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05 - MinutesItem No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS March 28, 2022 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, March 28, 2022, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Paula Portugal Mayor Pro -Tem: Reginald Hughes Council Members: Shatara Moore, Gary Savage, 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; Randy Tuttle, Assistant' Police Chief;, Andrew Mack, Director of Planning & Community, Development; M.A. Smith, Public Works Director; Russell Thrasher, EMS Chief; Thomas McMonigle, Fire Chief, Clyde Crews, Fire Marshal; and Paul Strahan, Airport Manager. Absent: Council Member: Mihir Pankaj Opening A gnda 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. Recognize outgoing City Council Member Renae Stone for her service to the City of Paris. B. Citizen's forum. Regular Council Meeting March 28, 2022 Page 2 Kari Daniel — resident and owner of two downtown businesses. She asked that the City Council be mindful of the additional needed downtown lighting and encouraged them to be supportive of the next step of the downtown traffic study. Consent Ada Mayor Portugal inquired of Council Members if they wished to pull any items from the consent agenda for discussion. Mayor Portugal pulled item #11 for explanation purposes. Mayor Portugal explained that the request was that $150,000 from the FAA for 2017 be released to TxDOT. She said it was her understanding that former management did not submit plans for the project and there was an expiration of four years on the funds. She said that the funds for 2018, 2019, 2020 and 2021 were banked and the current staff had selected a project for those funds. There being no further discussion, a Motion to approve the consent agenda was made by Council Member Savage and seconded by Council Member Knox. Motion carried, 6 ayes — 0 nays. 5. Approve minutes from the meeting of March 14, 2022. 6. Receive reports and/or minutes from the following boards and commissions: a. Paris Visitors & Convention Council Board of Directors (1-18-2022) b. Historic Preservation. Commission (2-9=2022) c. Main Street Advisory Board (1-11-2022) d. Paris Public Library Advisory Board (2-16-2022) e. Paris Economic Development Corporation (2-15-2022) 7. Receive February monthly financial report. 8. Receive February drainage report. 9. Receive February demolition and code enforcement activity reports. 10. Approve RESOLUTION NO. 2022-021: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A PROCLAMATION DECLARING THE MONTH OF APRIL AS FAIR HOUSING MONTH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 11. Approve the transfer of FAA Non -Primary Entitlement Funds to TxDOT Aviation in the amount of $150,000; and authorize the Mayor to execute all necessary documents. 12. Approve RESOLUTION NO. 2022-022: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING THE CHARITY CARE POLICY FOR AMBULANCE SERVICES; MAKING OTHER FINDINGS AND PROVISIONS AND DECLARING AN EFFECTIVE DATE. Regular Council Meeting March 28, 2022 Page 3 13. Approve RESOLUTION NO. 2022-023: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF PARIS AND PUBLIC CONSULTING GROUP, LLC FOR THE PROVISION OF SERVICES RELATED TO THE RECOVERY OF COSTS THROUGH THE EMERGENCY MEDICAL SERVICES SUPPLEMENTAL PAYMENT PROGRAM FOR AMBULANCE SERVICES AND MEDICAID AVERAGE COMMERCIAL RATE; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO THE SUBJECT; MAKING OTHER FINDINGS AND PROVISIONS AND DECLARING AN EFFECTIVE DATE. 14. Accept bids and award contracts for the purchase of roadway materials to the lowest responsible bidder(s) for the twelve-month period beginning April 1, 2022; and authorize the City Manager to execute all necessary documents. 15.' Approve RESOLUTION NO. 2022-024: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A WAIVER OF THE PARIS HOUSING AUTHORITY "PHA" OF THE, CITY OF PARIS' 2021 PAYMENT IN r. LIEU OF TAXES ("PILOT"); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 16: Approve the Final Plat of the Stone Ridge Estates Addition Phase 10 and 11. Re' ular A enda 17. A. Discuss, conduct a public hearing, and act ,on ORDINANCE NO. 2022-013: AN ORDINANCE OF THE CITY ;COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND ADOPTING REVISIONS TO THE COMPREHENSIVE PLAN AND FUTURE LAND USE PLAN MAP FOR THE CITY OF PARIS AS IT PERTAINS TO CITY BLOCK 189, LOT 4, FROM LOW DENSITY RESIDENTIAL (LDR) TO MEDIUM DENSITY RESIDENTIAL (MDR), AND CITY BLOCK 189, LOTS 5, 6 AND 7, FROM RETAIL (R) TO MEDIUM DENSITY RESIDENTIAL (MDR); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. Planning Director Andrew Mack explained that the proposed change to the City's Comprehensive Plan Future Land Use Map for the two parcels from Low Density Residential and Retail to Medium Density Residential was to assure that the rezoning of property referenced in items B and C would be in accordance with the City's approved Comprehensive Plan. Mr. Mack said they wished to construct apartments on this property. He said that the Planning & Zoning Commission recommended approval of this item, as did City Staff. Regular Council Meeting March 28, 2022 Page 4 Mayor Portugal opened the