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05 - City Council Minutes (2)Item No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS October 25, 2021 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, October 25, 2021, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Paula Portugal Mayor Pro -Tem: Reginald Hughes Council Members: Renae Stone; Mihir Pankaj, and Clayton Pilgrim City Staff: Grayson Path, City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson; Finance Director; Richard Salter, Police Chief, Russell Thrasher, EMS Director; Thomas McMonagle, Fire Chief; Doug Harris, Public Utilities Director; and Clyde Crews, Fire Marshal; Absent: Council Members: Gary Savage and Linda Knox Opening A $enda 1. 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. Keith Flowers, 715-30 N.E. — he said he was involved with the Lamar County Humane Association and wanted to address the negative publicity regarding animal control. Mr. Flowers said he had worked with Guy Auburn for seven or eight years and he had witnessed him pulling puppies from under a house so they could be fed and he witnessed him rescuing a kitten. Mr. Flowers reiterated these were just a couple of instances where he had witnessed Guy's compassion for animals. Mr. Flowers reported the entire three-year story was not reported on Facebook and he challenged those folks making negative comments to get involved with the LCHA because they needed volunteers. He encouraged them to be a part of the solution, not part of the problem. He said it was imperative for people to get their animals spayed and neutered. Regular Council Meeting October 25, 2021 Page 2 Dr. James O'Bryan, 3150 Bonham Street — he reiterated Keith Flowers' comments, and added that the problem lies with responsible pet ownership. He emphasized the number of feral dogs and cats in Paris, as well as the diseases carried by the animals. Kelly Stellmack - 2226 Castlegate — she said on October 15 she and her son witnessed the dog being killed by the animal control officer. She also said the dog was not feral and suffered, and laws needed to change to stop this. 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 Mayor Pro -Tem Hughes. Motion carried, 5 ayes — 0 nays. 5. Approve minutes from the meeting of October 11, 2021. 6. Receive reports and/or minutes from the following boards and commissions: a. Paris Visitors & Convention Council Quarterly Activity & Financial Reports b. Love Civic Center Quarterly Activity & Financial Reports c. Main Street Advisory Board (8-10-2021) d. Building & Standards Commission (9-20-2021) e. Charter Review Commission (10-4-2021) 7. Receive September drainage report. Receive demolition and code enforcement activity reports. 9. Approve RESOLUTION NO. 2021-035: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF ASSIGNMENT OF AN AIRPORT GROUND LEASE AGREEMENT BETWEEN SKYLER BURCHINAL AND THE CITY OF PARIS FOR PROPERTY AT COX FIELD AIRPORT TO LT WINGS, LLC (LOAD TRAIL); MAKING OTHER FINDING AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 10. Approve the Final Plat of the Lamar Crossing Addition CB -315, Lots 1-3, Block A, LCAD Property ID 50988, located in the 4000 Block of Lamar Avenue. 11. Approve the Replat of the Fairview Addition, Lot 1, Block 14, located in the 1500 Block of N.E. 1st Street. Regular Council Meeting October 25, 2021 Page 3 Regular Agenda 12. Discuss, conduct a public hearing, and act on ORDINANCE NO. 2021-042: 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 220- A, LOT 9A AND 6, LOCATED AT 1905 E. PRICE STREET FROM A TWO-FAMILY DISTRICT (217) TO A MULTIPLE -FAMILY DWELLING DISTRICT NO. 2 (MF -2) IN THE CITY OF PARIS, TEXAS; 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 Planner Andrew Mack explained this zoning change was requested so that the vacant former day care on this property could be turned into a residential dormitory. Mr. Mack said that Price Street was very narrow and needs to be upgraded, but was used as a secondary means of accessing the site from Lamar Avenue. Council Member Pankaj agreed about Price Street and said it also needed to be better maintained. Mayor Portugal said it was a little unusual to have a dormitory so far from the college. Mr. Mack said it might be individual apartments. Mayor Portugal opened the public hearing and asked that anyone wishing to speak about this item to please come forward. With no one speaking, Mayor Portugal closed the public hearing. A Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Pankaj. Motion carried, 5 ayes — 0 nays. 13. Discuss, conduct a public hearing, and act on ORDINANCE NO. 2021-043: 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 MAKE A CHANGE IN ZONING FROM AN AGRICULTURAL DISTRICT (A) TO A ONE -FAMILY DWELLING DISTRICT NO. 1 (SF -1) FOR LOTS OVER 1.5 ACRES AND ONE -FAMILY DWELLING DISTRICT NO. 2 (SF -2) FOR LOTS LESS THAN 1.5 ACRES IN THE STONERIDGE ESTATES ADDITION, LOCATED NORTH OF FM 195; 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 Planner Andrew Mack explained that the City asked Mr. Cunningham to make application for this zoning change because the intent was to rezone all developed phases with homes to match the current use of the property. Regular Council Meeting October 25, 2021 Page 4 Mayor Portugal opened the public hearing and asked that anyone wishing to speak about this item to please 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 Mayor Pro -Tem Hughes. Motion carried, 5 ayes — 0 nays. 14. Discuss and act on an Ordinance authorizing the issuance of a solid waste collection permit to County Waste collections, Inc. Mayor Portugal informed City Council that passage of this ordinance would require five affirmative votes. Council Member Pilgrim inquired if they could table this item because they only had five