12/10/2018 MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
December 10, 2018
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
December 10, 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; Carla Easton,
City Engineer; Bob Hundley, Police Chief; Thomas
McMonigle, Assistant Fire Chief; and Clyde Crews,
Fire Marshal
O cnin A enda
Call meeting to order.
Mayor Clifford called the meeting to order at 5:30 p.m.
2. Invocation.
EMS Director Kent Klinkerman gave the invocation.
Pledge of Allegiance.
Council Member Hughes led the pledge.
4. Citizens' Forum.
Vic Ressler, 4020 Holbrook — he spoke in support of the zoning change of Mr. Fisher and
said he was the realtor involved. Mr. Ressler also said he lived in Morning Side, he did not want
property values to decrease, and what was bring proposed would not decrease property values.
Steve Hyde, 3050 Oak Creek, Paris Regional Medical Center CEO — he said he did not
feel the hospital was in default and that the City had known for several years that they were
consolidating health care services to the north campus away from the south campus. Mr. Hyde
also said PRMC had almost doubled the $27.2 million investment and added more jobs than
required. He requested that PRMC have an opportunity to sit down with the City and try to
come to an agreement to amend the tax abatement agreement.
Linda McCarrell, 4115 Pine Mill Road — she spoke in support of the zoning change for
item 14.
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December 10, 2018
Page 2
Consent Ag nda
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 Portugal and seconded by Council Member Hughes. Motion carried,
7 ayes — 0 nays.
5. Approve minutes from the meeting on November 12, 2018.
6. Receive reports and/or minutes from the following boards and commissions:
a. Traffic Commission (8-7-2018)
b. Airport Advisory Board (10-18-2018)
c. Paris Visitors & Convention Council (10-15-2018)
d. Paris Economic Development Corporation (10-10-2018 & 10-16-2018)
e. Planning & Zoning Commission (11-5-2018)
7. Receive October financial report.
Receive October drainage report.
9. Approve the Final Plat of Lot 1, Block A of the House-Aikin Addition City Block 294,
being located at 3125 E. Houston St.
10. Authorize final payment in the amount of $113,255.24, close out the contract with RBIS
Construction Company for the construction of the Southeast Lift Station, the Force Main
Replacement Project, and accept improvements.
11. Approve Airport Hangar Lease Extension Agreement with Eric Zarones for a five-year
extension to the ground lease on Hangar A-7.
12. Approve a three-year contract with Sanitation Solutions, Inc. in the amount of $33.35 per
ton for demolition and debris removal of condemned structures.
ReLyular Agenda
13. Conduct a public hearing, discuss and act on ORDINANCE NO. 2018-040: 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 BLOCK A, LOT 2, IN THE
B.D.T. SUBDIVISION, BEING LOCATED BEHIND 3850 LAMAR, IN THE CITY OF
PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURE DISTRICT (A) TO
A GENERAL RETAIL DISTRICT (GR); DIRECTING A CHANGE ACCORDINGLY
IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER
December 10, 2018
Page 3
CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
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December 10, 2018
Page 4
PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURE DISTRICT (A) TO
A COMMERCIAL DISTRICT (C); 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.
Mr. Godwin explained this applicant had applied for a zoning change from Agriculture to
Commercial and that the location was an existing business. He further explained that the
applicant wanted to put in a new business which required a certificate of occupancy. Mr.
Godwin said appropriate zoning is required to get a certificate of occupancy and this property
should be rezoned to bring this new business into compliance. He also said Planning and Zoning
unanimously approved this zoning change
Mayor Clifford opened the public hearing and asked for anyone wishing to speak in favor
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 Pilgrim and
seconded by Mayor Clifford. Motion carried, 7 ayes — 0 nays.
15. Discuss and act on ORDINANCE NO. 2018-042: AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 26-1,
"COMPOSITION OF DEPARTMENT," AND SECTION 26-9, "SENIORITY PAY,"
OF CHAPTER 26, "POLICE," OF THE CODE OF ORDINANCES OF THE CITY OF
PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE,
A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE.
Chief Hundley said that three lieutenants had retired or were scheduled to retire by the
end of the year and that promotional exams would be held for two of the open positions. He
asked that the third lieutenant's spot be converted to a police officer position, reducing the total
lieutenant positions from 7 to 6 and the increasing the total number of officers from 40 to 41.
A Motion to approve this item was made by Mayor Clifford and seconded by Council
Member Portugal. Motion carried, 7 ayes — 0 nays.
16. Discuss and act on an Ordinance of the City Council of the City of Paris, Texas,
Amending Section 26-9, "Seniority Pay," of Chapter 26, "Police," of the Code of
Ordinances of the City of Paris, Texas; making other findings and provisions related to
the subject; providing a repealer clause, a severability clause, a savings clause; and
declaring an effective date.
Chief Hundley explained that during yearly pay comparisons for police officers, out of
nine departments, only two had twenty-year top -outs. He said budget information was presented
and approved to change the top -out for officers to eleven years. He also said the officers would
receive a pay increase at each two-year service mark with the last increase at eleven years.
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December 10, 2018
Page 5
A Motion to approve this item was made by Council Member Hughes and seconded by
Mayor Clifford. Motion carried, 7 ayes — 0 nays.
17. Discuss and act on ORDINANCE NO. 2018-043: AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE CITY OF PARIS
CODE OF ORDINANCES, CHAPTER 31, "TRAFFIC CODE," ARTICLE IV,
"STOPPING, STANDING AND PARKING," SECTION 31-89, "CONTINUOUS
PARKING IN EXCESS OF TWENTY-FOUR HOURS;" 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 at their last meeting they discussed the proposed changes. Chief
Hundley explained this ordinance amends the time period from twenty-four to seventy-two hours
that a vehicle may be continuously parked on a public street.
