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05 - COUNCIL MINUTES FROM 08/14/2017Item No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS August 14, 2017 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, August 14, 2017, at the City Council Chamber, 107 E. Kaufinan, 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; and Priscilla McAnally, Library Director Opening Agenda 1. Call meeting to order. Mayor Clifford called the meeting to order at 5:30 p.m. 2. Invocation. Pastor Bush delivered blessings. 3. Pledge of Allegiance. Council Member Drake led the pledge. 4. Citizens' Forum. Larry Schenk, 3765 Dawn Drive — he asked if he would be allowed to speak under item 21. Mayor Clifford said he was going to open the item to receive comments and that he planned move the the item up following the consent agenda. 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 Lancaster. Motion carried, 7 ayes — 0 nays. Regular Council Meeting August 14, 2017 Page 2 5. Approve minutes from the meeting on July 24, 2017. 6. Receive reports and/or minutes from the following boards, commissions, and committees: a. Paris Economic Development Corporation (6-13-2017) b. Traffic Commission (6-6-2017) c. Zoning Board of Adjustment (6-13-2017) d. Paris -Lamar County Board of Health (3-20-2017 & 4-10-2017) e. Love Civic Center (5-18-2017) f. Airport Advisory Board (5-18-2017) 7. Approve the Final Plat of Lots 1, 2 & 3, Block A. Pecan Place Phase IV, located in the 4300 Block of Pine Mill Road. 8. Receive the 2017 tax appraisal roll from the Lamar County Appraisal District. 9. Approve the low bids received for water and wastewater treatment chemicals to be used in FY 2017-18. 10. Reject all bids for the Johnson Woods Drainage Project. Regular Ap-enda Mayor Clifford said there were a lot of people at the meeting who wished to speak about item 21. A Motion to move item 21 forward on the agenda was made by Mayor Clifford and seconded by Council Member Trenado. Motion carried, 7 ayes – 0 nays. 21. Discuss and possibly act on a COLA for City of Paris retirees. Mayor Clifford said Council Member Portugal placed this item on the agenda. Council Member Portugal said at a minimum she wanted this item on the agenda to look at alternative budgeting. Larry Schenk, 3765 Dawn Drive – he spoke in support of a COLA for retirees and said it had been ten years since they had received a COLA. Mr. Schenk provided to Council an analysis he made from the TMRS website reflecting what other cities were doing statewide with regard to cost of living adjustments for retirees. Alice Pinalto, 81 -33rd N.E. – she said she retired in 2011 from the legal department, at the age of 73 years old. Ms. Pinalto said the COLA was suspended in 2008 and she believed it to be temporary. She respectfully requested a COLA for retirees. Maralene Rose, 2810 W. Brame – she said she worked for the City for 40 years in the finance department. She said the reason the COLA was so costly was because it was not continued and it cost to catch up. Regular Council Meeting August 14, 2017 Page 3 Charles Whitley, 725 S.E.-38`" — he said he retired from the police department several years ago. Mr. Whitley said he came to the City to work because he loved Paris, although he could have gone some other place and made more money. He spoke in support of a COLA. Steve Dockray, 935 Bunker — he said he was with the police department for 37 %2 years and spoke in support of a COLA. Faye Caviness, 235-35�h S.E. — she said her husband gave over 30 years to the police department and asked that they please consider a COLA. Tommy Haynes, 3095 Abbott — he said all of the retirees were concerned as they had not had a COLA in ten years. Mr. Haynes referenced an e-mail exchange dated August 3, 2012, between Maralene Rose and City Manager John Godwin about a COLA. Mr. Haynes asked City Council to consider giving retirees a COLA. Tiny Freelen, 804-12'' N.E. — he said he retired after 24 years in the traffic department, and asked that retirees be given a COLA. Janine Lauren, 1760 N.E. 34b — she said her taxes went up and she thought they were frozen, but learned only certain taxes. She said none of the retirees were getting 3-4% COLA to sustain the increase in expenses. Ms. Lauren said they needed to give a COLA or freeze taxes. Council Member Drake inquired of City Manager John Godwin if his reference of ad hoc meant a one-time raise and Mr. Godwin answered in the affirmative. Mr. Godwin said that a one-time raise would be a permanent cost to the City. She asked about discrepancy in the numbers and Mr. Godwin said it was the number provided to the City by TMRS and the number depended on several factors. Larry Schenk said what concerned the retirees was if this was not done now, the cost would progressively get more expensive and it would never get done. Council Member Drake asked if Council decided to give this one-time raise could it be taken away in the future and Mr. Godwin told her it could not. Council Member Knox confirmed with Mr. Godwin that the budget was balanced and then said she would like to consider doing something for retirees, possibly the one-time raise. Council Member Portugal asked if they could review this. Mr. Godwin informed City Council if they chose to give a one-time raise to retirees that they would have to cut something out of the budget. Council Member Drake asked about a timeframe