of the seven members present, and City Attorney Stephanie Harris answered in the affirmative. A Motion to table this item was made by Council Member Pilgrim and seconded by Council Member Pankaj. Motion carried, 5 ayes — 0 nays. 15. Discuss and act on RESOLUTION NO. 2021-036: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, TO ENTER INTO A CONTINGENT FEE CONTRACT WITH ABERNATHY, ROEDER, BOYD & HULLETT, PC PURSUANT TO THE TEXAS TAX CODE, SECTION 6.30 AND GOVERNMENT CODE 2254.1036 FOR THE COLLECTION OF DELINQUENT TAXES OWED TO THE CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS AND DECLARING AN EFFECTIVE DATE. City Manager Grayson Path explained that the City had been contracting with Tracy Pounders Law Firm to provide delinquent tax attorney services, and he had done an excellent job. Mr. Path said this year that Mr. Pounders had decided to close his office and go in with Abernathy, Roeder, Boyd & Hullett and that he has requested that the City execute a new contract. Mr. Pounders reported that initially the City had approximately 1,000 tax delinquent properties but through working those properties, he had reduced that number to about 600. A Motion to approve this item was made by Council Member Pankaj and seconded by Council Member Pilgrim. Motion carried, 5 ayes — 0 nays. 16. Discuss and approve the purchase of a backup generator for the Pat Mayse Intake Facility in an amount of $560,000.00 using American Rescue Plan Act Funding; and authorize Addenda II with Resource Management & Consulting Services for third party administration in an amount of $8,000.00 and authorize the City Manager to sign. Utilities Director Doug Harris said in February the City of Paris experienced rolling blackouts, as a result to extreme cold weather. He also said this ultimately impacted the City's Ground Storage Facility, knocking it off-line for several hours which prevented them from Regular Council Meeting October 25, 2021 Page 5 replenishing the water storage. Mr. Harris explained all of this nearly cut off water supply for the entire community. Mr. Harris stated the City Council agreed that a backup generator at this facility needed to be installed. Mr. Harris reported that City Staff worked with third party administrator Resource Management & Consulting and budgeted the necessary amount in the FY21/22 Budget, using the recently received American Rescue Plan Act Funding. Mr. Harris explained that now would be a good time to also address another critical location in the City's water infrastructure. He said the Pat Mayse Intake Facility was located several miles north of town and was the direct source of water for the community. He said the facility was even more vulnerable because of its remote location and believed purchasing and installing a generator was a critical need. He said that staff was asking City Council for permission to use ARPA Funding to purchase this piece of equipment for this critical location in the City's water infrastructure. Mr. Harris asked that City Council also approve the Addenda II with Resource Management for third party administration. A Motion to approve the purchase of the backup generator and authorize Addenda II with Resource Management & Consulting was made by Council Member Pankaj and seconded by Mayor Pro -Tem Hughes and Council Member Pilgrim. Motion carried, 5 ayes — 0 nays. 17. Discuss and act on a recommendation from the Traffic Commission to consider approving the short-term traffic stop project in the downtown area. Planning Director Andrew Mack referenced the joint work session held on October 5, with the Traffic Commission, Main Street Advisory Board, and TxDOT, and said the next step was to implement the short-term plan for stops in downtown for a 90 -day trial basis. Mr. Mack said the Traffic Commission and the Main Street Advisory Board recommended approval of this plan. A Motion to approve this item was made by Council Member Pankaj and seconded by Council Member Stone. Motion carried, 5 ayes — 0 nays. 18. Discuss and act on ORDINANCE NO. 2021-044: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE CITY OF PARIS CODE OF ORDINANCES BY AMENDING ARTICLE 4-11, "FENCE REGULATIONS," ARTICLE 4.11.05, "PERMIT AND INSPECTIONS;" PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Mack said this item had been extensively discussed and a number of considerations were given to the amendments, including input from citizens. Mr. Mack reviewed the fence permit requirements, the fence height requirements and the fence facing/orientation requirements. Regular Council Meeting October 25, 2021 Page 6 Council Member Pankaj said the fence ordinance was a big issue and he appreciated Mr. Mack's research and reaching out to the community. Mayor Portugal said she appreciated the details. A Motion to approve this item was made by Council Member Pankaj and seconded by Council Member Pilgrim. Motion carried, 5 ayes — 0 nays. 19. Discuss selling property located at 301 Bonham Street, and provide direction to staff. Mr. Mack said a number of years ago the building located at 301 Bonham collapsed and the City spent approximately $40,000.00 to clean up the property and filed liens for the work. He also said the owners of the property donated the property to the City in exchange for the City's forgiving all demolition and other liens on the property and the City accepted the donation because the lot was suitable for free public parking. Mr. Mack explained that no further development of the site was pursued by the City and it remains with a foundation that was never removed. Mr. Mack said he initially had been approached by three different individuals who wish to purchase this property and two of the individuals wanted to turn it into a parking lot for their tenants. He said one of the interested parties has since backed out. Mr. Mack said the City would need to recover its expenses, and would have to put the property out for public bid. Council Member Pilgrim said they should get an appraisal and sell according to the value. City Attorney Harris inquired if they wanted to get an appraisal prior to putting it out for bid. Council Member Pilgrim suggested inquiring from a commercial realtor about the property value. He also suggested staff get the title work done first. Mr. Mack said there were still some back taxes that would need to be paid on the property. Mayor Portugal said it was a consensus of the City Council to get an appraisal, get the title work done and bid out the property. Ms. Harris emphasized the bids would be sealed. 