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05 - MINUTES OF 02/08/2016 COUNCIL MEETINGItem No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS February 8, 2016 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, February 8, 2016, at the City Council Chamber, 107 E. Kaufrnan, Paris, Texas. Present: Mayor Pro -Tem: Sue Lancaster Council Members: Aaron Jenkins; Benny Plata; Matt Frierson; and Edwin Pickle City Staff: John Godwin, City Manager; Stephanie Harris, Interim City Attorney; Janice Ellis, City Clerk, Gene Anderson, Finance Director; Carla Easton, City Engineer; Larry Wright, Fire Chief; Bob Hundley, Police Chief; Doug Harris, Utilities Director; Jerry McDaniel, Public Works Director; and Kent Klinkerman, EMS Director Absent: Council Members: Mayor A.J. Hashmi and Council Member Clifford Opening Agenda 1. Call meeting to order. Mayor Pro -Tem Lancaster called the meeting to order at 5:30 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Mayor Pro -Tem Lancaster led the pledge. 4. Citizens' Forum. Billy Bell, 2054 Cleveland — he said they purchased property on 17th SE and the biggest problem they had was a drainage issue in front of Doc's Marina. He spoke in support of Paris Transit. Michael Glatfelter, 1345 S.E. 6th — he said new housing must be built but that the new housing on the agenda tonight would probably be voted down. He also said they should look at placing housing in District 5, because there were a lot of run -down houses in that district. Mr. Glatfelter said they needed to look at certificates of occupancy. Regular Council Meeting February 8, 2016 Page 2 Mary Watson, 4235 Sunrise — she said she had a petition from the homeowners on Sunrise Street opposing the apartment development. She turned the petition into the City Clerk. James Price, Shiloh — he said they needed sidewalks on Shiloh Street. Brenda Cherry, 1442 Fitzhugh — she said at the last meeting she was shocked, because people thought affordable housing was Section 8 and it was not. Ms. Cherry said Paris needs affordable housing and the apartments in Paris were old. Consent Agenda Mayor Pro-Tern. Lancaster 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 Frierson and seconded by Council Member Pickle. Motion carried, 5 ayes — 0 nays. 5. Approve minutes from the meeting on January 25, 2016. 6. Receive reports and /or minutes from the following boards, commissions, and committees: a. Building & Standards Commission (11 -16 -2015) 7. Approve a lighting policy for the Plaza. 8. Approve ORDINANCE NO. 2016 -002: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHPATER 5 — ANIMALS AND FOWL OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS TO REFLECT CHANGES IN THE STATE STATUTES ALONG WITH CHANGES IN THE MANNER OF KEEPING ANIMALS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; 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. Regular Agenda 9. Conduct the first public hearing on an Ordinance of the City Council of the City of Paris, Texas, disannexing two tracts of land, each being a 5.025 acre tract located in the Wesley Askins Survey, Abstract No. 7, being lots Fourteen (14) and Sixteen (16) of the Wildwood Estates Subdivision, according to the Plat of such Addition recorded in Envelope 321 -A, Lamar County Plat Records, in the City of Paris, Lamar County, Texas, more particularly described in Exhibit "A ", in response to landowner requests for disannexation; adjusting city boundaries to reflect new city limits; making other findings and provisions related to the subject; providing a repealer clause, a severability clause, a savings clause; and declaring an effective date. Regular Council Meeting February 8, 2016 Page 3 Mayor Pro -Tem Lancaster opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. With no one speaking, Mayor Pro -Tem Lancaster closed the public hearing. Interim City Attorney Stephanie Harris said the second public hearing would be conducted on February 22. 10. Receive public input, discuss and act on a Resolution of the City Council of the City of Paris, in Texas in support of the Brownstone Group, Inc.'s application to the Texas Department of Housing and Community Affairs (TDHCA), and the proposed development of Paris Senior Village to be located at the Southeast corner of Sunrise Drive and 42nd Street NE; approving the request for a de minimis contribution for development of an 80 unit rental housing community for adults aged 55 and up; making other findings and provisions related to the subject; and providing an effective date. City Manager John Godwin introduced Jeremy Mears, vice - president of Three B Ventures, Inc. Mr. Mears gave a presentation about the proposed construction of Paris Senior Village and explained the tax credit. Council Member Frierson inquired how the locations were selected. Mr. Mears said the areas were selected based on the lowest poverty areas and selection was made