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05 - City Council MinutesItem No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS July 25, 2022 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, July 25, 2022, at the City Council Chamber, 107 E. Kaufinan, 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; Skylar Unger, Deputy City Clerk; Gene Anderson:; Finance Director; Rich Salter, Police Chief; Andrew Mack, Director of Planning & Community Development; M.A. Smith, Public Works Director; and 'Clyde Crews, Fire Marshal Absent: Council Member: Mihir Pankaj O )enin A Benda 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. John Fuston, 4010 Miranda Drive — he spoke about swimming pool issues and the drainage problems with neighbors. He said pool water from pools was flowing in the yards of neighbors. He asked that City Council consider revising current regulations for swimming pools to allow for enforcement. Consent A enda 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 Regular Council Meeting July 25, 2022 Page 2 made by Council Member Savage and seconded by Council Member Hughes. Motion carried, 6 ayes ® 0 nays. 5. Approve minutes from the meeting of July 11, 2022. 6. Receive reports and/or minutes from. the following boards and commissions: a. Paris Visitors & Convention Council Board of Directors (5-16-2022) b. Historic Preservation Commission. (6-8-2022) c. Main Street Advisory Board (5-10-2022) d. Building & Standards Commission (6-20-2022) e. Paris -Lamar County Board of Health (2-22-2022, 3-2-2022 & 5-16-2022) f. Paris Economic Development Corporation (6-21-2022) 7. Receive June monthly financial report. 8. Receive June drainage report. 9. Receive demolition and code enforcement activity feports. 10. Approve RESOLUTION NO. 2022-052: A RES I OLUTION OF THE CITY COUNC OF THE CITY OF PARIS, TEXAS APPROVING THE SUBMISSION OF APPLICATION, FOR AN EXTENSION OF A MOTOR VEHICLE CR PREVENTION AUTHORITY (MVCPA) GRANT FOR,CONTINUATION OF T NORTHEAST TEXAS AUTO THEFT TASK FORCE; APPROVING A CAS r C A A M H S MATCH FROM THE CITY OF PARIS IN CONNECTION WITH SAID GRA EXTENSION; AUTHORIZING THE EXECUTION OF ANY AND A DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENTATION SAID GRANT UPON NOTICE THEREOF; MAKING OTHER FINDINGS A, IM I PROVISIONS RELATED� TO THE SUBJECT; AND PROVIDING AN EFFECTI DATE. 11. Approve RESOLUTION NO. 20�2-053: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,TEXAS, AUTHORIZING THE TRANSFER OF SuRPLuS POLICE DEPARTMENT CANINE, CUPA, TO HIS OFFICER -HANDLER JEFF PADIER IN ACCORDANCE WITH TEXAS GOVERNMENT CODE 614.212-21.6; APPROVING A CONTRACT REGARDING SAME AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT; MAKING OTHER. FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 12. Accept the approved PEDC budget for FY 2022-2023. 13. Accept the approved PEDC Plan of Work for 2022-2023, Regular Council Meeting July 25, 2022 Page 3 14. Approve the Final Plat of the Lone Star Addition, Lot 1, Block A, located at 1421 N.E. 19a' Street. 15. Approve the Final Plat of the Red River Business Park Addition, Lots 1-5, Block A, located in the 5500 Block of Bonham Street. 16. Approve the Final Plat of the B & B Wash Addition, Lot 1, Block A, located at 324 N. Main Street. 17. Approve the Final Plat of the First Assembly of God Addition, Lot 1, Block a, located at 3475 Lamar Ave. Re pular A enda Prior to moving to item 18, Mayor Portugal asked that item 31' be moved forward on the agenda. A Motion to bring item 31 forward was made by Council Member Knox and seconded by Council Member Pilgrim. Motion carried, 6 ayes — 0 nays. 31. Discuss regulations and enforcement for swimming pools located in the City; and provide Direction to Staff. Planning Director Andrew Mack said he had been working for two years on pool regulations and he came up with three 'options, as follows: 1) discharge on the lawn if no chemicals ruin the yard; 2) run the overflow into a'sanitary sewer if there was no chlorine and 3) put in a storm drain. Mr. Mack presented ' City Council with a handout and said staff recommended discussion of enforcement instead of it remaining a civil matter. Council Member Savage inquired if amending the ordinance would in fact change anything or would it still be a civil matter. Council Member Pilgrim wanted to know how a sanitary sewer would work and if the water would be de -chlorinated before it went into the sewer. Mr. Mack said a backwash system should take care of that if it worked. Council Member Savage favored enforcement. Mayor Pro -Tem Hughes wanted to know how long it would take to enforce this. Mr. Mack said. it would be complaint driven but expedient. Council Member Knox said she was in favor of `an ordinance enforcing regulations. Mr. Mack said staff would bring something back to City Council. 