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05 - City Council MinutesItem No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September t2,2022 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, September 12, 2022, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Paula Portugal Mayor Pro -Tem: Reginald Hughes Council Members: Gary Savage, Mihir Pankaj; Linda Knox, and Clayton Pilgrim City Staff: Grayson Path, City Manager; Robert Vine, Assistant City Manager; Janice Ellis, City Clerk; Gene Anderson; Finance Director; Rich Salter, Police Chief, Andrew Mack, Director of Planning & Community Development; M.A. Smith, Public Works Director; Doug Harris, Utilities Director; and Clyde Crews, Fire Marshal Absent: Council Member: Shatara Moore O aenin Agenda 1. Call meeting to order. Mayor Portugal called the meeting to order at 5:30 p.m. 2. Invocation. 3. 4 Finance Director Gene Anderson gave the invocation. Pledge of Allegiance. Mayor Pro -Tem Hughes led the pledge. Citizens' Forum. Joshua Lowen, with Vyve, 6 North Cord, Shawnee Oklahoma, he gave an update on bringing fiber to Paris, and said they plan to have the first customer on-line January 1St. He invited everyone to the ribbon cutting that night to be held at the Depot. Consent Aeenda 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 September 12, 2022 Page 2 made by Council Member Pankaj and seconded by Council Member Knox. Motion carried, 6 ayes — 0 nays. 5. Approve minutes from the meetings of August 22, 2022, August 29, 2022, August 30, 2022 and September 1, 2022. 6. Receive reports and/or minutes from the following boards and commissions: a. Paris Economic Development Corporation (7-19-2022) b. Building & Standards Commission (7-18-2022) c. Love Civic Center Board (6-9-2022) d. Paris Visitors & Convention Council Board (6-20-2022) e. Board of Adjustment (8-2-2022) f. Planning & Zoning Commission (9-1-2022) 7. Accept the approved 2022-2023 Program of Works and FY 2022-2023 Budgets for the Love Civic Center and Visitors & Convention Council 8. Approve a Landfill Services Agreement with Waste Connections Lone Star, Inc., and authorize the Mayor to sign. Regular Agenda Mayor Portugal asked that items 23 and 24 be moved up on the agenda. A Motion to move items 23 & 24 forward was made by Council Mayor Pro -Tem Hughes and seconded by Council Member Pankaj. Motion carried, 6 ayes — 0 nays. 23. Convene into executive session pursuant to 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). Mayor Portugal convened City Council into executive session at 5:36 p.m. 24. Reconvene into open session and possibly take action on those matters discussed in executive session. Mayor Portugal reconvened City Council into open session at 5:55 p.m. and said no action was required. 9. Discuss, continue the 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, Regular Council Meeting September 12, 2022 Page 3 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 Paris, Block 351, Lot PT of 9, 19.2693 acres, located in the 3300 Block of Jefferson Road. Planning Director Andrew Mack explained that he and the city engineer met earlier that day with the developer. He said the information he was bringing forward tonight was different than what went out in the agenda packet last week. He said the information supplied by the developer contained a lot of deviation from the City's codes. Mr. Mack recommended that the public hearing be reopened to allow the developer to come forward. A Motion to continue the public hearing was made by Council Member Knox and seconded by Council Member Pilgrim. Motion carried, 6 ayes — 0 nays. Developer Andrew Spaulding said after meeting with Mr. Mack and Mr. Donan, they had agreed to scale back some of their requests, and came to an agreement on three of the requests. He explained the changes as moving to 1) SF -3 to allow 50 ft by 100 ft, lot sizes and dropping off the SF -2, 2) 15 foot set -backs front set back on all homes within the PD and 3) Asphalt streets with concrete curb and gutters. Mr. Mack recommended approval of the ordinance with the three deviations stated by Mr. Spaulding. City Manager Grayson Path said staff was recommending closing the public hearing and bring back to them an ordinance at the next available meeting. Mr. Path explained they could not approve an ordinance because it was not in front of them tonight. A Motion to close the public hearing and have staff bring back an ordinance setting out the deviations that were agreed upon for Mr. Spaulding's request, was made by Council Member Pilgrim and seconded by Council Member Moore Motion carried, 6 ayes — 0 nays. 10. Conduct a public hearing on the City's proposed tax rate for FY 2022-2023 City Manager Grayson Path said there were three items before them, two of which were public hearings. He said this hearing was required by law and had been called by the City Council on August 22"d. Mr. Path explained the property valuations had been going up and the tax rate had been going down. He said the combined proposed tax rate was $.44 next year because the M&O tax rate was decreasing while the tax rate was increasing. He said this was a decrease from the $.45 tax rate. Mayor Portugal opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Portugal closed the public hearing. 11. Conduct a public hearing on the City Manager's proposed budget for FY2022-2023 Mr. Path said this was the final required public hearing prior to adoption of the budget. Regular Council Meeting September 12, 2022 Page 4 Mayor Portugal opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Portugal closed the public hearing. 12. Discuss and act on ORDINANCE NO. 2022-061: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER 1. 