by the State. He said there should not be added traffic concerns because most of the people living there would not be driving vehicles. Council Member Pickle expressed concern about the existing problems with water running behind Morningside and asked Mr. Godwin if this would work. Mr. Godwin said some of the engineering in the past had not been held to standard, but if this was engineered correctly it would work. Council Member Plata inquired if people under 55 were going to be allowed to live in the complex. Mr. Mears said they could not deny a grandparent who allowed a grandchild to live with them. Council Member Frierson asked Council when considering this to remember the City was losing tax base when disannexing properties, and the city needed new development. Mayor Pro -Tem Lancaster asked for anyone wishing to give public input to please do so. Syble Colson, office location of 819 Lamar — she renewed her previous objections from the other two projects. She said the lowest poverty level area is not where affordable housing is needed. Ms. Colson said this proposed project was at the end of a narrow street and she was doubtful that an ambulance and fire truck could both get down there at the same time. Johnny Exum, 4560 Pine Mill Road — he said Mr. Mears was from Houston and he was in Paris trying to make a buck. He also said he believed this property was zoned for single family, and apartments should not be built on it. Lynn Wells, 365 S.E. 42"d — she said that both she and her husband were over 65 and both drive. She said the area was an extremely dangerous traffic area. Mrs. Wells also said she did not believe the City was interested in drainage. Regular Council Meeting February 8, 2016 Page 4 Kelly Garrett, State Street Housing — he said the cities of Reno and Paris had their project on their agendas on the same night and that the city of Reno passed it while the city of Paris tabled their project. Mr. Garrett said the proposed site they selected was better than the site presented to them by Brownstone. Cody Kelley — he spoke in favor of this item citing the elderly needed more housing. Council Member Frierson said as a Council they needed to look at potential investments in the City. A Motion to approve this item was made by Council Member Frierson. Council Member Pickle said he was in support of this project, but it was not fair to support one when they had already turned down two. He said at least one of the other projects were doable. Council Member Frierson said he could bring it back and Council Member Pickle asked if they could bring one of the others back for approval. Mr. Godwin said one of the members of the prevailing side could place it back on an agenda for reconsideration or Council Member Frierson could, because he was not at the last meeting. Mayor Pro -Tem Lancaster asked Council Member Frierson if he wanted to withdraw his Motion. Council Member Frierson withdrew his Motion. A Motion to table this item, bring this project and the State Street Housing Project back at the next Council meeting was made by Council Member Pickle and seconded by Council Member Plata. Motion carried, 5 ayes — 0 nays. 11. Discuss and act on proposed amendments to the Paris Economic Development Corporation's budget for fiscal year 2015 -16. PEDC Executive Director Michael Paris explained that the PEDC Board had requested budget amendments that included the hiring of an Executive Director, moving and relocation expenses for the new Director, the use of contract labor of office staff, adding three projects under the Direct Business Incentives, taking out the incentive amount for J Skinner New Hires and adding to the Capital Expenses for 2305 NW Loop 286. Mr. Paris further explained the amendments decreased the PEDC budget. A Motion to approve the amendments was made by Council Member Frierson and seconded by Council Member Pickle. Motion carried, 5 ayes — 0 nays. 12. Award a bid and approve an agreement with Richard Drake Construction Company, LP, for South Collegiate Drive Reconstruction from Clarksville Street to Big Sandy Creek Bridge. Mr. Godwin informed Council the reconstruction would provide two lanes with a center left turn lane from Clarksville Street to Big Sandy Bridge, that the low bidder was Richard Drake Construction in the amount of $984,414.15 with alternative bids including the contract amount Regular Council Meeting February 8, 2016 Page 5 was reduced to $975,903.15. He said construction was expected to last five months. City Engineer Carla Easton answered questions from Council. A Motion to approve an agreement with Richard Drake Construction Company, LP was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 5 ayes — 0 nays. 13. Discuss and act on a request for funding for the Paris Metro route. Mr. Godwin said this item was discussed at the last meeting and that Council Member Pickle was recommending the