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11/09/2020MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS November 9, 2020 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, November 9, 2020, at the City Council Chamber, 107 E. Kaufrnan, Paris, Texas. Present: Mayor: Steven Clifford Council Members: Paula Portugal; Renae Stone; Reginald Hughes; Gary Savage; and Clayton Pilgrim City Staff: Grayson Path, City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson; Finance Director; Randy Tuttle, Interim Police Chief; Kent Klinkerman, EMS Director; Thomas McMonigle, Interim Fire Chief; M.A. Smith, Public Works Director; Doug Harris, Utilities Director; and Clyde Crews, Fire Marshal Absent: Council Member: Linda Knox Opening A enda 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. Citizens' forum. No one spoke during citizens' forum. 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 Pilgrim, and seconded by Council Member Savage. Motion carried, 6 ayes — 0 nays. Regular Council Meeting November 9, 2020 Page 2 6. Receive reports and/or minutes from the following boards and commissions: a. is Visitors & Convention Council Quarterly Activity & Financial Reports b. Love Civic Center Quarterly Activity & Financial Reports c® is Visitors & Convention Council Board of Directors Minutes (9-21-2020) d. Paris Public Library Advisory Board (9-16-2020) e. Planning and Zoning Commission (10-5-2020) 7. Approve RESOLUTION NO. 2020-049: A RESOLUTION APPROVING THE TEXAS DEVELOPMENT BOARD FINANCIAL APPLICATION FOR FUNDING IMPROVEMENTS TO THE WASTEWATER TREATMENT PLAN; AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS. ® Approve an Airport Ground Lease Agreement with Larry David Ervin, for construction of a new airplane hangar at Cox Field Airport. 9Approve a Professional Services Agreement with Hayter Engineering to provide interim city engineer services to the City of Paris; and authorize the City Manager to execute all necessary documents. 10. Accept the bid from Ron Doe, Inc. for construction of single-family homes under the HOME Program grant received from the Texas Department of Housing and Community Affairs, and authorize the City Manager to execute all associated documents. 11, Authorize the City Manager to amend the Agreement with Gary and Rebecca Nash to increase the City's portion of cost sharing from $25,000.00 to $33,000.00 for improvements necessary to replace a failed retaining wall along Johnson Woods Creek and adjacent to their property. 12. Award the bid in the amount of $56,985.00 from Bernal Commercial Construction for the construction of a gabion-style wall, pursuant to the July 22, 2020 Agreement between Gary and Rebecca Nash and the City; and authorize the City Staff to negotiate contracts. 13. Approve the Final Plat of Lot 1, Block A of the Mo and Jen Addition, LCAD Property ID 50079, located in the 4 100 Block of N. Main. 14. Approve the Final at of Lot 1, Block A of the Scott Addition City Block 101, LCAD Property ID 15544, located at 930 W. Campbell. 15. Approve the Final Plat of Lot 1, Block A of the Rent One LLC Addition City Block 158, LCAD Property ID 16571, located in the 800 Block of S. Main Street. Regular Council Meeting November 9, 2020 Page 3 16. Discuss, conduct a public hearing and act on ORDINANCE NO. 2020-061: 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, BY AMENDING SECTION 8, "USE OF LAND AND BUILDINGS;" BY AMENDING SECTION 12, "SPECIFIC USE PERMITS;" PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City Manager Grayson Path said the City Council requested that the Planning and Zoning Commission review and consider an amendment to the zoning ordinance that would allow residential uses in Commercial and General Retail districts, specifically if the structures were originally built as residential homes. Mr. Path also said that the Planning and Zoning Commission decided to allow residential uses in the C and GR zoning districts with an SUP, regardless of whether the use was of an existing structure or of a newly constructed structure. 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. Council Member Hughes inquired if someone wanted to build a shop and house on commercial property would they be required to get SUP. Mr. Path confirmed that it would be necessary to obtain a SUP if you were building a house on commercial property. A Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Portugal. Motion carried, 6 ayes — 0 nays. 17. Discuss, conduct a public hearing and act on a variance request for setback and placement of a new wireless communication facility (WCF), located at 105 N.W. 19th Street, LCAD 17391® City Attorney Stephanie Harris explained that items were similar, in that they were both applications for a variance of a setback. Ms. Harris said Branch Communications was proposing to develop and construct a 180' wireless communication tower at 105 N.E. I 91h Street. She -reviewed the ordinance, which