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05 - City Council MinutesItem No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS January 10, 2022 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, January 10, 2022, at the City Council Chamber, 107 E. Kaufinan, 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; Robert Vine, Assistant City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Richard Salter, Police Chief, Andrew Mack, Director of Planning & Community Development; M.A. 'Smith, Public Works Director; Clyde Crews, Fire Marshal; and Paul Strahan, Airport Manager Opening Agenda 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. A. Recognition of Martin Luther King, Jr. Day. On behalf of the Paris City Council, Mayor Portugal recognized Martin Luther King, Jr. Day scheduled for January 17, and his contribution to the American Civil Rights movement in the 1960s. B. Recognition of the City Clerk's Department, Vital Statistics Unit for earning the Five Star 2021 Exemplary Award issued by the Texas Department of State Health Services. City Manager Grayson Path recognized the Department for being a recipient of the State Vital presented Deputy Clerk Skylar Unger with the award. C. Citizen's forum. No one spoke during citizen's forum. Consent A ,,ends Regular Council Meeting January 10, 2022 Page 2 Vital Statistics Unit of the City Clerk's Statistic 2021 Five Star Award. Mr. Path 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 Pilgrim and seconded by Council Member Savage. Motion carried, ayes — 0 nays. Approve minutes from the meetings of December 13, 2021 and December 15, 2021 6. Receive reports and/or minutes from the following boards and commissions: a. Paris -Lamar County Health District (6-1-2021) b. Planning & Zoning Commission (12-6-2021) 7. Appoint William Walker I serve the unexpired term of Ms. Emily Temple on the Main Street Advisory Board. Approve RESOLUTION NO. 2022-001: A RESOLUTION DENYING THE PETITION OF JUDY DAUGHTREY FOR A CHANGE IN ZONING FROM A ONE -FAMILY DWELLING DISTRICT NO. 2 (SF -2) TO A TWO-FAMILY DWELLING DISTRICT (2F) IN THE WILLOWCREST42 ADDITION, BLOCK A, LOT 7, LOCATED AT 1315 N.E. 26TH STREET (LCAD 39756). 9. Extend the Families First Coronavirus Relief Act (FFCRA) Co-Vid 19 Sick Leave Program to June 30, 2022, retroactive start to January 1, 2022. 10. Approve the November 2021 Monthly Financial Report. Regular Agenda 11. Pursuant to Chapter 552 of the Texas Government Code, the public is hereby given notice that the City Council of the City of Paris, Texas will convene in regular session on the 10th day of January, 2022, at 5:30 p.m. to receive information from Allison, Bass & Magee, LLP, regarding the redistricting of City Council Member Districts. After the hearing, the City Council will take action to authorize publication of notice for a Public Hearing for consideration and possible action regarding one or more alternative plans for the redistricting of the City Council Districts. The City Council reserves the right to take Regular Council Meeting January 10, 2022 Page 3 any and all appropriate actions regarding the redistricting of the City of Paris political boundaries, including the acceptance of new boundaries for the City Districts, modification of any boundaries, and/or tabling the pending proposals for later consideration and/or action. City Manager Grayson Path explained that the City Council had recently conducted a workshop session regarding redistricting. He introduced consultant Bob Bass who was leading the City through the redistricting process. Mr. Bass explained the process and said at their workshop session, City Council indicated they wanted to move forward with adoption of Plan B. Mr. Bass asked if they had any questions or additional discussion. There being none, he said the next step would be to direct staff to publish a public hearing for January 24, at which time a public hearing would be conducted and they would adopt Plan B at that time. A Motion to direct staff to publish for a public hearing was made by Council Member Pankaj and seconded by Council Members Pilgrim and Savage. Motion carried, 7 ayes — 0 nays. 12. Conduct a public hearing, discuss and adopt RESOLUTION NO. 2022-002: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AUTHORIZING THE CITY TO BE ELIGIBLE TO PARTICIPATE IN PROPERTY TAX ABATEMENTS AND APPROVING GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENTS IN THE CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Attorney Stephanie Harris explained for the City of Paris to be able to participate in Property Tax Abatements, Guidelines and Criteria must be adopted every two years. She said the current policy was approved in January 2020. Mayor Portugal opened the public hearing asking for 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 Savage and seconded by Council Member Pankaj. Motion carried, 7 ayes — 0 nays. 13. Conduct a public hearing, discuss and adopt RESOLUTION NO. 2022-003: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS ESTABLISHING THE 5 IN 5 HOUSING IN -FILL DEVELOPMENT PROGRAM; AUTHORIZING THE CITY TO BECOME ELIGIBLE TO PARTICIPATE IN RESIDENTIAL HOUSING