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05 - City Council MinutesItem No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 28, 2020 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, September 28, 2020, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Steve Clifford Council Members: Paula Portugal; Derrick Hughes; Gary Savage; Linda Knox; and Clayton Pilgrim City Staff: Grayson Path, City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Randy Tuttle, Interim Police Chief; Kent Klinkerman, EMS Director Doug Harris, Utilities Directory Carla Easton, City Engineer; ,MAt Smith, Public Works Director; Tom Hunt; Municipal Judge; and Clyde Crews, Fire Marshal ' Absent: Council Member: Renae Stone,. Ovenin Agenda Call meeting to order. Mayor" Clifford called the meeting to order at 5,:30 p.m. and asked for a moment of silence for Debbie Anderson, who ;recently passed,away and was wife of the City's long time finance director Gene Anderson. 2. Invocation. City Manager Grayson Path gave the invocation. Pledge of Allegiance. Council Member Portugal led the pledge. 4. Citizens' forum. Tom Wilson, 1516 FM 196 - spoke in support of Black Lives Matter Global and read a resolution. Carolyn Williams, 1205 W. Center Street — she complained about those who had high grass and stated she obeyed the law but some did not. Regular Council Meeting September 28, 2020 Page 2 Cecil Hutchins, 1500 6'h S.E. - he said a couple of years ago sewer and water were put in on his street and ever since the street was falling in. He said two weeks ago asphalt was put in holes but was not packed. Tom Dixon, 919 Fitzhugh - he said truck drivers with heavy loads come down the street and questioned why the trucks were allowed to come through a residential area. Shirley Hayes, 1618 Pine Bluff - she referenced items 14 and 15, and questioned how they would be able to get of their driveways with the building of apartments. She said she could not even walk across the street because of speeders. William Smith, 1629 Pine Bluff - he said he opposed the zoning changes in items 14 and 15 because it would affect his home. 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 Knox. Motion carried, 6 ayes - 0 nays. 5. Approve minutes from the meetings on September 214, 2020 and September 15, ;2020. 6. Receive reports and/or minutes from the following boards and commissions: a. Board of Adjustment (7-'7-2020)' b. Housing Authority (8-18'2020) c, Paris Economic Development Corporation (8-18.72,020) d. Main Street Advisory Board (8-11-2020) e. Paris Public Library Advisory Board (8-19-2020) f. Airport Advisory Board (8-20-2020) g. Planning & Zoning Commission (8-3-2020) I Paris Visitors & Convention Council (8-19-2020) 7. Receive the August monthly financial report. 8. Receive August drainage report. 9. Receive demolition and code enforcement activity reports. 10. Approve the Final Plat of Lots 1, 2 and 3, Block A of the Church Street Bungalow 158-A Addition, LCAD Property ID 16573, located in the 1100 Block of Church Street. Regular Council Meeting September 28, 2020 Page 3 Re yular A2,,enda 11. Conduct a public hearing, discuss and act on ORDINANCE NO. 2020-043: 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 OF PARIS BLOCK 331, LOT 7 AND PT OF LOT 8, LOCATED AT 3787 N.W. LOOP 286, FROM A SINGLE FAMILY DWELLING DISTRICT 2 (SF -2) TO 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. City Engineer Carla Easton said Rene Harvey was requesting a change in zoning on this property in order to allow a commercial office use. She said the existing building on the Property was used for many years as the Boy Scouts of America office. Ms. ;Easton stated the Planning and Zoning Commission -voted to approve 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. Rene Harvey, 4125 Smallwood Road, spoke' in support of this zoning change. With no one else speaking, Mayor Clifford closed the public hearing. A Motion to approve the zoning change was made by Council Member Knox and seconded by Council Member Portugal. Motion carried, 6 ayes — 0 nays. 12. Conduct a public hearing, discuss and act on ORDINANCE NO. 2020044: 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 OF PARIS BLOCK 329, LOT 5B, LOCATED IN THE 3800 BLOCK OF S.W. LOOP 286, FROM AN AGRICULTURAL (A) TO A NEIGHBORHOOD SERVICE DISTRICT (NS); 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. Ms. Easton explained that Skyler Burchinal requested this zoning change in order to build a light retail development to include professional offices, retail stores and multi -family apartments. Council Member Savage inquired if there was any opposition to this zoning change at the Planning and Zoning meeting. Ms. Easton said no one spoke in opposition, but staff received a form from a citizen opposing it, and that Planning & Zoning approved the zoning change. City Council discussed parking spaces, and a site plan. Regular Council Meeting September 28, 2020 Page 4 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 Mayor Clifford. Motion carried, 4 ayes — 2 nays, with Council Members Savage and Hughes casting the dissenting votes. 