A Motion to approve this item was made by Council Member Pilgrim and seconded by
Council Member Trenado. Motion carried, 7 ayes — 0 nays.
18. Discuss and act on ORDINANCE NO. 2018-044: AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE CITY OF PARIS
CODE OF ORDINANCES TO REPEAL SECTION 7-2, "DECORATIVE CANVAS
AWNINGS IN THE CENTRAL AREA DISTRICT;" MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER
CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING
AN EFFECTIVE DATE.
Mr. Godwin said this was an old, outdated 1970 ordinance that created a committee to
review applications for decorative canvas awnings in downtown. Mr. Godwin also said the
Historic Preservation Commission was created in 2000-01 and assumed that review role. He
said the review of awnings was completed either in-house or by the HPC, and this was only an
administrative cleanup issue.
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 appoint new board members to fill two vacancies on the Airport Advisory
Board.
City Clerk Janice Ellis said there were three applicants and drew the names as follows:
David Gibo, Scott Avery, and Brad Meyers. Council Member Portugal nominated Brad Meyers;
Mayor Clifford nominated Scott Avery and David Gibo. As the order drawn, Mayor Clifford
called for a vote on the applicants. Mr. Gibo received 3 votes; Mr. Avery received 2 votes; and
Mr. Meyers received 6 votes. Mayor Clifford announced Mr. Meyers was appointed to the board.
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December 10, 2018
Page 6
Ms. Ellis shuffled the names again, and drew Mr. Avery's name first and then Mr. Gibo's name.
Mayor Clifford called for a vote on Mr. Avery. Mr. Avery was appointed to the board with
seven votes.
20. Discuss and act on ORDINANCE NO. 2018-045: AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, ISSUING A LICENSE TO DAVID
THOMPSON D/B/A LONE STAR CAB CO. TO OPERATE A TAXICAB BUSINESS
ON THE PUBLIC STREETS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC
NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID LICENSE; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
Mr. Godwin said this was a renewal of a current taxicab license.
A Motion to approve this item was made by Mayor Clifford and seconded by Council
Member Portugal. Motion carried, 7 ayes — 0 nays.
21. Discuss and act on RESOLUTION NO. 2018-028: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS; TERMINATING A TAX
ABATEMENT AGREEMENT WITH ESSENT PRMC L.P. D/B/A PARIS REGIONAL
MEDICAL CENTER; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
City Attorney Stephanie Harris explained that in 2012 the City and Paris Regional
Medical Center entered into a Tax Abatement Agreement requiring that PRMC operate their
north and south campuses as acute care hospitals. Ms. Harris said in 2017, PRMC closed the
geriatric psychiatric unit at the south campus, and in 2018 the company operating the long-term
acute care facility at the south campus closed its facility, and PRMC closed the hospital license
for the south campus. Ms. Harris said PRMC was in default under the Agreement. Ms. Harris
reported the City provided PRMC with a notice of default on September 5, 2018, giving PRMC
60 days to cure its breach of the Agreement. Ms. Harris said PRMC filed a lawsuit requesting a
temporary restraining order and injunction prohibiting Council from terminating the Agreement
and requesting a declaratory judgment that PRMC was not in default under the Agreement. Ms.
Harris advised should Council terminate the Agreement, PRMC would owe the City all taxes
that would have been owed, along with penalties and interest as allowed by the Texas Tax Code.
According to the Chief Appraiser, Ms. Harris said PRMC would owe taxes, penalties and interest
up through the 2018 tax year in an amount of approximately $1,137,000.00.
Council Member Portugal confirmed PRMC was in compliance for six years and stated
she did not favor making them pay back taxes for those years. She said she thought the City
should engage in discussions with PRMC in an effort to try to settle this. Council Member Stone
agreed with Council Member Portugal. Council Member Trenado said what PRMC did was
unethical. Council Member Hughes said the abatement agreement included that both hospitals
remain open during the entire time period. He also said PRMC knew in advance they were going
to close the south campus, but did not come to the City in advance to try to work something out.
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December 10, 2018
Page 7
Council Member Hughes said when the City amended a tax abatement in the past, the industry
came to the City in advance to let them know what was going on. Council Member Pilgrim said
he loved PRMC but the Council represented the tax payers. Mayor Clifford said when this
agreement was negotiated the intent was to not have a vacant building. He said that was a major
part of the agreement and now there was a vacant building downtown. Mayor Clifford said this
was such a material breach. Council Member Knox agreed with Mayor Clifford and added not
only did they vacate the building, but they delicensed the hospital. She said this meant another
hospital could not go in that building.
A Motion to terminate the tax abatement agreement and seek all taxes was made by
Mayor Clifford, and seconded by Council Member Knox. Motion carried, 5 ayes — 2 nays, with
Council Members Portugal and Stone casting the dissenting votes.
22. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004-081.
Mr. Godwin reminded Council to review their calendars and let Ms. Ellis know of a date
they could meet in February for a council retreat. Council Member Pilgrim commended the
police department how they handled a recent incident where there was an intruder in his
neighborhood. Council Member Portugal said on the next agenda she wanted an item to discuss
the Department of Homeland Security as related to 911 universal numbering of addresses.
23. 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.
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l NICE ELLIS, CITX,.CWRK
STEV J. CLIFF���, M .
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D, MAYOR