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06/24/2019MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS June 24, 2019 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, June 24, 2019, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Steve Clifford Council Members: Renae Stone; Derrick Hughes; Billy Trenado; Linda Knox; Paula Portugal; and Clayton Pilgrim City Staff: John Godwin, City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Bob Hundley, Police Chief, Mike Vogel, Fire Chief; Carla Easton, City Engineer; Kent Klinkerman, EMS Director; Doug Harris, Utilities Director; Jerry McDaniel; Public Works Director; Priscilla McAnally, Library Director; and Thomas Hunt, Municipal Judge Opening Agenda 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 Portugal led the pledge. 4. A. Citizens' forum. James O'Bryan, 3150 Bonham Street — as a member of the Planning & Zoning Commission, he said that John Lee's term would soon be expiring and expressed appreciation for Mr. Lee's service. B. Proclamation celebrating the 100' birthday of Thomas David Mallison. Mayor Clifford read and presented the proclamation to Thomas David Mallison. C. Proclamation of Life Saving Awards to Colleen Dawson and Chloe Holbrook. Regular Council Meeting June 24, 2019 Page 2 Mayor Clifford read the proclamations and presented them to Colleen Dawson and Chloe Holbrook. Consent A enda 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 Trenado, and seconded by Council Member Hughes. Motion carried, 7 ayes — 0 nays. 5. Approve minutes from the meeting on June 10, 2019. 6. Receive reports and/or minutes from the following boards and commissions: (a) Historic Preservation Commission (5-8-2019) (b) Building & Standards Commission (5-20-2019) (c) Paris Visitors & Convention Council (5-20-2019) (d) Paris Economic Development Corporation (5-21-2019 & 5-28-2019) 7. Receive May monthly financial report. 8. Receive May drainage report. 9. Receive demolition and code enforcement activity reports. 10. Approve RESOLUTION NO. 2019-020: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING THE SUBMISSION OF AN APPLICATION FOR A PROJECT SAFE NEIGHBORHOOD GRANT, GRANT NUMBER 3921101, AVAILABLE FROM THE DEPARTMENT OF JUSTICE AND ADMINISTERED THROUGH THE GOVERNOR'S OFFICE; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS. 11. Approve closeout of the Automatic Barscreen Project, accept public improvements, release retainage, and authorize final payment to McInnis Brothers, Inc. in the amount of $51,920.71. 12. Approve RESOLUTION NO. 2019-021: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS DESIGNATING AUTHORIZED SIGNATORIES FOR CONTRACTUAL DOCUMENTS AND DOCUMENTS FOR REQUESTING FUNDS RELATED TO THE TEXAS CAPITAL FUND ("TCF") CONTRACT NUMBER 7215182. 13. Approve RESOLUTION NO. 2019-022: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING AND/OR REAFFIRMING A CITIZEN PARTICIPATION PLAN AND GRIEVANCE PROCEDURES; ADOPTING Regular Council Meeting June 24, 2019 Page 3 AND/OR REAFFIRMING A SECTION 3 POLICY; ADOPTING AND/OR REAFFIRMING AN EXCESSIVE FORCE POLICY; ADOPTING AND/OR REAFFIRMING A SECTION 504 POLICY; ADOPTING AND/OR REAFFIRMING A FAIR HOUSING ACTIVITY POLICY; ADOPTING AND/OR AFFIRMING A LIMITED ENGLISH PROFICIENCY PLAN; ADOPTING AND OR REAFFIRMING A CODE OF CONDUCT POLICY; ALL AS REQUIRED BY TXCDBG REGULATIONS TO OBTAIN FUNDING THROUGH A TXCDBG MAIN STREET PROGRAM FROM THE TEXAS DEPARTMENT OF AGRICULTURE (TDA); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Re alar Agenda 14. Conduct a public hearing, discuss and act on an Ordinance considering the petition of Lisa Short for a change in zoning from a Two -Family Dwelling District (2F) to a Neighborhood Service (NS), in the Mayer Addition, Block 4, Lot 23, located at 3206 Bonham Street. Council Member Hughes recused himself from this item at 5:37 p.m. City Manager John Godwin said this lot was currently zoned Two -Family Dwelling District and the proposed zoning was Neighborhood Service for the purpose of continuing to operate a tax service. He also said that the future land use plan called for this lot to be Retail, which included Neighborhood Service and other zoning classes. Mr. Godwin said that Planning and Zoning unanimously recommend approval, and that a petition was received by the neighbors so it would take six council votes to approve it. Mayor Clifford opened the public hearing and asked for those who wished to support or oppose the zoning change, to please come forward. Glenda Garcia, 79 N.W. 32nd, opposed this zoning change, citing she lived next door to Lisa and they were encroaching on her property and the traffic was congested on their street. Sheila Smithey, 3200 Bonham Street, spoke in opposition of this item, because customers were parking in her driveway and the streets, causing a safety issue for children. Sherry Pritchard, 99 N.W. 32nd Street, spoke in favor of this item and said there were no traffic problems because 32nd N.W. was a wide street. Kim McCann, 