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12/09/2019MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS December 9, 2019 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, December 9, 2019, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Steve Clifford Council Members: Paula Portugal; Renae Stone; Linda Knox; and Clayton Pilgrim City Staff Gene Anderson, Interim City Manager/Finance Director; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Bob Hundley, Police Chief; Thomas McMonigle, Interim Fire Chief; Kent Klinkerman, EMS Director; Doug Harris, Utilities Director; Priscilla McAnally, Library Director; and Clyde Crews, Fire Marshal Absent: Council Members: Derrick Hughes and Billy Trenado Opening Agenda 1. Call meeting to order. Mayor Clifford called the meeting to order at 5:30 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Portugal led the pledge. 4. Citizens' forum. Janet Green, 4091 Stillhouse Road — she spoke about item 10, the proposed sidewalk project and said that Carla Easton said she was willing to talk to them and the engineers about the current design. Ellen Green, 810 Elsbeth Street, Dallas — she said the way the project was designed at this time would not best serve everyone and asked that a stipulation be put in place that the engineers meet with all of the owners prior to beginning work. She also said that Leif Lindblum had drawn up proposed changes to the design. Regular Council Meeting December 9, 2019 Page 2 Leif Lindblum , 810 Elsbeth Street, Dallas — he said they wanted it on the record that the city and engineers would meet with them regarding a design change prior to beginning any work. Consent Agenda Mayor Clifford inquired of Council Members if they wished to pull any items from the consent agenda for discussion. Mayor Clifford pulled items 10 and 13 for discussion. With regard to item 10, Interim City Manager Gene Anderson said it was the City's intent to meet with them and look at changes. He also said the City had to make sure that it follows ADA and then if the changes were allowed and there was an upcharge, the owners would be responsible for the difference. Mayor Clifford inquired if staff followed the bidding procedures on item 13. City Attorney Stephanie Harris said under State Law, professional service agreements are not bid out. Subject to the stipulation of the City and engineers meeting with the property owners on item 10, a Motion to approve the consent agenda was made by Mayor Clifford, and seconded by Council Member Pilgrim. Motion carried, 5 ayes — 0 nays. Approve minutes from the meetings of November 11 & November 14, 2019. Receive reports and/or minutes from the following boards and commissions: a. Main Street Advisory Board (10-8-2019) b. Historic Preservation Commission (9-11-2019) c. Building & Standards Commission (10-21-2019) d. Paris Visitors & Convention Council Board of Directors (10-21-2019) e. Paris Public Library Advisory Board (10-16-2019) f. Paris Economic Development Corporation (10-15-2019, 11-7-2019, 11-20-2019, & 11-14-2019) g. Planning & Zoning Commission (11-4-2019) 7. Receive October monthly financial report. 8. Receive October drainage report. 9. Receive demolition and code enforcement activity reports. 10. Approve RESOLUTION NO. 2019-041: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING THE CONTRACT FOR THE 2019 TXCDBG DOWNTOWN SIDEWALK PROJECT, IN THE CITY OF PARIS TO HIGHWAY 19 CONSTRUCTION, LLC, THE LOWEST RESPONSIBLE BIDDER; AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A CONTRACT WITH HIGHWAY 19 CONSTRUCTION, LLC; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Regular Council Meeting December 9, 2019 Page 3 11. Approve RESOLUTION NO. 2019-042: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, LAMAR COUNTY, TEXAS ACCEPTING A PROPOSAL FROM RESOURCE MANAGEMENT & CONSULTING COMPANY FOR ADMINISTRATIVE SERVICES FOR THE TDHCA HOME PROGRAM; AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH RESOURCE MANAGEMENT & CONSULTING COMPANY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 12. Approve RESOLUTION NO. 2019-043: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING AN AGREEMENT WITH THE TEXAS PARKS & WILDLIFE DEPARTMENT FOR FUNDING OF A PUMP TRACK PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT AND DECLARING AN EFFECTIVE DATE. 13. Approve RESOLUTION NO. 2019-044: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICE AGREEMENT WITH HAYTER ENGINEERING, INC., FOR DESIGN OF A PUMP TRACK PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 14. Approve the Re -plat of Lamar Business Park Lot 3 Block A. Regular Agenda 15. Discuss and act on RESOLUTION NO. 2019-045: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING AN AGREEMENT TO TERMINATE THE TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS, AND T & K MACHINE, INC., SUCCEEDED IN INTEREST BY AEQUIS AERO MACHINE, INC., DATED NOVEMBER 12,2012; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Attorney Stephanie Harris said on November 12, 2012, the City Council approved a tax abatement agreement with T&K Machine, Inc., and that the Texas Tax Code provides that a tax abatement agreement may be terminated by mutual consent of both parties. Ms. Harris also said the company was unable to comply with its obligations under the Agreement and has agreed with the City to terminate