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04/14/2014MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS April 14, 2014 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, April 14, 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; 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 Ben Read gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. 4. a. Citizens' Forum. James Price, 1230 Shiloh — he said there were many houses on the west side of town that had burned and needed to be torn down. b. Proclamation recognizing the achievements of Paris Jr. High School Science Students. After reading the proclamation, Mayor Hashmi and Council Member Drake presented the proclamation to the students. c. Proclamation declaring the month of April as Safety Digging month. Regular Council Meeting April 14, 2014 Page 2 After reading the proclamation, Mayor Hashmi presented the proclamation to Mr. Lewis, representative for Atmos. d. Proclamation recognizing the service to our community provided by the Paris -Lamar County Health District. After reading the proclamation, Mayor Hashmi and Council Member Wright presented proclamations to Mrs. Prestridge and Mrs. Yeager. 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 Members Wright and Frierson. Motion carried, 7 ayes — 0 nays. 5. Approve the minutes from the City Council meetings on March 24, 2014 and March 31, 2014. 6. Receive reports and /or minutes from the following boards, commissions, and committees: a. Building and Standards Commission (1 -22 -2014 & 2 -17 -2014) b. Traffic Commission (12 -3 -2014 & 2 -14 -2014) c. Paris Public Library Advisory Board (2 -19 -2014) d. Planning and Zoning Commission (3 -7 -2014) e. Airport Advisory Board (2 -20 -2014) f. Main Street Advisory Board (I -14 -2014 & 3 -11 -2014) 7. Approve RESOLUTION NO. 2014 -011: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A PROCLAMATION DECLARING THE MONTH OF APRIL AS FAIR HOUSING MONTH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 8. Approve Office Equipment Center Addition city block 103 final plat. 9. Approve Easlon 306A Addition replat. 10. Approve RESOLUTION NO.2014 -012: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING A PRIVATE RE -SALE OF BID -OFF TAX PROPERTIES TO RAYMOND ETHRIDGE OR HIS DESIGNEE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE and RESOLUTION NO. 2014 -013: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING A PRIVATE RE -SALE OF BID -OFF TAX PROPERTIES TO SKYLER Regular Council Meeting April 14, 2014 Page 3 BURCHINAL OR HIS DESIGNEE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 11. Accept the bid and award a contract for the construction of single - family homes under a Home Program Grant received from the Texas Department of Housing and Community Affairs (TDHCA) to Phil Milford /Cypress Creek Construction. 12. Approve an agreement with Sharon Malone, M.D. to serve as Medical Director of the Emergency Medical Services of the City of Paris. 13. Approve RESOLUTION NO. 2014 -014: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING AN INTERLOCAL AGREEMENT BETWEEN LAMAR COUNTY, TEXAS, THE CITY OF PARIS, TEXAS, AND THE CITY OF RENO, TEXAS, (HEREINAFTER THE "PARTIES ") FOR LAW ENFORCEMENT SERVICES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 14. Approve RESOLUTION NO. 2014 -015: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING AN APPLICATION FOR AN AUTOMOBILE BURGLARY & THEFT PREVENTION; AUTHORIZING GRANT FOR CONTINUATION OF THE NORTHEAST TEXAS AUTO THEFT TASK FORCE; THE TOTAL OF THE GRANT IS EXPECTED TO BE $129,501.00 WITH A CASH MATCH FROM THE CITY TOTALING $49,744.00 ALONG WITH A $1,000.00 "IN- KIND" MATCH IN THE 2014 -2015 POLICE BUDGET FOR A TOTAL OF $180,245.00; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Regular Agenda 15. Discuss and consider proposed Economic Development Policy, with Lamar County Chamber of Commerce retail committee. City Manager John Godwin informed City Council of the progress made during the meetings with the Chamber of Commerce retail committee. He explained the benefits of having a policy, which included chapter 380 agreements. A Motion to approve the policy was made by Council Member Drake and seconded by Mayor Hashmi. Motion carried, 7 ayes — 0 nays. Regular Council Meeting April 14, 2014 Page 4 A Motion to reopen item 13 was made by Mayor Hashmi and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. Mayor Hashmi inquired about liability issues with regard to officers working in different jurisdictions. Chief Hundley said there would be no additional liability. A Motion to approve the item was made by Mayor Hashmi and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 16. Receive project update on phase 1 of the TWDB water line replacement project, and discuss and act on Change Order #1 in the amount of $18,383.02. A Motion to remove this item from the table was made by Council Member Drake and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. City Engineer Shawn Napier said the job was not complete and the major problem was the old 20 -inch cast iron pipe that needed to be taken out of service. He also said during the last several weeks, crews had not been able to accomplish this task due to broken valves and unmarked water lines. Mr. Napier told Council that McInnis Brothers was in the process of hiring a local asphalt contractor to repair and /or replace the cut streets. Mr. Napier said McInnis requested an additional 45 day extension and if that request was granted liquidated damages as of April 14 were in the amount of $5,850.00. He recommended that the contract be ended with McInnis Brothers and the work completed by City crews. Council Member Wright did not favor a change order in the amount of $18,383.02 because of the lack of quality work, the streets were a mess and they did not complete the job on time. Council Member Drake agreed with Council Member Wright. Mr. Godwin recommended tabling the item