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01/27/2020MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS January 27, 2020 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, January 27, 2020, at the City Council Chamber, 107 E. Kaufinan, 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; Carla Easton, City Engineer; Priscilla McAnally, Library Director; and Clyde Crews, Fire Marshal Absent: Council Member: Derrick Hughes O ening Agenda 1. Call meeting to order. Mayor Clifford called the meeting to order at 5:30 p.m. 2. Invocation. Reverend Johnson gave the invocation. 3. Pledge of Allegiance. Council Member Portugal led the pledge. 4. Citizens' forum. Shelly Braziel, 540 33rd Street S.E. — she spoke in opposition to a panhandling ordinance due to recent court cases and lack of a shelter for the homeless. Joan Moore, 1015 Canon Place — she said they should proceed with caution with an ordinance dealing with homeless people. She said there was no difference between the homeless asking for support and the firefighters holding a boot asking for support. Regular Council Meeting January 27, 2020 Page 2 Consent Agenda 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 Stone. Motion carried, 5 ayes — 0 nays. 5. Approve minutes from the meeting of January 13, 2020. 6. Receive reports and/or minutes from the following boards and commissions: a. Paris Visitors & Convention Council Quarterly Activity & Financial Reports b. Love Civic Center Quarterly Activity & Financial Reports c. Historic Preservation Commission (11-19-2019) d. Paris Public Library Advisory Board (12-18-2019) e. Paris Economic Development Corporation (12-18-2019 & 1-7-2020) 7. Receive the December financial report. 8. Receive December drainage report. 9. Receive demolition and code enforcement activity reports. 10. Accept the bid and award a contract in the amount of $61,540.00 for ground maintenance to Green's Lawn & Landscape, the lowest responsible bidder. 11. Approve appointment of Council Member Portugal to serve as the liaison to Main Street Advisory Board and Council Member Pilgrim to serve as the liaison to the PEDC. 12. Approve RESOLUTION NO. 2020-002: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ORDERING THE REGULAR MUNICIPAL ELECTION FOR THE CITY OF PARIS, TEXAS, TO BE HELD ON THE FIRST SATURDAY IN MAY 2020, SAME BEING THE 2ND DAY OF MAY 2020, FOR THE PURPOSE OF ELECTING MEMBERS OF THE PARIS CITY COUNCIL IN DISTRICTS 1, 2, 3 & 6 FOR THE ENSUING TWO YEARS; DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; AND DECLARING AN EFFECTIVE DATE. 13. Approve RESOLUTION NO. 2020-003: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING A CONTRACT BETWEEN THE CITY OF PARIS AND THE LAMAR COUNTY ELECTIONS ADMINISTRATOR TO ASSIST, COORDINATE, SUPERVISE AND HANDLE CERTAIN ASPECTS OF ADMINISTERING THE GENERAL ELECTION FOR MAY 2, 2020, FOR THE CITY OF PARIS. Regular Council Meeting January 27, 2020 Page 3 14. Approve RESOLUTION NO. 2020-004: A RESOLUTION OF THE CITY COUNC PARIS,OF THE CITY OF AGREEMENT BETWEEN aINDEPENDEN DISTRICTSCHOOL . FINDINGS AND PROVISIONS RELATED A SUBJECT; AND PROVIDIN ApproveAN EFFECTIVE DATE. 15. RESOLUTION y RESOLUTION PARTS,OF THE CITY OF TEXAS, APPROVING A JOINT DISTRICTAGREEMENT BETWEEN THE CITY OF PARIS AND NORTH LAMA INDEPENDENT SCHOOL FOR MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJEC 4ND PROVIDING LN EFFECTIVE DATE. 16. Approve Plat of Lot 1, Block A of the Davis Addition,in u Block NUAMM, WA Approve18. Block2500 4 . 19. Approve the Final Plat of Lots I and 2, Block A of the CEFCO South Addition, located in the 2900 Block of South Church Street. 20. • .. � � I! . 1- Block � ". � i � West Paris Addition,3900 Block of Bo*�zw, Street. Regular Agenda 22. Conduct a public hearing,ORDINANCE AMENDINGORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXA A HERETOFOREAS AS TO REZONE CITY BLOCK 287, LOTS I '; AND 5, LOCATED IN THE 3400 BLOCK OF LAMAR AVENUE, IN THE CITY PARIS, TEXAS,.Nt SINGLE-FAMILY DWELLINS DISTRICTNO.