and Mr. Godwin said he would be meeting with department heads this week and he could bring to them a list of items for them to look at. He said this did not meet the top of his list, because there were items that needed to be funded for operations of the City. Mayor Clifford said if the City had a lot of money he would be fine with giving a COLA, but that people were not guaranteed at the time they retired that they would continue getting a COLA. He said he was not sure they would have the money to do it. Council Member Knox asked if they could look again. Mr. Godwin said he could bring something to the Council on August 28 for review. A Motion to ask the city manager to look at finding the funds for a COLA raise for retirees was made by Council Member Portugal and seconded by Council Member Knox. Regular Council Meeting August 14, 2017 Page 4 Retiree T.K. Haynes said at the time employees were hired, the retirement benefit was a big part of the reason people came to work for the City. He said the salaries at the City did not compete with the private sector. He said they were promised. Mayor Clifford said he had a Motion and a second, and asked for a vote. Motion carried, 5 ayes — 2 nays, with Mayor Clifford and Council Member Trenado casting the dissenting vote. 11. Conduct a public hearing, discuss and act on ORDINANCE NO. 2017-030: 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 THE HILLS SUBDIVISION WITHIN THE CITY LIMITS, BEING LOCATED ON THE NORTHWEST SIDE OF FM 195, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT (A) TO SINGLE-FAMILY DWELLING DISTRICT (SF -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. City Engineer Carla Easton explained that this rezoning should have occurred at the time of development, and that Planning and Zoning unanimously approved this rezoning request. Mayor Clifford 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 Clifford closed the public hearing. A Motion to approve the zoning change was made by Council Member Drake and seconded by Trenado. Motion carried, 7 ayes — 0 nays. 12. Conduct a public hearing, discuss and act on an Ordinance considering the petition of Lawrence Thompson for a change in zoning from Single -Family Dwelling District No. 2 (SF -2) to a Single -Family Dwelling District No. 2 (SF -2) with a Specific Use Permit #36 (Recreational Facility -Private), on Sperry's 1St Addition, Block 2, Lot North PT 1, being located at 2815 West Campbell Street. Mayor Clifford said this item was tabled at the Planning and Zoning meeting and that Council needed to table this item to the September 11 City Council meeting. A Motion to table this item to September 11 was made by Mayor Clifford and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 13. Conduct a public hearing, discuss and act on a Site Plan for Liberty National Bank, Lot 4- B, Block 286, City of Paris, located at 140 N. Collegiate. City Manager John Godwin said that Liberty National Bank needed to amend its original site plan to accommodate a proposed expansion of the original bank building. Regular Council Meeting August 14, 2017 Page 5 Mayor Clifford 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 Clifford closed the public hearing. A Motion to approve the site plan was made by Mayor Clifford and seconded by Council Member Portugal. Motion carried, 7 ayes — 0 nays. 14. Discuss proposed amendments to the Code of Ordinances Chapter 22, as related to recreational vehicles, and all other special vehicles; and provide direction to staff. Mr. Godwin said the City had been receiving complaints about the size of recreational vehicles in back yards. Mayor Clifford said he was, at the Planning and Zoning Commission meeting when this was discussed, and the Commission was looking at different options with regard to what could be done regarding overlarge recreational vehicles, more particularly a height requirement. Council Member Knox said there was an issue of people parking RVs in their driveways, because it was difficult for drivers to see traffic when going down the streets. Following additional discussion, it was a consensus of City Council for staff to proceed with amendments to the current ordinance addressing these concerns. 15. Discuss and act on ORDINANCE NO; 2017-031: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARTS, TEXAS DISANNEXING A 6.941 ACRE TRACT OF LAND BEING PART OF THE JOHN W. WILLIAMS SURVEY, KNOWN AS 6055 CLARKSVILLE STREET; OF THE CITY OF PARIS, LAMAR COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, IN RESPONSE TO LANDOWNERS' REQUEST 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 AND A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. City Attorney Stephanie Harris said the two required public hearings were conducted on July 10 and August 14, and that Council could now take action on this item. A Motion to approve the disannexation was made by Mayor Clifford and seconded by Council Member Trenado. Motion carried, 7 ayes, 0 nays. 16. Discuss and authorize the City Manager to execute a contract with Williams Equipment Services to construct the Paradise Estates Sewer and SE Outfall Main Project and related change orders, in an amount not to exceed $2.4 million dollars. City Engineer Carla Easton explained that the 2013 Bond Fund for Water and Sewer Improvements included funding for the Paradise Estates Sewer and SE Outfall Main Project. She further