public hearing and asked for anyone wishing to speak about this item to please come forward. Bill Barrs, 2509 Clarksville, spoke in support of amendment. With no one else speaking, Mayor Portugal closed the public hearing. A Motion to approve this item was made by Council Member Pilgrim and seconded by Mayor Pro -Tem Hughes. Motion carried 6 ayes — 0 nays. B. Discuss, conduct a public hearing, and act on ORDINANCE NO. 2022-014: 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 189 LOTS 5, 6, AND 7, LOCATED AT 1306 BONHAM STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) TO A MULTIPLE -FAMILY DISTRICT (MF2); 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. Planning, Director Andrew Mack explained the zoning change was requested in order to accommodate a new apartment complex, because apartments were no longer allowed in the Commercial District. He said that the Planning and Zoning Commission recommended approval of this item, as did City Staff. Mayor Portugal opened the public hearing and asked for anyone wishing to speak about this item to please come forward. With no one else speaking, Mayor Portugal closed the public hearing. A Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Knox. Motion carried 6 ayes — 0 nays. C. Discuss, conduct a public hearing, and act on ORDINANCE NO. 2022-015: 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 189, LOT 4, LOCATED AT 35 N.W. 13TH STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS FROM A ONE -FAMILY DWELLING DISTRICT NO. 2 (SF2) TO A MULTIPLE -FAMILY DISTRICT NO. 2 (MF2); 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. Planning Director Andrew Mack explained this was the last of the three items and the reason for the requested change was to permit the construction of a third apartment structure on the adjoining property to the North. He said that the Planning and Zoning Commission recommended approval of this item, as did City Staff. Regular Council Meeting March 28, 2022 Page 5 Mayor Portugal opened the public hearing and asked for anyone wishing to speak about this item to please come forward. With no one else speaking, Mayor Portugal closed the public hearing. A Motion to approve this item was made by Council Member Savage and seconded by Council Member Pilgrim. Motion carried 6 ayes — 0 nays. 18. A. Discuss, conduct a public hearing and act on ORDINANCE NO. 2022-016: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND ADOPTING REVISIONS TO THE FUTURE LAND USE PLAN MAP FOR THE CITY OF PARIS AS IT PERTAINS TO CITY BLOCK 31, LOT 1, LOCATED AT 912 EAST PRICE STREET, CITY OF PARIS, LAMAR COUNTY, TEXAS; FROM LOW DENSITY RESIDENTIAL (LDR) TO MEDIUM DENSITY RESIDENTIAL (MDR); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Planning Director Andrew Mack explained the reason for the requested changed is to change the City's Future Land Use Map to assure that the rezoning of property is in accordance with the City's approved Comprehensive Plan. He said this property was zoned for a duplex but they were actually living in a quad-plex, without a permit. Mr. Mack also said that ownership had changed and the new owner was trying to rectify these issues. Mr. Mack said that a permit could not be issued unless the zoning was changed. Council Member Savage inquired about people objecting to the potential of more complexes. Mr. Mack said it was his understanding that the prior owner converted the duplexes to quad-plexes. Mayor Portugal questioned how that happened. Mr. Mack said it was discovered when City Staff was addressing code issues. Mayor Portugal inquired if the Fire Marshal had been to the property. Mr. Mack said the Fire Marshal would review the plans but an application could not be made until the zoning was changed. Mr. Mack answered additional questions from City Council and then said that the Planning and Zoning Commission recommended approval, as did City Staff. Mayor Portugal opened the public hearing and asked for anyone wishing to speak about this item to please come forward. With no one else speaking, Mayor Portugal closed the public hearing. A Motion to approve this item was made by Mayor Pro -Tem Hughes and seconded by Council Member Pilgrim. Motion carried 6 ayes — 0 nays. B. Discuss, conduct a public hearing and act on ORDINANCE NO. 2022-017: 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 31, LOT 1, LOCATED AT 912 EAST PRICE STREET, IN THE CITY OF PARIS, LAMAR Regular Council Meeting March 28, 2022 Page 6 COUNTY, TEXAS, FROM A TWO-FAMILY DWELLING DISTRICT (217) TO A MULTIPLE -FAMILY DISTRICT NO. 1 (MF -1); 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. Mr. Mack said approval of this zoning change would allow the property to be rezoned and then they could move forward with the application. Mayor Portugal opened the public hearing and asked for anyone wishing to speak about this item to please come forward. With no one else speaking, Mayor Portugal closed the public hearing. A Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Knox. Motion carried 6 ayes — 0 nays. C. Discuss, conduct a public hearing and .,act on ORDINANCE NO. 2022-018: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS; TEXAS, APPROVING AND ADOPTING REVISIONS