TAX ABATEMENTS AND APPROVING GUIDELINES, CRITERIA AND AN APPLICATION FORM FOR THE PROGRAM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Regular Council Meeting January 10, 2022 Page 4 City Planner Andrew Mack explained that City Staff had been working for several months to develop a new program initiative to encourage and incentivize new infill development housing in the core area of the City. He reviewed the four main incentives, as follows: 1) low cost tax forfeit lots to be sold for $1.00 to builders and/or investors, with approval of all the taxing jurisdictions. Other privately owned, non-public trustee parcels in the eligibility boundary area would also be counted toward the total 4 required newly constructed dwellings all up to fully modern building safety codes; 2) A 5 year 100% tax abatement to commence from the date of final completion by the builder. Upon completion, if the builder sells the new home(s), a request can be made to the City Council to re -assign the tax abatement for the remaining period under the agreement; 3) Reduced building plan review and permit fees. The higher the number of units built over time, the greater the percentage discount of the fees; and 4) Reduced water & sewer labor tap fees. The higher the number of units built over time, the greater the percentage discount of the fees. Next, Mr. Mack reviewed a number of additional specifics built into the program contained in the guidelines. Mr. Mack said as of to date, there had been a strong interest expressed in the program from builders. He also said this program was discussed with a representative of all of the other three taxing authorities and was well received. Mayor Portugal opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. James Allcorn, 870 S.E. 41st - he inquired if the abated taxes were only for the City. Mayor Portugal said they had been working with the County and the Schools regarding the program. City Manager Grayson Path added that the Schools did not give tax abatements, but the City needed the Schools and the County to sign off on the tax delinquent lots to be able to move forward with the project. Derrick Hughes, 627 5th N.E. — he said he was very excited about this program and had been working to get roofs in Paris. With no one else speaking, Mayor Portugal closed the public hearing. Mayor Portugal asked if there were questions from City Council. Council Member Savage asked if there was a good intentions clause in the agreement should there be a developer that does not follow through. Mr. Mack said there was a performance clause in the agreement that in summary has the property reverting to the City. Council Member Savage inquired if plans were required in advance. Mr. Mack said a site plan was required to be submitted with the application. Council Member Pilgrim asked if there was a requirement in place to determine if the developer was financially capable of completing the project. City Attorney Stephanie Harris said there was not, but that could be added. Council Member Savage asked if this program was available for home rehabilitation, and Mr. Mack said it was not but only for new construction. Council Member Pankaj asked if there was a minimum square foot required. Mr. Mack said zoning would determine that. Mayor Portugal said housing Paris' workforce was an economic advantage. Council Member Savage said people were excited about this project. Council Member Knox expressed appreciation to City Staff for this project, and for including other departments and builders. Mayor Pro -Tem Hughes said this project was exciting and commended City Staff. Regular Council Meeting January 10, 2022 Page 5 Subject to the applicant being required to provide a letter from the financial institution as to his or her financial ability to do the project, a Motion to approve this item was made by Mayor Pro -Tem Hughes and seconded by Council Member Knox. Motion carried, 7 ayes — 0 nays. 14. Discuss and act on RESOLUTION NO. 2022-004: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND AUTHORIZING AN ECONOMIC DEVELOPMENT AGREEMENT AND TAX ABATEMENT AGREEMENT WITH ESSENTIAL HOUSING CORPORATION, LLC; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Mack explained that City Staff had been working with builder/investor Mr. Marc McKinney for several months during the development of the new program initiative to encourage and incentivize new infill development housing in the core area of the City. Mr. Mack said that Mr. McKinney was proposing to build on seven properties subject to approval from the other taxing entities. He also said that Mr. Pounders was working with the City on this project. Mr. Mack introduced Marc McKinney. Mr. McKinney expressed appreciation for the opportunity to work on this project and said he had done a project in Bonham. He said his company was in the business of developing land and explained how they got into these type of programs. Mr. McKinney said the homes they built were 1,200 to 1,300 square feet, 3 bedroom, 2 bathroom, a carport, high ceilings and stainless steel appliances. A Motion to approve this item was made by Council Member Pankaj and seconded by Council Member Pankaj. Motion carried, 7 ayes — 0 nays. 15. Discuss and act on an amendment to the Hangar Lease Agreement for city -owned hangars. Airport Manager Paul Strahan explained that paragraph 4 of the current city -owned hangar lease agreement contradicted the City Code, because the lease agreement calls for a term of seven years but Section 10.04.006(b) states the lease shall be on a month-to-month basis. Mr. Strahan said the amendment was necessary to comply with the Code. A Motion to approve this item was made by Council Member Knox and seconded by Council Member Pankaj. Motion carried, 7 ayes — 0 nays. 16. Discuss and act on ORDINANCE NO. 2022-001: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO M.J. 