explained four bids were received for the project and that this project would allow the City to eliminate three lift stations. Ms. Easton said the lowest bid was to Williams Regular Council Meeting August 14, 2017 Page 6 Equipment Services and staff recommended awarding a bid in an amount not to exceed $2.4 million dollars. A Motion to approve this item was made by Council Member Drake and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 17. Receive presentation from architect, provide feedback, and authorize completion of design and bid documents for bidding of the NW EMS Station. EMS Director Kent Klinkerman provided City Council with the history of the current EMS Station at Paris Regional. Paul Denney with Denney Architects gave a presentation to City Council which included design, a workable flood plan, soil conditions and related options, and the bidding process. Mr. Denney recommended giving bidders three weeks to get their packets in and estimated it would take six to eight months to build the building once the site work was done. Mr. Denney answered questions from City Council. A Motion to authorize completion of design and bid documents for bidding was made by Mayor Clifford and seconded by Council Member Knox. Motion carried, 7 ayes — 0 nays. 18. Receive presentation, and authorize the commencement of fund-raising activities for playgrounds at Oak and Wade Parks. Mr. Godwin referenced the bond proceeds of $500,000 that had been authorized by the voters for park improvements and said it was the City's plan to try to multiply the funding by actively seeking grant support from the Texas Parks and Wildlife Department, and fundraising locally. He also said the internal staff workgroup had been working for many months. Mr. Godwin said staff was proposing a two-part program of work, and that the first phase would cost about $240,000 and would cover the costs of replacing most of the playgrounds at Oak and Wade Parks. He said the goal was to raise half of that budget through fund-raising and the rest would be paid from bond proceeds and ADA funding. Mr. Godwin said the second phase would use the remaining almost $400,000 in bond proceeds and hopefully would be doubled with a match from TPWD. After answering questions from City Council, it was a consensus for Mr. Godwin to proceed with the fund-raising activities for playgrounds at Oak and Wade Parks. 19. Discuss and act on ORDINANCE NO. 2019-032: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 3, ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS, REVISING REGULATIONS RELATING TO THE SALE AND PUBLIC CONSUMPTION OF ALCOHOLIC BEVERAGES ON CITY -OWNED PROPERTY; 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. City Attorney Stephanie Harris said in 2015, Council amended Section 3-5 to allow for sale and consumption of alcoholic beverages at the Love Civic Center, Lake Crook and the Red Regular Council Meeting August 14, 2017 Page 7 River Valley Fair Grounds with a city -issued permit and appropriate TABC permit. She said various people wanted to include the Plaza and Market. Ms. Harris said the proposed amendments added those two locations and would allow the City to enforce the ordinance on City -owned property. A Motion to approve this item was made by Council Member Portugal and seconded by Council Member Knox. Motion carried, 7 ayes — 0 nays. 20. Receive presentations and act on the fiscal year 2017-18 budgets for the Love Civic Center and the Visitors & Convention Council. Lamar County Chamber of Commerce President Ken Higdon first presented the Visitors & Convention Council budget, and said revenues pretty much stayed the same and they had a good year in the tourism world. He said the hotel occupancy tax ended up at $658,525 for the four quarters in this budget. Mr. Higdon recognized the new employee, Drew Ruhart, who was hired for marketing and sales. He outlined the expenses and income, summarizing the ending budget revenue of $701,500 and estimated expenses of $699,500. Next, Mr. Higdon presented the Love Civic Center budget and went over income and expenses. He said they needed to do more maintenance this year, which included painting of the Eiffel Tower, possibly get a facility study and stated the Civic Center was twenty-three years old. Mr. Higdon said they did a facility study that showed to bring the center to new standards it would be about a $3 million dollar investment and they were spending about $100,000 a year on maintenance upkeep. He said they had a good year in that they had grown the staff, increased the HOT tax, and grown the number of events. Council Member Portugal said she was recently at a conference and while there, heard from a group who complimented Becky Semple and said they would be coming back to Paris. Council Member Knox congratulated Mr. Higdon on increase in HOT tax collections and increased tourism. She questioned the chamber management fee under the agreement, and said it was a little over 11 % that the chamber takes right off the top. She said she felt it would behoove the Council to see a breakdown of the items, referencing what was included in marketing, security and the other items. Mayor Clifford inquired about the archery event noting they spent around $19,000 but budgeted $30,000. Mr. Higdon said this last year Paris did not have to purchase the buckles for the tournament winners, because they were donated. Mayor Clifford asked about any profits from the tournament and Mr. Higdon said there was very limited income through the vendors. Mayor Clifford also questioned the increase in marketing expenses budgeted. Mr. Higdon said they were complying with the legal requirements. In addition, they discussed the Tour de Paris income and expenses. Mr. Higdon said he would get to them the additional information showing a breakdown of accounting details. It was a consensus of City Council to move this item to the next agenda. 