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02/22/2016MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS February 22, 2016 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, February 22, 2016, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Aaron Jenkins; Billie Lancaster; Benny Plata; Steve Clifford; Matt Frierson; and Edwin Pickle City Staff: John Godwin, City Manager; Gene Anderson, Finance Director; Janice Ellis, City Clerk; Stephanie H. Harris, Interim City Attorney; Carla Easton, City Engineer; Larry Wright, Fire Chief, Bob Hundley, Police Chief; Doug Harris, Utilities Director; and Jerry McDaniel, Public Works Director Opening Agenda 1. Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Lancaster led the pledge. 4. a. Citizens' Forum. Gerry Dillard, 1030 E. Tudor — he said he would like curb and gutter on their street and that the fire hydrant on the corner of 19`h NE and Tudor needed to be repaired. b. Proclamation designating the week of February 20 -27, 2016 as National FFA Week. After reading the proclamation, Mayor Hashmi presented it to Paris High School FFA Advisor Steve Tucker. Regular Council Meeting February 22, 2016 Page 2 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 Pickle and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 5. Approve minutes from the meeting on February 8, 2016. 6. Receive reports and /or minutes from the following boards, commissions, and committees: a. Traffic Commission (12 -1 -2015) b. Planning and Zoning Commission (1 -4 -2016) c. Main Street Advisory Board (1 -12 -2016) 7. Receive January monthly financial report. 8. Receive January drainage report. 9. Receive demolition report. 10. Receive code enforcement activity report. 11. Accept bids and award contracts for the purchase of roadway materials to the lowest responsible bidder(s) for the twelve -month period beginning April 1, 2016. 12. Accept the bid and award the contract for the replacement of concrete curbs and gutters, driveway approaches, and reinforced concrete sidewalks to the lowest responsible bidder(s) for the twelve -month period beginning April 1, 2016. Regular Agenda 13. Conduct the second public hearing on an Ordinance disannexing two tracts of land, each being a 5.025 acre tract located in the Wesley Askins Survey, Abst. 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. Mayor Hashmi 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 Hashmi closed the public hearing. 14. Receive public input, discuss and act on a Resolution in support of the Brownstone Group, Inc.'s Application to the Texas Department of Housing and Community Affairs Regular Council Meeting February 22, 2016 Page 3 (TDHCA), and the development of Paris Senior Village to be located at the Southeast corner of Sunrise Drive and 42nd Street NE. A Motion to remove this item from the table was made by Council Member Frierson and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. City Manager John Godwin said this item was tabled last time to be brought back with item 15. Mr. Godwin depicted a map reflecting the proposed site and Brownstone representative Russ Schmidtberger gave a presentation about the proposed development. Schmidtberger answered questions from City Council with regard to site selection, other developed properties of Brownstone, and number of units on the property. Council Member Plata said he had a problem with the number of units. Council Member Clifford said it looked good but that the developer should have reached out to the community first and Council Member Lancaster agreed. Mayor Hashmi said he was in favor of investment into the community but if citizens were not supportive then he would oppose it. Mayor Hashmi opened the floor for public input. Lynn Wells expressed concern about the already horrid traffic issues, as well as drainage issues. Mr. Godwin said the drainage issues would have to be corrected first. Mayor Hashmi asked who would be responsible for the traffic issues. Mr. Godwin said there were options, such as deny zoning or for the City to do the roads. Mayor Hashmi confirmed with Mr. Godwin that traffic and drainage had not been studied. Kenny Daus also expressed concern about drainage and a poorly maintained ditch behind the houses on his street. He also expressed concern about the high voltage power lines and stated that the prior Council made a decision not to re -zone this property because of those lines. He asked that Council look at that. Ken Kohls (3935 Brandyn) confirmed with Mr. Schmidtberger there would be a manager on the property and that he saw a need for senior housing but not if children were going to be living at the senior complex. Dr. Greg Mauter (1535 Cope) said this program was one in which the federal government was attempting to overrule local zoning rules and laws. Johnny Exum (4560 Pine Mill Road) expressed concern about the already overloaded traffic and drainage. Ann Dearborn (4430 Pine Mill Road) said she was not in favor of any type of development in this area and they did not need additional congestion. Cindy Alcorn (877 SE 41 S` Street) said affordable housing was still low income and it was federally funded. She said it would have a negative impact on the