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05 - City Council MinutesItem No.5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS January 22, 2018 The City Council of the City of Paris met for a regular session at 5:30 pm. on Monday, January 22, 2018, at the City Council Chamber, 107 E. Kaufman, Paris, Texas, Present: Mayor: Steven Clifford Council Members: Aaron Jenkins; Billie Lancaster; 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; Bob Hundley, Police Chief; Larry Wright, Fire Chief, Doug Harris, Utilities Director; .Kent Klinkerman, EMS Director; Carla Easton, City Engineer; Jerry McDaniel, Public Works Director; Alan Efrussy, Planning Director; Clyde Crews; Fire Marshal Opening Agenda Call meeting to order. Mayor Clifford called the meeting to order at 5:30 p,rn. 2. Invocation. Finance Director Gene Anderson gave: the invocation. Pledge of Allegiance. Council Member Drake led the pledge, 4. A. Citizens' Forum, No one spoke during citizens' forum. B. Proclamation declaring January 25, 2018 as the Point -in -Time Count. Homeless Coalition President April Carl gave a brief' presentation, followed by Mayor Clifford reading and presenting the proclamation to Ms, Carl. Regular Councill Meeting January 22, 2018 Page 2 Consent Agenda Mayor Clifford inquired of Council Members if they wished to pull any items from the consent agenda for discussion. Mayor Clifford said he wished to pull item 11, because they now had two applicants. Appoint Benny Plata to serve an unexpired term on the Planning and Zoning Commission, Mayor Clifford said the applicants were Benny Plata and Dr. Hashmi. A Motion to appoint Dr. Hashmi to the unexpired term on Planning and Zoning was made by Mayor Clifford and seconded by Council Member Knox. Motion carried, 6 ayes I nay, with Council Member Trenado casting the dissenting vote. A Motion to approve the remainder of consent agenda was made by Council Member Drake and seconded by Mayor Clifford, Motion carried, 7 ayes — 0 nays. 5. Approve minutes from the meetings of December 9 and December 11, 2017. 6. Receive reports and/or minutes from the following boards, cornmissions, and committees: a. Housing Authority (9-19-2017), b. Paris Public Library Advisory Board (I 1-15-2017) c. Paris Economic Development Corporation (11-10-2017 & 12-1-2017) d. Main Street Advisory Board (11-14-2017 & 12-12-2017) e. Historic Preservation Commission (11-8-2017 & 12-13-2017) f Board of Adjustment (11-7-2017 & 12-5-2017) g. Planning & Zoning Commission (12-4-2017) h. Paris-Larnar County Board of Health (6-19-2017 & 8-21-2017) i. Love Civic Center (11-9-2017) 7, Receive November and December monthly financial reports, 8. Re -approve the City Investment Policy. 9. Receive December drainage report. 10. Receive demolition and code enforcement activity reports. 11. Approve the Final Plat of Lots I and 2, Block A, McCain Addition, located at 2150 Church Street. 12. Approve RESOLUTION NO. 2018-001: A RESOLUTION OF' THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ORDERING THE REGULAR MUNICIPAL ELECTION FOR THE CITY OF PARIS, TEXAS, TO BE HELD ON THE FIRST SATURDAY IN MAY 2018, SAME BEING THE 5-rH DAY OF MAY 2018, FOR THE PURPOSE OF ELECTING MEMBERS OF' THE PARIS CITY COUNCIL IN Regular Council Meeting January 22, 2018 Page 3 DISTRICTS 1, 2, 3, AND 6 FOR THE ENSUING TWO YEARS; DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; AND DECLARING AN EFFECTIVE DATE. 13. Approve RESOLUTION NO. 2018-002: A RESOLu'riON OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING A CONTRACT BETWEEN THE CITY OF PARIS AND THE LA AR COUNTY ELECTIONS ADMINISTRATOR TO ASSIST, COORDINATE, SUPERVISE AND HANDLE CERTAIN ASPECTS OF ADMINISTERING THE GENERAL ELECTION FOR MAY 5, 2018, FOR THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 14. Authorize final payment in the arnount of $14,410.09, close out the contract with Richard Drake Construction for the 2016 TxCDBG Downtown Sidewalk Replacement Project and accept improvements. ,Regular Agenda J& Conduct a public hearing, and authorize the City Manager to execute any and all documents required to close out the 2016 TxCDBG (Texas Capital Fund) downtown sidewalk grant, City Engineer Carla Easton explained the City was awarded a grant of $150,000 for reconstruction of sidewalks from the South side of Lamar Avenue to First Southeast to North Main and the West side of First Southwest from Kaufman to Austin. Ms. Easton said Richard Drake Construction completed all improvements and a public hearing was required prior to closing out the grant, Mayor Clifford opened the public hearing and asking for anyone wishing to speak about this itern, to please come forward. With no one speaking, Mayor Clifford closed the public hearing. A Motion to approve the item was made by Mayor Clifford and seconded by Council Member Trenado. Motion carried, 7 ayes — 0 nays. 17. Discuss, conduct a public hearing, and act on an Ordinance considering the petition, of Eddy Thomas for a change in zoning from a Single-Farnily Dwelling District No. 2 (SF - 2) to a Mixed Use Planned Development District (PD), located at 3787 N. Loop 286, known as 3.801 AC in the Isaac Cruise Survey, A-162, being all of Lot 7A & PT of 8; Residue of Lot 8, 14.11 AC; & PT of Lot 6, in City of Paris, Block 331, as recorded in Warranty Deed 142722-2017, recorded 04/21/20,17, Deed Record Lamar County Clerk, A Motion to remove this item from the table was made by Mayor Clifford and seconded by Council Member Portugal. Motion carried, 7,ayes ---. 