TO THE COMPREHENSIVE PLAN AND FUTURE LAND USE PLAN MAP FOR THE CITY OF PARTS AS IT PERTAINS TO THE PROPERTY LOCATED AT 932 E. PRICE ST., 921 E. HOUSTON ST., AND 9393 E. HOUSTON ST., OTHERWISE DESCRIBED AS CITY BLOCK 31 LOT 2, CITY BLOCK 3'1, LOT 8, AND CITY BLOCK 31, LOT 9, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM LOW DENSITY RESIDENTIAL (LDR) TO 'MEDIUM DENSITY RESIDENTIAL (MDR); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE; A SEVERABILITY CLAUSE, A PENALTY CLAUSE AND PROVING AND EFFECTIVE DATE. Planning Director Andrew Mack explained this application was made by the City for the adjacent property surrounding the applications from Mr. Berry, to change zoning from Low Density Residential to Medium Density Residential. He said the reason for the requested change was to assure that the changes are in accordance with the new changes to the City's Comprehensive Plan, and said this would make the FLUM cohesive for the entire block so that all properties were contiguous with the new changes to the FLUM, and subsequent rezoning for 912 Price Street. Mr. Mack also said that failure to approve this item would result in a FLUM designation guiding an MDR designation of 912 Price Street, which was not in accordance with sound planning principles. He said that the Planning and Zoning Commission recommended denial of this change, and that City Staff disagreed with the Commission and recommended approval by City Council. City Attorney Stephanie Harris advised that a simple majority of the City could approve this item because it was an amendment to the Future Land Use Map. Mayor Portugal said she was going with City Staff on this change, because the planner said to do otherwise would be against sound planning principles. Council Member Knox said she did not understand why Planning and Zoning denied this. Mr. Mack said they did not feel it was the City's place to request a zoning change, but that the City Staff reviews the FLUM when Regular Council Meeting March 28, 2022 Page 7 applications for zoning changes are received and make decision as to whether or not it fits with the FLUM. Council Member Pilgrim said he was fine with it. Mayor Portugal opened the public hearing and asked for anyone wishing to speak about this item to please come forward. With no one else speaking, Mayor Portugal closed the public hearing. A Motion to approve this item was made by Council Member Pilgrim and seconded by Mayor Pro -Tem Hughes. Motion carried 6 ayes — 0 nays. 19. Discuss, conduct a public hearing and act on an Ordinance considering the petition of the City of Paris for a change in zoning from a dual zoning Commercial and Light Industrial District (C & LI) to a Commercial District (C) in the RS Enterprises Addition, Block A, Lots 1-4 and the City of Paris, Block 313, Lots 2C, 2D, PT 3 and PT 4, 3A, 3B, 3C and 3D. Planning Director Andrew,Mack explained that the parcels depicted on the screen were dual zoned, which took place around 1985. He said this was brought to City Staff's attention when property changed hands and an inquiry was made. He said at the Planning and Zoning Commission hearing, City Staff received input with two for the change and two against the change. Mr. Mack said the Planning and Zoning Commission recommended denial of the City initiated application and the reason for their recommendation was that one property owner objected to the change. Mr. Mack said if City Council concurred with the P&Z recommendation, then he would request a Motion to';,allow withdrawal of the City's application. Council Member Knox inquired if Staff was recommending the dual zoning of Commercial and Light Industrial be changed to Commercial. Mr. Mack answered in the affirmative and said the highly unusual combined Zoning District was too permissive with regard to industrial uses that may be anticipated in a structure contained in the Light Industrial Zoning District. Mayor Portugal said she did not believe the people wanted light industrial because of what could go in there. Mr. Mack said that a concrete plan or asphalt plant could go in Light Industrial, as well as a number of other uses. Council Member Pilgrim said he did not think they should grab someone's land and change it. He said the property was purchased as Commercial and Light Industrial, and most of the type of industrial businesses that could go in there would not actually be permitted under State Law. Council Member Savage agreed with Council Member Pilgrim. Mr. Mack said City Staff was recommending approval of the withdrawal of the application for the zoning change. Mayor Portugal opened the public hearing and asked for anyone wishing to speak about this item to please come forward. With no one else speaking, Mayor Portugal closed the public hearing. A Motion to approve the City's request of a withdrawal for this zoning change was made by Council Member Knox and seconded by Council Member Savage. Motion carried 5 ayes — 1 nay, with Mayor Portugal casting the dissenting vote. Regular Council Meeting March 28, 2022 Page 8 20. Discuss, conduct a Public Hearing and act on 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 Property located in the A571 J Moore Survey, Tract 3, and all