18. Discuss, conduct a public hearing and act on ORDINANCE NO. 2022-043: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A MINOR AMENDMENT TO THE MASTER THOROUGHFARE PLAN FROM A MINOR ARTERIAL ROADWAY TO A MAJOR COLLECTOR ROADWAY ON FITZHUGH AVE. NORTH OF CLEMENT ROAD TO NE LOOP 286; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Planning Director Andrew Mack said the Planning & Zoning Commission recommended approval of this City initiated change to the Master Thoroughfare Plan. He also said the current Regular Council Meeting July 25, 2022 Page 4 plan called for an Arterial Roadway Classification and the Development Staff Team and the P&Z found this classification inside the loop to be unrealistic and unnecessary. Mayor Portugal opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. With no one speaking, Mayor Portugal closed the public hearing. Council Member Knox inquired if there was any plan to smooth out the curve in the road and Mr. Mack said there was not. Council Member Savage asked about the difference between Clement and the Loop. Mr. Mack said Clement was a Collector Street which made it easier for developers. A Motion to approve this item was made by SCouncil,Member Savage and seconded by Council Member Pilgrim. 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 Master Thoroughfare Plan Amendmeni from a Major Arterial Roadway to a Major Collector Roadway on S.E. 3rd Street/FM 1497 S. Church Street to County Road 12600. Mr. Mack explained that the Planning & Zoning Commission recommended approval of this City initiated change to the Master Thoroughfare Plan, as did City Staff. He said staff reviewed the plan in relation to a new proposed Sugg Subdivision along S.E. 3rd Street recently rezoned by the City for new duplex construction. He also said the current plan called for an Arterial Roadway Classification and the Development Staff Team believes this classification inside and outside the loop to ETJ is unrealistic and unnecessary. Mr. Mack said it would have negatively impacted the planned development of the subdivision site now planned for two duplexes so it was recommended that the roadway functional classification should be reduced to a Major 'Collector requiring a lesser right-of-way of 60 feet which was consistent with the existing roadway right-of-way width currently at 70 feet in width. Mayor Portugal opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. John Foster, 3442 FM, he said the map was not confusing but the wording was confusing. With no one else speaking, Mayor Portugal closed the public hearing.. Council Member Savage inquired how this item came about. Mr. Mack said it was a result of rezoning and platting. Mayor Portugal asked if traffic would be impacted and Mr. Mack said it would not. Council Member Savage said this was a very active road and asked Mr. Foster about his concern. Mr. Foster said he was concerned about annexation. Council Member Savaged inquired of Mr. Mack if there were builders pushing for these changes. Mr. Mack said several people spoke against it but they were confused. Council Member Knox wanted to know if this was not approved would it negatively impact the duplexes that were already approved. Mr. Mack said it would because they would need to get an additional five feet. Council Member Savage confirmed if this was not approved that nothing would changc. Council Member Pilgrim inquired if the City had any decision making over signal lights and Mr. Mack said no, that Regular Council Meeting July 25, 2022 Page 5 TxDOT makes those decisions. Council Member Pilgrim said he was not opposed to this because it would remain the same. A Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Knox. Motion failed 3 ayes — 3 nays, with Mayor Pro -Tem Hughes, Council Member Savage and Council Member Moore casting the dissenting votes. 20. Discuss, conduct a public hearing and act on ORDINANCE NO. 2022-044: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A MINOR AMENDMENT TO THE MASTER THOROUGHFARE PLAN FROM A MAJOR COLLECTOR ROADWAY TO AN ARTERIAL ROADWAY NORTH OF JEFFERSON ROAD FROM S.E. LOOP 286 TO COLLEGIATE DRIVE FOR FORESTBROOK ESTATES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Mack said this was a developer initiated change to accommodate higher density residential and commercial development, along with a proposed school site and parkland further to the North end of the nearly 200 acre land area for the development. Mr. Mack also said that P&Z, as well as City Staff recommended approval of this item. Mayor Portugal opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. With no one speaking, Mayor Portugal closed the public hearing. Council Member Knox questioned the accuracy of the map because she said it appeared to be close to the Veterans' Memorial. Mr. Mack said it was a buffer and not an accurate map. 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. 