22. Discuss the 2017-2018 FY budget for the City of Paris. Mr. Godwin said he did not have anything new to present. He reminded City Council of the special meetings on Tuesday, September 5, a regular meeting on September 11, and a special meeting on September 18. Regular Council Meeting August 14, 2017 Page 8 23. Convene into Executive Session pursuant to 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: • Project Sun Bird • Project 3.141 Mayor Clifford convened City Council into executive session at 7:05 p.m. 24. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Clifford reconvened City Council into open session at 7:28 p.m. and said they discussed a potential new business. 25. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Ms. Harris said she was losing her prosecutor at the end of the month and would in the near future bring to Council an item approving a new contract prosecutor. 26. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Trenado and was seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 7:28 p.m. STEVEN J. CLIFFORD, M.D., MAYOR JANICE ELLIS, CITY CLERK MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS August 28, 2017 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, August 28, 2017, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Steven Clifford Council Members: Billie Lancaster; Billy Trenado; Linda Knox; Cleonne Drake; and Paula Portugal City Staff. John Godwin, City Manager; Stephanie Harris, City Attorney; Janice Elli ,,City Clerk; Gene Anderson, Finance Director; 6 '4a Easton, City Engineer; Larry Wright, Fire Chief, Bob Hundley, Police Chief; Clyde Crews, Fire Marshal; Doug Harris, Utilities Director;: Jerry McDaniel, Public Works Director; , Alan Efrussy, Planning Director; Tom Hunt, Municipal Judge Absent: Council Member: Aaron Jenkins Opening Amenda 1. Call meeting to order. Mayor Clifford called the meeting to order at 5:30 p.m. 2. Invocation. Pastor Bob Seale gave the invocation. 3. Pledge of Allegiance. Council Member Drakeled the pledge. 4. Citizens' Forum. Janine Lauren, 1760 NE 34th — she asked the City Council to not pass the budget, because it was not clear. She referenced past budgets and budgets from other cities. Chad Bird, 540 W. Austin — he said he promoted concerts and the Civic Center needed to be upgraded to host concerts for national bands. Regular Council Meeting August 28, 2017 Page 2 Patsy Carcuff, 315 York Street — she said for the past several years residents had been moving in her neighborhood and changing the elevation of their property which resulted in flooding of her property. She said they did not have permits to do that type of work and was before Council to ask for a solution. Larry Schenk — he said he was there to speak about item 14 and wanted to know if he should speak under this forum or would he be allowed to speak when they got to item 14. Mayor Clifford said he would allow him to speak when they reached that item. Skipper Steely — he said he wrote history about the City and referenced industrial history. He suggested they keep PEDC and possibly add a Type B tax. 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 Mayor Clifford and seconded by Council Member Lancaster. Motion carried, 6 ayes — 0 nays. 5. Receive reports and/or minutes from the following boards, commissions, and committees: a. Main Street Advisory Board (7-11-2017), b. Historic Preservation Commission (7-12-2017), c. Paris Visitors & Convention Council (5-17-2017) d. Paris Economic Development Corporation (7-21-2017) e. Building & Standards Commission (7-17-2017) f. Planning & Zoning Commission (6-5-2017) g. Paris Housing Authority (6-20-2017) 6. Receive July monthly financial report. 7. Receive July drainage report. 8. Receive demolition and code enforcement activity reports. 9. Re -appoint Thomas E. Hunt III as Municipal Court Judge and Don Biard as Associate Municipal Court Judge for the City of Paris. 10. Appoint one member to the Main Street Advisory Board and one member to the Building and Standards Commission to fill unexpired terms. Regular Agenda 11. Conduct a public hearing, discuss and act on RESOLUTION NO. 2017-029: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, Regular Council Meeting August 28, 2017 Page 3 AUTHORIZING THE APPLICATION FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM, GMS APPLICATION NUMBER 2017 -H2284 -TX -DJ; AUTHORIZING AN INTERLOCAL AGREEMENT WITH LAMAR COUNTY; AUTHORIZING THE EXPENDITURE OF FUNDS; ACCEPTING SAID GRANT AWARD UPON NOTICE THEREOF; 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. Chief Hundley said this was the annual grant in the amount of $11,039, and it would be split 50/50 with Lamar County Sheriff's Office. He said it would be used for equipment. Mayor Clifford opened the public hearing and asked for anyone wishing to speak in support or opposition to this item, to please come forward. Chief Hundley said he supported this application. 