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05/22/2017MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS May 22, 2017 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, May 22, 2017, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Steven Clifford Council Members: Billie Lancaster; Aaron Jenkins; Billy Trenado; Linda Knox; Cleonne Drake; and Paula Portugal 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; Clyde Crews, Fire Marshal; Kent Klinkerman, EMS Director; Doug Harris, Utilities Director; Alan Efrussy, Planning Director; and Priscilla McAnally, Library Director Opening Agenda Call meeting to order. Mayor Clifford called the meeting to order at 5:30 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Drake led the pledge. 4. Citizens' Forum. Lonnie Johnson, Jr., - he wanted to know if railroad tracks at 6t' SE Street could be cleaned up because he said he had been picking up nails to keep from getting more flats. He was referred to Public Works Director Jerry McDaniel. Michael Glatfelter, 1345 S.E. 6h Street — he said the police were not allowed on his property unless it was to serve him a warrant or talk to him, or it would be considered criminal trespass. Regular Council Meeting May 22, 2017 Page 2 Consent Agenda Mayor Clifford 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 Drake and seconded by Council Member Knox. Motion carried, 7 ayes — 0 nays. 5. Approve minutes from the meeting on May 15, 2017. 6. Receive reports and/or minutes from the following boards, commissions, and committees: a. Airport Advisory Board (2 -16 -2017) b. Main Street Advisory Board (4 -11 -2017) c. Historic Preservation Commission (4 -12 -2017) d. Paris Visitors & Convention Council (1 -18 -2017; 2 -15 -2017; 3 -22 -2017; & 4 -19- 2017) e. Paris Municipal Band Commission (3 -23 -2017) f. Love Civil Center (1 -12 -2017 & 3 -23 -2017) g. Housing Authority (3 -21 -2017) 7. Receive April monthly financial report. 8. Receive April drainage report. 9. Receive demolition and code enforcement activity reports. 10. Approve RESOLUTION NO. 2017 -025: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING THE SUBMISSION OF AN EXTENSION OF AN AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY (ABTPA) GRANT FOR CONTINUATION OF THE NORTHEAST TEXAS AUTO THEFT TASK FORCE; APPROVING A CASH MATCH FROM THE CITY OF PARIS IN CONNECTION WITH SAID GRANT EXTENSION; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 11. Approve the Final Plat Lot 1, Block A, Giberson Family Farms Addition CB 86, located at 741 N.W. 9' Street. Regular Agenda 12. Receive update presentation from the Ark -Tex Council of Governments regarding the Paris Metro Service fixed -route bus transportation. Regular Council Meeting May 22, 2017 Page 3 Chris Brown, Nancy Kohn and April Carl gave an update on the Paris Metro Service, including the initial funding from the State Government, Federal Government, the City, PJC and other businesses. Ms. Carl explained the beginning of this project, the growth, and the Greyhound Connect. She said the bus route was widely used and there were students traveling from Clarksville to PJC via the bus. Ms. Carl also said Paris Metro had gotten several awards. 13. Conduct a public hearing, discuss, and act on an Ordinance considering the petition of Michael Rick for a change in zoning from a Commercial (C) District to a Light Industrial (LI) District, being located at 300 N.E. Loop 286. Mayor Clifford stated the application had been withdrawn and there was no action to be taken. 14. Conduct a public hearing, discuss and act on ORDINANCE NO. 2017 -015: 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 A 511 J KING SURVEY, TRACT 2A, BEING LOCATED AT 3117 FM 1497, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT (A) TO A COMMERCIAL DISTRICT (C) WITH A SPECIFIC USE PERMIT (SUP #52) FOR SELF- STORAGE/MINI WAREHOUSES; 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 explained the applicant requested a zoning change from Agricultural to Commercial with a Specific Use Permit for self - storage /mini warehouses and the applicant planned to install climate - controlled storage units. Mr. Efrussy said that P &Z and staff recommended approval of the zoning change with a SUP with the required Site Plan as a condition of approval. Mayor Clifford opened the public hearing and asked for anyone wishing to speak in support or opposition to this item, to please come forward. With no one speaking, Mayor Clifford closed the public hearing. A Motion to approve this item was made by Council Member Portugal and seconded by Council Member Trenado. Motion carried, 7 ayes — 0 nays. 15. Conduct a public hearing, discuss and act on ORDINANCE NO. 2017 -016: 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, BY AMENDING SECTION 28, "WIRELESS" TELECOMMUNICATIONS TOWERS AND FACILITIES" TO ALLOW COLLOCATION OF SUCH FACILITIES ON WATER TOWERS IN ANY ZONING DISTRICT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A Regular Council Meeting May 22, 2017 Page 4 SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Planning Director Alan Efrussy explained a telecommunications provider wanted to place wireless facilities on two city water towers and in order to allow this, the zoning ordinance would need to be amended. Mayor Clifford confirmed with Mr. Efrussy that most cities do this, the City would receive income and citizens would receive better service. Council Member Knox asked if the lease agreement would cover issues such as if the cell tower had to be removed for repairs and City Attorney Stephanie Harris answered in the affirmative. Mayor Clifford opened the public hearing and asked for anyone wishing to speak in support or opposition to this item, to please come forward. With no one speaking, Mayor Clifford closed the public hearing. A Motion to approve this item was made by Council Member Clifford and seconded by Council Members Drake and Trenado. Motion carried, 7 ayes — 0 nays. 16. Conduct a public hearing, discuss and act on ORDINANCE NO. 2017 -017: 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, BY AMENDING SECTION 8, "USE OF LAND AND BUILDINGS," SECTION 8 -105, "AUTOMOBILE TYPE USES" BY LISTING "AUTOMOBILE DETAILING SHOP" AS AN ALLOWABLE USE ONLY THROUGH THE SPECIFIC USE PERMIT PROCESS IN THE CENTRAL AREA (CA) ZONING DISTRICT; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Planning Director Alan Efrussy explained an applicant requested to establish an automobile detailing shop in the Central Area, but the current use did not allow for this. Mr. Efrussy said the P &Z Commission