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11/14/2016MINUTES 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 -Tem: 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 Chief; Kent Klinkerman, EMS Director; Doug Harris, Utilities Director; Jerry McDaniel, Public Works Director; Priscilla McAnally, Library Director; and Alan Efrussy, Planning Director Absent: Mayor and Council Members: A.J. Hashmi, Aaron Jenkins; and Matt Frierson 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. 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. 20TH 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. Don Pryor, 425 S. Church — he said he and his wife recently purchased a funeral home and since that time a lot of regulations were being imposed that were not previously imposed, on the funeral home that had been in existence for many years. He referenced a certificate of occupancy. City Manager John Godwin told Mr. Pryor that the Open Meetings Act prohibited him from responding because it was not a posted item, but that he would check on this and get with him. Monica Freeman, 1365 N. Main, Traffic Safety Specialist for TxDOT — she introduced the Safety Program and in summary, said they evaluate crashes and initiate safety programs. B. Recognition of Texas Treasure Award - Winning Businesses in Paris. Main Street Director Cheri Bedford informed the City Council that at the end of 2015, Main Street nominated businesses for 50 year Texas Treasure Award and to qualify, the business 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 Drake Construction for South Collegiate Drive Reconstruction Project, and accept improvements. 11. Authorize final payment in the amount of $24,182.33, close out the contract with Richard Drake Construction for the Trail de Paris Extension from 8t' to 4t' S.W., close -out the TPWD grant, and accept improvements. Regular Agenda 12. Conduct a public hearing, discuss and act on ORDINANCE NO. 2016 -034: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE CITY OF PARIS TO PARTICIPATE IN THE TEXAS ENTERPRISE ZONE PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE; PROVIDING TAX INCENTIVES; 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 -Tern 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 29t` 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, BEING LOCATED AT 2735 SOUTH CHURCH STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) TO A COMMERCIAL DISTRICT (C) WITH A SPECIFIC USE PERMIT (45) FOR AUTO FUEL SALES; 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. Planning Director Alan Efrussy said the applicant submitted the site plan which indicated the applicant would meet all requirements. He also said that the Planning & Zoning Commission unanimously recommended approval of this zoning request, as did staff. Mayor Pro -Tem Lancaster continued the public hearing and asking for anyone wishing to speak in support or opposition, to please come forward. Sami Ebrahim spoke in support of this zoning change. With no one else speaking, Mayor Pro -Tem 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. Assistant Chief Randy Tuttle said the State mandated some changes and some of the schools started and dismissed at different times. He said the Traffic Commission recommended these changes. A Motion to approve this item was made by Council Member Clifford and seconded by Council Member Trenado. Motion carried, 4 ayes — 0 nays. 17. Discuss and act on a request to publish names of delinquent property taxpayers in the local newspaper. Mr. Godwin said this item was requested by the mayor. Mayor Pro -Tern Lancaster said she had concern about doing this because when discussed in the past, her recollection was there was a Supreme Court decision that addressed it. Council Member Drake said there were times when people fell on hard times and simply cannot pay taxes. Council 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 Resolution No. 2004 -081. None were referenced. 22. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Drake and was seconded by Council Member Trenat. Motion carried, 4 ayes — 0 nays. The meeting was adjourned at 6:49 p.m. II I I