(SF2) TOGENERAL RETAIL DISTRICT (GR); DIRECTING CHANGE ACCORDINGLY PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVIN 6PENALTY& ♦1 PROVIDING 4 Regular Council Meeting January 27, 2020 Page 4 City Engineer Carla Easton explained Ramseur Baptist Church owned approximately 6.9 acres and was requesting the zoning change because they planned to sell a portion of the property with frontage along Lamar Avenue for retail use. She also said this change was consistent with the future land use plan, as well as existing land uses in the area and staff recommend approval of this zoning change. Mayor Clifford opened the public hearing and asked for anyone wishing to speak in support or opposition of this zoning change, 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 Members Knox and Portugal. Motion carried, 5 ayes — 0 nays. 23. Conduct a public hearing, discuss and act on RESOLUTION NO. 2020-006: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND AUTHORIZING A TAX ABATEMENT AGREEMENT WITH LIONSHEAD SPECIALTY TIRE & WHEEL, L.L.C.; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Attorney Stephanie Harris said that on December 9, 2019, City Council directed her to prepare a tax abatement agreement for a new tax abatement with Lionshead Speciality Tire & Wheel. She said the abatement was for 7 years and would be granted on a de-escalating basis. Ms. Harris also said the improvements would be between $6,000,000.00 and $8,200,000.00 and would necessitate the hiring of at least 18 employees in the first three years of the agreement. 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. Mayor Clifford said he had a couple of questions about the contract and specifically asked why she would put language in the contract that limited amount of investment Lionshead could make. Ms. Harris said she would change that language. Mayor Clifford also referenced the language pertaining to jobs, and said it was ambiguous. He said it could be construed that the company only had to have five jobs in 2022. Ms. Harris explained the paragraph. Mayor Clifford said if she thought it was legal, then that was fine but did not want to the City to have a problem in the future. Ms. Harris said she would review the document prior to obtaining signatures. City Council discussed cash for jobs. Council Member Pilgrim reminded everyone that it was a 7 year de-escalating agreement, not like the past where 10 year abatements at 100% were given. A Motion to approve this item was made by Mayor Clifford and seconded by Council Member Portugal. Motion carried, 5 ayes — 0 nays. Regular Council Meeting January 27, 2020 Page 5 24. Discuss creation of a Panhandling Ordinance, and provide direction to staff. Mayor Clifford said City Council had given instructions to the city attorney to review this and she would brief them tonight. Ms. Harris said she had researched the issue at length and citing case law, she advised that they could not have an out -right ban on panhandling. Ms. Harris said it might be possible to enact an ordinance regulating certain areas for public safety. She said prior to that, the City should develop a strong factual record demonstrating the nature of the threat to public safety, the locations where threats exist and but the threats must be sufficient to warrant regulation. Ms. Harris also said the City should then cite this factual record within the ordinance itself. Mayor Clifford said the City had ordinances in place to deal with littering and things of that nature. Council Member Pilgrim said he would be in favor of tabling this item, and was glad they heard from both sides. Mayor Clifford inquired if Council wanted staff to begin compiling factual data. Council Member Portugal said she had talked to homeowners in that area they were discussing, and she was told they had not felt threatened. Council Member Pilgrim agreed that the staff should begin compiling factual data. Chief Hundley said it would take some time to compile the data, because of the way the calls were identified in dispatch. He said they could begin doing this. Ms. Harris said until data is compiled they would not really know the scope of the problem. It was a consensus of the City Council that the police department begin compiling factual data. 25. Discuss and act on ORDINANCE NO. 2020-003: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO NELSON AND TANNA STOLL D/B/A COUNTRYSIDE DISPOSAL, LLC FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Clerk Janice Ellis said this company had been doing business in Lamar and Red River Counties for about ten years, and wanted to expand their business to Paris. She said their paperwork was in order, and recommended approval. A Motion to approve this item was made by Mayor Clifford and seconded by Council Member Pilgrim. Motion carried, 5 ayes — 0 