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 Trenado. Motion carried, 6ayes — 0 nays. 12. Discuss and authorize naming the, bridge near the Love Civic Center trailhead to the "Earl Erickson Bridge," and authorize I acement of appropriate signage to identify donors. City Manager, John Godwin introduced Mary Clark, who gave a short presentation on behalf of the NETT 36ard of Directors. Ms. Clark asked the City Council to authorize naming the bridge near the Love Civic Center trailhead as the "Earl Erickson Bridge," citing Mr. Erickson's vision, dedication and countless hours of hard work in developing the Northeast Texas Trail, which included the Trail de Paris. A Motion to approve this item was made by Council Member Knox and seconded by Council Members Lancaster and Portugal. 13. Discuss and authorize renaming a portion of Center Street to "Rita Haynes Boulevard." Mr. Godwin said when he moved to Paris, Ms. Haynes was one of the persons he met and she explained how the Red River Valley fairgrounds worked. He said in recognition of Rita Jane Haynes' service and contributions to Paris and Lamar County, they would like to rename the portion of East Center Street that lies inside the fairgrounds "Rita Haynes Boulevard." A Motion to approve this item was made by Council Member Drake and seconded by Council Member Lancaster. Motion carried, 6 ayes — 0 nays. 14. Discuss and possibly act on a COLA for City of Paris retirees. Regular Council Meeting August 28, 2017 Page 4 Mayor Clifford asked that anyone wishing to speak about this item, to please come forward. Larry Schenk, 3765 Dawn Drive — he spoke in support of the COLA for retirees. He said their whole effort had been directed at a COLA for long term 30-40 year employees whose wages were so low while they worked that their pensions were correspondingly low. Mr. Schenk referenced the city manager's e-mail to Ms. Rose in 2012, and said COLA adjustments had not been considered every budget year. Mr. Schenk asked City Council to consider giving a COLA to retirees, citing there was sufficient money in the general fund, utility funds, and the reserves to do this. Tommy Haynes, 3095 Abbott — he said the City was receiving money from property taxes since 2008, but did not share with retirees through a COLA. He asked Council to look at the fund balance at the end of December and inquired if some of that could be used to fund the COLA. Mr. Haynes said if this was not approved this year, their fear was that it would never happen because the amount would be too great. Charles Whitley, 725 SE 30th — he said he was a police department retiree and when they retired, they were getting a small increase. He asked them to reinstate the COLA. Janine Lauren, 1760 NE 34th — she said if the Council would look at the budget they would see they could reduce the city manager's budget by $200,000 and fund the COLA. Connie Stauter - she said the retirees did not have any leverage except to appeal to the Council's sense of fairness. Ms. Stauter said medicines and utilities continued to increase and asked the Council to consider giving the retirees a COLA. John Godwin said he did not make $300,000 a year. He also said the COLA for retirees was not a bad expense. Mr. Godwin explained that when you put together a budget, you look at everything and that he did look at this. He further explained that if they did not purchase an ambulance this year to pay for this COLA, then next year they would have to purchase two ambulances. Mr. Godwin referenced the years that capital items were deferred and the City got in trouble. He explained two ways to cut the budget, and emphasized he did not think it was a good ideal to pay recurring expenses out of reserves. Mr. Godwin said in the last few months there were four people who retired from the City and then took other jobs, so they were drawing retirement and getting another salary. Mr. Godwin emphasized that a person could retire even at age 40, after 20 years of services. He explained they could not just select a certain group to receive a COLA, because it was not legal. Mr. Godwin said he would do what the Council directed him to do, but that he did not recommend this expense because there were too many items the City needed in way of capital items. Mayor Clifford said if the City had unlimited resources, he would be for doing this but that the City did not have unlimited resources. Council Member Drake wanted to know how much money the City would have at the end of September and Mr. Godwin said he did not know off the top of his head, but we did have reserves. Retiree Tommy Haynes said there was $50 Regular Council Meeting August 28, 2017 Page 5 million dollars in the two budgets, and the retirees had been left out for ten years. Council Member Trenado asked Mr. Godwin if he knew of any businesses that guaranteed their employees a COLA after retiring. Mr. Godwin said he could not answer that question about the private sector. Council Member Portugal said she really wanted to help the retirees and referenced her husband retirement early and that he did not get anything paid toward his insurance. Council Member Portugal said she also retired and works part-time. She said she knew it was tough, because her insurance was going to double. Council Member Drake said she had already made up her mind