3220 Bonham Street, spoke in opposition of this zoning change, citing parking issues, that the business had grown, activity level was not conductive to a neighborhood, and that the applicant did not even live at the address, but lived in East Paris. She also said that Dr. O'Bryan had put a sign in his yard warning there were children at play. James O'Bryan, 3150 Bonham Street, said the business had been there a long time and had not caused problems until recently. He said he did put up a sign, for which he obtained a sign permit. He said this was a personal issue between the two neighbors. Richard Thompson, 3206 Bonham, spoke in support of the zoning change and said that Lisa Short had been there for thirty-two years. With no one else speaking, Mayor Clifford closed the public hearing. Regular Council Meeting June 24, 2019 Page 4 Council Member Trenado said he opposed putting businesses in family neighborhoods, and particularly when an applicant did not live in the neighborhood but in another area. Council Member Stone said she was familiar with the area, had driven there, that during tax time it was very crowded, and cars were parked close to the stop sign causing a driver to have to ease out to see if there was any oncoming traffic. She expressed concerned for safety of the children. Council Member Portugal said she was generally against neighborhood businesses but the future land use plan allowed this. Council Member Pilgrim inquired of Mr. Godwin that the future land use plan called for this area to be commercial. Mr. Godwin said that it did and called for retail and businesses. Council Member Knox said she went by there and the business was well maintained and that she understood the parking concerns during the busy season. She also said this was allowed according to the future land use plan and the business had been there for thirty- two years. Mayor Clifford said he generally agreed with residents in an area, but this business has been there for over thirty years and this is the first time this has come up. He also said it fit with the future land use plan. Mayor Clifford informed City Council that under the rule that a 3/ vote was required for this zoning change to be approved, which meant all six members of the City Council must vote to approve or the zoning change would not pass. A Motion to approve the zoning change was made by Council Member Portugal, and seconded by Mayor Clifford, 4 ayes — 2 nays, with Council Members Stone and Trenado casting the dissenting votes. The item was not approved by the City Council because 3/ of the City Council did not vote to approve this item. Council Member Hughes returned to the meeting at 6:00 p.m. 15. Conduct a public hearing, discuss and act on ORDINANCE NO. 2019-020: 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 CITY BLOCK 41-A, LOTS 1, 2 & 8, BEING LOCATED AT 305 NORTH MAIN STREET IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) TO A COMMERCIAL DISTRICT (C) WITH A SPECIFIC USE PERMIT (SUP) FOR A USED CAR DEALERSHIP, 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 the applicant wanted to put in a used auto sales business and that the future land use plan called for retail. He said the surrounding properties were currently used for commercial business, and that the Planning and Zoning Commission unanimously recommended approval. Mayor Clifford opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. Melissa Shaffer, 3966 FM 196 N., spoke in support of this item. She said the lot had been vacant for some time and needed to be cleaned up, which was their plan. Ms. Shaffer also said years ago this location had been an auto sales business. With no one else speaking, Mayor Clifford closed the public hearing. Regular Council Meeting June 24, 2019 Page 5 Council Member Knox questioned why P&Z did not recommend a five year limit on the specific use permit as done with other businesses. Mr. Godwin said that was discussed. Council Member Knox said they were trying to beautify the city and she would like stipulations. Council Member Hughes said it was previously a car lot. Council Member Portugal agreed with Council Member Knox, in that they were taking steps to beautify the city. She favored stipulations about improvements. Council Member Trenado said he did not think the location was a good place to put a car lot. Mayor Clifford said they could approve it and place a three year limit to be in sync with the one they had just approved or approve a five year limit. Council Member Knox said she thought they should be consistent. Subject to the special use permit having a term of five years, Mayor Clifford made a Motion to approve this item, and seconded by Council Member Knox. Motion carried, 7 ayes — 0 nays. 16. Conduct a public hearing, discuss and act on ORDINANCE NO. 2019-021: 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 CITY BLOCK 306, LOT PT OF 2, BEING LOCATED AT 2510 NORTH MAIN STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) TO A COMMERCIAL DISTRICT (C) WITH A SPECIFIC USE PERMIT (SUP) FOR AUTO FUEL SALES, 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 said Raymond Smith was requesting a zoning change on behalf of Cefco, which would require a specific use permit for auto fuel sales. He said it previously was a gas station and tire store, and that the old buildings had been demolished. Mr. Godwin also said the Planning & Zoning Commission unanimously recommended approval. Mayor Clifford opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. Mihir Pankaj, 3055 Oak Creek Drive, spoke in support of this item citing he owned the Days Inn next door to this property. 