City provide $25,000 for the next three years which would be $75,000 total to complete the required local grant match of just over $100,000. Mr. Godwin said they could commit to $25,000 this year, but only let their intentions be known for the two following years. Council Member Pickle confirmed with Mr. Godwin that the City had agreed to provide shelter construction assistance and to manufacture and install route signage. A Motion to fund Paris Metro route in the amount of $25,000 this year with the intention of committing $25,000 for each of the two following years was made by Council Member Pickle and seconded by Council Member Plata. Motion carried, 5 ayes — 0 nays. 14. Discuss and authorize the city attorney to proceed with disannexation proceedings as requested, from the following property owners: • Terry & Dedra Dollins, 3356 FM 79 • Peter & Lisa Zacharias, 3388 & 3384 FM 79 • Jessie Tucker, 3930 FM 79 • O.B. McCuin, 3928 FM 79 • Stacy & Shelia Pendergraft, 3790 FM 79 • Ronald Dockray, 3197 FM 79 • Carolyn Patterson, 2 acre tract, Rt. 1, FM 79 and 2.5 acres, FM 79 • Arthur & Joyce Lay, 3248 FM 79 • Carol Diggs, FM 79 Mr. Godwin said at the January 25 City Council meeting they discussed requests from several property owners on FM 79 for disannexation from the City who were not receiving water or sewer service from Paris. Mr. Godwin recommended to Council they authorize the City Attorney to proceed with disannexations as requested. A Motion to proceed with the disannexations was made by Council Member Pickle and seconded by Council Member Plata. Motion carried, 5 ayes — 0 nays. 15. Discuss and act on RESOLUTION NO. 2016 -008: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS DECLARING THE NECESSITY FOR IMPROVEMENTS RELATED TO PACKAGE 4 OF THE 2013 WATER AND WASTEWATER BOND PROGRAM; DECLARING THE NECESSITY FOR Regular Council Meeting February 8, 2016 Page 6 ACQUIRING BY EMINENT DOMAIN TEMPORARY CONSTRUCTION EASEMENTS, PERMANENT DRAINAGE EASEMENTS AND PERMANENT UTILITY EASEMENTS OF VARYING WIDTHS OVER PROPERTIES LOCATED IN THE CITY OF PARIS, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACQUIRE SAID EASEMENTS INCLUDING MAKING INITIAL AND BONA FIDE OFFERS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE SAID EASEMENTS; MAKING OTHER FINDINGS AND PROVISIONS AND PROVIDING AN EFFECTIVE DATE. Ms. Harris explained this was for the utility work for the 2013 water and sewer bond in project four. She said the information she had was that 73 easements were needed; the City had acquired 54 of those; that 5 acquisitions were progressing and the remaining 14 were not progressing and condemnation for those easements was recommended. Council Member Pickle moved that the City of Paris authorize the use of the power of eminent domain, and authorize the City Manager to initiate condemnation proceedings under this power, to acquire the necessary easements for the construction and maintenance of the improvements contained in Package 4 of the 2013 water and wastewater bond program on properties in the following areas: Area 1: North Loop 286 from Spur 139 south to the intersection with FM 195. Area 2: Between 718 and 728 Pine Bluff south to a point between 715 and 725 E. Price. Area 3: Starting on the southeast side of the intersection of 61h Southeast St. and E. Washington St., heading southeast to the north side of E. Polk St. Area 4: Starting on the southeast side of the intersection of 8th Southeast St. and E. Cedar St., heading southeast to the north side of E. Oak St. Area 5: Starting approximately 213 feet southeast of the end of Stacy Lane headed Southwest to Lovers Lane right -of -way. Area 6: 3200 Clarksville St., located on the south side of Clarksville St. across from the Lovers Lane right- of -way. Mayor Pro -Tem Lancaster seconded the Motion. Motion carried, 5 ayes — 0 nays. 16. Discuss and act on a new Airport Hangar Ground Lease. Mr. Godwin said he and the Airport Advisory Board had been working to revise, modernize and streamline the existing base ground lease document. He explained the ground lease for hangar construction, use and maintenance was shorter than the older version, but Regular Council Meeting February 8, 2016 Page 7 contained additional restrictions. Mr. Godwin said the new lease policy was unanimously recommended for approval by the Airport Advisory Board. Council Member Pickle wanted to know if the lease would apply to the current hangers. Mr. Godwin said that it would not, with the exception of a renewal or amendment of a lease. 17. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. Mr. Godwin informed the City Council that the trail construction between the loop and Collegiate Street was finished last week. 18. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Frierson. Motion carried, 5 ayes — 0 nays. The meeting was adjourned at 6:45 p.m. SUE LANCASTER, MAYOR PRO -TEM JANICE ELLIS, CITY CLERK