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12/14/2020MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS December 14, 2020 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, December 14, 2020, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Steven Clifford Council Members: Paula Portugal; Renae Stone; Reginald Hughes; Linda Knox; and Clayton Pilgrim City Staff: Grayson Path, City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson; Finance Director; Randy Tuttle, Interim Police Chief; Russell Thrasher, Interim EMS Director; Thomas McMonigle, Fire Chief, M.A. Smith, Public Works Director; and Clyde Crews, Fire Marshal Absent: Council Member: Gary Savage Opening Ayenda 1. Call meeting to order. Mayor Clifford called the meeting to order at 5:30 p.m. 2. Invocation. Finance Director Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Portugal led the pledge. 4. Citizens' foram. Bryan Glass, 4351 FM 2648, Powderly, Texas — he said he was the Boys & Girls Club President and he along with other members, were there to support partnering with the City. Mr. Glass said sixty-six plus years ago the Club started serving underprivileged children and they typically serve 140-200 youth on a daily basis. He also said they recently learned that the City owns part of the club property and the Club had been maintaining it for all of these years. He specifically referenced two baseball fields east of the Club, and stated they hope to expand the Club one day. Mr. Glass asked that the City convey those two fields over to the Club and said the Club would pay any and all expenditures associated with the partnership. Regular Council Meeting December 14, 2020 Page 2 Consent A Benda Mayor Clifford 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 Portugal, and seconded by Council Member Knox. Motion carried, 6 ayes — 0 nays. 5. Approve minutes from the meeting on November 9, 2020. 6. Receive reports and/or minutes from the following boards and commissions: a. Historic Preservation Commission (9-28-2020) b. Main Street Advisory Board (9-15-2020 & 11-10-2020) c. Love Civic Center (9-17-2020) d. Paris Visitors & Convention Council Board (10-19-2020) e. Paris Economic Development Corporation (10-20-2020) f. Traffic Commission (8-4-2020) g. Planning & Zoning Commission (11-2-2020) h. Paris Public Library Advisory Board (10-21-2020) 7. Receive October & November monthly financial reports. 8. Receive October & November drainage reports. 9. Receive October & November demolition and code enforcement activity reports. 10. Approve a Professional Services Agreement with KSA Engineers, Inc. to provide secondary interim city engineer services to the City of Paris; and authorize the City Manager to execute all necessary documents. 11. Approve a contract with Bernal Commercial Construction for the 645 Johnson Woods Drive Channel Bank Stabilization Project in the amount of $68,260.00, and authorize the City Manager to execute all necessary documents. 12. Approve a Professional Services Agreement in the amount of $12,000.00 with McDoux Preservation, LLC for Phase 2 of the Paris Historic Resource Survey; and authorize the City Manager to execute all necessary documents. 13. Approve a Professional Services Agreement with Hayter Engineering for quarterly storm water pollution prevention reporting at the Paris Cox Field Airport in a not -to - exceed amount of $3,900.00; and authorize the City Manager to execute all necessary documents. 14. Approve Change Order #2 for the 2018 TXCDBG North Main Street and Houston Sidewalk Improvement Project in the amount of $11,361.04 for handrails as required by Regular Council Meeting December 14, 2020 Page 3 the Texas Department of Licensing and Regulation; and authorize the City Manager to execute all necessary documents. 15. Approve the Final Plat of Asay Properties Addition, City Block 253B, located at 2126 E. Polk Street. 16. Approve a Professional Services Agreement with Public Sector Personnel Consultants, Inc., in an amount not to exceed $25,000.00 to perform a compensation study and; authorize the City Manager to execute all necessary documents. Regular Agenda Council Member Knox said she would like to move item 25 up because there were a number of people at the meeting who were interested in it. A Motion to move item 25 up on the agenda was made by Council Member Knox and seconded by Council Member Pilgrim. Motion carries, 6 ayes — 0 nays. 25. Discuss and act on conveying the two baseball fields east of the Boys and Girls Club to the Boys and Girls Club, subject to subdividing the tract located at the Red