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 Member Portugal. Motion carried, 7 ayes — 0 nays. 17. Conduct a public hearing, discuss and act on ORDINANCE NO. 2019-022: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE CITY OF PARIS CODE OF ORDINANCES BY AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, TO PROVIDE ADDITIONAL REGULATIONS PLANNED DEVELOPMENT ZONING DISTRICTS PROVIDING A REPEALER Regular Council Meeting June 24, 2019 Page 6 CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Godwin explained that planned development was a type of mixed-use district that allowed unique combinations of uses not possible with straight zoning. He said the minimum size would be ten acres. Mr. Godwin also said the Planning & Zoning Commission recommended approval of this amendment. 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 Council Member Pilgrim, and seconded by Council Member Trenado. Motion carried, 7 ayes — 0 nays. 18. Discuss and act on ORDINANCE NO. 2019-023: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS ADOPTING A HOTEL OCCUPANCY TAX FOR THE RENOVATION, REPAIR, AND OTHER IMPROVEMENT OF THE LOVE CIVIC CENTER AND AMENDING CODE OF ORDINANCES CHAPTER 30, "TAXATION," ARTICLE III, "HOTEL OCCUPANCY TAX," SECTIONS 30-36, "DEFINITIONS," 30-37, "TAX LEVIED," AND 30-38, "USE OF REVENUE LIMITED," TO PROVIDE FOR SAME; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. City Attorney Stephanie Harris said the hotel occupancy venue tax was approved by voters in a special election, and the city must now formally adopt the new tax. A Motion to approve this item was made by Mayor Clifford, and seconded by Council Member Hughes and Portugal. Motion carried, 7 ayes — 0 nays. 19. Discuss and act on amendment to the Convention Center Management Agreement, and act on RESOLUTION NO. 2019-023: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF THE LOVE CIVIC CENTER PROJECT; MAKING OTHER FINDING AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Mr. Godwin explained there were two parts to this item. He said the first part was that in order for the certificates of obligation to be issued on a tax-exempt basis, changes needed to be made to the current agreement with the City and the Lamar County Chamber of Commerce. He said the second part was the reimbursement resolution which would allow the Chamber to begin with the Love Civic Projects now, using their own capital reserves and then be reimbursed for the costs after the certificates of obligation were issued in early January. June 24, 2019 Page 7 A Motion to approve the convention center management agreement and reimbursement resolution was made by Council Member Pilgrim, and seconded by Council Member Knox. Motion carried, 7 ayes — 0 nays. 111111 ill III INIT 111i 11 Ill Ill III I I Ill Police Chief Bob Hundley reported the crime rate was lower in 2018 compared to 2017, but that the National Instant Base Reports will increase crime rate because of the way in which crimes will be reported. He said they would like to add a second narcotics only K-9 unit and a victim liaison. Chief Hundley also addressed needs of a new VOIP system, pay grades for supervisor and assignment pay for detectives. Fire Chief Mike Vogel spoke about training opportunities, fire safety inspections, additional fire functions, station updates, the replacement of fire station 93, seniority pay and rank changes. He said that he was discussing a possible contract with Lamar County for fire protection, similar to what EMS had with the County. [ ill ill ill I ill ill I R11,111IIIIIIII, I 11l 111 1 lil'i 111111 1111�11ll� 11111 Library Director Priscilla McAnally told City Council that the roof work was completed and the exterior/interior work was planned. She spoke about continuing restoration of artwork, new programming, and expanded hours. 