before tonight, but she had changed it. She referenced family members and friends who had retired from the City. A Motion to not include the COLA in the budget was made by Mayor Clifford and seconded by Council Member Trenado. Motion carried,,5 ayes — 1 nay, with Council Member Drake casting the dissenting vote. 15. Discuss and act on ORDINANCE NO. 2017-033: AN ORDINANCE OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 29, STREETS, SIDEWALKS, AND OTHER PUBLIC PROPERTY," OF THE CODE OF ORDINANCES, CITY OF PARIS, TEXAS, TO ADD ARTICLE VI TO CHAPTER 29 REGARDING WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY GLAUS�� A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City Attorney Stephanie Harris explained that SB 1004 goes into effect September 1, 2017 as new Texas Local Government Code Chapter 284. She further explained that prior to the effective date, cities could charge franchise fees to wireless providers who wanted to install equipment in the, rights-of-way or prohibit wireless providers from doing so altogether. Ms. Harris said Chapter 284 mandates that wireless infrastructure and service providers have access to the public rights-of-way to locate their facilities without negotiating franchise agreements or paying franchise fees. In. order for the City to regulate the proliferation of small cell wireless facilities, Ms. Harris said Council must pass an ordinance prior to the effective date. Council Member Knox confirmed with Ms. Harris that the ordinance provided for enforcement. A Motion to approve this item was made by Mayor Clifford and seconded by Council Member Knox. Motion carried, 6 ayes — 0 nays. 16. Consider and possibly approve appointment by city attorney of a contract prosecutor pursuant to City of Paris, Texas Charter Sec. 28. Ms. Harris said the current contract prosecutor Zach Ressler had resigned effective the end of this month and local attorney Chris Fitzgerald had agreed to undertake the limited prosecutorial duties. Ms. Harris explained this was on a part-time basis. Regular Council Meeting August 28, 2017 Page 6 A Motion to authorize the city attorney to hire Mr. Fitzgerald on a contract part-time basis was made by Council Member Drake and seconded by Mayor Clifford. Motion carried, 6 ayes — 0 nays. 17. Discuss an Economic Development Program and provide direction to staff. Mayor Clifford said he had asked Mr. Godwin to put together a plan for economic development structure should the proposition be approved in November. Mr. Godwin reviewed the proposed program with City Council, which included termination of the PEDC Board and Operations, as well as obligations of the PEDC. He also reviewed general fund budget changes, employees, road maintenance tax use and need, and creation of an advisory board. Mayor Clifford expressed appreciation to Mr, Godwin for the proposed plan, as did Council Member Drake. Council Member Portugal inquired if three years down the road whether or not a new council decide to change, the amount. Mr. Godwin said that was always the option of the Council, and that all that they 69 41d do was commit to their budget one year at a time. Mayor Clifford said he noticed PEDC had net worth of $4.2 million dollars but PEDC's obligation was $6.2 million dollars, which is why it would take'almost two years to satisfy all of PEDC' s obligations. Mayor Clifford also said one of PEDC's obligations was a loan guarantee and when that loan gets paid, then the City could have quite a bit of money for economic development. Council Member Drake said this was a good start if the citizens decide this is the way to go. 18. Discuss and act on the fiscal year 2017-18 budgets for Love Civic Center and the Visitors & Convention Council. Chamber President Ken Higdon said he had asked that they send any questions to him, that he did receive questions and sent the responses. Council Member Knox thanked Mr. Higdon and said she had spent the weekend going over, everything. She noted the Chamber had a busy few months and Mr. Higdon agreed; Council Member Knox said she did not think this budget process fit in well with whaf'the Chamber had been doing the last couple of months. She said she noticed a lot of gaps in the budget and though it needed to be tabled for a little more work. Council Member Knox made a Motion to table this item. Council Member Knox said she wanted to see an explanation for every single line item and she did not get that. She also said a point that was made by the city manager was that budgets were a good planning tool. Mr. Higdon said they did not take this budget lightly, and the board had put a lot of time and effort into it. Mr. Higdon also said they provided that information with the line items to the city manager and he was sorry she did not receive that information. Mayor Clifford said he got it that afternoon at 3:00, which consisted of about 100 pages and believed he was the only that received it. Mr. Higdon reported they had a great year at the Civic Center and that they had a church that rented space every Sunday that there was not an event, but that would go away soon. Council Member Knox said she printed off a past budget which reflected line item explanations, not in depth but nice explanations. She asked Ken to consider using the same type format. Mr. Regular Council Meeting August 28, 2017 Page 7 Higdon said there were items in the current budget they