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09/14/2020MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 14, 2020 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, September 14, 2020, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor Pro -Tem: Paula Portugal Council Members: 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; Carla Easton, City Engineer; M.A. Smith, Public Works Director; and Clyde Crews, Fire Marshal Absent: Council Members: Steven Clifford and Renae Stone O pe ting, Agenda Call meeting to order. Mayor Pro -Tem Portugal called the meeting to order at 5:30 p.m. 2. Invocation. Finance Director Gene Anderson gave the invocation. Pledge of Allegiance. Council Member Hughes led the pledge. 4. Citizens' forum. Mihir Pankaj, 3055 Oak Creek — he said one of his businesses is the Days Inn located at 2650 N. Main and that a nearby apartment complex had a fire on April 14. He said the name of the complex was Meadowview and was located at 520 Deshong. He said the complex was in shambles, it looks horrible and shingles were blowing onto his property. Mr. Pankaj said it had been four months and nothing had been done, and he asked that this be looked at. He also said C&C Rentals located at 2720 N. Main had dug a trench behind their property. He said when it rains; all of the dirt comes off and coats dirt on all of Deshong, and in front and back of his hotel. Mr. Pankaj said he would like to know what is going on and what the end plan would be because the entire road looks bad. Mr. Pankaj reiterated he wanted to work with these two businesses. Regular Council Meeting September 14, 2020 Page 2 Consent A Benda Mayor Pro -Tem Portugal inquired of Council Members if they wished to pull any items from the consent agenda for discussion. Council Member Savage asked that item 6d be pulled for discussion. He inquired if the Housing Authority was obligated to forward their minutes to them for approval. City Harris Stephanie Harris said she was not aware of a Statute. Finance Director Gene Anderson said the City was obligated for some funding to the Housing Authority and retracted information from their minutes. There being no further discussion, a Motion to approve the consent agenda was made by Council Member Hughes, and seconded by Council Member Pilgrim. Motion carried, 5 ayes — 0 nays. 5. Approve minutes from the meetings on August 17, 2020 and August 24, 2020. 6. Receive reports and/or minutes from the following boards and commissions: a. Library Advisory Board (7-15-2020) b. Airport Advisory Board (5-21-2020) c. Paris Visitors & Convention Council Board of Directors (6-15-2020 & 7-21-2020) d. Housing Authority (3-15-2020 corrected & 6-16-2020) Regular A enda 7. Conduct a public hearing on the City's proposed tax rate for 2020-2021. City Manager Grayson Path gave a presentation regarding the tax rate and noted that the rate had decreased compared to prior years. Mayor Pro -Tem Portugal opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Pro -Tem Portugal closed the public hearing. 8. Conduct a public hearing on the City Manager's proposed budget for fiscal year 2020- 2021. Mr. Path gave an overview of the budget. Mayor Pro -Tem Portugal opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Pro -Tem Portugal closed the public hearing. 9. Discuss and act on ORDINANCE NO. 2020-033: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER 1, 2020, AND ENDING SEPTEMBER 30, 2021, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF PARIS; APPROPRIATING THE VARIOUS AMOUNTS THEREOF; MAKING Regular Council Meeting September 14, 2020 Page 3 OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro -Tem Portugal inquired if City Council had any questions for Mr. Path. Council Member Knox said she had a comment. She said everyone had complimented Mr. Path on his budget preparation and presentation, and it had been a wonderful process. Council Member Knox said Mr. Path was well prepared, and had answered all of her questions. She also said that he had been very generous to acknowledge how helpful staff was and she wanted to thank him and staff. Mayor Pro -Tem Portugal echoed Council Member Knox's comments. A Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Savage. Motion carried, 5 ayes — 0 nays. 10. Discuss and authorize City Staff and SAMCO Capital Markets, the City's financial advisor, to proceed with refunding the City's outstanding Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2010, so long as certain savings thresholds can be achieved. Finance Director Gene Anderson explained that ten years ago the City issued $3,005,000 in certificates of obligation for improving and expanding South Collegiate Drive. He said that SAMCO recommended the city redeem the certificates and issue new ones because the City could save approximately $172,000 from this process and that the refunding would not extend the maturity date on the 2010 CO issue. A Motion to approve this item was made by Council Member Knox and seconded by Council Member Pilgrim. Motion carried, 5 ayes — 0 nays. 11. Discuss and act on ORDINANCE NO. 2020-034: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC") AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S 2020 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHED EXHIBIT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; APPROVING AN ATTACHED EXHIBIT REGARDING AMORTIZATION OF REGULATORY LIABILITY; REQUIRING THE COMPANY TO REIMBURSE ACSC'S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS RESOLUTIONS WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; Regular Council Meeting September 14, 2020 Page 4 DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND THE ACSC'S LEGAL COUNSEL. Mr. Anderson explained that in late March, Atmos filed a rate increase requesting 141.2 million dollars in additional revenues, and later the request was reduced to 136.3 million dollars. Mr. Anderson said 98.7 million dollars of the 136.3 million applied to cities that make up the Atmos Cities Steering Committee. Mr. Anderson further explained that negotiations between Atmos and ACSC resulted in an 8.7 million dollars reduction in requested revenues by Atmos. He said if the City rejects the RRM increase, Atmos will appeal to the Railroad Commission and the City residents may end up paying higher rates. He further said if the City ignores the matter, Atmos might implement the settlement or they could still appeal to the Railroad Commission. Mr. Anderson said it was recommended to approve the negotiated settlement. Council Member Pilgrim inquired if there would be an increase. Mr. Anderson said typical residential customers would see a monthly increase of $5.15 and typical commercial customers would see a monthly increase of $15.48. Council Member Hughes wanted to know how long this increase would be good. Mr. Anderson said he believed they could come back every year, if justified. Council Member Hughes wanted to know when the increase would take place and Mr. Path said it would take place December 1. A Motion to approve this item was made by Council member Pilgrim and seconded by Council Member Hughes. Motion carried, 5 ayes — 0 nays. 12. Discuss and act on ORDINANCE NO. 2020-035: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, EXTENDING THE MAYOR'S DECLARATION OF LOCAL DISASTER FOR PUBLIC HEALTH EMERGENCY AND ORDER DATED MARCH 19, 2020, AS EXTENDED BY RESOLUTION NO. 2020-011 AND BY ORDINANCE NOS. 2020-014, 2020-017, 2020-023, AND 2020- 030 FOR AN ADDITIONAL ONE HUNDRED TWENTY (120) DAYS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Attorney Stephanie Harris said when this item was first taken to City Council, staff was extending the declaration every thirty days, then sixty days and CoVid was not done. She recommended an extension of one -hundred twenty days. A Motion to approve this item was made by Council Member Hughes and seconded by Council Member Knox. Motion carried, 5 ayes — 0 nays. 13. Discuss and act on ORDINANCE NO. 2020-036: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO SANITATION SOLUTIONS, INC. 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, Regular Council Meeting September 14, 2020 Page 5 TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE OF ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THIS SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Clerk Janice Ellis said items 13-18 were the solid waste collection ordinances and would require individual votes. Ms. Ellis explained that JOTS Rentals was a new company and the other five were returning companies. She said each company had submitted an application and had submitted the required certificate of insurance. A Motion to approve this item was made by Council Member Savage and seconded by Council Member Knox. Motion carried, 5 ayes — 0 nays. 14. Discuss and act on ORDINANCE NO. 2020-037: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO RAYMOND C. TABOR D/B/A WASTE CONNECTION OF NORTHEAST TEXAS, 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 OF ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THIS SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Hughes. Motion carried, 5 ayes — 0 nays. 15. Discuss and act on ORDINANCE NO. 2020-038: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO RICHARD MARK BOSWELL, JR. D/B/A DUMPSTER DROP, 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 OF ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THIS SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Hughes and seconded by Council Member Savage. Motion carried, 5 ayes — 0 nays. 16. Discuss and act on ORDINANCE NO. 2020-039: 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 FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND/OR TRANSPORTING SOLID WASTE FROM Regular Council Meeting September 14, 2020 Page 6 COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE OF ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THIS SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Knox and seconded by Council Member Hughes. Motion carried, 5 ayes — 0 nays. 17. Discuss and act on ORDINANCE NO. 2020-040: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO MJ OUTDOORS, 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 OF ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THIS SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Savage and seconded by Council Member Pilgrim. Motion carried, 5 ayes — 0 nays. 18. Discuss and act on ORDINANCE NO. 2020-041: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO JOTS RENTALS, 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 OF ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THIS SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Knox and seconded by Council Member Hughes. Motion carried, 5 ayes — 0 nays. 19. Discuss and act on a recommendation to remove one board member from the Historic Preservation Commission for failure to attend meetings and for failure to take the oath of office; and appoint one member to fill the vacant position. Ms. Ellis said that Timothy Alexander was appointed to serve on HPC but had been nonresponsive to staff members, had not taken the oath of office, and had not attended the two meetings. She said staff did not know if he was unwilling or unable to serve. Ms. Ellis asked that he be removed and that a member be appointed to take his place. Ms. Ellis said since her initial memo to Council, they had received another application. She said the two applicants were Jennifer Long and Michael Montgomery, and both were qualified applicants. Regular Council Meeting September 14, 2020 Page 7 Council Member Savage said when appointed to serve on a board, it was important to attend and he thought they should move forward with removal. A Motion to remove Tim Alexander from the Historic Preservation Commission was made by Council Member Pilgrim and seconded by Council Member Savage. Motion carried, 5 ayes — 0 nays. Mayor Pro -Tem Portugal opened the floor for nominations. Council Member Pilgrim nominated Jennifer Long. There being no further nominations, Mayor Pro -Tem Portugal closed the floor for nominations and called for a vote. Motion carried, 4 ayes — 1 nay, with Council Member Hughes casting the dissenting vote. Jennifer Long was appointed to the Historic Preservation Commission. 20. Discuss and approve a Professional Services Agreement in the amount of $129,999.00 with Sterling, Inc. to upgrade the City's Data Center Hardware. IT Director Kent Klinkerman said the primary data center hardware was five years old and the secondary data center was eleven years old and cited that hardware and software needs of the City were constantly evolving. Mr. Klinkerman said these components needed to be replaced on a regularly scheduled basis to insure reliability, performance, security and planned expenses. He said the total cost was $130,000 and the expenses would be split between 2019-20 and 2020- 21 budget years. He also said Sterling was being utilized under a professional services contract using Dell Technologies components in consultation with Dell Storage engineers. Mr. Klinkerman said the equipment was being purchased based on Texas Department of Information Research pricing. A Motion to approve this item was made by Council Member Savage and seconded by Council Member Knox. Motion carried, 5 ayes — 0 nays. 21. Discuss and authorize $31,000 from the 2019-2020 Community Development underspent budget to hire Hargis Electric & Bryco & Co. to install landscape lighting for the Plaza. Main Street Director Cheri Bedford said the Main Street Board was very excited about the possibility of getting new lighting installed. Ms. Bedford explained that more light was needed to help showcase the water oak trees and the downtown Plaza, but more importantly to provide greater safety for downtown business owners and visitors. She told of the trees being wrapped with lights in the past, but they reflected very little lighting. Ms. Bedford also explained the expense of continuously having to replace them due to squirrels chewing the wires into. She said with the new lighting, everything would be underground, and the new lighting would greatly enhance visibility and mitigate downtown safety concerns. Ms. Bedford expanded on the feature that will allow over 300,000 different color combinations, that would be used for special seasonal and holiday events. Council Member Knox said this will be great for downtown and confirmed that the company planned to do the installation by the end of September. Council Member Savage asked about the watts and Ms. Bedford said she knew the warranty would be for ten year. Council Member Hughes inquired if they would be LED and Ms. Bedford answered in Regular Council Meeting September 14, 2020 Page 8 the affirmative and added they would be very bright. She invited everyone for a mock lighting on Wednesday evening. 22. Convene into executive session pursuant to: A. 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 Rock X • Project Rainwater Falls B. Sec. 551.072 of the Texas Government Code, to deliberate the purchase, exchange, lease, or value of real property. Mayor Pro -Tem convened City Council into executive session at 6:20 p.m. 23. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Pro -Tem Portugal reconvened City Council into open session at 6:56 p.m. and said no action was required. 24. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Council Member Pilgrim reminded everyone of the special meeting scheduled at 5:30 p.m. on the following evening. 25. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Savage and was seconded by Council Member Hughes. Motion carried, 5 ayes — 0 nays. The meeting was adjourned at 6:56 p.m. PAULA PORTUGAL, yfAYORPRO-TEM......................... ELLIS, CITY