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05 - City Council MinutesItem No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 27, 2021 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, September 27, 2021, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Paula Portugal Mayor Pro -Tem: Reginald Hughes Council Members: Renae Stone; Gary Savage; Mihir Pankaj; Linda Knox; and Clayton Pilgrim City Staff: Grayson Path, City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Rich Salter, Police Chief; Thous McMonigle, Fire Chief; M.A. Smith, Public Works Director; Andrew Mack, Director of Planning & Community Services; and Tom Hunt, Municipal Judge Opening A Benda Call meeting to order. Mayor Portugal called the meeting to order at 5:30 p.m. 2. Invocation. Finance Director Gene Anderson gave the invocation. 3. Pledge of Allegiance. Mayor Pro -Tem Hughes led the pledge. 4. Citizens' forum. No one spoke during citizens' forum. Consent Agenda Mayor Portugal 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 Pankaj and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. Regular Council Meeting September 27, 2021 Page 2 5. Approve minutes from the meetings of September 13, 2021 and September 14, 2021. 6. Receive reports and/or minutes from the following boards and commissions: a. Paris Board of Adjustment (6-1-2021) b. Airport Advisory. Board (8-19-2021) c. Historic Preservation Commission (8-11-2021) d. Paris Visitors & Convention Council Board of Directors (8-6-2021) 7. Receive August monthly financial report. 8. Receive August drainage report. 9. Receive demolition and code enforcement activity reports. 10. Approve a Non -Profit Services Agreement with CASA for Kids in the amount of $7,500.00. 11. Approve a Non -Profit Services Agreement with Children's Advocacy Center in the amount of $9,375.00. 12. Approve a Non -Profit Services Agreement with City Square in the amount of $11,250.00. 13. Approve a Non -Profit Services Agreement with ETCADA in the amount of $3,375.00. 14. Approve a Non -Profit Services Agreement with Keep Paris Beautiful in the amount of $3,750.00. 15. Approve a Non -Profit Services Agreement with Lamar County Human Resources in the amount of $11,250.00. 16. Approve a Non -Profit Services Agreement with Lamar County Humane Association in the amount of $11,250.00. 17. Approve a Non -Profit Services Agreement with Paris Optimist Club in the amount of $7,500.00. 18. Approve a Non -Profit Services Agreement with Safe -T in the amount of $6,000.00. 19. Approve a Non -Profit Services Agreement with Salvation Army in the amount of $11,250.00. 20. Approve a Non -Profit Services Agreement with United Way in the amount of $11,250.00. Regular Council Meeting September 27, 2021 Page 3 21. Approve a Non -Profit Services Agreement with Weald Workers of Lamar County in the amount of $11,250.00. 22. Approve RESOLUTION NO. 2021-031: 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 2021 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH TH 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 RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND THE ACSC'S LEGAL COUNSEL. 23. Approve the Professional Service Contract with Resource Management and Consulting for General Administration Services and Addenda ##1 for Ground Storage Facility Backup Generator Project Administration Services and authorize the City Manager to sign. 24. Approve a Revised Plat of the Modern Pyramids Addition CB 170-C, Lot 1, Block A, LCAD Property ID 71195, located at 2735 S. Church Street. Regular A ,enda 25. Discuss, conduct a public hearing, and act on ORDINANCE NO. 2021-030: 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 170- C, LOT PT OF 14, LCAD 71624, FROM AN AGRICULTURAL DISTRICT (A) TO A COMMERCIAL DISTRICT (C) WITH A SPECIFIC USE PERMIT (SUP) FOR AUTO FUEL SALES; 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. I "I I 4470m# September 27, 2021 Page 4 Planning Director Andrew Mack explained that Sami Ebrahim requested this zon Liiq, change to allow the reconstruction of the Circle Fuel Station at 2735 South Church. He said that the Planning & Zoning Commission and City Staff recommended approval of this zoning change. Mayor Portugal opened the public hearing and asked for anyone wishing to speak about this item to come forward. With no one speaking, Mayor Portugal closed the public hearing. A Motion to approve this item was made by Council Member Pankaj and seconded by Council Member Savage. Motion carried, 7 ayes — 0 nays. Finance Director Gene Anderson explmined this was the annual year-end housekeeping Ordinance, which increased certain departmental budgets to cover anticipated expenditures. He said these increases were