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03/09/2020MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS March 9, 2020 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, March 9, 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 McMonagle, 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 Opening _.Agenda_ 1. Call meeting to order. Mayor Clifford called the meeting to order at 5:30 p.m. 2. Invocation. Reverend Beverly Johnson gave the invocation. Pledge of Allegiance. Council Member Portugal led the pledge. 4. Citizens' forum. Lesily Goodman, 504 Cedar Street — he questioned the waiver given to a company that allows employees to smoke. He said he had complained to his employer about employees smoking, because he was non-smoker. He said he had talked to the police chief and city attorney about this situation. Mr. Goodman said in 2014 an ordinance was passed which prohibited smoking in closed spaces of companies and other places. He also said in 2017, an amendment was done and a waiver was given to a particular company, which allowed people to smoke at work. He asked that the City Council re -visit this on their next agenda. Regular Council Meeting March 9, 2020 Page 2 Linda Vandiver, 540 N.E. 21St Street — she said she was a member of the smoking task force, and that the ordinance was amended in 2017 to change the definition of an enclosed space. She said that negated the intent to protect the workers. She said if they were to open both doors in this room, they would be exposed to that cigarette smoke. Ms. Vandiver said there was a lot of evidence that second hand smoke affects their health. She asked City Council to return the ordinance to its original version to protect workers from second hand cigarette smoke. Carol Hufnagel, 720 Bunker Street — she said when a ten day notice was issued on one the dilapidated structures, they should have only ten days to do something or action should be taken. Ms. Hufnagel said in order to beautify the city, there needed to be enforcement and follow-up and referenced the building owned by David Alarid. 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 Knox, and seconded by Council Member Portugal. Motion carried, 5 ayes — 0 nays. 5. Approve minutes from the meeting of February,24, 2020. 6. Receive reports and/or minutes from the following boards and commissions: a. Paris Visitors & Convention Council (1-21-2020) b. Airport Advisory Board (1-16-2020) c. Planning & Zoning Commission (2-3-2020) Re pular Agenda 7. Discuss and act on RESOLUTION NO. 2020-009: A RESOLUTION OF THE CITY OF PARIS, TEXAS FORGIVING CERTAIN CIVIL PENALTIES ASSESSED AGAINST THE PROPERTY LOCATED AT 2596 W. HOUSTON STREET; FINDING A PUBLIC PURPOSE IN SUPPORT OF SAME; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Interim City Manager Gene Anderson explained that the current owner was not the owner at the time the civil penalties were assessed, and was not aware of the penalties. Mr. Anderson said current owner learned about this when he began trying to sell the property, and got a potential. Mr. Anderson said they would be forgiving over $200,000 in penalties and interest. Council Member Knox inquired about the value of the property. Mr. Anderson said it was worth about $1,200. Council Member Knox said this is what Council had been talking about for some time. City Attorney Stephanie Harris said they had been working on it and she Regular Council Meeting March 9, 2020 Page 3 had sent an e-mail to the City Council explaining it. Council Member Knox said Council had been asking about this for three years. A Motion to approve this item was made by Council Member Portugal and seconded by Mayor Clifford. Motion carried, 5 ayes — 0 nays. 8. Discuss and act on RESOLUTION NO. 2020-010: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS FORGIVING CERTAIN CIVIL PENALTIES ASSESSED AGAINST THE PROPERTY LOCATED AT 1421 AND 1431 N.E. 7TH 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 said this was the same type situation as referenced in item 7, and that there was a demolition lien that would be paid on this property. A Motion to approve this item was made by Mayor Clifford and seconded by Council Member Portugal. Motion carried, 5 ayes — 0 nays. 9. Discuss and act on a contract with American Ramp Company for construction of an Asphalt Pump Track located at the Sports Complex, in an amount not to exceed $451,691.86. City Engineer Carla Easton said the City was awarded a TWPD Grant for construction of a Pump Track at the Sports Complex, which was going to pay 50% of the project cost. She also said the VC&C, Chamber and others donated money, materials, and labor to this project to get a competition class park. Ms. Easton further said the American Ramp Co. was a premier builder of these types of parks, and had submitted a proposal through a buy board contract in the amount of $451,691.86 to install the track and shade structures. Ms. Easton informed City Council that construction was scheduled to start May 2020. Ms. Easton answered questions from City Council. A Motion to approve this item was made by Council Member Knox and seconded by Council Member Portugal. Motion carried, 5 ayes — 0 nays. 10. Discuss and act on five chest compression machines for the EMS department. Mr. Anderson said the current budget for the EMS department called for the purchase of five chest compression machines utilizing a five-year lease/purchase agreement with the manufacturer. Upon review of the agreement, Mr. Anderson said the City found several unacceptable terms that the manufacturer would not change. He explained that staff came up with two options, which consisted of 1) enter into a five-year note with a local bank or 2) increase the budget in an amount to allow outright purchase of the machines. Regular Council Meeting March 9, 2020 Page 4 Mayor Clifford proposed a third option, which was the City purchase the compression chest machines from City reserves and that EMS pay back the reserves with interest, instead of interest being paid to the bankers. A Motion to approve