of Paradise Estates Addition North of Old Clarksville Rd., in the City of Paris, Lamar County, Texas, from an Agricultural District to a One -Family Dwelling District No. 2 (Sf-2) District; 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. Planning Director Andrew Mack said this zoning change of Agriculture to Single Family Dwelling was proposed by the City and included the entire subdivision. He said that the Planning and Zoning Commission recommended denial of the application and if City Council concurred with the P&Z recommendation, then he would request a Motion to allow withdrawal of the City's application. Mr. Mack answered questions from City Council. Council Member ;Pilgrim said this goes back to the item before this item, and he did not think they should take the property of others and rezone it. Mayor Portugal opened the public hearing and asked for anyone wishing to speak about this item to please come forward. With no one else speaking, Mayor Portugal closed the public hearing. A Motion to approve the City's request of a withdrawal for this zoning change was made by !Council Member Pilgrim and seconded by Council Member Savage. Motion carried 6 ayes — 0 nays. 21. Discuss, conduct �a public hearing and act on an Ordinance considering the petition of Bailey Asay on behalf of Thou Chan for a change in zoning from a One -Family Dwelling District No. 2 (SF -2) to a Multiple -Family Dwelling District No. 1 (MF -1) in the City of Paris, Block 257-A, Lot N PT 3, located at 2340 E. Cherry Street (LCDA 18177). Mr. Mack explained that this item was tabled at the Planning and Zoning Commission meeting on March 7, 2022, at the request of the applicant because the applicant had filed a new petition. Mr. Mack said the City Council could not act on this petition because the Commission had not made a recommendation. Ms. Harris recommended no action be taken on this item and that no public hearing take place. A Motion to table this item was made by Council Member Knox and seconded by Council Member Pilgrim. Motion carried, 6 ayes — 0 nays. 22. Receive presentation of the police department racial profiling annual report. Assistant Chief Tuttle explained that Article 2.132-2.134 of the Texas Code of Criminal Procedure required annual reporting to the local governing body on data collected relative to motor vehicle stops in which a ticket, citation, or warning was issued, and/or arrests resulting Regular Council Meeting March 28, 2022 Page 9 from those stops. He also said as part of the requirements a comparative analysis of the statistic information was conducted with respect to the number of stops of person by race or ethnicity, the outcome of those encounters, the number of searches conducted and the results of this searches. Assistant Chief Randy Tuttle introduced Dr. Eric Fritsch with Justice Research Consultants. Dr. Fritsch presented the racial profiling annual report and answered questions from City Council. 23. Discuss and act on ORDINANCE NO. 2022-019: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ARTICLE 6.02, "FIRE DEPARTMENT," OF CHAPTER 6 OF THE CODE OF ORDINANCES TO ADD "ASSIGNMENT PAY" AS SEC 5.02.005 AND TO RENUMBER REMAINING SECTIONS OF ARTICLE 6.02 AS APPROPRIATE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Chief McMonigle said through ordinance the City Council may authorize assignment pay for fire fighters who perform specialized functions. He explained that the Fire Marshal, the Hazardous Materials Response Team and the Dive Team were currently receiving assignment pay by approval of prior City Councils. He said the Hazardous Materials Response Team and the Dive Team were approved for assignment pay during the June 23, 2014 City Council meeting. He also said the Fire Marshal had been receiving the pay since the separation of the Assistant Fire Chief/Fire Marshal's positions authorized at the October 26, 2015 City Council meeting. Chief McMonagle explained although approved, none were put in place by ordinance as required by Civil Service. He asked that the City Council approve the ordinance before them to reflect pay already established, with the addition of the requested assignment pay for the Assistant Fire Marshal's position. A Motion to approve this item was made by Council Member Knox and seconded by Council Member Pilgrim. Motion carried, 6 ayes — 0 nays. 24. Convene into executive session pursuant to: • 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, to -wit: The Belford Apartments. • Section 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: retail development. Regular Council Meeting March 28, 2022 Page 10 Mayor Portugal convened City Council into executive session at 7:02 p.m. 25. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Portugal reconvened City Council into open session at 7:52 p.m. and said there was no action to be taken. 26. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. No referenced future events. 27. Adjournment. There being no further business, A Motion to adjourn was made by Council Member Pilgrim and seconded by Council, Member Knox. Motion carried, 6 ayes — 0 nays. Mayor Portugal adjourned the meeting at 7:52 p.m. PAULA PORTUGAL, MAYOR JAELLIS, CITY CLERK