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11/12/2018 MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS November 12, 2018 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, November 12, 2018, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Steven Clifford Council Members: Derrick Hughes, Renae Stone, Linda Knox, Billy Trenado, Clayton Pilgrim, 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; Bob Hundley, Police Chief, Thomas McMonigle, Assistant Fire Chief; Doug Harris, Utilities Director; Kent Klinkerman, EMS Director; Jerry McDaniel, Public Works Director; and Clyde Crews, Fire Marshal O enin A enda 1. Call meeting to order. Mayor Clifford called the meeting to order at 5:30 p.m. 2. Invocation. Finance Director Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Hughes led the pledge. 4. Citizens' Forum. Nathan "Jim" Bell, 720-39t" S.E. — he asked if item 18 would allow a duplex to be built on a single piece of property or would it be required to be re -platted. Specifically, he wanted to know if several structures would be allowed to be constructed on one lot. City Manager John Godwin said item 18 was not about this subject. Consent A kenda 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 Regular Council Meeting November 12, 2018 Page 2 made by Council Member Hughes and seconded by Mayor Clifford. Motion carried, 7 ayes — 0 nays. 5. Approve minutes from the meeting on October 22, 2018. 6. Receive reports and/or minutes from the following boards and commissions: a. Paris Economic Development Corporation (9-18-2018) b. Paris Public Library Advisory Board (9-19-2018) c. Airport Advisory Board (9-20-2018) d. Planning & Zoning Commission (10-1-2018) 7. Receive September monthly financial report. 8. Re -appoint Russell Figgins to the Civil Service Commission. 9. Approve a Lease Agreement renewal with the Maxey Rifleman Gun Club, Inc. 10. Approve an Agreement for Arbitrage Rebate Compliance Services between the City of Paris and First Southwest Asset Management, Inc. 11. Authorize the city manager to execute an ingress/egress easement on a strip of property that connects MLK Drive and 3rd Street N.E. 12. Approve RESOLUTION NO. 2018-027: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, LAMAR COUNTY, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO BECOME A RESERVATION SYSTEM PARTICIPANT FOR HOME FUNDS TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS; GRANTING AUTHORITY TO THE CITY MANAGER TO EXECUTE ANY AND ALL OTHER INSTRUMENTS REQUISITE IN IMPLEMENTING SAID RESOLUTION, AND AUTHORIZING THE CITY CLERK TO AUTHENTICATE THE CITY MANAGER' SIGNATURE TO ANY AND ALL OTHER INSTRUMENTS REQUISITE IN IMPLEMENTING SAID RESOLUTION. Regular Agenda 13. Conduct a public hearing, discuss and act on an Ordinance considering the petition of George Fisher, for a change in zoning from an Agriculture District (A) to a Commercial District (C), in the B.D.T. Subdivision, Block A, Lot 2, being located behind 3850 Lamar. (WITHDRAWN) 14. Conduct a public hearing, discuss and act on ORDINANCE NO. 2018-036: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, Regular Council Meeting November 12, 2018 Page 3 AS HERETOFORE AMENDED, SO AS TO REZONE CITY BLOCK 305, LOT 6, IDENTIFIED AS LCAD PARCEL ID 18627, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE -FAMILY DWELLING DISTRICT (SF2) TO A HEAVY INDUSTRIAL DISTRICT (HI), 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 Manager John Godwin explained items 14 and 15 were part of the same project, American Spiral Weld. He further explained that Spiral Weld entered into an economic development agreement with PEDC and the City for a large industrial facility and as part of the agreement, Spiral Weld would receive land from both entities. Mr. Godwin said Spiral Weld requested a zoning change from Residential to Heavy Industrial for the city land and from Light Industrial to Heave Industrial for the PEDC land. He also said that the Planning and Zoning Commission recommended approval of the zoning changes, as did city staff. 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 this item was made by Mayor Clifford and seconded by Council Members Hughes and Trenado. Motion carried, 7 ayes — 0 nays. 15. Conduct a public hearing, discuss and act on ORDINANCE NO. 2018-037: 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 FOUR PROPERTIES, IDENTIFIED AS LCAD PARCEL ID'S 115909; 18623; 124273 AND 209792 IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A LIGHT INDUSTRIAL DISTRICT (LI) TO A HEAVY INDUSTRIAL DISTRICT (HI), 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. Mayor Clifford opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. Carolyn Briley, 2510 W. Campbell, spoke in opposition to the zoning change. She expressed concern about the pipe line that was currently located there and the heavy equipment that would be brought in. Ms. Briley said she had lived there for 35 years and asked if they could put some type of barrier up, if they were going to do this. PEDC Executive Director Michael Paris said he could not give assurance that Spiral Weld would do that, but he would contact them and ask them. With no one else speaking, Mayor Clifford closed the public hearing. A Motion to approve this item was made by Council Member Pilgrim and seconded by Council Members Portugal and Knox. Motion carried, 7 ayes — 0 nays. Regular Council Meeting November 12, 2018 Page 4 16. Conduct a public hearing, discuss and act on an Ordinance considering the petition of 903 Development Co. LLC -Chris Fitzgerald, for a change in zoning from a One -Family Dwelling District (SF2) to a Multiple -Family District (MF1), in the City of Paris, Block 259, Lots 16, 21 and 33-A, being located at 650 26 N.E. (WITHDRAWN). 