2022. AND ENDING SEPTEMBER 30, 2023, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF PARIS; APPROPRIATING THE VARIOUS AMOUNTS THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE; A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Finance Director Gene Anderson said the proposed 2022-23 budget was filed with the City Clerk on July 28th and presented to City Council on August 8th. He also said the City Council discussed the budget on August 11th and no changes were proposed to the document. A Motion to approve this item was made by Council Member Knox and seconded by Mayor Pro -Tem Hughes. Motion carried, 6 ayes — 0 nays. 13. Discuss and act on the appointment of Basel Musharbash as municipal court prosecutor. City Attorney Stephanie Harris said that on June 28, 2016, Council authorized her to hire a contract prosecutor in lieu of filling the position of Assistant City Attorney. Ms. Harris said since that time, she had three previous prosecutors. She also said she had reached an agreement with Basel Musharbash to undertake these limited prosecutorial duties effective upon approval by the Council. A Motion to approve the appointment was made by Council Member Pankaj and seconded by Council Member Pankaj. Motion carried 6 ayes — 0 nays. 14. Discuss and act on 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. Mayor Portugal said she would like to discuss the possibility of tabling items 14-20 because several members of the Council had a previous engagement and they would be leaving soon, and these items required five affirmative votes for passage. Regular Council Meeting September 12, 2022 Page 5 A Motion to table items 14-20 was made by Council Member Pankaj and seconded by Mayor Pro -Tem Hughes. Motion carried, 6 ayes — 0 nays. 15. Discuss and act on AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID 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. 16. Discuss and act on AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO COUNTY WASTE COLLECTION, 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. 17. Discuss and act on 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 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. 18. Discuss and act on AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO 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. 19. Discuss and act on AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO COUNTRYSIDE DISPOSAL, LLC FOR THE PURPOSE Regular Council Meeting September 12, 2022 Page 6 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. 20. Discuss and act on AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO TRASH AWAY DUMPSTER 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. 21. Receive report from the evaluation committee, review evaluation instruments and select dates to evaluate the City Council employees. Council Member Pankaj reported that the Committee comprised of himself, Mayor Pro - Tem Hughes, and Council Member Savage. He said they had asked that all completed evaluation forms be submitted no later than noon on Thursday. Council Member Pankaj said he would like to coordinate times to conduct these evaluations over the next three meetings. It was a consensus of City Council to conduct the City Manager's evaluation on September 26th, the City Attorney on October 10th, and the Municipal Judge on October 24th. 22. Discuss and act on RESOLUTION NO. 2022-066: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, SUPPORTING THE APPLICATION FOR THE BULLET -RESISTANT SHIELD GRANT PROGRAM FOR THE FISCAL YEAR 2023; AUTHORIZING THE CHIEF OF POLICE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY FOR APPLICATION FOR SAID GRANT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Police Chief Salter explained this was a State grant funding opportunity for Law Enforcement agencies to purchase and equip Police Officers with bullet resistant shields. He said every police vehicle would be equipped with one and if the City had to fund this, the cost was $5,000.00 for each one. A Motion to approve this item was made by Council Member Knox and seconded by Council Member Moore. Motion carried, 6 ayes — 0 nays. 25. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Regular Council Meeting September 12, 2022 Page 7 No future events were referenced. 26. Adjournment. There being no further business, Mayor Portugal adjourned the meeting at 6:18 p.m. PAULA PORTUGAL, MAYOR JANICE ELLIS, CITY CLERK MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS September 13, 2022 The City Council of the City of Paris met for a special session at 5:30 p.m. on Tuesday, September 13, 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; Mihir Pankaj; Linda Knox; and Clayton Pilgrim. City Staff: Grayson Path, City Manager; Robert Vine, Assistant City Manager; Gene Anderson, Finance Director; and Janice Ellis, City Clerk; O )enin Agenda 1. Call meeting to order. Mayor Portugal called the meeting to order at 5:30 p.m. 2. Citizens' forum, No one spoke during citizens' forum. 3. Discuss and ratify the property tax increase reflected in the budget as required by Chapter 26 of the Texas Tax Code. Finance Gene Anderson said pursuant to Local Government Code Section 102.007(C), the City Council was required to take a separate vote to ratify any property tax increase reflected in the 2022-23 Budget. A Motion to approve the property tax increase was made by Council Member Savage and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. 4. Discuss and act on ORDINANCE NO. 2022-062: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, FIXING THE TAX RATE AND THE TAX LEVY AND LEVYING AD VALOREM TAXES FOR THE CITY OF PARIS FOR THE CALENDAR YEAR 2022 UPON ALL TAXABLE PROPERTY WITHIN THE CITY OF PARIS IN CONFORMITY WITH THE CHARTER PROVISIONS AND ORDINANCES OF THE CITY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; Special Meeting September 13, 2022 Page 2 PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Finance Director Gene Anderson explained that each year the City Council must adopt a property tax rate sufficient to fund the city budget as adopted by the Council. He said the property rate was .44278 per $100 of valuation. A Motion to approve this item was made by Council Member Savage and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. 5. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pankaj and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 7:08 p.m. PAULA PORTUGAL, MAYOR JANICE ELLIS, CITY CLERK Special Meeting September 13, 2022 Page 2 PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Finance Director Gene Anderson explained that each year the City Council must adopt a property tax rate sufficient to fund the city budget as adopted by the Council. He said the property rate was .44278 per $100 of valuation. A Motion to approve this item was made by Council Member Savage and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. 5. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pankaj and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 7:08 p.m. PAULA PORTUGAL, MAYOR JANICE ELLIS, CITY CLERK