0 nays. Regular Council Meeting January 22, 2018 Page 4 Planning Director Alan Efrussy said Eddy Thornas requested a change from Single Family Dwelling to Commercial zoning and subsequently changed the request to a Mixed Use Planned Development District. Mr. Efrussy also said this request was tabled by the Planning and Zoning Commission at three different meetings and at their January 2 meeting, the Commission voted 5-1 to recommend denial, Mayor Clifford inquired about the different uses should Council approve this request for zoning. Mr. Efrussy said there were rnany uses. Mayor Clifford confirmed with Mr. Efrussy there was no way that the residents could know what was going in at the location if the zoning was approved. Mayor Clifford opened the public hearing and asked for anyone wishing to speak in support or opposition of this zoning change request, to please come forward, James Belcher, 444-5t" I.E., spoke in opposition. Rene Havey, 4125 Smallwood, spoke in support of the zoning change. She said she represented Eddy Thomas and the Lamar County Appraisal District identified the property as commercial but the City had it zoned for single farnily residences. She said they did not know what the end use was going to be, but were currently marketing the property, Ms. Harvey said the current zoning of single family was not appropriate and asked that the Council consider changing the zoning to allow for planned development with restrictions. Carolyn Nicholson, 3535 W. Houston, said she: had lived there, for 45 years and did not want to see commercial business there, because it would disrupt their nice quiet neighborhood. dickey Oliver, 3640 W. Houston, said she had lived there 39 years and she was opposed to the zoning change. Larry McDowell, 3420 W. Houston, he said he purchased property there in March and was told the property around him was zoned single family. Rickey Oliver, 3640 W. Houston, said they did not know what the buyer would do with the property and opposed the zoning change. Mary Epperson, 3715 Houston, said she had lived there since 2003 and opposed the zoning change. Mayor Clifford said he was for development but he was going to agree with the Planning and Zoning Commission. He also said if the residents knew what was going to go in at this location, they might not oppose it. Council Member Portugal inquired how long would it be before they knew what was going to go in at this location. Ms. Harvey said she did not have an answer for therm. A Motion to deny the zoning change was made by Mayor Clifford and seconded by Council Member Drake. Motion carried, 6 ayes — I nay, with Council Member Trenado casting the dissenting vote. 18,, Receive presentation from Main Street Advisory Board about completed improvements downtown and a 2018 plan of work, City Council received a presentation from the Main Street Advisory Board outlining completion of downtown improvements, activities downtown, fundraising efforts, grants, and their 2018 plan of work. Main Street Director Cheri Bedford emphasized the improvements and downtown activities would not be possible without the countless, hours, of this board and other volunteers. Regular Council Meeting January 22, 2018 Page 5 19. Discuss and act oil RESOLUTION NO. 2018-003: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A REVISION TO AN OFFER BY THE PARIS ECONOMIC DEVELOPMENT CORPORATION TO AMERICAN SPIRAL, WELD PIPE COMPANY, LLC TO PROVIDE THE OFFER OF FORTY (40) ACRES OF LAND TO BE ADDED TO THE ONE HUNDRED AND ONE (101) ACRES APPROVED DECEMBER 11, 2017 BY RESOLUTION 2017-041; TO INCLUDE IN THE OFFER A 9,09 ACRE TRACT OWNED BY THE CITY OF PARIS SUBJECT TO CERTAIN RESERVATIONS OF RIGHTS AND FINDING A PUBLIC PURPOSE THEREFOR; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJEC'"I'- AND DECLARING AN EFFECTIVE DATE. PEDC Director Michael Paris informed City Council that at PEDC's meeting of December 19 the board approved 40 additional acres of land for American Spiral Weld, Mr. Paris said during the assessment they learned there was a quite a bit of clean-up to be done and in order to be competitive, they