21. Discuss and act on ORDINANCE NO. 2022-045: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CONSIDERING THE PETITION FOR A COMPREHENSIVE PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL (LDR) AND MEDIUM DENSITY RESIDENTIAL (MDR), TO A MIXED USE OF PARK AND RECREATION (PR), COMMERCIAL (C), HIGH DENSITY RESIDENTIAL (HDR), MEDIUM DENSITY RESIDENTIAL (MDR), LOW DENSITY RESIDENTIAL (LDR), AND PUBLIC LANDS AND INSTITUTIONS (PLI), IN THE CITY OF PARIS, BLOCK 351, LOT PT OF 8, 76.262 ACRES, CITY OF PARIS, BLOCK 353, LOT 6, AND BLOCK 351, LOT PT OF 8, 91.267 ACRES, CITY OF PARIS, BLOCK 351, LOT PT OF 9, 19.2693 ACRES, LOCATED IN THE 3300 BLOCK OF JEFFERSON ROAD (LCAD 22769, 109121, AND 106259); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. Regular Council Meeting July 25, 2022 Page 6 Mr. Mack said that the P&Z and City Staff recommended approval of this request to accommodate a planned mixed-use development. Mayor Portugal opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. With no one speaking, Mayor Portugal closed the public hearing. Council Member Pilgrim said this was the first planned development since the eighties and it was very exciting. A Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Knox. Motion carried, 6 ayes — 0 nays,.,, 22. Discuss, conduct a public hearing and act on an Ordinance considering the petition of Nathan Spaulding on behalf of Benton Rainey for a change in zoning from an Agricultural District (A) to a Planned Development District,(PD) in the City of Paris, Block 351, Lot PT of 8, 72.262 acres, City of Paris, Block 352, Lot 6 & Block 351, Lot PT of 8, 91,627 acres, City of Pairs, Block 351, Lot PT of 9, 19,2693 acres, located in the 3300 Block of Jefferson Road. Mr. Mack asked that the public hearing,be opened and continued to the August 22, 2022 City Council meeting. Mayor Portugal opened the public hearing and continued the hearing to the August 22nd City Council meeting. 23. Discuss, conduct a public hearing and act on an Ordinance considering the petition of Harold Davis on behalf of Carl Harerbw for a Specific Use Permit (SUP) in the Central Area District (CA) for a Tattoo Parlor, in the City of Paris, Block 121, Lot 2, located at 340 Bonham Street. Mr. Mack said the applicant had withdrawn this request and asked that City Council approve the withdrawal. A Motion to accept the withdrawal was made by Council Member Savage and seconded by Council Member Pilgrim. Motion carried, 6 ayes — 0 nays. 24. Discuss and act on ORDINANCE NO. 2022-047: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ISSUING A LICENSE TO TEXAS TRINITY, LLC D/B/A TRINITY BLACK CAR SERVICE, TO OPERATE A VEHICLE FOR HIRE BUSINESS ON THE PUBLIC STREETS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID LICENSE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Manager Grayson Path said that Carlos & Amanda Donaho, Texas Trinity, LLC d/b/a Trinity Black Service made application for a vehicle for hire license to operate one or more taxicabs on the public streets, alleys and highways within the City of Paris for the purpose of Regular Council Meeting July 25, 2022 Page 7 transporting passengers. He also said Trinity Black Car Service was a new service in Paris, their insurance certificate had been provided to the City and the required fee had been paid. Mr. Path said inspection of the vehicle would take place prior to issuance of the license. A Motion to approve this item was made by Mayor Pro -Tem Hughes and seconded by Council Member Knox. Motion carried, 6 ayes — 0 nays. 25. Discuss and act on RESOLUTION NO. 2022-054: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING CONNIE LAWMAN AS THE LIBRARY DIRECTOR AS RECOMMENDED BY THE CITY MANAGER IN CONFORMANCE WITH SECTION 23 OF THE CITY CHARTER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO `THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. City Manager Grayson Path said the Library Director position had been vacant since June 2022 following the resignation of Timothy DeGhelder. He also said a total of three individuals applied and the interview team interviewed two of the applicants. Mr. Path asked the City Council to appoint his selection of Connie Lawman as the Library Director. A Motion to approve this item was made by Council Member Knox and seconded by Council Member Pilgrim. Motion carried, 6 ayes — 0 nays. 26. Discuss and act on RESOLUTION NO. 2022=055: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AMENDING THE GUIDELINES AND CRITERIA OF THE 5 IN 5 HOUSING INFILL DEVELOPMENT PROGRAM TO ALLOW PROPERTIES IMMEDIATELY ADJACENT TO THE PROGRAM AREA TO BE ELIGIBLE TO PARTICIPATE IN THE PROGRAM AND TO REVISE APPLICATION FORM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Mack explained that the City was considering approval of a 5 in 5 Agreement with Michael Davidson for the construction of three new duplex at the northwest corner of Fitzhugh and Clement Road and the property was located immediately diagonal to the established 5 In 5 boundary area. He said the specific policy definition question had been raised as