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05-City Council MinutesItem No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS November 14, 2016 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, November 14, 2016, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor Pro -Tern: Billie Lancaster Council Members: Billy Trenado; Steve Clifford; and Cleonne Drake City Staff John Godwin, City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Carla Easton, City Engineer; Larry Wright, Fire Chief; Bob Hundley, Police 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Mayor Pro -Tem Lancaster led the pledge. Pla n 5 � p.m. City Attorney Stephanie Harris recommended that City Council take item 14 out of order and move it up on the Agenda. She explained there was a public hearing at the Planning & Zoning Commission last week. Mrs. Harris said P &Z approved it, that a protest had been filed and in order for Council to approve it a super majority was required. She further explained a super majority would require 6 votes and with only 4 council members present, she recommended they bring the item forward and table it. A Motion to bring item 14 forward and table it to the December 12 meeting was made by Council Member Drake and seconded by Council Member Clifford. Motion carried, 4 ayes — 0 nays. Regular Council Meeting November 14, 2016 Page 2 14. Conduct a public hearing, discuss and act on 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 LOTS 8A AND 12, CITY BLOCK 262, BEING LOCATED AT 1240 N.E. 201H STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A SINGLE- FAMILY DWELLING DISTRICT (SF -2) TO A MULTI - FAMILY DWELLING DISTRICT (M -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. 4. A. Citizens' Forum. Ikon Pryor, 425 S ch — he said he and his wife recen ed a an %r�,i �z:: '�' e a lot 3 were bein posed that io thr al t that h been istence f,� a y years referenced a ce cate of oc ancy. Ci%:Ianag ohn G in told that the en Meetings Act hibited h1 om respori in be e it w mot a post ,�rt but that ould check on t 'end get wi Monica F� an,` ain, Tra Safet eciali ° �' `T — she �� oduced thefety Progr arand i aid the ate he an initiate safety pros. _ B. RecQ ion o xas T re A�_ d- Winni�usm��s m Pans. Lj , a�n .Feet Directs Cheri for nformed the 10 y C , cil that at the en Business f 2015, Mai nominated businesses fo yap Texas Treas `Aw and to qualify, th had to be fifty years or older. Brad Patterson of the Texas Historic Commission gave a background of the historic significance and presented awards to the businesses. Mrs. Bedford said not all businesses that were nominated received the award. Those businesses who received the award were Bob Swaim Hardware, Nathan Bell Realtors, The Paris News, The Collegiate Shop, Harrison Walker & Harper, Chapman-Nauman Florist, Spangler's, Henry Printing Company, Coston & Son Ready Mix, Williams Sporting Goods, Hayter Engineering, and Norment & Landers Insurance. Consent Agenda Mayor Pro -Tem 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 Council Member Drake and seconded by Council Member Clifford. Motion carried, 4 ayes — 0 nays. 5. Approve minutes from the meeting on October 24, 2016. Regular Council Meeting November 14, 2016 Page 3 6. Receive reports and /or minutes from the following boards, commissions, and committees: a. Paris Economic Development Corporation (9 -20 -2016) b. Paris Public Library Advisory Board (9 -21 -2016) c. Planning & Zoning Commission (10 -3 -2016) 7. Receive September monthly financial report. 8. Approve amendments to the Personnel Policies. 9. Approve Re -plat of Lot 1, Block A, Oak Ridge 318 Addition, located at 3055 N.E. Loop 286. 10. Authorize final payment in the amount of $86,320.34, close out the contract with Richard e Construction for South Collegiat�nve Reconstrtctp Pro accept ents. � l s 11 Authoriinal pa?hent m t amount 0241$2.33, clout the contract wiichard Drake Con�tructi `h, for the `Trail de Parlr��E � sion from fit' to 4�' S.W., cloy bout the TPWD eah and accent im ° dvements. 12 Conduct a public heanng ,discuss ORDINANCE NO. 2016( 4: AN \THE ORDINE O� THE Y Ci3JNCIL O Co QTY OF PARIS : °EXAS ,s; AUTHi�T 1ZING "I HE Cl PARIS TQ` '1�ARTICIPATE IN THE TEXAS f3+f ' RPRISE ZONE PROGRAM 1DER THE EXA ENTERPRISE Z t ACT, �AWTER 2303, iiXAS G 6 VEI f4MENT COD A4, RO7 DING TAX INC �° \ IVES; NOMINATING KIMBERLY -CLARK CORPORATION TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT AND TOURISM THROUGH THE ECONOMIC DEVELOPMENT BANK FOR DESIGNATION AS A QUALIFIED BUSINESS AND ENTERPRISE PROJECT UNDER THE ACT; DESIGNATING A LIAISON FOR OVERSEEING ENTERPRISE PROJECTS AND COMMUNICATING WITH INTERESTED PARTIES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Kimberly Clark Plant Manager James Aspaugh explained the history of the company, the progress of the local plant, and why this nomination was important to the company and community. Stacy Wages with Ernst & Young explained the Texas Enterprise Program. Council Member Clifford inquired about the number of current employees and the number of new employees that would be added. Mr. Aspaugh explained they would retain a minimum of 500 jobs. Mr. Paris explained that if anyone left employment they would arrive at this 500 number through attrition. He also explained