requires that the actual location of such towers in certain zoned areas require at least 500', and this residentially zoned property was one of those. She said the applicant had requested a 450' setback variance. Ms. Harris further reviewed with City Council the requirement for masking or camouflaging the structure. David Wells explained the construction of the tower and said it was designed with a stress point that should it collapse, it would collapse on itself. He proposed a wooden fence with shrubs for masking the tower. Regular Council Meeting November 9, 2020 Page 4 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 questioned the speed of connection, the price and the equipment for home use. Chris Rule answered questions regarding speed, price and the actual equipment. Mayor Clifford asked if residents were notified and if staff received objections. Ms. Harris said they were notified and staff did not receive any objections. Council Member Stone inquired about maintenance. Mr. Wells said the company will come once a quarter for maintenance purposes and will also perform an annual inspection of the tower. Council Member Savage wanted to know if additions to the tower required Council approval. Ms. Harris said they would be allowed up to four without Council approval. Council Member Savage inquired if the structure was safe. Mr. Wells said he had been doing this work for 23 years and up until 5 years ago, he had not seen a tower go down. Mayor Clifford said this would be bringing competitive internet to the residents. A Motion to approve the variance for the setback was made by Mayor Clifford and seconded by Council Members Portugal and Pilgrim. Motion carried, 6 ayes — 0 nays. 18. Discuss, conduct a public hearing, and act on a variance request for setback and placement of a new wireless communication facility (WCF), located at 1902 Bonham Street, LCAD 17245. Ms. Harris said this tower would be located at 1902 Bonham Street, and the company was requesting a 375' setback variance. 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 the variance for the setback was made by Council Member Savage and seconded by Council Member Portugal. Motion carried, 6 ayes — 0 nays. 19. Discuss and act on RESOLUTION NO. 2020-050: A RESOLUTION CANVASSING THE RETURNS FOR THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 2020, FOR COUNCIL DISTRICT 2;; DECLARING THE WINNER IN SAID ELECTION; DECLARING THE TERMS OF OFFICE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING AN EFFECTIVE DATE. City Clerk Janice Ellis reported the November 3`a General Election District Two election results, as Ed Darnell having received a total of 167 votes and Reginald B. Hughes receiving a total of 221 votes. Regular Council Meeting November 9, 2020 Page 5 A Motion to approve the Resolution declaring Reginald B. Hughes elected to serve as City Council Member for District Two was made by Council Member Hughes and seconded by Council Member Savage. Motion carried, 6 ayes — 0 nays. 20. Recognition of outgoing Council Member Derrick Hughes. Mayor Clifford presented a plaque to Council Member Derrick Hughes for his service to the City of Paris. 21. Issuance of Certificate of Election; Administer Statement of Elected Officer to Council Member; and Administer Oath of Office to newly elected Council Member. Ms. Ellis administered the Oath of Office to newly elected Council Member Reginald B. Hughes. 22. Election by City Council of Mayor and Mayor Pro -Tem to serve the City of Paris until the next general municipal election. Mayor Clifford opened the floor for nominations of mayor, and Council Member Portugal nominated Steve Clifford for mayor. There being no other nominations, Mayor Clifford closed the floor for nominations and took a vote. City Council voted unanimously to elect Steve Clifford as mayor. Mayor Clifford opened the floor for nominations of mayor pro -tem, and Council Member Stone nominated Paula Portugal for mayor pro -tem. There being no further nominations, Mayor Clifford closed the floor for nominations and took a vote. City Council voted unanimously to elect Paula Portugal as mayor pro -tem. 23. Discuss and act on the City Manager's proposal for the creation and advertisement for Department Heads consisting of the Director of Planning and Community Development, as well as City Engineer. With the recent resignation of the City Engineer/Community Development Director, Mr. Path said he examined the vacated position, along with the needs of Community and City Operations. Mr. Path explained his proposal of separating the City Engineer role from the Community Development Director role, and instead combine the Community Development Director role with the City Planner role to create a new Director of Planning and Community Development, and create a separate and standalone City Engineer. Council Member Savage inquired if funds were sufficient to do this. Mr. Path said there was for the