River Fair Grounds and the future approval of documents necessary to effect said conveyances. City Attorney Stephanie Harris said there were two issues, citing one of the baseball fields was part of a larger piece of land owned by the City and that would first have to be subdivided. She said the other issue was for a municipality to donate land, that it had to be for a public purpose and it had to be perpetual. Ms. Harris said for example, if the land were to be sold later by the Boys and Girls for something other than what it was being donated for, it could not happen but would revert back to the City. Mayor Clifford said he was in support of conveying the two baseball fields to the Boys and Girls Club. He also said that Council Member Savage could not be at the meeting but that he wanted to let everyone know that he was in support of this item. Council Member Stone expressed support citing she was for anything that was good for the children. Council Members Hughes, Portugal, Knox and Pilgrim also supported this item. Subject to the provision of subdividing the tract and that the conveyance remain perpetual as set out by Ms.Harris, a Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Knox. Motion carried, 6 ayes — 0 nays. 17. Discuss, conduct a public hearing and act on ORDINANCE NO. 2020-062: 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 285, LOT 1, LOCATED AT 25 S.E. 31' STREET, FROM A ONE -FAMILY DWELLING DISTRICT NO. 2 (SF -2) TO AN OFFICE DISTRICT (0); DIRECTING A CHANGE Regular Council Meeting December 14, 2020 Page 4 ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City Manager Grayson Path explained that the property was previously used as residential but had been vacant for a period of time, and the owner was proposing to have three general administrative offices inside this location. Mr. Path said the Planning & Zoning Commission unanimously approve this zoning change, and city staff recommended approval. Mayor Clifford 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 Clifford closed the public hearing. A Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Portugal. Motion carried, 6 ayes — 0 nays. 18. Discuss, conduct a public hearing and act on ORDINANCE NO. 2020-063: 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 188- E, LOT 23, LOCATED IN THE 2800 BLOCK OF JEFFERSON ROAD AT COLLEGIATE DRIVE, FROM A PLANNED DEVELOPMENT DISTRICT (PDal) TO A MULTIPLE -FAMILY DWELLING DISTRICT (MF -1); DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City Manager Grayson Path explained that the Pshigoda Foundation was requesting a zoning change on behalf of the Gibbs Family, and they were proposing to subdivide 10.007 acres of the 39.3210 acres in order to construct 75-80 apartment units for senior living. Mr. Path said a senior living apartment complex would provide a good transition into the surrounding area, that the Planning and Zoning Commission unanimously approved the zoning change, and staff recommended approval. Mayor Clifford 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 Clifford closed the public hearing. A Motion to approve this item was made by Mayor Clifford and seconded by Council Members Knox and Portugal. Motion carried, 6 ayes — 0 nays. 19. Discuss and act on RESOLUTION NO. 2020-051: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THOMAS Regular Council Meeting December 14, 2020 Page 5 MCMONIGLE AS THE FIRE CHIEF 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. Mr. Path said the Fire Chief position had been vacant since October 2019, and that Assistant Fire Chief Thomas McMonigle had been serving as Interim Fire Chief since that time. He reported that the City had received forty-three applications, fifteen were interviewed and he was recommending that Thomas McMonigle be approved as the Fire Chief. Mr. Path reviewed Chief McMonigle's qualifications, which included over thirty-four years of experience working at the City of Paris Fire Department, an array of education and training credentials and certifications. Council Member Stone expressed appreciation to Chief McMonigle for stepping up and filling in and Council Member Knox expressed appreciation to Chief McMonigle for his leadership. A Motion to approve this item was made by Council Member Portugal and seconded by Council Member Knox. Motion carried, 6 ayes — 0 nays. 20. Discuss and confirm re -appointment of Del Drake to serve on the Civil Service Commission. Mr. Path said Del Drake's term was expiring at the end of December and he expressed a desire to serve again. Mr. Path asked that Council confirm Mr. Drake's re -appointment to Civil Service Commission. A Motion to approve this item was made by Mayor Clifford and seconded by Council Member Pilgrim. Motion carried, 6 ayes — 0 nays. 21. Discuss and act on a Consulting Services Agreement for Third Party Engineering Audit Services of the 2013 Utility Bond Package #4 Project with Alfred Benesch & Company, in an amount not -to -exceed $101,630.00, to consider forming and filling a City Council subcommittee for said project; and authorize the City Manager to execute all necessary documents. Mr. Path said at the October 12, 2020 City Council meeting, the City Council agreed they would like to meet with Benesch and Company to develop a scope of service to audit the Utility Bond Project Package #4. He also said at the November 9 City Council meeting, Jeff Sockel and Tim O'Brian of the company gave a presentation to Council, and that the City Council then authorized the City Manager to negotiate an Agreement and Scope of Service which was included in their agenda packets. Mr. Path said if approved, he would ask the Council to appoint three Council Members to serve on the subcommittee. Mr. Path informed City Council there was money available from the bonds to proceed with this. Regular Council Meeting December 14, 2020 Page 6 Council Member Pilgrim said the public needed to know that 24 million dollars was spent on this project and that Council thinks there are some things that were brushed over and not done according to contract. Mayor Clifford agreed with Council Member Pilgrim. He said he was impressed with this company and expressed appreciation to Mr. Path for bringing them to Paris. Council Member Stone said they needed to hold people accountable. Following additional discussion, Mayor Clifford, Council Member Hughes and Council Member Pilgrim volunteered to serve on the subcommittee. A Motion to approve this item was made by Mayor Clifford and seconded by Council Member Pilgrim. Motion carried, 6 ayes — 0 nays. 22. Discuss and act on a TxDOT Safety Grant Proposal to pursue funding for a raised median from 33rd Street to 42nd Street on Lamar Avenue and the closing of crossover lanes on Loop 286 located approximately at the Home Depot, 29"' Street, Spur 139 and Clement Road. Mr. Path explained that TxDOT had available funds for safety-related Capital Improvement Projects throughout the State, and it was a competitive program. He said that the local TxDOT Office had submitted several projects for the TxDot's Review Team's consideration and that the local regional office would like Paris' support. Mr. Path introduced Regional Engineer Dan Taylor. Mr. Taylor said every year TxDOT has a safety project, and then explained the process. He said it was very competitive. Mr. Taylor spoke about the first project being a raised median from 33rd Street to 42nd Street on Lamar Avenue. Council Member Pilgrim inquired about the traffic count on Lamar Avenue, and Mr. Taylor said it was in excess of 22,000 on a daily basis. Mayor Clifford said he fully supported this and it would help keep people safer. Mr. Taylor and Mr. Path discussed closing of crossover lanes on Loop 286. Council Member Hughes inquired how long it would take to do all of this. Mr. Taylor said once they got started, it would take four or five months and the work would need to be done at night. Council Member Stone said she was in favor of making our community safer. Mr. Path informed Council there would be no City match required and Mr. Taylor said the money was all Federal funding. A Motion to approve this item was made by Mayor Clifford and seconded by Council Members Portugal and Hughes. Motion carried, 6 ayes — 0 nays. 23. Discuss and act on developing a procedure for expending the City of Paris' allocation of Coronavirus Relief Funding from the Texas Department of Emergency Management. Mr. Path said about 1.4 million dollars was allocated to Paris in funding. He said initially the funding was restricted to abnormal Covid-19 related expenses, such as testing kits, ventilators, and payroll directly caused by Covid-19 and that the City would have realistically been limited to a portion of the total available allocation because the City simply did not have a significant amount of abnormal expenses due to Covid. Mr. Path said the City was able to assist the Health District and schools in an attempt to bring the money into our community instead of losing it. Mr. Path reported that in recent months the Federal/State Government had clarified what were eligible payroll expenses which now allow full utilization. Mr. Path explained by Regular Council