20. Discuss and act on issuing a Request for Proposals for professional services to create a unified marketing program for the City of Paris, Paris Economic Development Corporation, and the Lamar County Chamber of Commerce. City Manager Grayson Path reported that in early 2021, Maureen Hammond approached both he and Paul Allen about developing a unified marketing program for the Paris Economic Development Corporation, Lamar County Chamber of Commerce and the City of Paris. He said they agreed that when developers and interested parties see a unified approach by the three entities, it tells them from the beginning that they are all on the same page. Mr. Path said a unified marketing project would include unified logos, messaging and marketing strategies. In order to undertake this project, Mr. Path said they thought it best to contract with a qualified consultant because there was a significant amount of expertise needed to make this work. Mr. Path also said they had prepared the need Request for Proposals and would like to proceed. Council Member Pankaj said he was extremely excited about this and it was a great opportunity. Regular Council Meeting October 25, 2021 Page 7 A Motion to approve this item was made by Council Member Pankaj and seconded by Council Member Pilgrim. Motion carried, 5 ayes — 0 nays. 21. Received presentation on third party EMS billing, and provide direction to staff. Mr. Path explained this was a new and big project and explained the City of Paris was unique in that it does its own billing for ambulance services. Mr. Path said ten years with two EMS billing staff members was doable, but this year the City projects over 10,000 calls. After speaking with staff, it was decided that we needed to do something. He said there were several third party EMS Billing services but the identified leader and most qualified service they found was Emergicon, LLC. Mr. Path reviewed their experience and services. He said the next aspect was procurement and while doing research, they learned that communities in the Dallas metro had formed interlocal agreements with one another in order to gain access to already -bid pricing without having to go through the costly, time consuming and unpredictable process themselves. Mr. Path said they spoke with several cities and stated that the City of Coppell procured for EMS Billing Serivices and awarded it to Emergicon. Mr. Path also said city staff reached out to the City of Coppell who gave permission to pursue an Interlocal Agreement with them, which would give the City access to their Emericon, LLC proposal and agreement. Mr. Path said if the City of Paris wishes to enter into an Interlocal Agreement that a Resolution would need to be passed stating such. Mr. Path said the purpose of tonight was to introduce this topic and seek approval. He stated that staff could bring the documents back to City Council at their November Stn meeting. Mayor Portugal inquired if the rates would increase to Coppell rates, and Mr. Path answered in the affirmative. Mayor Portugal also inquired about Medicare rates. EMS Director Russell Thrasher said Medicare paid a fixed rate. Mayor Portugal asked about the number of calls related to billers. Mr. Thrasher reported the City had two primary billers that could handle the runs when they were about 5,000 a year but now they are running close to 10,000 a year and normally you would have five billers for that amount of calls. He explained the billers work on weekends and holidays in order to stay caught up. Mayor Portugal said she liked the idea of outsourcing and that the two ladies could work in other departments. Council Member Pilgrim said the EMS was cash deficient and to continue to have our own EMS that it needed to be able to at least pay for itself. Council Member Stone said you have to do what is necessary. It was a consensus of City Council to move toward third party EMS billing. 22. 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 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: Ground Lease Hangar A-7. Regular Council Meeting October 25, 2021 Page 8 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 city manager. C. 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. Council Member Stone left the meeting at 6:47 p.m. Mayor Portugal convened City Council into executive session at 6:47 p.m. 23. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Portugal reconvened City Council into open session at 7:30 p.m. and said there was no action to be taken on items 22 A and B. She said they would be postponing item C to the next meeting. A Motion to table item 22 C was made by Council Member Pilgrim and seconded by Mayor Pro -Tem Hughes. Motion carried, 4 ayes — 0 nays. 24. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. No future events were referenced. 25. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pilgrim and was seconded by Mayor Pro -Tem Hughes and Council Member Pankaj. Motion carried, 4 ayes — 0 nays. The meeting was adjourned at 7:31 p.m. PAULA PORTUGAL, MAYOR JANICE ELLIS, CITY CLERK