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05 - APPROVE MINUTES FROM 04/13/2015Item No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS Apri113, 2015 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, April 13, 2015, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Matt Frierson Council Members: Richard Grossnickle; Aaron Jenkins; Sue Lancaster; Benny Plata; Edwin Pickle; and A.J. Hashmi City Staff: John Godwin, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Jerry McDaniel, Public Works Director; Bob Hundley, Police Chief; and Kent Klinkerman, EMS Director Opening Agenda 1. Call meeting to order. Mayor Frierson called the meeting to order at 5:30 p.m. 2. Invocation. Pastor Aldridge gave the invocation. 3. Pledge of Allegiance. Council Member Grossnickle led the pledge. 4. a. Citizens' Forum. Bruce Carr, 845 42nd Street — he said last month the Morningside residents thought the matter had been resolved with the Recyclers Depot location on Lamar Avenue. He also said he understood that an appeal by the Glicks may be headed to the Board of Adjustment. Mr. Carr appealed to the Council to ensure that responsible decisions prevail and to affirm, if necessary the action to deny the Lamar Avenue site for industrial salvage. Ken Kohls, 3935 Brandyn Place — he said a few weeks ago he informally asked Mr. Godwin to provide the citizens of Paris with an explanation of how the building permit was issued in error for the Tristate Company, how to prevent an occurrence and to date this had not happened. Mr. Kohls requested a formal commission, committee or panel to be appointed to investigate this matter. He said the commission should include members of the City Council, citizens and selected city staff. He said the citizens needed to know the procedures used in the Regular Council Meeting April 13, 2015 Page 2 decision making process, who made the decision and where the management oversight was because this could possibly lead to a financial liability and was an embarrassment to the City. Vic Ressler, 4020 Holbrook — he said it was his understanding the Glicks were appealing the revocation letter. He said it was also his understanding that State law, a Supreme Court ruling and the information on the City web -site limited their appeal process to administrative actions that were taken by City employees or City officials. He said in this case, that was not the case, that this item was voted on by the City Council and it was his understanding that same State law says the Board of Adjustment could not override a decision made by the Planning and Zoning or any of the elected officials. Mr. Ressler questioned why this was going to the Board of Adjustment and said he saw that they had no standing whatsoever, no jurisdiction over this question and he thought it was a mistake to let this go forward to that board. Mr. Ressler said if this goes forward and that board takes action on it, the City would have even bigger problems. Ed Ellis, 1015 SE 42nd Street — he said he served as the president of the Greater Paris Development Foundation. He said the foundation received the railroad corridor from the middle of Paris all the way to Clarksville, Texas' west city limits from a deed from Union Missouri Pacific Railroad back in 1996. Mr. Ellis said that was after a Federal Statute was passed allowing railroads to transfer ownership of their rails they were no longer using under the Rails to Trails Program. He also said the requirement was that those properties would follow the guidelines and in effect created trails along the guidelines and could not erect any permanent construction in the event the railroads wanted to bring back their rail lines. Mr. Ellis said some years ago the foundation did a lease with the City and the City was to maintain part of the trail. Mr. Ellis also said the trail between Collegiate and the loop was in bad need of repair and expressed concern about possible hazardous issues if something was not done quickly to improve it. He said the trail counter reflected there was up to 700 people a day using the trail. Mr. Ellis reported that the Lamar County Commissioners' Court approved an extension of the trail from Blossom all the way to the Red River County line. He also said the Red River County Commissioners' Court also approved an extension of the trail from the west boundary line of Red River County all the way to the City of Clarksville. On behalf of the foundation, Mr. Ellis requested that action be taken to maintain the trail. Greg Wilson, 3155 Clark Lane — he reiterated Mr. Ellis' comments about the trail and added that it would not be long before the NETTC would be very similar to the Katy Trail and that Paris should anticipate hundreds of thousands of people riding through the town when the trail was completed. He also said it was an asset and felt strongly that it needed to be maintained to the best of its ability. Mr. Wilson said it was the future for economic development through tourism and encouraged the Council to support maintenance of this portion of the trail. Jill Drake, 3605 Summerhill — she said she was an avid trail supporter. She reiterated Mr. Ellis and Mr. Wilson's comments and added the trail was in need of repairs for safety reasons. Regular Council Meeting April 13, 2015 Page 3 Mary Clark, 3160 Allen — she reiterated what others said about the trail and encouraged the Council to restore the trail between Collegiate and the loop. Mrs. Clark said it should not be a surprise that this part of trail was in bad shape, because it was the oldest part of the trail. Pat Cochran, 1025 Johnson Woods — she said she was an advocate for the trail. Mrs. Cochran said she served on the Citizen's Advisory Committee for the City of Paris Parks, Recreation and Open Space Master Plan and data collected indicated that the majority of respondents viewed better maintenance of the existing facilities as a high