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 FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Regular Council Meeting January 10, 2022 Page 6 City Clerk Janice Ellis explained this company was in its' second year of operation in the City and was recently purchased by Mr. Berry. She said an application and required insurance was received by the City. A Motion to approve this item was made by Council Member Pankaj and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. 17. Discuss and act on ORDINANCE NO. 2022-002: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS CODE OF ORDINANCES BY AMENDING CHAPTER 3 SECTION 3.01.006, "TETHERING OF DOGS;" PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Police Chief Rich Salter explained this amendment was required in order to follow State Law Senate Bill 5, which would go into effect on.January 18, 2022. Chief Salter explained what was and was not allowed by State Law, and answered questions from City Council about enforcement. A Motion to approve this item was made by Council Member Pankaj and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. 18. Discuss and act on ORDINANCE NO. 2022-003: 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 MOST RECENTLY BY ORDINANCE NO. 2021-023 FOR AN ADDITIONAL NINETY (90) DAYS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Due to the most recent spike in Covid cases, City Attorney Stephanie Harris said she brought this back for approval of another 90 days which would extend the Declaration of Disaster for Covid-19 related public health emergency for 90 days, or until April 23, 2022. A Motion to approve this item was made by Council Member Savage and seconded by Council Member Pankaj. Motion carried, 7 ayes — 0 nays. 19. Discuss 2021 Charter Review Commission Report, possibly make amendments and provide direction to staff. City Manager Grayson Path said the goal tonight was to discuss the amendments and make a decision as to approval of all of the amendments, some of the amendments or none of the amendments. Mr. Path proceeded to review the Articles, and stated there were no recommended edits in Articles I and II. Council Member Knox inquired about any edits to the Charter as to Regular Council Meeting January 10, 2022 Page 7 who and who could not serve. City Attorney Stephanie Harris said Article 12 Section 149 covers the requirements of serving on City Council. Next, Mr. Path covered Article III Sections 16-19 and said these were the largest amendments to be considered. He explained the considerations given to the Mayor At -Large item and said the Commission recommended having a Mayor elected At -Large, and he or she would be the eighth member of City Council without the ability to vote unless in case of a tie vote, and added language addressing if City Council Members choose to run for Mayor. Mr. Path reminded everyone of the 1976 Federal Court Order that addressed racial inequality in the City of Paris' election process and the Order that divided the City into seven single member districts. Mr. Path also said the CRC discussed the attendance requirement for Council Members and stated a member would be required to attend 75% of Council meetings. Mr. Path also said there was cleanup language to reflect current duties of City Manager and the current retirement program. Mayor Portugal inquired about the legality of going to a Mayor At -Large city. Ms. Harris said they would first have to locate the petitioners of the previous lawsuit. She also said they would have to seek Court approval from the 1976 Court Order and that could take months or years. She expressed concern about a minority ever being elected as Mayor should they move to a Mayor At -Large city, because it would dilute the minority population. Council Member Knox said she did not like the fact that the Mayor would not be a voting position. Council Member Pankaj said technically the Mayor would not have voting rights but was still a high position. Council Member Knox said you could not undermine the true power to vote. Council Member Savage questioned as to why anyone would recommend a Mayor At -Large system because it would stet Paris back decades and that a minority would never be elected to the Mayor position. He said the City would be opening itself up for lawsuits. Council Member Savage said the population of Paris was 72% white and 28% black, and that anyone who stands for equality would not go for having a Mayor