13. Conduct a public hearing, discuss and act on ORDINANCE NO. 2020-045: 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 OF PARIS BLOCK 294, LOT 11, LOCATED AT 426 N.E. 30TH, FROM A ONE FAMILY DWELLING DISTRICT NO. 2 (SF -2) TO A NEIGHBORHOOD SERVICE DISTRICT (NS); 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. Ms. Easton explained that ,Christa Brown, on behalf of Norman Montgomery, Jr. was requesting a zoning change in order to build ;a beauty and tanning salon and spa, and that the Planning and Zoning Commission approved this zoning change. Mayor Clifford opened the public bearing 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 wag made by Council Member Pilgrim and seconded by Council Member Portugal. Motion carried, 4 ayes — 2 nays, with Council Members Hughes and Savage casting the dissenting votes. 14. Conduct a public hearing, discuss and act on ORDINANCE NO. 2020-046: 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 OF PARIS BLOCK 70-B, LOT 10, LOCATED AT 1629 PINE BLUFF, FROM A TWO FAMILY DWELLING DISTRICT (217) TO A FOUR FAMILY DWELLING DISTRICT (4F); 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. Ms. Easton explained that items 14 and 15 were the same project, and the applicants were requesting a zoning change in order to combine the two lots and build a quad-plex. She said the proposed zoning change does not conform to the future land use plan; however, the existing zoning for the entire area was 2F so medium density residential is not far from what is already Regular Council Meeting September 28, 2020 Page 5 allowed. She stated the access point would be off of 17th Street, which takes traffic off Pine Bluff. Ms. Easton also said the Planning and Zoning Commission voted to approve 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. Shirley Hayes, 1618 Pine Bluff, spoke in opposition citing existing traffic issues with people going 70 mph. She asked if they could get stops signs or signal lights. William Smith, spoke in opposition of this zoning change citing he did not want his house next to an apartment complex and he would not have moved there, had he known that was going to happen. Brian Scott, 2830 Oak, he said they could already do what they wanted to do but wanted to change the zoning to make it more feasible. He said they could make access points from 17a' Street and not Pine Bluff. With no one else speaking, Mayor Clifford closed the public hearing. Mayor Clifford said they could currently build a duplex on one lot and a triplex on the other lot. Council Member Knox said she took zoning cases seriously and that Some quads were nice. Mt. Scott said this, structure would not be ;two stories, it would fit- into the neighborhood, and it would enhance the neighborhood. Council Member Savage said he felt Mr. Smith's feelings but thafit was already zoned to allow for a duplex or triplex. Council Member Portugal was not opposed" to someone building but asked they, keep in mind that this street is one of the historic streets. Council Member- Hughes said what they were proposing would solve some of the traffic problems. Council Member Knox wanted to know if there would be on-site parking. Mr. Scott said yes, and there would be two spots per unit. A Motion to approve this item was made by Council Member Hughes and seconded by Council Member Savage. Motion carried, 6 ayes — 0 nays. 15. Conduct a public hearing, 'discu'ss and act on .ORDINANCE NO. 2020-047: 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 OF PARIS BLOCK 70-B, LOT 11, LOCATED AT 1639 PINE BLUFF, FROM A TWO FAMILY DWELLING DISTRICT (2F) TO A FOUR FAMILY DWELLING DISTRICT (4F); DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS Mayor Clifford said this was the other part of the project. 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 Hughes and seconded by Council Member Savage. Motion carried, 6 ayes — 0 nays. Regular Council Meeting September 28, 2020 Page 6 16. Discussion regarding the status of the Utility Bond Project on Martin Luther King Jr. Drive and 17th Street N.E. Mayor Clifford said he placed this item on the agenda, because he was contacted by Mr. Yates. Mayor Clifford said he met with Mr. Yates, along with about ten other people in the neighborhood. He said he would like for people who live in the area to come up and speak about this subject. Marcus Yates, 932 Fitzhugh, he said his mother had been a resident for 50 years and lives at 17th N.E. He said it was his understanding the contractors began work on the street in November of last year. Mr. Yates presented City Council with photographs and a letter from Ms. Easton, which stated the entire project should only take two to four weeks. Mr. Yates questioned the plans for completion, who was going to replace the street, how much was it costing the City, and what amount of time would the contractors guarantee their work. Council Member Knox said she could relate to the citizens' frustrations because she lived with the same conditions :'for two years, on Church Street. Herman`,Preston, , 1710 Martin Luther King Jr. Drive, he stated his concern was the condition of the road between density tests. He said there were` several occasions in which he had to move gravel and large -rocks