community. Sharon Reynerson questioned if the City had been sued in the past for not granting low income projects and said she welcomed any housing project. Kelly Garrett (State Street Project) said their location would be a better site for a project. Mayor Hashmi asked for a show of hands from the audience who lived in District 7 who were for and against the development at this location. There were a couple hands of support, with the rest being opposed to it. Based on input from the citizens, a Motion to deny this item was made by Mayor Hashmi and seconded by Council Member Jenkins. Motion carried, 7 ayes — 0 nays. 15. Receive public input, discuss and reconsider RESOLUTION NO. 2016 -009: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS IN SUPPORT OF GS PARIS FAMILY, LP'S APPLICATION TO THE TEXAS Regular Council Meeting February 22, 2016 Page 4 DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (TDHCA), AND THE PROPOSED DEVELOPMENT OF A NEW APARTMENT COMPLEX LOCATED AT APPROXIMATELY 4800 LAMAR AVENUE, PARIS, TEXAS; APPROVING GS PARIS FAMILY, LP' S REQUEST FOR A de minimis CONTRIBUTION FOR DEVELOPMENT OF A NEW APARTMENT COMPLEX; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Council heard from Kelly Garrett of Brownstone about their proposed development. Council Member Pickle said this project was more suited at this location. Council Member Frierson favored the overall opportunity to have investment in the community. Council Member Clifford also favored investment but wanted to make sure the residents were ok with this project. Council Member Plata said the city already had too many apartment complexes. Council Member Lancaster said the citizens in the surrounding area should have a voice. Mayor Hashmi opened the floor for public input. Jackie Alsobrook (4135 Misty) said she was disturbed the people only wanted someone who looked like them to live by them. Brenda Cherry said she was disappointed in City Council, because what she was hearing was anti - children and "those" people citing they did not want anything they did not already have. Randall Lindsey said the Council said that the city needs more roof tops and may be this was an opportunity to do that. Dana Mauter said this had already been addressed. Kenny Daus said he loved Paris and all groups of people. He said he welcomed putting housing where it needed to be and for the people who needed it. Mr. Daus said the people should know first about the plans. Cindy Alcorn said she was not against federally funded programs and they were a stepping stone to help people get out of poverty. Don Pryor (4879 Pine Mill Road) said it was his understanding that Reno had already approved 80 apartments. Mr. Garrett said the deal in Reno was also their property. Mayor Hashmi asked for a show of hands from District 7 residents who were in favor and who were in opposition of this project. There were a couple hands of support, with the rest being opposed to it. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 6 ayes — 1 nay, with Mayor Hashmi casting the dissenting vote. 16. Discuss and act on disannexation requests received from 36th N.E. Street property owners as follows: • Kay White, 2325 36th NE • George William "Bill" Madding, 2225 36th NE • Wilfred & Donna Hargis, 2245 36' NE • Terry & Sandra Fitzgerald, 2330 36th NE and 2335 36' NE • Greg Winn, 2235 36th NE • William & Lindsay Thoms, 2425 36th NE Regular Council Meeting February 22, 2016 Page 5 Interim City Attorney Stephanie Harris said these property owners came before Council on January 25 and Council instructed staff to get some information about what it would take to get sewer to the properties. City Engineer Carla Easton explained options were reviewed and that they would be able to provide gravity sewer to six of the seven properties. She said the property located at 2330 36th NE Street was approximately 300 feet from the street and they would not be able to gravity flow to a sewer main on 36 N.E. but there were options. Ms. Easton said the cost of providing sewer would be between $400,000 and $500,000. Mayor Hashmi favored putting in sewer for the residents as did Council Member Pickle. Council Member Frierson inquired where the funds would come from and Mr. Godwin said from the bond money because there was money set aside for extension of lines. Mr. Godwin said the theory was providing sewer would help future development. Council Member Frierson inquired if the citizens wanted this and Mr. Fitzgerald said they did want it. William Thorns inquired about curb and gutter. Mr. Godwin said it would still function as it does now. Sandra Fitzgerald inquired about how soon this would happen, citing they had waited seventeen years. Mayor Hashmi said give them a little time, but it would not be seventeen years. Kyle McCarley said if they were going to be installing sewer, he would like it in Wildwood Estates. Billy Hargis wanted to know if something could be done about the drainage on the 36th NE. Mr. Godwin said staff would look at the drainage and that was part of the project. Ms. Easton said the City would need to acquire easements. It was a consensus of City Council to move forward with providing sewer services to these properties. 