offset by decreasing other departmental budgets which had an appropriation surplus, and that the total budget was not being increased. A Motion to approve this item was made by Council Member Savage and seconded by Council Member Pilgrim. Motion carried, 7 ayes 27. Discuss and act on ORDINANCE NO. 2021-032., AN ORDINANCE TO INCREASE THE RATE OF DEPOSITS TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY THE EMPLOYEES OF THE CITY OF PARIS, TEXAS. Mr. Anderson said the 2021-22 budget called for the Texas Municipal Retirement System contribution rate for City Employees to increase from 6% to 7% effective October 1. Mr. Anderson also said this Ordinance was required by Texas Municipal Retirement System to effect the change. A Motion to approve this item was made by Council Member Pankaj and seconded by Mayor Pro -Tern Hughes. Motion carried, 7 ayes — 0 nays. 28. Discuss and act on RESOLUTION NO. 2021-032: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, NOMINATING A PERSON OR PERSONS TO SERVE ON THE BOARD OF THE LAMAR COUNTY APPRAISAL DISTRICT FOR A TERM OF OFFICE OF TWO YEARS BEGINNING JANUARY 1, 2022; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Regular Council Meeting September 27, 2021 Page 5 Mr. Anderson explained that every two years the City must provide the Chief Appraiser the name of its nominee to serve on the LCAD board and that all of the taxing entities were allowed to nominate people to serve on the board. He explained the entity's number of votes were determined by a formula and that the City of Paris had 676 votes, which was the third number of highest votes. Mr. Anderson also said that this was not a straight appointment by the Council, but an election by the taxing jurisdictions based on their tax levies. Following a brief discussion, Mayor Portugal opened the floor for nominations. A Motion to nominate Ken Kohls was made by Mayor Portugal. There being no further nominations, Mayor Portugal closed the floor for nominations. A Motion to approve the Resolution nominating Ken Kohls was made by Council Member Pankaj and seconded by Council Member Pankaj. Motion carried, 7 ayes — 0 nays. 29. Discuss and act on ORDINANCE NO. 2021-033: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A STOLID 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, 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. Mayor Portugal asked for a Motion to remove items 29 through 33 from the table. A Motion to remove items 29 through 33 from the table was made by Council Member Pilgrim and seconded by Council Member Pankaj. Motion carried, 7 ayes — 0 nays. City Clerk Janice Ellis explained that six companies had made application and submitted required paperwork for a solid waste collection permit. Ms. Ellis said City Staff recommended approval of these solid waste permits. A Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Savage. Motion carried, 7 ayes — 0 nays. 30. Discuss and act on ORDINANCE NO. 2021-034: 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 FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Regular Council Meeting September 27, 2021 Page 6 A Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Pankaj. Motion carried, 7 ayes — 0 nays. 31. Discuss and act on ORDINANCE NO. 2021-035: 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/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 THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Pankaj. Motion carried, 7 ayes — 0 nays. 32. Discuss and act on ORDINANCE NO. 2021-036: 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 FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Pankaj. Motion carried, 7 ayes — 0 nays. 33. Discuss and act on ORDINANCE NO. 2021-037: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO RAYMOND TABOR D/B/A BIG R'S ROLL OFF SERVICE 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 THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Pilgrim and seconded by Mayor Pro -Tem Hughes. Motion carried, 7 ayes — 0 nays. Regular Council Meeting September 27, 2021 Page 7 34. Discuss and act on ORDINANCE NO. 2021-038: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO FRANK FRIESEN, TURN KEY DUMPSTER RENTAL 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 THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Pankaj. Motion carried, 7 ayes — 0 nays. 35. Discuss and provide direction regarding City Staff s request to postpone the Builder's Forum scheduled for October 12, due to the increased number of Covid cases. Mayor Portugal said that Council Member Pankaj asked that this item be placed on the agenda. Council Member Pankaj said the community organized this event and it was not an emergency. Due to the increase in Covid