out of his -yard in order to mow his grass. He also said the road should be kept in a passable condition while the work was being done. Vanessa Preston, 1710 Martin. Luther,' King, Jr. Drive, she said the workers had been rude when she asked Ihern about the work they were doing. She said all they wanted was information and common courtesy. Cecil Hutchings, 1500 6th S'.E., he expressed his frustration with the contractors not getting back with him, and that the road was not in better shape. Linda Williams, 1730 Martin Luther King, Jr. Drive, she said she has lived in the same place for 46 years and this was the first time there were ever major problems with the street. She said speed bumps were definitely a requirement for the street. Marva Joe, 17th N.E., she said she has lived there for 51 years and that hopefully one day the street would be fixed. Charles Frierson, 1210 17''' N.E. and Martin Luther King Jr. Drive, he said the street looks like a trail, the contractors had busted water lines and gas lines. He also said the contractors were not reliable or respectable, citing one incident where the contractor blocked his driveway and refused to move. Bishop Connice Mayers, Pastor at New Salem Baptist Church, he said members of his church lived on this street and the current situation was a disgrace. Regular Council Meeting September 28, 2020 Page 7 City Engineer Carla Easton said work on this project began in January 2020, and the entire time the contractors experienced wet conditions causing the material coming out of the trench to be saturated. She said sewer work was completed around May, so contractors moved their crews to another portion of the project while the material testing lab came in to do the density and moisture checks. Ms. Easton also said there were 12 compaction tests and 11 failed, which meant that the street was not yet ready for asphalt repair. She said the crew moved to other parts of town, and that the street was ready for resurfacing on October 5. Brent Bufe, representative of Oscar Renda said the company was working diligently on the schedule, but due to Covid, the company was down 30% companywide on employees so they were unable to send in a second crew. Mayor Clifford said the contract was first presented four years ago; it went into effect in February, which was before Covid began. Mayor Clifford inquired if the City had notified the company of the $500 per day penalty fee for everyday they were over the schedule, because they were ten months behind. Mr. Bufe stated they had used almost a full year's worth of rain days since beginning this project. Mayor Clifford asked for a copy of they signed form where they applied for the'rain days.. He also said to blamerthe ,delays on Covid was not an excuse because the entire project should have been completed before;Covid started. Mayor Clifford asked about work still pending. Mr. Bufe said they needed to finish the work on 40"' S.E. jFollowing additional discussion about the failed compactions `tests, and the groundwater control plan, Mayor Clifford inquired of Council if they thought a third party should be hired to investigate this entire project before they accept it and sign off on it. Council Member Hughes kSaid the contractor showed no urgency to satisfy citizen concerns, and then thanked the citizens for coming to the meeting. Council Member Savage said he felt the residents were disrespected as far as time, effort and their personal property and that was a concern to him. He also said the Council had to do their job to make sure they were hiring the right people, and that the City staff should do the same. Council Member Portugal said the issue was doing the job correctly, and in a timely manner. She also said the City expected the street to be finished, well and soon. Council Member Knox asked about the City's role in the planning process. Ms. Easton said she worked with the design consultant AECOM to help manage contractual issues, review pay apps and had monthly meetings. She stated there was an on-site, third party inspector that was there every day to take pictures and coordinate with the contractor. She said it was not a good season to dry out material, so at the end of their utility work, they mobilized to another project, and that was a mistake. Ms. Easton said the paving would be complete next week. Council Member Pilgrim said Oscar Renda was in 42 states and the citizens of Paris viewed the delays as a major problem. He also said it was unacceptable that the company could not send in a second crew to complete the project in a timely fashion, because they were such a large company with over 3,000 employees. Council Member Pilgrim said it would be worth the City's time to write a letter to the CEO about the progress of this contract, that $500 a day was nothing for a 24 million dollar project and the City of Paris would not be a good reference for the company. Regular Council Meeting September 28, 2020 Page 8 Council Member Hughes inquired of Ms. Easton about the onsite third party inspector, as to whether or not he knew what was going on. Ms. Easton said Paul Vest works for EST and was the third party inspector. She