17. Conduct a public hearing, discuss and act on ORDINANCE NO. 2018-038: 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 SECTIONS 3-100, "ZONING AND ZONING DISTRICTS," 8, "USE OF LAND AND BUILDINGS," AND 22-100, "GENERAL DEFINITIONS," TO CREATE A NEW ZONING DISTRICT, "FOUR - FAMILY ZONING DISTRICT (4F)" AND TO REVISE DEFINITIONS RELATED TO TATTOOING AND PERMANENT COSMETICS; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Godwin explained the current ordinance was written at a time when there was no permanent makeup, and that the definitions of tattooing and tattoo parlor needed to be revised to exclude permanent makeup. Mr. Godwin said the revisions would eliminate the need to request zoning changes for current businesses wishing to provide permanent makeup. 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 this item was made by Mayor Clifford and seconded by Council Member Portugal. Motion carried, 7 ayes — 0 nays. 18. Conduct a public hearing, discuss and act on an Ordinance considering an amendment to Appendix C of the Zoning Ordinance of the City of Paris, Texas, more specifically to create a new zoning district to include duplexes, triplexes and quadplexes. Mr. Godwin explained the City was requesting to amend the Zoning Ordinance by creating a new three/four-family dwelling, or 4-F zoning district. He said the new multiple - family category would accommodate triplexes and quadplexes. Mayor Clifford opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. Nathan "Jim" Bell said he needed clarification about multiple housing on a single tract of land. Council Member Pilgrim inquired about clarification. Mr. Godwin said he did not have an answer at that time, as the Ordinance before them cleaned up the current zoning ordinance which did not address three and four -family dwellings. Mayor Clifford said this is something they had needed for a long time. With no one else speaking, Mayor Clifford closed the public hearing. Regular Council Meeting November 12, 2018 Page 5 A Motion to approve this item was made by Mayor Clifford and seconded by Council Member Portugal. Motion carried, 7 ayes — 0 nays. 19. Discuss and act on ORDINANCE NO. 2018-039: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE CITY OF PARIS CODE OF ORDINANCE, CHAPTER 31, "TRAFFIC CODE," ARTICLE II, "OPERATION OF VEHICLES," DIVISIONS 3, "TRUCK ROUTES," SECTION 31-51, "APPLICATION OF ORDINANCE;" MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Chief Hundley said the present ordinance covers truck tractor semi -trailers driving through the City not on a designated truck route and requires probable cause for a stop by police officers. He explained that by amending the ordinance to include defenses to prosecution for those trucks that are making deliveries or pickup, would make enforcement and prosecution much easier. Council Member Knox expressed a need for better signage as trucks were entering town. Chief Hundley said that the Engineer and Fire Departments were working on a hazardous material route, which would require larger signs. Chief Hundley also said TxDOT had to approve all of it, because the signs would be placed on Texas Highways coming into town. A Motion to approve this item was made by Council Member Knox and seconded by Council Member Trenado. Motion carried, 7 ayes — 0 nays. 20. Discuss Traffic Code Section 31-89, leaving a vehicle parked in a public place in excess of 24 hours. Chief Bob Hundley said the present ordinance requires an otherwise legally parked vehicle to be moved every twenty-four hours, and the only remedy was to tow the vehicle. Chief Hundley said he researched this ordinance and did not know why it was in place, and was asking direction to either repeal the ordinance or amend the ordinance allowing for seventy-two hours. He informed City Council there was already an ordinance in place that dealt with junk vehicles. Following additional discussion, it was a consensus of City Council that an ordinance be brought back, which would allow for seventy-two hours, do away with impoundment, and include a provision for issuance of citation. 21. Discuss and authorize the city manager to execute a contract with PavCon Public Works for the 17th Street S.E. Reconstruction Project; and related change orders for an amount not to exceed $2,200,000.00. City Engineer Carla Easton explained the 2017 Street Program included reconstruction of 17th Street and 24" Street from Clarksville to Lamar. She said four bids were received for the two projects but due to high construction costs, funding was available for only the 17th Street Project. Ms. Easton said PavCon Public submitted the lowest bid in the amount of 2,111,753.35, Regular Council Meeting November 12, 2018 Page 6 and staff recommended going with the lowest bidder. Ms. Easton said the construction was anticipated to take twelve months. Council Member Trenado said he was in favor of awarding this contract to Drake Construction because they were a local company and involved in the community. Ms. Easton said the project was competitively bid and there was a difference of $60,000. Council Member Stone said PavCon was the lowest bidder, they won and the City should honor that. City Attorney Stephanie Harris said State Law prohibited them from selecting a company simply because they were local. A Motion to approve a contract with PavCon in amount not to exceed $2,200,000.00 was made by Council Member Portugal and seconded by Council Member Hughes. Motion carried, 7 ayes — 0 nays. 22. 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 (1) pending or contemplated litigation and/or (2) on matters in 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, regarding Tax Abatement Agreement between the City of Paris and Paris Regional Medical Center. Mayor Clifford convened City Council into executive session at 6:08 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 6:35 p.m. and said they obtained legal advice from the city attorney. 24. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. None were referenced. 25. Adjournment. There being no further business, a Motion to adjourn was made by Mayor Clifford and was seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 6:35 p.m. I STEW J. CLIFFOIZI , vI.D., MAYOR