needed to begin working on pretty quickly. Mayor Clifford said he just received this information and he would have liked to gotten it last week, but did not. Mayor Clifford said a Motion to table this had been made and he seconded the Motion. Council Member Drake wanted to know when he needed this budget approved and Mr. Higdon said that was up to the Council. Council Member Knox said she had read the agreement between the City and Chamber and it said they had to present their budget by August 1, along with a plan of program of work which she did not see. There being no further discussion, Mayor Clifford called for a vote. Motion carried, 4 ayes — 2 nays, with Council Members Drake and Portugal casting the dissenting votes. Mayor Clifford said he would forward the information he received to the rest of the City Council. 19. Discuss and act on Paris Economic DevelopmentCorporation's FY 2017-18 budget. PEDC Director Michael Paris said Council Member Knox ,had requested an itemized budget, and he presented to City Council t1 e,PEDC budget reflecting tine item expenses and descriptions. Mr. Paris said Council Member Knox specifically asked aboutt salaries, to which he explained the increase was due to the two temporary employees going to full-time. He said there were three employees, including him. 11 Council Mernl Drake inquired about his retirement plan. Mr. Paris said he had a 401k, the two staff members did not have retirement, but insurance was budgeted for all three employees. 1Vl ,. , Paris explained the categorizations of Depot Operations. Council Member Knox inquired about the Paris News expense and Mr. Paris said it was for a subscription to the newspaper. Mr. Paris said PEDC increased legal fees, due to the Council taking PEDC to a vote and that Ms. Harris'iriight have a conflict of interest. Mayor Clifford disagreed with the increase of legal fees and said the city attorney should be consulted as to whether or not a conflict existed. He said he wanted that zeroed out of the current budget and the upcoming budget. Mr. Paris reviewed items under the Industrial Park, Lamar County Days and marketing for the airport. Mayor Clifford inquired if any of the money for marketing was being spent in Paris and Mr. Paris said it was not. Mayor Clifford said he would like it to be spent in more than a fifty mile radius in order to attract business and people to Paris. Mr. Paris also covered business incentives and debt service. Council Member Knox inquired about Paris Lakes, including the $250,000 set aside for infrastructure. Mr. Paris said the $250,000 was not a reoccurring expense and is still there, because Paris Lakes had five years to complete the infrastructure and they had not done so. Mr. Paris said it was to help them but they had not completed construction, which was required as part of the agreement. Mr. Paris said they were in their last year to complete it and that June 1, 2018 was the deadline. Mayor Clifford confirmed that nothing had been spent. Council Member Knox asked if this if was the construction on the Southeast Loop that was to be an upscale hospital, upscale shopping center and so forth. Mr. Paris said it was for the construction on the Southeast Loop and understood that the plans had changed three times. Council Member Knox confirmed with Mr. Paris that the incentives had not changed. Mr. Paris said it was specific to the roads that were to be built out there. Following the presentation, Mayor Clifford inquired of Mr. Paris how much money they were setting aside for the $4.7 million dollars remaining on the loan guarantee. Mr. Paris said Regular Council Meeting August 28, 2017 Page 8 the EDC had never set aside money for that and it was part of the future cash flows. Council Member Clifford said he did not think this would happen, but if the loan were to be defaulted, then PEDC would have to pay $4.7 million dollars that it did not have. Mr. Paris said it would be paid out of future cash flows but not immediately. Mayor Clifford said this is the item that is keeping PEDC quite a bit in the hole for the next two years. Mr. Paris said Chapter 380 agreements and incentive agreements are all funded with future cash flows by economic development corporations. Mayor Clifford said they did just receive a legal opinion that the entire deal may not be valid at all. Mayor Clifford said the expert opinion came from an economic development lawyer. Mr. Paris said the lawyers he talked to said it was legal but unfortunately it was not the smartest thing to do. Mayor Clued confirmed with Mr. Paris that PEDC was promising future money should it become payable: Mr. Paris went over the estimated income and expenses. Council Member Knox wanted to know what PEDC did with their surplus. According to their Bylaws, Mr. Paris said the surplus goes back into the general fund and is placed into two mechanisms -that hold their reserve cash. Council Member Knox said this type of breakdown was exactly what, she wanted and was helpful With the changes stipulated by Council, a Motion to approve the Paris Economic Development Corporation's budget %, as, made by Mayor Clifford and seconded by Council Members Knox and Portugal. Motion carried, 6 ayes — 0 nays: 20. Discuss and act on RESOLUTION NO. 2017030:A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CALLING A PUBLIC HEARING FOR SEPTEMBER 5, 2017 ON THE CITY MANAGER'S