wanted to add the additional acreage. Mayor Clifford confirmed with Mr. Paris they were asking Council to approve the additional 9 acres owned by the City through a 3,80 agTeement. A Motion to approve this item was made by Mayor Clifford and seconded by Council Members Knox, Portugal, and Drake. Motion carried, 7 ayes — 0 nays. 20. Discuss and act on RESOLUTION NO. 2018-004: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AUTHORIZING THE CITY TO BE ELIGIBLE TO PARTICIPATE IN PROPERTY TAX ABATEMENTS AND APPROVING GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENTS IN THE CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED, TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Manager John Godwin explained that municipalities that off.or tax abatements are required to adopt and maintain a tax abatement policy. He said the current policy was approved in January 2016 for a period of two years, so it must be re -adopted. Mr. Godwin said he had deleted references to the tax abatement committee, because they no longer meet. He also said he deleted PJC from the abatement process, because they opted out about a year ago. A Motion to approve this item was made by Mayor Clifford and seconded by Council Member Portugal. Motion carried, 7ayes — 0 nays,. 21. Discuss and act on ORDINANCE NO. 2018-001: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE CITY OF PARTS CODE OF ORDINANCES BY REVISING CHAPTER 26', ARTICLE 1, SECTION 26-6, "ASSIGNMENT PAY," OF SAID CODE RELATING 'TO ASSIGNMENT PAY IN THE PARIS POLICE DEPARTMENT BY DELETING REFERENCES TO A K-9 OFFICER AND TO THE DRUG TASK FORCE ASSISTANT COMMANDER; BY ESTABLISHING ASSIGNMENT PAY IN THE AMOUNT OF $87,50 PER MONTH January 22, 2A18 Page 6 FOR PARTICIPATION IN EACH OF THE SWAT/HOSTAGE NEGOTIATION AND ACCIDENT RECONSTRUCTION UNITS; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, AND DECLARING AN EFFECTIVE DATE, Police Chief Hundley said the police department had two teams of officers who respond to very specific incidents which require additional training, skills and certification. Chief Hundley referenced the SWAT Team, the Hostage Negotiator and Accident Reconstruction Team, and said he was asking that each officer on these teams be afforded an additional $87.50 per month. He said the assignment pay for the canine officer and the drug task force commander portions of the ordinance should be deleted, Chief Hundley explained tile canine officer is compensated by work schedule allowances and the drug task force assistant commander no longer existed. A Motion to approve this item was made by Council Member Drake and seconded by Council Member Knox. Motion carried, 7 ayes — 0 nays. 22. Discuss and act on ORDINANCE NO. 2018-002: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 2, ARTICLE IV, SECTION 2-98 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; PROVIDING FOR AN INCREASE IN EMERGENCY AND NON- EMERGENCY AMBULANCE SERVICES RATES; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. EMS Director Kent Klinkennan said EMS supplies were no longer allowed to be itemized to insurers and in order to capture those expenses, the base rates needed to increase for billing and reimbursement, Mr. Klinkennan said the mileage rate needed to increase to offset fleet operating expenses and the last rate change was 2011. Mayor Clifford wanted to know if these changes would affect the contract with the county. Mr. Klinkerman said it would not. A Motion to approve this item was made by Council Member Portugal and seconded by Mayor Clifford, Motion carried, 7 ayes — 0 nays. 23. 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 pending or contemplated litigation and/or on matters I which the duty of an attorney to her client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with this chapter, as follows: New Cingular Wireless P,CD, LLC d/b/a/ AT & T Mobility, Plaintiff v. City of Paris, CTRA Property Holdings Corporation and Oncor Electric Delivery Company, LLC, Defendants, Cause No. 86108. Mayor Clifford convened City Council into executive session at 6:40 p.m. Regular Council Meeting January 22, 2018 Page 7 24. Reconvene into Open Session and possibly take action on those matters discussed in the Executive Session. Mayor Clifford reconvened City Council into open session at 6.44 p.m. 25. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2001 4-081. Mayor Clifford said in the future when there were board vacancies, lie wanted to see them advertised because a lot of people otherwise would not know about the vacancies, 26. Adjournment. There being no further business, a Motion to adjourn was, made by Mayor Clifford and was seconded by Council Member Trenado. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 6:44 p.m. STEVEN Jr. CLIFFORD, M.D., MAYOR JANICE E.I..LIS, CITY CLERK