17. Discuss and act on RESOLUTION NO. 2016 -010: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE TEXAS COALITION FOR AFFORDABLE POWER, INC. (TCAP) TO NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR FIVE YEARS FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2018; AUTHORIZING TCAP TO ACT AS AN AGENT ON BEHALF OF THE CITY TO ENTER INTO A CONTRACT FOR ELECTRICITY; AUTHORIZING JOHN GODWIN OR A.J. HASHMI, M.D. OR JAY DOEGEY TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2018 AND COMMITTING TO BUDGET FOR ENERGY PURCHASES IN 2018 THROUGH 2022 AND TO HONOR THE CITY'S COMMITMENTS TO PURCHASE POWER FOR ITS ELECTRICIAL NEEDS IN 2018 THROUGH 2022 THROUGH TCAP. Finance Director Gene Anderson said the City of Paris had been a member of TCAP or its predecessor since 2001. He also said in order to lock in what were historically low electrical rates, TCAP has negotiated a five year contract beginning January 1, 2018 and ending December 31, 2022. Mr. Anderson said the electrical rate would not exceed a benchmark rate of 4.1 cents per kWh and would be the best market rate available at the time of selection. Mayor Hashmi left the room at 7:31 p.m. and returned at 7:32 p.m. Regular Council Meeting February 22, 2016 Page 6 A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Frierson. Motion carried, 6 ayes — 0 nays. 18. Discuss and act on ORDINANCE NO. 2016 -003: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ARTICLE 1 OF CHAPTER TWO OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS, BY AMENDING SECTION 2 -1, RULES OF ORDER FOR CITY COUNCIL MEETINGS, TO PROVIDE THAT IN MOST CIRCUMSTANCES ORDINANCES MAY BE APPROVED ON THE FIRST READING OR THROUGH PLACEMENT ON AND ADOPTION OF THE CONSENT AGENDA; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE; A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Interim City Attorney Stephanie Harris said this was a procedural item. Mayor Hashmi said they previously discussed not having ordinances on the consent agenda and he wanted that rule to remain in effect. Subject to ordinances remaining on the regular agenda, a Motion to approve this item was made by Mayor Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 19. Discuss and act on ORDINANCE NO. 2016 -004: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC CONTROL MAP ADOPTED IN SECTION 31 -65 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; ESTABLISHING A NO PARKING ZONE ON THE SOUTH SIDE OF BONHAM STREET FROM 41ST SW WEST TO 44TH SW; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. After explaining this item, Assistant Police Chief Randy Tuttle told Council that the Traffic Commission recommended approval of the no parking zone. A Motion to approve this item was made by Mayor Hashmi and was seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 20. Discuss and act on ORDINANCE NO. 2016 -005: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC CONTROL MAP ADOPTED IN SECTION 31 -65 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; ESTABLISHING A NO PARKING ZONE ON THE NORTH SIDE OF THE 100 BLOCK OF EAST BRAME STREET FROM SOUTH STREET TO SOUTH MAIN STREET; MAKING OTHER FINDINGS AND Regular Council Meeting February 22, 2016 Page 7 PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. After explaining this item, Assistant Police Chief Randy Tuttle told Council that the Traffic Commission recommended approval of the no parking zone. A Motion to approve this item was made by Mayor Hashmi and was seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 21. Discuss and act on an appointment to fill a vacancy on the Main Street Advisory Board. City Clerk Janice Ellis informed City Council subsequent to the agenda packets going out, there had been another vacancy on the board leaving two vacant positions. A Motion to appoint Randy Hider was made by Council Member Pickle and seconded by Mayor Hashmi. Motion carried, 7 ayes — 0 nays. A Motion to appoint Cody Kelly was made by Council Member Plata and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. A Motion to move item 25 forward was made by Mayor Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 25. Discuss and appoint a Lake Crook Park citizens' committee. Mr. Godwin said the City had received $110,000 in donations for park improvements and those improvements possibly included a playground, a restroom, picnic tables and grills, replacement of swings, creation of camping sites, completion of additional clearing and changing existing ordinances that prohibit water sports and overnight camping. Mr. Godwin recommended the appointment of a citizens' committee to receive input and report back to the Council with its recommendations. Mayor Hashmi said some of the people who had expressed an interest in serving were Ken Kohls, Kyle McCarley, Ruth Ann Alsobrook, Jackie Alsobrook and Bud Mackey. Ken Kohls was nominated by Mayor Hashmi; Ruth Ann Alsobrook was nominated by Council Member Lancaster; Kyle McCarley was nominated by Mayor Hashmi; Bud Mackey was nominated by Council Member Frierson; and Jackie Alsobrook was nominated by Council Member Lancaster. In addition Council Member Pickle nominated Code Enforcement Officer Robert Talley and asked that a