21. Discuss and make appointments to the various Boards and Commissions. Mayor Clifford said they normally did the boards alphabetically but there were a couple of boards that had quite a number of applicants. He said he thought it would make it easier if they did PEDC and Planning & Zoning first. There were no objections. With regard to Paris Economic Development Corporation, Mayor Clifford said there was one vacancy and nominated Mihir Pankaj; Council Member Pilgrim nominated Richard Manning; and Council Member Trenado nominated Audie Earley. Names were drawn and voted upon, with Richard Manning receiving 2 votes, Mihir Pankaj receiving 4 votes. Mihir Pankaj was appointed to the board. With regard to the Planning & Zoning Commission, Mayor Clifford said there were three vacancies. Council Member Portugal nominated Chad Lindsey; Council Member Trenado nominated Audie Earley; Council Member Pilgrim nominated Clifton Fendley; Mayor Clifford nominated William Walker-, and Council Member Knox nominated Francine Neeley. Names were drawn and voted upon, with William Walker receiving 2 votes, Clifton Fendley receiving 4 votes, Audie Earley receiving 3 votes, Francine Neeley receiving 4 votes, and Chad Lindsey receiving 7 votes, Clifton Fendley, Francine Neeley and Chad Lindsey were appointed to the comr,tissio-t.. Regular Council Meeting June 24, 2019 Page 8 With regard to the Airport Advisory Board, Mayor Clifford said there were two vacancies. Council Member Portugal nominated Scott Hearne and Council Member Knox nominated Ray Ball. There being no other nominations, Scott Hearne and Ray Ball were appointed to the board. With regard to the Band Commission, Mayor Clifford said there were two vacancies and two applicants. Lucia Bunch and Cleonne Drake were appointed to the commission. With regard to the Buildings and Standards Commission, Mayor Clifford said there were three vacancies and one applicant. It was a consensus of the City Council to postpone appointments to this board, pending additional advertisement for applicants. With regard to the Historic Preservation Commission, Mayor Clifford said there were three vacancies. Council Member Portugal nominated Glee Emmite; Council Member Knox nominated Laura Caffey; and Mayor Clifford nominated Christopher Dux. There being no other nominations, Glee Emmite, Laura Caffey and Christopher Dux were appointed to the commission. With regard to the Housing Authority, Mayor Clifford appointed Bonnie Bilinsky and Shatara Moore. With regard to the Library Advisory Board, Mayor Clifford said there were two vacancies and two applicants. Carole James and Melanie Loughmiller were appointed to the board. With regard to the Main Street Advisory Board, Mayor Clifford said there were three vacancies. Mayor Clifford nominated Shelley McDowell; Council Member Portugal nominated Kaydee Tate; and Mayor Clifford nominated William Walker. There being no other nominations, Shelley McDowell, Kaydee Tate and William Walker were appointed to the board. With regard to the Traffic Commission, Mayor Clifford said there were three vacancies and two applicants. John Eyler and Kimberly McCann were appointed to the commission. Mayor Clifford asked that this board be re -advertised so as to get the other position filled. 22. Discuss and act on RESOLUTION NO. 2019-024: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING TWO MEMBERS TO THE BOARD OF ADJUSTMENT OF THE CITY OF PARIS, TEXAS, IN ACCORDANCE WITH SECTION 16 OF THE CITY ZONING ORDINANCE AND THE CITY'S POLICIES AND PROCEDURES FOR STANDING BOARDS, COMMISSIONS AND COMMITTEES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Regular Council Meeting June 24, 2019 Page 9 With regard to the Board of Adjustment, Mayor Clifford said there were two regular vacant positions and one alternate position, and two applicants. Ruth Ann Alsobrook and Brady Fisher were appointed to the board, leaving one vacant alternate position. 23. Discuss and appoint City Council Members to serve as liaisons to the various Boards and Commissions. Council Member Portugal volunteered for the Airport Advisory Board, Mayor Clifford volunteered for the Band Commission, Council Member Hughes volunteered for the Building & Standards Commission, Council Member Knox volunteered for the Historic Preservation Commission, Council Member Pilgrim volunteered for the Main Street Advisory Board, Mayor Clifford said he would take PEDC and Council Member Trenado volunteered for the PEDC, Mayor Clifford volunteered for the Planning and Zoning Commission. In addition, Council Member Trenado volunteered for the Ark -Tex Council of Governments. 24. 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: Campbell Soup Tax Abatements. Mayor Clifford convened City Council into executive session at 7:03 p.m. 25. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Clifford reconvened City Council into open session at 7:18 p.m. He said they discussed amending and terminating the multi -line beverage line tax abatement. Mayor Clifford said Council was instructing the city attorney to draw up the paperwork. 26. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Mr. Godwin reminded City Council of their special meeting scheduled on Wednesday. 27. Adjournment. There being no further business, a Motion to adjourn was made by Mayor Clifford and Regular Council Meeting June 24, 2019 Page 10 was seconded by Council Member Trenado. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 7:18 p.m. S"TEV, CLIFFO MAYOR UO ELLIS, CITYJEI'