PROPOSED BUDGET FOR FISCAL YEAR 2017-1$;, MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mr. Godwin said he had nothing new and that at this point, they needed to call the public hearings on the proposed budget and proposed property tax rate. Mr. Godwin reminded City Council they would have a special meeting next Tuesday, September 5 at 5:30 p.m. A Motion to approve this item was made by Mayor Clifford and seconded by Council Member Trenado. Motion carried, 6 ayes — 0 nays. 21. Discuss and act on RESOLUTION NO. 2017-031: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CALLING TWO PUBLIC HEARINGS TO RECEIVE PUBLIC COMMENT ON THE CITY'S PROPOSED PROPERTY TAX RATE FOR FISCAL YEAR 2017-18; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Drake and seconded by Mayor Clifford. Motion carried, 6 ayes — 0 nays. Regular Council Meeting August 28, 2017 Page 9 22. Convene into Executive Session pursuant to 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: • Kimberly-Clark Corporation • JS Baking, LLC Mayor Clifford convened City Council into executive session at 7:34 p.m. 23. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Clifford reconvened City Council into open session at 8:18 p.m. and said Council discussed some economic development projects. 24. Consider and approve future events for City 'Co4ncil and/or City Staff pursuant to Resolution No. 2004-081. Council Member Knox said at an earlier meeting they talked about having some long range planning meetings. Mt. Godwin said if they would e-mail to him and the mayor some possible available dates in October,. he would set something up. 25. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Drake and was seconded by Mayor Clifford. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 8:19 p.m. STEVEN J. CLIFFORD, M.D., MAYOR JANICE ELLIS, CITY CLERK MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 5, 2017 The City Council of the City of Paris met for a special session at 5:30 p.m. on Tuesday, September 5, 2017, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Steven Clifford Council Members: Billie Lancaster; Billy Trenado; Linda Knox; Cleonne Drake; and Paula Portugal City Staff: John Godw, City Manager; Stephanie Harris, City AttorneyJanice Ellis City Clerk; Gene Anderson, Finance Director; 70la Easton, City Engineer; Wright, Fire Chin Bob Hundley, Police Chief; Kent Klinkerman; EMS Director; Doug Ha t4s Utilities : Director; Alan Efrussy, Planning Director, and Priscilla McAnally, Library Director Absent: Council Mem bt Aaron Jenkins 1. Call meeting to order. Mayor Clifford called the seting to order at 5:30 p.m. 2. Conduct the first public lie aring on the City's proposal to increase tax revenues from the preceding tax year and up set the iax ,rate for 2017. City Manager John Godwii ��aid this was the first of two public hearing on the proposal to increase tax revenues from the preceding tax year, as approved by the voters in May. Mayor Clifford opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Clifford closed the public hearing. 3. Conduct a public hearing on the City Manager's proposed budget for fiscal year 2017- 2018. Mr. Godwin said he did not have anything new to present. Mayor Clifford opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Clifford closed the public hearing. Special Council Meeting September 5, 2017 Page 2 4. Discuss and act on a Resolution calling a public hearing on proposed amendments to the proposed budget for fiscal year 2017-2018. (if needed) Mr. Godwin said he had not received any proposed amendments, so a hearing would not be necessary. Mayor Clifford moved to the next item. 5. Discuss and act on an amendment to the Notice of Special Election to change the location of one polling place. City Clerk Janice Ellis explained the county was not going to use the fairgrounds as a polling place, so the city needed to move that polling place to the Lamar County Courthouse Annex. She said that all seven districts would vote at the Courthouse Annex. In addition, Ms. Ellis said the county was going to conduct the first two, ' rly voting days from 7:00 a.m. to 7:00 p.m. She asked that Council amend the Notice of Election to rues these requested changes. A Motion to amend the Notice of Election was made by Mayou Clifford and seconded by Council Member Drake. Motion carried, 6 ay6" nays. 6. Convene into Executive Session pursuant to Section 551.087 of the Texas Government Code, (1) to discuss or delib*ate'regarding coriimbrcial or financial information that the governmental body has received frorn , a business pros ect that the governmental body seeks to have locate, stay, or expand in 1"ir the tery of the governmental body and with which the governmental body'is conducting economic -development negotiations; or (2) to deliberate the of#' of a financial or other incentive to a business prospect described by Subdivision (1), as fotiaws: Campbell Soup Company. Mayor Clifford convened City Council into executive session at 5:34 p.m. 7. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Clifford reconvened CityCouncil into open session at 6:07 p.m. and said City Council discussed current and future tax abatements. 8. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Trenado and was seconded by Mayor Clifford. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 6:07 p.m. STEVEN J. CLIFFORD, M.D., MAYOR JANICE ELLIS, CITY CLERK