student from North Lamar High School and Paris High School who were in the Lamar County Leadership Class be on the committee. He said he would provide the names at a later date. It was a consensus of the City Council that the Committee be comprised of the named individuals. Regular Council Meeting February 22, 2016 Page 8 22. Discuss and act on a Public, Educational & Governmental Access Channel (PEG) and public information program. A Motion to table this item was made by Mayor Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 23. Discuss sale of city property and provide direction to city staff. Mr. Anderson said the City Council directed the staff to auction off property located at 811 Bonham Street and 616 W. Washington Street. He also said the health department building was jointly owned by the City and County and the County was agreeable to the sale of the property. Mr. Anderson explained asbestos problems existed in both buildings and in the interest of full disclosure to potential bidders, the extent of the asbestos contamination and related costs to abate and /or demolish the building needed to be determined. He further explained that both buildings had abatement inspections, and the staff had received estimates on the cost of abatement and demolition. Mr. Anderson said if the City goes out for bids with the intent of having the work performed, hopefully the bids will come in lower than the estimates provided. He said the estimate for abatement of the old health department was $68,000 and $25,000 to $30,000 for demolition. He said the estimate for abatement of the old police building was $225,000 and $75,000 to $100,000 for demolition. Mr. Godwin said there was someone interested in the police building and suggested selling it for the amount allowed by law in its current condition, because it may be more expensive to have the asbestos removed. Council Member Pickle said he would like wet demolition explored too. 24. Discuss and act on a professional services agreement in an amount not to exceed $200,000, with Apex Geoscience for material testing services on the 2013 Bond Fund Water and Sewer Improvements Package 4 Project. City Engineer Carla Easton informed City Council that construction of Package 4 of the 2013 Bond Water & Sewer Improvement Project was read to begin. She explained that materials testing services were needed for quality control to ensure conformance with the plans and specifications. Ms. Easton said Apex Geoscience had submitted a proposal for work in the amount of $192,502.50 and they were a local firm with the resources to commit to this project. A Motion to approve this item was made by Mayor Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 26. Discuss a Tax Increment Reinvestment Zone and provide direction to city staff. A Motion to table this item was made by Mayor Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 27. Discuss an Ordinance addressing the issue of panhandlers and provide direction to city staff. Regular Council Meeting February 22, 2016 Page 9 Council Member Plata said he requested this item, because a store owner had to make people leave his business due to panhandling. After hearing from Interim City Attorney Stephanie Harris and Chief Hundley, it was a consensus to not pursue a panhandler ordinance due to constitutional law issues and the fact that some of the items were already covered by Criminal Statute. 28. Discuss and act on a curbside recycling program for the city residents. Due to the length of the meeting, a Motion to table this item was made by Mayor Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 29. Convene into Executive Session pursuant to: A. Section 551.087 of the Texas Government Code, (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1), as follows: • JS Baking, LLC (Skinner Bakery) Tax Abatement Agreement; • Silgan Can Company. B. 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: • Paris Warehouse 107, Inc. Tax Abatement Agreement; • Glick d/b /a Tri -State Iron & Metal v. City of Paris. Mayor Hashmi convened City Council into executive session at 8:07 p.m 30. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Hashmi reconvened City Council into open session at 9:07 p.m. and reported there were a number of items discussed in executive session. Mayor Hashmi said with regard to the Paris Warehouse 107, Inc. Tax Abatement Agreement and upon review by city attorney, it was apparent there was some ambiguity in the contract. Mayor Hashmi referenced years 2006, 2012, and 2013, and said the 2012 tax abatement should have been given to the company and calculations reflected that the City owes the company $13,564.93. Regular Council Meeting February 22, 2016 Page 10 A Motion to approve return of the funds in the amount of $13,564.93 to the company was made by Mayor Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 31. Consider and approve future events for City Council and /or City Staff pursuant to Resolution No. 2004 -081. Council Member Pickle reminded everyone of the tree giveaway on Saturday sponsored by KPB. 32. 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, 7 ayes — 0 nays. The meeting was adjourned at 9:09 p.m. A.J. HAS NICE ELLIS, CITY CLERK