to the original intent of the eligibility for properties adjacent to the boundary and this Resolution clarified the original intention of the 5 In 5 Guidelines to apply to both sides of the road where the boundary exists along a street. He also said the clarification was not an intention to adjust the original boundary of the 5 In 5 eligibility area. A Motion to approve this item was made by Mayor Pro -Tem Hughes and seconded by Council Member Savage. Motion carried, 6 ayes — 0 nays. 27. Discuss and act on RESOLUTION NO. 2022-056: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AN ECONOMIC DEVELOPMENT AND RESIDENTIAL TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS ("CITY') AND DISTINGUISHED Regular Council Meeting July 25, 2022 Page 8 PROPERTY & INVESTMENTS, LLC, ("OWNER"); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT AND DECLARING AN EFFECTIVE DATE. Mr. Mack invited contractor Bailey Asay to come forward to address the City Council. Mr. Bailey introduced himself and gave a summary of the planned project for construction of three new duplexes at the northwest corner of Fitzhugh and Clement Road. Mayor Portugal inquired if the roofs were going to be flat. Mr. Asay said that some will be flat and some would be pitched. P A Motion to approve this item was made by Council Member Knox and seconded by Council Member Savage. Motion carried, 6 ayes — 0 nays. 28. Discuss and award the water & wastewater treatment chemical bids to be used in FY 2022/2023. Utilities Director Doug Harris explained that staff advertised for the annual chemical bids and the costs came in over $300,000 more than last year. He said normally this item would go on the consent agenda but because of the large increase, staff felt it necessary to place this item on the regular agenda. He also said, the hydrated lime bid came in after 3:00 p.m. deadline so it had to be re -advertised. Mr. Harris recommended approval of the lowest bids received for water and wastewater treatment chemicals to'be used in FY 2022/2023. Mayor Pro -Tem Hughes inquired if this would affect both water and wastewater treatment plans, and Mr. Harris answered in the affirmative. A Motion to approve the lowest bids was made by Council Member Pilgrim and seconded by Council Member Savage. Motion carried, 6 ayes — 0 nays. 29. Receive an update on the Water and Wastewater Treatment Plant Project. Mr. Path reviewed the summary of events through June 20, 2022 and introduced the Garver Engineers on this project, who gave a status update on the project. 30. Discuss and take any necessary action regarding the Non -Profit Organization Policy in preparation for receiving and reviewing applications at a future meeting. Assistant City Manager Robert Vine said in February of 2021, the city Council approved a new policy for the purpose of accepting, reviewing and contracting with non-profit organizations in regards to a funding assistance program. Mr. Vine said staff received eight applications and an additional two after the May 31St deadline. He said the next step in the process was for City Council to review and make decisions on applications to fund and that staff was requesting direction as whether or not the Council wanted to receive presentations from the non -profits or not, whether to call a special meeting for the purpose of addressing the non -profits or add the item to a future regular agenda, and whether or not to include the two applications that missed the deadline. Regular Council Meeting July 25, 2022 Page 9 Mayor Portugal asked for discussion as to whether or not the City Council wanted to receive presentations from the non-profit organizations. Following a brief discussion, a Motion to receive five minute presentations from each of the non-profit organizations was made by Council Member Pilgrim and seconded by Mayor Pro - Tem Hughes. Motion carried, 6 ayes — 0 nays. Mayor Portugal asked if City Council wanted to call a special meeting to hear the presentations or have those at a regular meeting. A Motion to call a special meeting for the purpose of hearing presentations from non- profit organizations was made by Council Member Savage and seconded by Council Member Knox. Motion carried, 6 ayes — 0 nays. Mayor Portugal inquired of City Council if they wanted to include the two late applications. Council Member Savage said they should be included because it was not intentional. A Motion to include the two applications that missed the deadline was made by Council Member Savage and seconded by Council Member Pilgrim. Motion carried, 6 ayes — 0 nays. 32. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. No future events were referenced. 33. Adjournment. There being no further business, A Motion to adjourn was made by Council Member Pilgrim and seconded by Council Member Savage. Motion carried, 6 ayes — 0 nays. Mayor Portugal adjourned the meeting at 7:09 p.m. PAULA PORTUGAL, MAYOR SKYLAR UNGER, DEPUTY CITY CLERK