requested an addition to the Zoning Ordinance to allow an Automobile Detailing Shop in the Central Area District through the SUP process. Mayor Clifford opened the public hearing and asked for anyone wishing to speak in support or opposition to this item, to please come forward. Ben Faber, 508 Church Street, spoke in support of this zoning amendment. With no one else speaking, Mayor Clifford closed the public hearing. A Motion to approve this item was made by Mayor Clifford and seconded by Council Member Portugal. Motion carried, 7 ayes — 0 nays. 17. Discuss and act on ORDINANCE NO. 2017 -018: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ARTICLE VII, "RESIDENTIAL RESTRICTIONS FOR REGISTERED SEX OFFENDERS," TO CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; Regular Council Meeting May 22, 2017 Page 5 PROVIDING A PROCEDURE FOR REGISTERED SEX OFFENDERS TO APPLY TO LIVE IN LONG -TERM CARE FACILITIES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Chief Hundley explained the ordinance was originally passed in 2010 and the purpose was to restrict registered sex offenders from establishing residence with 1000 feet of a school, a child care facility, child care institution, park or playground. He said there had been a recent situation in which an individual needed to be in a nursing home and that was the reason for the requested amendment. Chief Hundley said a registered sex offender wishing to establish temporary or long -term residence in a facility would be required to come to the police chief for a waiver, and if the person was non - ambulatory the residency would be allowed. Mayor Clifford confirmed with Chief Hundley this would allow the person to receive needed medical health care. A Motion to approve this item was made by Council Member Trenado and seconded by Council Member Mayor Clifford. Motion carried, 7 ayes — 0 nays. 18. Receive presentation from NewGen Strategies & Solutions, LLC regarding the 2017 Water and Wastewater Cost of Service Study. Finance Director Gene Anderson explained that the treated water contracts the City had with water customers required this cost of service study. Chris Ekrut with NewGen Strategies & Solutions presented to City Council the 2017 Water and Wastewater Cost of Service Study. In summary, Mr. Ekrut said a rate increase was not recommended for water or wastewater, but that might not be the case next year. He emphasized the importance of abiding by the rate maintenance policy. Council Member Portugal inquired of Utilities Director Doug Harris about water loss and how it was handled. Mr. Harris said water loss was less than 7% and the City had a conservation plan, as well as handled this through replacement of distribution lines. 19. Discuss and possibly act on amendments to the policies for Boards, Committees and Commissions. City Manager John Godwin explained that he had made some minor changes, which included changing "shall" to "may" as related to City Council appointing liaisons, because some of the boards were advisory in nature. He also said he had taken out liaisons making presentations to boards, because this sometimes resulted in board members refraining from presenting their ideas. Mr. Godwin said there was the addition of board members being required to be a registered voter in Paris or Lamar County depending on the board requirement for residency membership. He also said he added an orientation type of training which would be conducted in July or August because it was only fair to provide training in addition to the State required open government training. Under the meetings section, Mr. Godwin said he had removed "a majority of the body," because doing so would violate the open meetings act. Regular Council Meeting May 22, 2017 Page 6 A Motion to approve these amendments was made by Mayor Clifford and seconded by Council Member Portugal. Motion carried, 7 ayes — 0 nays. 20. Discuss and act on Pre- & Post - Employment Activities. City Manager John Godwin explained the City had a Code of Ethics and Conduct but this new policy would restrict the ability of a former employee or official to represent a subsequent employer before the City, as well as would restrict the ability of a new employee or official to represent a past employer. Mr. Godwin said it restricted the ability of an employer performing work for the City from recruiting and hiring City employees or officials and restricted the release of confidential information which a City employee or official may possess. Mr. Godwin provided the Council with several scenarios. Mayor Clifford said he had requested this item be brought forwarded and confirmed with Mr. Godwin that most cities had a similar policy. A Motion to approve this item was made by Mayor Clifford and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 21. Discuss Residential Development proposal and provide direction to city staff. Mr. Godwin said GVD Construction proposed to build a high quality 130 plus apartment complex on Ruby Way, using no state or federal subsidies. He also said they were looking for local incentives to make their project financially viable and had requested a five -year tax abatement and reduced development fees. Mr. Godwin informed City Council he heard from two local contractors that day, who were both opposed to this. He introduced Gene Dixon of GVD Construction. Mr. Dixon gave a presentation about the proposed complex and answered questions from City Council. Mayor Clifford said he was reluctant to grant a tax abatement for a residential apartment complex, but would be glad to have them in Paris. Council Member Portugal said she had heard from several constituents who were not previously given tax abatements. Council Member Knox said she was conflicted about giving a tax abatement on this project because it was not done for others in the past and developers in the future would ask for a tax abatement. Council Member Trenado and Jenkins were not in favor of giving a tax abatement. Council Member Lancaster said she might be willing to look at a sliding scale. Council Member Drake said she was concerned about setting a precedent. A Motion to deny this tax abatement request was made by Mayor Clifford and seconded by Council Member Trenado. Motion carried, 7 ayes — 0 nays. 22. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. None were referenced. Regular Council Meeting May 22, 2017 Page 7 23. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Drake and was seconded by Council Member Portugal. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 6:32 p.m. STE J. CLIFF &b, M.D., MAYOR