priority need. She also said it was one of the most widely used recreational facilities in the City and many people use the Collegiate Drive trail head as an access point. She said she hoped the Council voted to make an investment needed to restore the integrity of the surface so it could be consistent with the high quality of the newer sections of the trail. David Cook — he said he and a lot of his fellow Master Naturalists maintained the butterfly gardens along the Trail de Paris and the trail was one of the crown jewels of Paris and Lamar County. He urged the Council to really think about maintaining the trail, because when the Chamber recruits people for the Tour de Paris bicycle rally and other things, the Trail de Paris is always something they talk about. Ray Banks, 3450 Robin Road — he referenced the Airport Advisory Committee minutes of their meetings on November 20 and January 15 regarding the AgPro land sale. He said the minutes reflected Shawn Napier saying if the purchase took place the airport would receive $90,000. Mr. Banks urged Council to put that money in the general fund to budget where needed. Mr. Banks said with regard to the Trail de Paris, he would like to ask Mr. Ellis to give the City of Paris the same deal that they gave Lamar County and referred to a Paris News article dated March 24th. Mr. Banks said the news reported the trail for the Roxton Project and the Lynx Foundation for the Blossom Project would contribute a 20% match and the Greater Paris Foundation would agree to maintain the trails with no cost to the County at all. Mr. Banks said the City was spending hundreds of thousands of dollars on this trail and the County was spending zero. He said the City should try to see if they could get some assistance. Johnna Beshirs — she said she was the race director for the Turkey Trot and the race normally turns out about 400 people every year on the trail. Mrs. Beshirs said the current deteriorating conditions of that section of the trail were no longer safe and they were looking for different venues to move this race to. She urged the City to address the trail maintenance. Carol Hufnagle, 720 Bunker Street — she suggested the City take up a collection of those who were using the trail and interested in the trail instead of the tax payers having to pay for the repair of the trail. Stephanie Connot — on behalf of the Lamar County Coalition of Education Business and Industry, she spoke of rehabbing the trail. She said they had a program called Kids Marathons and they utilized the trail for two events related to this project. Regular Council Meeting April 13, 2015 Page 4 Earl Erickson, 106 Hideaway Lane, Powderly, Texas — he asked all those they came out to support the trail to please stand and then asked all of those who were for the trail to please stand. b. Proclamation declaring the month of April as "Operation Wildcat Pride" month. Mayor Frierson read the proclamation and presented it to Deb Fleming, along with her sixth grade students from Crockett Intermediate School. C. Proclamation declaring the month of April as "Project P.R.I.D.E." month. Mayor Frierson read the proclamation and presented it to Deb Fleming, along with her sixth grade students from Crockett Intermediate School. d. Proclamation recognizing Margie Bell for her outstanding achievements and contributions to the community. Mayor Frierson read the proclamation and presented it to Mrs. Bell. e. Proclamation recognizing Jackie Alsobrook for her outstanding achievements and contributions to the community. Mayor Frierson read the proclamation and presented it to Mrs. Alsobrook. Consent Agenda Mayor Frierson inquired of Council Members if they wished to pull any items from the Consent Agenda for discussion. Council Member Hashmi referred to the airport board minutes as related to the $90,000 and asked for an explanation as to where the funds could be spent. Mr. Godwin said they were still trying to determine that, but it was his understanding that the FFA rules require that the City spend that money on the airport. Council Member Hashmi said if that ended up being the case, that the Council had not decided if it would be used for resurfacing or for another expense. Mr. Godwin confirmed it was the responsibility of the City Council to decide what the money would be spent on. Council Member Plata asked for discussion on the amendment to the ordinance on junked vehicles. He wanted to know how long a car could sit and Assistant City Attorney Stephanie Harris said it was not a question of how long it could sit but if it meets the definition of a junked vehicle. Council Member Plata said he had a 69 Camaro he was restoring it and had not been inspected and wanted to know if that was considered a junked vehicle. City Attorney Kent McIlyar explained there was an exception for special interest vehicles. Following additional discussion, a Motion to approve the consent agenda was made by Council Member Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. Approve the minutes from the City Council meeting on March 23, 2015. Regular Council Meeting April 13, 2015 Page 5 6. Receive reports and /or minutes from the following boards, commissions, and committees: a. Planning & Zoning Commission (1 -5 -2015 & 3 -2 -2015) b. Paris Public Library Advisory Board (2 -18 -2015) c. Paris Convention & Visitors Council (1 -29 -2015) d. Board of Adjustment (8 -4 -2014) e. Airport Advisory Board (11 -20 -2014 & 1 -15 -2015) 7. Approve RESOLUTION NO. 2015 -020: 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. Award a bid to the highest bidder for the sale of scrap meters, brass, copper and miscellaneous scrap metal. 9. Approve the Final Plat of Lot 1, Block A, Offutt Properties, LLC Addition No. 2 CB 94, located at 805 North Main Street. 10. Approve the Final Plat of Lot 1, Block A, Fuller Addition CB 232, located at 1360 West Campbell Street. 