first year, and then adjustments would be made at the next budget cycle. He also said additional duties would go under the Community Development Director, such as he was going to move code enforcement under that department. He also said the planner was a new position that had been budgeted this year. Council Member Portugal said she was thrilled with this decision, as did Mayor Clifford. Council Member Stone inquired if Mr. Path was going to hire within. Mr. Path said the position would be advertised in-house and outside as well, because of the qualifications needed for the position. Regular Council Meeting November 9, 2020 Page 6 A Motion to approve the City Manager's proposal was made by Mayor Clifford and seconded by Council Member Portugal. Motion carried, 6 ayes — 0 nays. Council Member Savage left the meeting at 6:20 p.m. 24. Discuss and approve the confirmation of the City Manager's appointment of Ron Hervey as Interim Library Director. Mr. Path informed City Council that Priscilla McAnally, Library Director, announced her retirement effective December 31, 2020. In order to maintain operations, Mr. Path said he wanted to appoint Ron Hervey, Library Supervisor, to serve as Interim Library Director while he searches to fill the position permanently. He asked City Council to confirm appointment of Ron Hervey to serve as the Interim Library Director. A Motion to confirm the appointment was made by Council Member Pilgrim and seconded by Council Member Hughes. Motion carried, 5 ayes — 0 nays. 25. Discuss and approve the confirmation of the City Manager's appointment of Russell Thrasher as Interim EMS Director. Mr. Path said Kent Klinkerman, EMS Director, announced his retirement effective November 30, 2020. Mr. Path also said he wished to appoint Russell Thrasher to serve as Interim EMS Director while he searches to fill the position permanently. He asked City Council to confirm appointment of Russell Thrasher to serve as the Interim EMS Director. A Motion to confirm the appointment was made by Council Member Portugal and seconded Council Member Pilgrim. Motion carried, 5 ayes — 0 nays. 26. Discuss and act on considering the qualifications of Alfred Benesch & Company to serve as a third party engineering firm for the purpose of auditing the Utility Bond Package #4 Project; and authorize the City Manager to negotiate the Scope of Services. Mr. Path said at the October 12 meeting, City Council had agreed to meet with a third party engineering firm. He introduced Jeff Sockel and Tim O'Brian, both professional engineers from the firm of Alfred Benesch and Company who provided City Council with their qualifications and experience. Mr. O'Brian reviewed the audit process and the benefit of third party inspections. Mayor Clifford asked if they would have access to Oscar Renda's documents, and Mr. O'Brian said that would be up to Oscar Renda, but that the information should be in their inspection reports provided to the City. Mayor Clifford asked if they would do any actual digging during the investigation, and Mr. O'Brian said they would not. Council Member Pilgrim inquired of Mr. O'Brian, if they would be able to testify should the City ended up in a lawsuit. Mr. Brian answered in the affirmative. Council Member Portugal wanted to know how long the process would take. Mr. Sockel said they would have preliminary answers in a month or two, Regular Council Meeting November 9, 2020 Page 7 but that would really depend on how large a scope the Council wanted. Mr. Sockel said once the scope of services was negotiated, they would begin the audit. He said once they got into the audit, they would give Council a report and if Council did not want to go further with the audit, they could cancel at any time. Council Member Pilgrim said this firm was definitely qualified and that he valued Mr. Path's opinion. Mayor Clifford echoed Council Member's opinion. Mr. Path asked Council to authorize him to negotiate the scope of services and bring something back to the Council at their December meeting. A Motion to authorize the City Manager to proceed with negotiating the scope of services and bring back to the City Council in December was made by Mayor Clifford and seconded by Council Member Portugal. Motion carried, 5 ayes — 0 nays. 27. 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: Downtown Development. Mayor Clifford convened City Council into executive session at 6:52 p.m. and said there was not action to be taken. 28. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Clifford reconvened City Council into open session at 7:31 p.m. 29, Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. No future events were referenced. 30. Adjournment. There being no further business, a Motion to adjourn was made by Mayor Clifford and was seconded by Council Member Portugal. Motion carried, 5 ayes — 0 nays. The meeting was —A.* ...........] ..a '7.11 .... .....,,. D W J STEW J. CLIF 1), M.D., MAYOR