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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. Regular Council Meeting 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. Regular Council Meeting 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. Regular Council Meeting 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. Regular Council Meeting 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. Regular Council Meeting 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. �. l NICE ELLIS, CITX,.CWRK STEV J. CLIFF���, M . ....._ D, MAYOR