said he had been on the site since May 5. Mayor Clifford wanted to know why there were allowed to put wet dirt in the ditch. Mr. Vest replied that the entire roadbed was saturated and they were trying to complete the project. City Manager Grayson Path said large projects do not always go as smooth, or as well as planned. He said he thought they should get the project completed before prioritizing the determination of who was at fault. He said contractual negotiations could be done at the end of the project. He commended staff for not allowing asphalt to be poured over a failed compaction test trench, and encouraged everyone to work together moving forward. Mayor Clifford said he was on the Council when the project started and completion should have taken three to four years, but it had been almost five years. 17; Discuss and explain the recent failure and repair of the newly placed water main at the 100 block of South Main Street. Mayor Clifford said he requested this item because he thought the citizens deserved an explanation. He also said the city staff had put a nice ''explanation'in the agenda packet. City Engineer Carla Easton stated that on September 4, 2020, a water leak was visibly detected by way of asphalt pavement on South Main Street, south of the Clarksville Street intersection. Ms. Easton said the Public Works Department responded but because ;this water line was installed as part of the 20,13 Utility Bond Package 4 Contract with Oscar R.enda, City crews secured the area by closing the traffic lane and notified Engineering of this issue. Ms. Easton said Oscar Renda was contacted and by September 8, the contractor had a crew onsite. She, stated it was determined that the plastic rod used to fuse pipes together to create the restraint was not installed, and the missing rod was unknown until time of the repair. Ms. Easton reported the contractor was responsible for repairing defective work under the contract, they repaired it, and the final street repair was scheduled for the next week. Mayor Clifford expressed appreciation for the explanation and asked if the inspector should have caught it. Ms. Easton said the inspectors typically do not go into a six-foot trench. Mayor Clifford expressed concern that the contractor left out a crucial part, and said the City had spent too much money on this project to have something like this happen. 18. Discuss and act on budget amendments to Paris Economic Development's Budget FY 2019-2020. PEDC Board Member Mihir Pankaj said the PEDC Board approved the budget amendments before them, and subsequently reviewed the amendments with the City Council and answered questions from City Council. Regular Council Meeting September 28, 2020 Page 9 A Motion to approve this item was made by Council Member Portugal and seconded by Council Member Pilgrim. Motion carried, 6 ayes — 0 nays. 19. Discuss and act on ORDINANCE NO. 2020-048: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO TRANSFER UNENCUMBERED FUNDS FROM VARIOUS DEPARTMENTS OR RESERVES TO OTHER DEPARTMENTS WHICH ARE EXPECTED TO OVER -EXPEND THEIR ORIGINAL BUDGET APPROPRIATIONS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Finance Director Gene Anderson explained this was the annual year-end housekeeping ordinance that increases certain departmental budgets to cover anticipated expenditures. He said the increases were offset by decreasing other departmental budgets which- had an _appropriation surplus, and that the totalbudget was not be increased. A Motion to approve this item was made by Mayor Clifford and seconded by Council Member Portugal. Motion carried, 7 ayes — 0 nays. 20. Discuss and act on RESOLUTION NO. 2020-047: A RESOLUTION OF THE CITY OF PARIS, TEXAS, ADOPTING TCAP'S PROFESSIONAL SERVICES AGREEMENT AND GEXA ENERGY'S COMMERCIAL ELECTRIC SERVICE AGREEMENT FOR POWER TO BE PROVIDED ON AND AFTER JANUARY 1, 2023. Mr. Anderson said the Texas Coalition for Affordable Power had procured electricity for the City of Paris and its other city members since the beginning of retail electric deregulation in Texas in 2002. He also said that TCAP had historically bought electricity through a fixed price longer-term contract, but it had become evident that the electric market available sources and supplies had changed dramatically. Mr. Anderson explained that TCAP believed that a more optimum program called the Strategic Hedging Program (SHP) will outperform the traditional fixed price/fixed term pricing model. Mr. Anderson said instead of buying electricity through a fixed price longer-term contract, SHP would procure one twelfth of the annual supply each month, two years forward year-to-year. He also said this provides the lowest market pricing to reduce carrying charges and risk premiums that longer term contracts must charge. Mr. Anderson said in order to prepare for an electric supply contract beyond the 2022 end date of the current fixe priced contract, it was necessary for TCAP members to have their governmental bodies pass a resolution approving a Professional Services Agreement and a Commercial Electricity Service Agreement. Mr. Anderson explained the agreement provided members with twice a year periodic