elected At -Large. Ms. Harris said that at the time the Charter Commission made this recommendation, they had not heard from the attorney regarding the need to go to the Federal Court on this. A Motion to not carry the Mayor At -Large proposition was made by Council Member Savage and seconded by Council Member Hughes. Motion carried, 6 ayes — 1 nay, with Council Member Stone casting the dissenting vote. With regard to absences, Mayor Portugal said she favored what the boards and commissions followed. She said that would mean that Council Members would need to attend 16 meetings out of one year or 75% attendance. A Motion to move forward with the proposal of Council Members must attend 75% of City Council meetings from May through April of each year, unless excused by City Council, was made by Council Member Pilgrim and seconded by Council Member Pankaj. Motion carried, 7 ayes — 0 nays. As to Article IV, Mr. Path said the only amendment was cleanup language to reflect current duties of the City Manager. With regard to Article V, he said there was cleanup language to reflect current budget practices as well as remove outdated language. Mr. Path explained that Article VI was a complete re -write to reflect practices that were more modern and streamline those practices to address long-term indebtedness laws in the State of Texas. As to Article VII, Mr. Path said there was cleanup language to reflect current practices and/or remove outdated language for duties of the Finance Director and surety coverage for employees. He also said language was added to provide for the option of security local loans for longer than one year Regular Council Meeting January 10, 2022 Page 8 because this had been an issue in the FY 20/21 Budget when purchasing numerous pieces of equipment. Mr. Path said removal of outdated language was removed from Article VIII and there were no recommended edits to Article IX. With regard to Article X, Mr. Path said edits were recommended to clarify what is not appropriate for initiative and/or referendum. Mr. Path reported that Article XI was a complete re -write to reflect more modern and streamline language inspired by State Law concerning the City's power to grant franchises within the City. Mr. Path said in Article XII language was updated regarding salary garnishment to reflect State Law. He also said that a cleanup provision was added so that once the Charter edits are voted on by the electorate, depending on what is and is not approved, it will be necessary to come in and renumber. Mr. Path said the City must also address gender -specific language throughout the Charter, not just the sections covered in the Final Report. Council Member Knox said there should be language in the Charter that addresses how a Charter Review Commission should be formed. Mr. Path inquired of Council Member Knox if she wanted something like the criteria they used in selecting this Commission and she said yes. She said for example the Commission would be comprised of fifteen members, each Council Member appoints two Commission Members, with the Mayor and Mayor Pro -Tem selecting the fifteenth member. She also said they need to set out whether or not former City Council Members or employees could serve. Council Member Pankaj said they need to address selection of alternates. Mayor Portugal said an attendance requirement of 75% should be included. Council Member Knox suggested letting the Commission pick the dates and time they wanted to meet. Mayor Portugal and Council Member Knox both suggested a Commission be appointed no less than every five years to review the Charter. Mr. Path said he could bring back language to the next meeting for consideration by the City Council. Council Member Pankaj inquired about the cost and Mr. Path said it would going to be a lot because a booklet had to be mailed to every single registered voter in the City of Paris. He also said this was not a budgeted election. Mayor Portugal said they needed to decide if they wanted to move forward to a May 2022 Election or November 2022 Election, and asked staff would it be possible to have this election in May. City Clerk Ms. Ellis said it would depend on the schedules of the people the City hires such as the attorney who will write the ballot language, the translator for Spanish and the publisher. Ms. Ellis also said these people had been contacted and were on hold waiting for the final document to be sent to them. She said they might not be able to meet the deadline for the May election and wanted them to know that, but Staff would do their best. Mr. Path said staff would send what they have to the consultant attorney to begin writing ballot language on what was approved so far, and bring language for the changes they made tonight to their next meeting. 20. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Council Member Pankaj inquired about the strategic planning session or Council retreat. Mr. Path said he would reach out to the consultant. Regular Council Meeting January 10, 2022 Page 9 21, Adjournment. There being no further business, Mayor Portugal adjourned the meeting at 7:36 p.m. PAULA PORTUGAL, MAYOR JANICE ELLIS, CITY CLERK