cases, he said he felt that they should postpone the forum to a later date. Council Member Savage said he totally agreed. Mayor Portugal said she too believed that it was in the best interest for the community to postpone this forum. City Planner Andrew Mack said he and Mr. Path had discussed this and they felt it would not be exercising best judgment to hold this forum. It was a consensus of City Council to postpone the Builder's Forum to a later date. 36. Discuss and on RESOLUTION NO. 2021-033: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, APPOINTING THREE MEMBERS TO FILL THREE EXPIRED TERMS AND ONE UNFILLED VACANCY ON THE BOARD OF ADJUSTMENT. Ms. Ellis explained there were four vacancies, two regular positions and two alternate positions on the Board of Adjustment. She read the names of the applicants, and presented the ballots to the City Council for scoring of the applicants. Upon tallying of the scores, Ms. Ellis announced the four applicants receiving the most points in order of the highest points were Ruth Ann Alsobrook, Larry Walker, Sequoia Bruce and David Hamilton. A Motion to approve appointments of Ruth Ann Alsobrook and Larry Walker to the regular positions, and Sequoai Bruce and David Hamilton to the alternate positions was made by Council Member Pankaj and seconded by Council Member Savage. Motion carried, 7 ayes — 0 nays. 37. Discuss and make appointments to the Paris Housing Authority and Traffic Commission. Mayor Portugal appointed Steve Smith to the Paris Housing Authority. Ms. Ellis said there were two vacancies on the Traffic Commission, read the names of the applicants, and Regular Council Meeting September 27, 2021 Page 8 presented the ballots to the City Council for scoring of the applicants. Upon tallying of the scores, Ms. Ellis announced the two applicants receiving the most points were Sandi Kear and Wendell Moore. A Motion to approve the two applicants to the Board was made by Council Member Pankaj and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. 38. Discuss and act on ORDINANCE NO. 2021-039: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER, 2 DIVISION 2, DIVISION 2, "COMPENSATION," SECTION 2.10.031 "ASSIGNMENT PAY" AND 2.10.34, "SENIORITY PAY," OF CHAPTER 2, ARTICLE 2.10 POLICE, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Police Chief Rich Salter explained that this Ordinance covered the 2021-2022 Budget that was approved and included Phase -1 of the steps for seniority in rank. He said these changes would create a logical and fair progression for seniority pay with regard to years of serve in each rank. A Motion to approve this item was made by Council Member Pankaj and seconded by Mayor Pro -Tem Hughes. Motion carried, 7 ayes — 0 nays. 39. Discuss and act on ORDINANCE NO. 2021-040: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTIONS 6.02.001 "COMPOSITION" AND 6.02.004, "SENIORITY PAY," OF CHAPTER 6, "FIRE PREVENTION AND PROTECTION," OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED OT THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Fire Chief Thomas McMonigle echoed Chief Salter. He also said that in 2013, the Composition of the Fire Department was listed incorrectly in the Code of Ordinances and this Ordinance would make the change to reflect the actual composition of the Department. A Motion to approve this item was made by Council Member Pankaj and seconded by Mayor Pro -Tem Hughes. Motion carried, 7 ayes — 0 nays. 40. Convene into Executive Session pursuant to: A. 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 any attorney to her client under Regular Council Meeting September 27, 2021 Page 9 the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with this chapter. B. Section 551.074 of the Texas Government Code, (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, as follows: annual evaluation of the municipal judge. Mayor Portugal convened City Council into executive session at 6:15 p.m. 41. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Portugal reconvened City Council into open session at 7:08 p.m. and said there was no action to be taken. 42. Discuss and act on re -appointment of Judge Hunt to serve as Municipal Court Judge and Judge Biard to serve as Associate Municipal Court Judge. A Motion to re -appoint Judge Hunt and Judge Biard was made by Council Member Pankaj and seconded by Council Member Knox. Motion. carried, 7 ayes — 0 nays. 43. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. No one referenced a future event. 44. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pilgrim and was seconded by Mayor Pro -Tem Hughes. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 7:09 p.m. PAULA PORTUGAL, MAYOR JANICE ELLIS, CITY CLERK