off ramps should a member desire to revert to a traditional fixed price/fixed term contract. Mr. Anderson answered questions from City Council regarding the agreement and pricing. A Motion to approve this item was made by Council Member Savage and seconded by Council Member Pilgrim. Motion carried, 6 ayes — 0 nays. Regular Council Meeting September 28, 2020 Page 10 21. Discuss and act to accept the second lowest bid for Aluminum Sulfate chemical for water and wastewater treatment in FY 2020-21. City Manager Grayson Path said the low bid submitted for Aluminum Sulfate, used at the water treatment plant, was $137.10/ton received from Univar USA. On September 11, 2020, Univar stated they were unable to honor the bid price and were withdrawing their bid to an error by a Univar Municipal Specialist. Mr. Path explained that city staff attempted to insist that Univar honor their bid but Univar stated they could not. Mr. Path said the second lowest bidder was Chameleon Industries, Inc. with a bid amount of $238.00/ton and they were contacted and staff verified they would honor the price. Mr. Path explained the additional expense would be offset by adjusting Capital Improvement Projects. Danny Rowell, employee at the Water Treatment Plant, explained how they bid in bulk and that this chemical was very important. Following additional discussion, a Motion to accept the second lowest bid for_aluminum sulfate chemical for water and wastewater treatment in FY 2020-21, was made by Council Member Hughes and seconded by Council Member Savage. Motion carried, 6 ayes — 0 nays: 22 Discuss and act on ORDINANCE NO. 2020-049: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY "OF PARIS,' TEXAS AUTHORIZING THE ISSUANCE OF A SOLID: WASTE COLLECTION PERMIT TO COUNTY WASTE COLLECTIONS, LLC FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND/OR,� 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 T14E SUBJECT; AND DECLARING AN EFFECTIVE DATE. I City Clerk Janice Ellis said this was a returning company and they had provided the necessary documentation to get their permit. Ms. Ellis recommended approval of this item. A Motion to approve this item was made by Mayor Clifford and seconded by Council Member Portugal. Motion carried, 6 ayes — 0 nays. 23. Discuss and act on ORDINANCE NO. 2020-050: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ISSUING A LICENSE TO SHATARA MOORE FOR STOP N DROP TRANSPORTATION, LLC TO OPERATE A TAXICAB/SHUTTLE 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 new company and they planned to provide a shuttle service. She also said the company's paperwork was in order, and recommended approval of issuance of the license. Regular Council Meeting September 28, 2020 Page 11 A Motion to approve this item was made by Council Member Savage and seconded by Council Member Portugal. Motion carried, 6 ayes — 0 nays. 24. Discuss and appoint one member to fill a vacant position on the Planning and Zoning Commission. Ms. Ellis said Cody Adams was appointed to serve on the Planning and Zoning Commission on July 2, and has since resigned because he moved out of the city. Ms. Ellis reported they had two applicants, one of which was James O'Bryan who had applied for an appointment in June. She said the other applicant was Mike Mosher and both were qualified applicants. Mayor Clifford said if agreeable with Council, he would take nominations. Mayor Clifford nominated James O'Bryan and asked if there were other nominations. Council Member Portugal nominated Mike Mosher, Mayor Clifford closed the floor for nominations and asked for a vote on James O'Bryan. James O'Bryan received Iwo votes. Mayor Clifford asked for a vote on Mike Mosher. Mike !Mosher received four ;votes. Mike Mosher was appointed to serve on the Planning and';Zoning Commission. 25. Convene into Executive Session pursuant to Section 551:071 of the Texas Government Code, Consultation with Attorney, to, receive legal advice from the City Attorney about (1) pending or contemplated litigation and/or (2) on matters in which the duty of an attorney to her client under the Texas Disciplinary Rules ',of Professional Conduct of the State Bar of Texas clearly conflict with this chapter, as follows: Love Civic Center. Mayor Clifford convened City Council into executive session at 8:05 p.m. 26. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Clifford reconvened City Council into open session at 8:25 p.m. and said there was no action to be taken. 27. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Mayor Clifford said he would like for the Traffic Commission to review the placement of speed bumps on the streets mentioned earlier in the meeting. City Attorney Stephanie Harris said she could send to this request to the staff. Council Member Portugal said she wanted on the next agenda consideration of a safety record policy for contractors. Regular Council Meeting September 28, 2020 Page 12 28. Adjournment. There being no further business, a Motion to adjourn was made by Mayor Clifford and was seconded by Council Member Portugal. Motion carried, 6 ayes ® 0 nays. The meeting was adjourned at 8:26 p.m. STEVE CLIFFORD, M.D., MAYOR JANICE ELLIS, CITY CLERK