nays. 26. Discuss and act on ORDINANCE NO. 2020-004: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC CONTROL MAP ADOPTED IN SECTION 31-65(B) OF THE CODE OF ORDINANCE OF THE CITY OF PARIS, TEXAS; ESTABLISHING STOP SIGNS STOPPING NORTHBOUND AND SOUTHBOUND TRAFFIC AT THE INTERSECTION OF CHURCH STREET AND SHERMAN STREET; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING Regular Council Meeting January 27, 2020 Page 6 A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Chief Hundley said requests were made by residents along Church Street for additional traffic control devices to reduce speeds, as well as deter through traffic. He also said staff supported the installation of stop signs on Church Street that would accommodate a safe and pronounced pedestrian crossing at Sherman. Chief Hundley informed the City Council that the Traffic Commission approved placing stop signs for north and south traffic at Church and Sherman, creating a four way stop. A Motion to approve this item was made by Council Member Knox and seconded by Council Member Portugal. Motion carried, 5 ayes — 0 nays. 27. Discuss and act on RESOLUTION NO. 2020-007: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, FORGIVING CERTAIN CIVIL PENALTIES ASSESSED AGAINST THE PROPERTY LOCATED AT 1416 W. KAUFMAN STREET; FINDING A PUBLIC PURPOSE IN SUPPORT OF SAME; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Ms. Harris explained that in October of 2012, the Building and Standards Commission issued an order of demolition on the residential structure located at 1416 W. Kaufinan and ordered civil penalties in the amount of $1,000 per day if work was not completed within 30 days. She said rather than demolish the structure, the then -owner sold the property to its current owners who were able to rehabilitate the structure and make it code complaint. Ms. Harris further explained the now -owners have been residing in the home since 2013; the structure is still in good condition and code compliant. Ms. Harris said the owners would like to sell the property but the order for civil penalties was still attached to the property, and as of January 15, the civil penalties were up to $426,000.00 plus 10% compounding interest. Ms. Harris also said there is a public purpose in forgiving the civil penalties in that doing so would allow sale of the property to an owner who could maintain the property and thus contribute to the well-being of the neighborhood. Council Member Knox questioned how this could happen and the City not know about it. Ms. Harris said she did not know but that it just now showed up. Council Member Pilgrim said if it were a cash deal, they might not have gone through a title company so this would not have been picked up in 2013. Council Member Knox said when the City places liens on property there should be some type of recheck or follow-up. Mayor Clifford wanted to know if there were other houses in this same type of situation. Council Member Portugal said there needed to be follow-up. Ms. Harris said she did not know how this happened, but that she was willing to work with code enforcement to set up some sort of tickler system. Regular Council Meeting January 27, 2020 Page 7 A Motion to forgive civil penalties in the amount of $426,000 plus interest assessed against the property located at 1416 W. Kaufman Street was made by Council Member Knox and seconded by Council Member Portugal. Motion carried, 5 ayes — 0 nays. 28. Convene into executive session pursuant to 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: J. Skinner Bakery. Mayor Clifford convened City Council into executive session at 6:12 p.m. 29. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Clifford convened City Council into open session at 6:31 p.m. A Motion to approve an incentive package from PEDC to Skinner and to instruct the City Attorney to draw up a performance agreement for approval by the PEDC Board, was made by Mayor Clifford and seconded by Council Members Portugal and Pilgrim. Motion carried, 5 ayes — 0 nays. 30. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. No future events were referenced. 31, Adjournment. There being no further business, a Motion to adjourn was made by Mayor Clifford and Knox. Motion carried, 5 ayes — 0 nays. The meeting was was seconded by Council Member adjourned at 6:31 p.m. ^� ....... .,...0...............�.���.��.�.�.. STEgE�J. CLIFM, � �����.M.D., MAYOR