11. Approve the Final Plat of Lot 1, Block A, Cleta Hicks Addition CB 87, located at 817 West Campbell Street. 12. Approve the Final Plat of Lot 1, Block A, Moore Addition CB 175 -A, located at 1107 Grove Street. 13. Approve the Final Plat of Lot 1, Block A, Chapman Addition CB 227 -A, located at 1846 East Booth Street. 14. Approve the Final Plat of Lot 1, Block A, Kammer 197 Addition, located at 1728 Maple Avenue. 15. Approve ORDINANCE NO. 2015 -010: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 19 -16, "DEFINITIONS," AND 19 -20, "NOTICE," OF CHAPTER 19, ARTICLE II, "JUNKED VEHICLES," OF THE CODE OF ORDINANCES OF THE CITY OF PARIS; PROVIDING THAT /FOR THE DEFINITION OF A JUNKED VEHICLE BE CHANGED PURSUANT TO AUTHORIZATION FOUND IN SECTION 683.071 AND 683.0711 OF THE TRANSPORTATION CODE; PROVIDE FOR CLARIFICATION THAT THE NOTICE PROVISIONS IN SEC. 19- 20APPLY ONLY TO ABATEMENT OF JUNKED VEHICLE NUISANCES; MAKING OTHER FINDINGS AND PROVISIONS Regular Council Meeting April 13, 2015 Page 6 RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Regular Agenda 16. Conduct a public hearing, discuss, and act on ORDINANCE NO. 2015 -011: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, EXTENDING, AMENDING AND RE- DESIGNATING THE REINVESTMENT ZONE ENCOMPASSING THE KIMBERLY -CLARK PLANT PROPERTY IN PARIS, LAMAR COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO IN ACCORDANCE WITH CHAPTER 312 OF THE TEXAS TAX CODE; MAKING OTHER FINDINGS THERETO AND PROVIDING AN EFFECTIVE DATE. Mr. McIlyar said KC was a valued corporate partner in the City and had been for over twenty -five years. He said they have had various enterprise zone and reinvestment zone designations over the years and the item before City Council was to extend KC's reinvestment zone. Mr. McIlyar said KC had continued the requirement of retaining a work force in excess of 650 full -time employees and continued to invest funds into the plant. Mayor Frierson opened the public hearing and asked for anyone wishing to speak in favor or opposition of this item, to please come forward. With no one speaking, Mayor Frierson closed the public hearing. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Hashmi. Motion carried, 7 ayes — 0 nays. 17. Discuss Trail de Paris reconstruction and provide direction to staff. City Manager John Godwin explained the section of the Trail de Paris between the loop and Collegiate was deteriorating and Council Member Plata had asked that they discuss some of the needed work before the trail deteriorates further. Mr. Godwin said they had two options and one included full prep, rock, and subgrade reconstruction which would cost approximately $181,000. In addition, he said the City would complete grubbing and drainage repairs in -house and restripe it at an additional cost of around $31,800. Mr. Godwin said a lower option cost would be to overlay the existing trail with two inches of compacted hot mix asphalt and that would cost approximately $116,000 plus the additional work that would be done by the City. Mr. Godwin explained the second option would last probably ten years, which was a shorter life cycle than the first option. He said the funds were not budgeted for this work, but the work could be spread out over more than one budget year. Council Member Plata inquired how long it would take to do half of the trail. Public Works Director Jerry McDaniels responded if they opted for overlay, it would take a couple of Regular Council Meeting April 13, 2015 Page 7 weeks and if they opted to re -do the base it would take approximately four weeks. Council Member Hashmi inquired about the duration of each option. Mr. Godwin said the option that included full prep would last about twenty years and in the long run would be less expensive per foot. Council Member Hashmi inquired of Bill Loranger his opinion and Mr. Loranger said it was better to do it right. Council Member Pickle said this was budgeted over the last five years, the City had underspent the funds for this project and the remainder was placed back in the general fund. Council Member Hashmi inquired if they could get the same funds that the County got. Mr. Godwin said he was not familiar with how they got those funds. Earl Erickson said that the Greater Paris Foundation still has the right -of -way to the property but donated it to the Paris for a period of 99 years with stipulation that the City would maintain it. Mayor Frierson said the trail was designed to be a benefit to the community and he thought they should fix it the right way and make it last. Council Member Plata asked about a start time and Mr. Godwin said it would have to be bid out. A Motion to reconstruct this portion of the trail going with the $181,000 option was made by Council Member Pickle and seconded by Council Member Plata. Motion carried, 7 ayes — 0 nays. 18. Convene into Executive Session pursuant to 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 Bar of Texas, clearly conflict with this chapter, as follows: • JS Baking, LLC (Skinner Bakery) Agreements; • Board of Adjustment, Appeal Process, Composition, Policies & Procedures; • Ben Glick, d/b /a Tri -State Iron & Metal's Appeal /claim. Mayor Frierson convened City Council into executive session at 6:43 p.m. 19. Reconvene in Open Session and possibly take action on those matters discussed in Executive Session. Mayor Frierson reconvened City Council into open session at 7:25 p.m. 20. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. Council Member Hashmi referenced Mr. Kohl's request and asked that an item be placed on the next agenda to create a fact finding commission to learn what went wrong on the permitting issue so that this does not happen again. Regular Council Meeting April 13, 2015 Page 8 21. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Plata. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 7:26 p.m. MATT FRIERSON, MAYOR JANICE ELLIS, CITY CLERK