the Agreement, which will expire on December 31, 2019. Ms. Harris reported that the taxes owed were less than $9,000 and the City has agreed to suspend making a demand for taxes abated under the terms of the agreement until after April 1, 2020. A Motion to approve this item was made by Council Member Pilgrim, and seconded by Council Member Portugal. Motion carried, 5 ayes — 0 nays. Regular Council Meeting December 9, 2019 Page 4 16. Discuss and act on ORDINANCE NO. 2019-047: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO TRANSFER FUNDS FROM GENERAL FUND RESERVES TO THE POLICE DEPARTMENT BUDGET; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Chief Hundley reported that last week the line from the police department to city hall had failed, and it was a just a matter of time before the entire system crashed. A Motion to approve this item was made by Council Member Knox, and seconded by Council Member Portugal. Motion carried, 5 ayes — 0 nays. 17. Discuss and act on appointments to the Tax Increment Reinvestment Zone Board. Mayor Clifford acknowledged that applications were received from three citizens and there were several staff members interested in serving on the board. He said the fund will not have any money in it for about three years and he was inclined to appoint the three citizens and two staff members. Council Member Knox said she liked the idea of putting the citizens on this board and also favored having Main Street Director Cheri Bedford on the board. Interim City Manager Gene Anderson said that Carla Easton had also expressed an interest in serving on the board. A Motion to appoint Becki Norment, Carmon Thomas, Edward Holloway, Cheri Bedford and Carla Easton to the TIRZ Board was made by Mayor Clifford, and seconded by Council Member Knox. Motion carried, 5 ayes — 0 nays. 18. Discuss and act on RESOLUTION NO. 2019-046: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING A MEMBER TO FILL THE UNEXPIRED TERM OF LOUISE HAGOOD AND AN ALTERNATE MEMBER TO FILL A VACANCY 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. City Clerk Janice Ellis explained that Ms. Hagood had resigned leaving an unexpired term and there was also a vacant alternate position. Ms. Ellis recommended appointing Jerry Haning to the unexpired term and Jathen Donaldson as an alternate member. Regular Council Meeting December 9, 2019 Page 5 A Motion to appoint Jerry Harting and Jathen Donaldson to the Board of Adjustment Board was made by Mayor Clifford, and seconded by Council Member Knox. Motion carried, 5 ayes — 0 nays. 19. Discuss and provide direction to staff with regard to parking issues at Heritage Park. Council Member Portugal said she brought this forward because people who were attending functions at Heritage Hall were parking in the grass at this park. She said she had received complaints from neighbors and the Historical Society, and that the Tejas Garden Club had spent a lot of money on beautifying the grounds at Heritage Park. Council Member Portugal also said she did not see parking on the grass at other parks. Mr. Anderson said he spoke with Bill Lorranger in the parks department, and they have equipment they could install that would prohibit parking in the grass. Council Member Pilgrim inquired if anyone had spoken to Mr. Varner, the owner of Heritage Hall. Mr. Anderson said he had not. Council Member Pilgrim said he would first like for Mr. Anderson to speak with him to try to get it resolved. Citizen Skipper Steely said the property in question belonged to the City and people parked all the way to the Coke Plant. It was a consensus of the City Council that Mr. Anderson speak with Mr. Varner in an attempt to get this parking issue resolved, and that no parking signs be placed at the park. 20. Discuss and act on ORDINANCE NO. 2019-048: 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. Ms. Ellis said this was a returning cab company, and all of the paperwork and insurance was in place. A Motion to approve this item was made by Mayor Clifford, and seconded by Council Member Portugal. Motion carried, 5 ayes — 0 nays. 21. Convene into executive session pursuant to: a. Sec. 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal advice about (1) pending or contemplated litigation and/or (2) on matters in which the duty of an attorney to his or her client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with this chapter, regarding Paris Regional Medical Center Tax Abatement. Regular Council Meeting December 9, 2019 Page 6 b. Sec. 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: Project Rocket X. Mayor Clifford convened City Council into executive session at 5:55 p.m. 22. Reconvene into open session and possibly take action on those matter discussed in executive session. Mayor Clifford reconvened City Council into open session at 6:50 p.m. Mayor Clifford said there was no action to be taken on the legal matter. He said they also discussed Project Rocket X. A Motion to approve the incentive proposed by Project Rocket X was made by Mayor Clifford, and seconded by Council Member Pilgrim. Motion carried, 5 ayes — 0 nays. 23. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. No future events were referenced. 24. Adjournment. There being no further business, a Mayor Clifford adjourned the meeting at 6:50 p.m. STEVEN:.. . �� . CLIFFO, M.. D., MAYOR