that if Kimberly Clark hired someone new, they ensured that new hires would be economically disadvantaged during the five years the designation was in place. Regular Council Meeting November 14, 2016 Page 4 Mayor Pro -Tem Lancaster opened the public hearing and asking for anyone wishing to speak in support or opposition, to please come forward. Ms. Morris, 1017 Old Jefferson, asked questions, to which PEDC Executive Director Michael Paris answered. Chad Lindsey, 1050 SE 29th Street, spoke in support of this nomination. With no one else speaking, Mayor Pro -Tem Lancaster closed the public hearing. A Motion to approve this item was made by Council Member Trenado and seconded by Council Member Clifford. Motion carried, 4 ayes — 0 nays. 13. Continue the public hearing, discuss and act on an ORDINANCE NO. 2016 -035: 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 15, CITY BLOCK 170 -C, G LOCATED AT 2735 SOUTH CHURCH STREET IN THE CITY O 7 P �I <y S, FROM r� OMMER _ R , _1 s COUN � COMMERCIAL t TRI (C) WITH CIFIC US PERMIT (45) FC AUTO ECT A CH FUEL ES; ACCORDINGLY IN THE ICIAL �,. ZONINGIAPF THE CITY, O�ING A EPEALER CL E, A z' SEVE ITYiJgLAUS SAVI S RUSE, A ENALTY CLAU, AND i. s' ; PROVIDD96 AN UE, DATE Planning Pirector„ flan E sy said th ap lic r%,"s, bmittedthe site plan wh licant wort meet L11 requi �. ents.cl� #fat the Punning &Zoning ously re end approv f this Ming reque€ as didXaff. ;tyro -Tem Lancaster cotinuel the public heanng an�tsking for anyonehing to spe tki Is, - pp or opposition, to ple cone forward. Sami Ebrahim spoke in suppt3 of this zoning change. With no one else speaking, Mayor Pro-Tern Lancaster closed the public hearing. A Motion to approve this item was made by Council Member Clifford and seconded by Council Member Trenado. Motion carried, 4 ayes — 0 nays. 15. Discuss and act on contract change order #2 to Package #4 of the 2013 Water and Sewer Capital Improvement Project with Oscar Renda Contracting, Inc. reflecting an increase of $136,000; and contract change order #3 reflecting an increase of $252,000. Mr. Godwin said these were significant changes found in the field and the good news was there were sufficient funds to complete the project. AECOM Project Engineer Matt Abbe explained with regard to change order 2, the existing pavement on Pine Bluff was more than 12" thick along much of the street and the removal cost was higher than expected. With regard to change order 3, Mr. Abbe explained the contract included approximately 8,785 feet of 27 inch sewer along NE Loop 286 and the original bid did not include sufficient quantities for boring to satisfy TxDOT requirements. Regular Council Meeting November 14, 2016 Page 5 A Motion to approve the change orders was made by Council Member Drake and seconded by Council Member Clifford. Motion carried, 4 ayes — 0 nays. 16. Discuss and act on ORDINANCE NO. 2016 -036: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ESTABLISHING SCHOOL ZONE SPEED LIMITS ON CERTAIN PORTIONS OF CERTAIN STREETS AND HIGHWAYS AND PUBLIC PLACES IN THE CITY OF PARIS; REPEALING ORDINANCE NO. 2009 -010 ESTABLISHING A SCHOOL SPEED ZONE IN 300 — 400 BLOCK OF NE 2ND STREET; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER FINDINGS OF FACT AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Chief Randy Tuttle said the S A dismed rent times. I by Council 0"" s. id the A Motion to approve this it � was ma I Member`:Trenado.. °1Vlotion!ed. 4 a 17. ' Discuss local ne act drii'lst to names Clifford and seconded by „r 6 ertv taxnavers in the Mr. Godwin said ,h item req bd by the or. yor Pro-Tern Lan ter said sho l ad conk #. about dog this b ttse m discussed, the t her recollection s there � ` ' .. wad a Supr b'Court de�fiion that �dressec it. Council mbe�r�Drake said there wee times when pedp fell on hard times and si ply c nnot pay taxe Ptoun l Member Clifford' expressed opposition because of possible liability to the City and then said the information was already public on the LCAD website. Council Member Trenado also opposed this. A Motion to deny this item was made by Council Member Drake and seconded by Council Member Trenado. 18. Receive update from city staff regarding code enforcement and cleanup of main entryways into the City. Fire Chief Larry Wright gave an update on code enforcement activities specifically staff has prioritized the abatement of all code violations on entryways. Chief Wright said significant progress had been made but there was still work to be done. He summarized issues addressed throughout the City, which included abatement work orders, bulk mow, airport and firing range, the loop, special events and projects, illegal dumping, tires, trees, fences, and ditches. 19. 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 Regular Council Meeting November 14, 2016 Page 6 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: First National Bank Building, 104 Bonham Street. Mayor Pro -Tem Lancaster convened City Council into Executive Session at 6:31 p.m. 20. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Pro -Tem Lancaster reconvened City Council into Open Session at 6:49 p.m. and announced there was no immediate action needed. 21. Consider and approve future events for City Council and/or City Staff pursuant to JANICE ELLIS, CITY CLERK