until April 28. Council Member Frierson said there were some major things that were going to need to be resolved and that would take some time. Mr. Godwin said by contract, the city was required to pay for the increase, but that staff could bring options back to the next Council meeting. Council Member Wright expressed displeasure with McInnis for tearing up the street and not properly repairing it. He inquired about the bond money. Mr. Godwin said Council would need to decide what percentage they wanted to spend on street repair. Council Member Frierson suggested they perhaps have a workshop to discuss this issue. Mr. Godwin said Contract B would come to the Council in June. Council Member Drake confirmed that the change order was due to items McInnis had purchased and already placed in the ground. Mayor Hashmi inquired about the penalty amount and Mr. Napier replied it was $150.00 a day. Council Member Lancaster expressed concern about the mess McInnis had made out of the street. Mr. Godwin said the City had McInnis' bond money and recommended that this item be tabled. A Motion to table this item was made by Council Member Drake and seconded by Council Member Jenkins. Motion carried, 7 ayes — 0 nays. 17. Discuss and act on RESOLUTION NO. 2014 -016: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS NOMINATING POTTERS INDUSTRIES, LLC PROJECT TO THE OFFICE OF THE GOVERNOR FOR ECONOMIC DEVELOPMENT AND TOURISM THROUGH THE ECONOMIC DEVELOPMENT BANK FOR DESIGNATION AS A QUALIFIED BUSINESS AND Regular Council Meeting April 14, 2014 Page 5 ENTERPRISE PROJECT UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE; AUTHORIZING THE CITY OF PARIS TO PARTICIPATE IN THE TEXAS ENTERPRISE ZONE PROGRAM; PROVIDING TAX INCENTIVES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Godwin said PEDC had received a request from Potters Industries seeking a nomination for an enterprise zone project designation for its expansion project. He said the designation would permit certain refunds of State sales and use tax. A Motion to approve this item was made by Mayor Hashmi and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 18. Discuss, conduct a public hearing, and act on ORDINANCE NO. 2014 -004: 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, BLALOCK ADDITION, LOCATED AT 5055 OLD CLARKSVILLE ROAD IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT (A) TO A SINGLE- FAMILY DWELLING DISTRICT NO. 2 (SF -2); 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. Mr. Napier said Mrs. Blalock petitioned the zoning change so that she could build one single - family home. He also said that Planning and Zoning Commission voted unanimously to recommend this change. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. Ray Banks, 3450 Robin Road, inquired if there was water and sewer on the property. Mr. Napier said it would be on a septic system. With no one else speaking, Mayor Hashmi closed the public hearing. A Motion to approve the zoning change was made by Council Member Frierson and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 19. Discuss, conduct a public hearing, and act on ORDINANCE NO. 2014 -005: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOT 8, CITY BLOCK 61, LOCATED AT 614 5TH STREET N.E. IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A TWO- FAMILY DWELLING DISTRICT (2F) TO A GENERAL RETAIL DISTRICT (GR); DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A Regular Council Meeting April 14, 2014 Page 6 SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Napier explained that property owner Ms. Odessa King requested this zoning change, so that she could expand the parking lot for the funeral home. He also said that Planning and Zoning Commission voted unanimously to recommend this change. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Hashmi closed the public hearing. A Motion to approve the zoning change was made by Council Member Lancaster and seconded by Council Member Wright. Motion carried, 7 ayes — 0 nays. 20. Receive and discuss annual report and plans for the public works department. Mr. Godwin gave a report for the various divisions of the public works department, which included streets, the garage, traffic & sanitation, recreation, water & sewer, parks & drainage, and administration. He gave an outline of needed equipment for the upcoming year. He said that they were going to need to address the parks division during budget specifically the need for additional employees. Mr. Godwin said three interviews for the public works director position were scheduled for the next week and two more were scheduled the following week. 21. Accept the bids and award a contract to GWG Wood Group in the amount of $54,000 for the grinding/chip and removal of brush and stumps as a result of the winter ice storm. Mr. Godwin said in the initial phase of the cleanup, city staff burned debris in order to handle the huge volume but at a very slow rate due to the size and type of equipment. He said an outside contractor was preferred to get rid of the backlog. Mr. Godwin told the Council bids were advertised and only one bid was received. He recommended awarding the bid to GWG Wood Group from unappropriated reserves. A Motion to approve this item was made by Council Member Drake and seconded by Council Member Jenkins. Motion carried, 7 ayes — 0 nays. 22. Consider and approve future events for City Council and /or City Staff pursuant to Resolution No. 2004 -081. Mayor Hashmi asked the city clerk to post a possible quorum for the candidate forum scheduled for April 24. City Clerk Janice Ellis reminded everyone of the trash -off scheduled for Saturday at 7:30 a.m. 23. Adjournment. There being no further business, a Mot: Frierson and was seconded by Council Member meeting was adjourned at 6:40 p.m. NICE ELLIS, CIT CLERK Regular Council Meeting April 14, 2014 Page 7 on to adjourn was made by Council Member Drake. Motion carried, 7 ayes — 0 nays. The A.J. HASHMI,