aid the Health Department in achieving its public service goals. Mr. Anderson reported the Health Department had made significant improvements to its operations under its new Board of Directors and new executive director Gina Prestridge. He said the Health Department approved the agreement at their February meeting. Under the agreement, Mr. Anderson reported the City's current budget commitment to the Health Department of $75,000 annually would remain in place for three years and then be renegotiated. A Motion to approve the agreement was made by Council Member Frierson and seconded by Mayor Hashmi. Motion carried, 7 ayes — 0 nays. Regular Council Meeting March 24, 2014 Page 8 21. 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 7:40 p.m. 1 ICE ELLIS, CITY CLERK