purchase of the five chest compression machines under option three was made by Council Member Pilgrim and seconded by Council Member Knox. Motion carried, 5 ayes — 0 nays. 11. Discuss and act on collection of the 1% fee for a public, educational, and governmental channel. Mayor Clifford said he had this placed on the agenda, because since he had been on City Council the City had been collecting this fee, and no one knew what was going to be done with it. Mayor Clifford said the City had collected nearly $600,000 and the money had to be spent on specific capital items and someone had to be hired to run the channel. Mayor Clifford asked Mr. Anderson what he proposed they do with the money. Mr. Anderson said that staff could see if it could be used to offset franchise fees with regard to Suddenlink, and said he would check into it. It was a consensus of City Council to discontinue collecting this fee, and leave it up to Mr. Anderson to explore ideas about what they could legally do with the money that had been collected, and report back to Council. 12. Discuss and act on ORDINANCE NO. 2020-009: AN ORDINANCE AMENDING ARTICLE XI OF CHAPTER TWO, SECTIONS 2-551, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS TO PROVIDE FOR THE CITIZENS OF LAMAR COUNTY TO BE ABLE TO SERVE ON THE MUNICIPAL BAND COMMISSION; TO PROVIDE THAT ALL BAND MEMBERS SHOULD SERVE WITHOUT A TERM LIMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Clifford said he brought this item forward because he was the liaison to the band. Mayor Clifford explained the band commission needed people with musical ability and without term limits to retain those people. Mayor Clifford said he would like to see membership opened to Lamar County to attract more people with musical talent. Council Member Portugal favored that idea, citing that the municipal band was a treasure to the City. A Motion to terminate term limits and to open membership to Lamar County residents was made by Mayor Clifford and seconded by Council Member Portugal. Motion carried, 5 ayes — 0 nays. 13. Discuss and act on one appointment to the Building & Standards Commission. Regular Council Meeting March 9, 2020 Page 5 City Clerk Janice Ellis said there was a recent resignation and that she advertised for two vacancies, because Mr. Norris had been filling as a holdover since June. Ms. Ellis reported they received one application, and that was from Joshua Jones. She recommended City Council appoint Mr. Jones to fill the unexpired vacant position. 14. Discuss and act on a stop sign request at Stone Avenue and Lewis Lane. Assistant Police Chief Randy Tuttle said the Traffic Commission received a request from a citizen to place a stop sign for eastbound traffic at Stone Avenue and Lewis Lane because of perceived safety issues created by increased traffic at this intersection before and after school dismisses at North Lamar Schools. He said there was a stop sign at Lewis Lane. Assistant Chief Tuttle said staff did not recommend this stop sign be installed due to issue present in the City Engineer's summary. Jennifer Morgan, 320 Stone Avenue, said she was the parent who filed the request, and that the traffic did not flow and there were no markings. She said parents were cussing each other and this was a public safety hazard due to road rage. Ms. Morgan also said there had not been a traffic study. Assistant Chief Tuttle said it would not work well with a stop sign there because the intersection was a T type intersection, which meant there would have to be a six -way stop. Council Member Knox asked Assistant Chief Tuttle if he had approached school about this situation. He said that he had talked to them about placing cross guards there, but they said they did not have money in their current budget. He also said he could talk to the chief about possibly rearranging his officers to cover that intersection during peak times. Ms. Morgan said she spoke to Chief Boaz and he said they did not have the resources. Council Member Stone agreed with Ms. Morgan, in that this was a public safety issue. Council Member Knox suggested that Assistant Chief Tuttle get with the school and give them thirty days to come up with a resolution, and then bring this back to the Council. It was a consensus of City Council to follow Council Member Knox's suggestion. A Motion to table this item this item was made by Council Member Knox and seconded by Mayor Clifford. Motion carried, 5 ayes — 0 nays. 15. Convene into Executive Session pursuant: A. Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property. B. Section 551.074 of the Texas Government Code, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee as follows: review proposed city manager's contract. Mayor Clifford convened City Council into executive session at 6:20 p.m. Regular Council Meeting March 9, 2020 Page 6 16. Reconvene into Open Session and possible take action on those matters discussed in Executive Session. Mayor Clifford reconvened City Council into open session at 6:43 p.m. With regard to item A, he said they discussed real property. With regard to item B, he said they discussed the city manager's contract. A Motion to accept the city manager contract for Grayson Path as presented to the City Council was made by Mayor Clifford and seconded by Council Member Portugal. Motion carried, 5 ayes — 0 nays. 17. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Council Member Portugal asked that the annual evaluations for the city attorney and the municipal judge be placed on the next agenda. Council Member Knox asked that an item about the smoking ordinance be placed on the next agenda. Mayor Clifford asked that the Council be provided with the 2014 ordinance, the ordinance adopting amendments which was January 9, 2017, and documentation as to why there were amendments. 18. Adjournment. There being no further business, a Motion to adjourn was made by Mayor Clifford and was seconded by Council Members Portugal and Knox. Motion carried, 5 ayes — 0 nays. The meeting was adjourned at 6:43 p.m. %, STE ISN, J. CLIFFORD, M.D., OR