Meeting December 14, 2020 Page 7 doing this, the City would receive a significant amount of funding that was not directly tied to an abnormal Covid-19 expense and in affect, would give the City options for spending the money. Mr. Path reported the City had three external commitments, which included the third party administrator, the Health District and the Schools. He said all other expenses were internal and for testing kits, ventilators, cleaning supplies, masks, payroll and overtime and the budget was able to absorb these expenses without exceeding the budget. Mr. Path explained the available options on expending the funds which included reimbursing the City funds on the expenses by adding the money to the reserve. He said another option was to set this money aside for a purposes such as future street work, capital improvements, equipment purchases, etc. Mr. Path said the third option was to set this money aside for the pursuit of disaster -related purchases, and this option was the one he was recommending. City Council discussed the three options. Council Member Pilgrim favored the idea of setting the money aside for the next disaster but wanted all Covid expenses paid first. Mayor Clifford agreed with Council Member Pilgrim and said the first thing that should be done was all legit Covid expenses paid, then reimburse any reserves that were used, and then set aside money for emergency preparedness. Council Member Portugal inquired if the City had received a refund on test kits that were ordered. Finance Director Gene Anderson said the City was able to cancel the kits it had not received and receive a refund. He also said on the kits the City had actually received, the City was unable to get a refund and that the City had about 3,500 test kits. Mr. Path said staff would bring back a resolution with the actual numbers. Following additional discussion, it was a consensus of City Council to pay Covid expenses first, reimburse any funds used from reserves and set aside the remaining money for emergency preparedness. 24. Discuss and act on RESOLUTION NO. 2020-052: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING THE ADOPTION OF A POLICY FOR CONTRACTING FOR AND DELIVERY OF CONSTRUCTION PROJECTS NAD SETTING OUT CRITERIA FOR DETERMINING IF A PROSPECTIVE BIDDER IS A RESPONSIBLE BIDDER. Mr. Path said he and Ms. Harris had worked on this policy using Texas Government Code Chapter 2269 as the basis. Ms. Harris said the resolution and policy incorporates State Statute, which controls governmental procurement of contracts for the construction, alteration, and renovation of public facilities and public works. She also said Chapter 252 of the Local Government Code had competitive bidding components and to the extent that it conflicts with Chapter 2269, that Chapter 2269 controls. Ms. Harris informed Council there were multiple procurement methods. Mayor Clifford inquired about the definition of responsible bidder and Ms. Harris said there was not a statutory definition of responsible bidder, and that would be up to staff to develop criteria. Council Member Portugal said for instance they would look at the safety record and performance and if a company did not complete that, the City would not want that company doing work for the City. Mayor Clifford said this does give the City a little more flexibility and they were not required to just go with the lowest bidder. Ms. Harris said the staff would qualify the bidders. Council Member Stone said she likes that companies would be held accountable. Council Member Portugal expressed appreciation to staff on their work on this policy. Regular Council Meeting December 14, 2020 Page 8 A Motion to approve this item was made by Mayor Clifford and seconded by Council Member Portugal. Motion carried, 6 ayes — 0 nays. 26. Discuss and act on ORDINANCE NO. 2020-064: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ISSUING A LICENSE TO DAVID THOMPSON D/B/A LONE STAR CAB COMPANY TO OPERATE A VEHICLE FOR HIRE BUSINESS 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 Clerk Janice Ellis explained that items 26 and 27 were for vehicle for hire licenses. She said that Mr. Thompson had been operating his business for years and that Ms. Moore had recently been licensed. She said staff had received all required paperwork and asked that Council approve each of the ordinances. A Motion to approve this item was made by Council Member Pilgrim and seconded by Mayor Clifford. Motion carried, 6 ayes — 0 nays. 27. Discuss and act on ORDINANCE NO. 2020-065: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ISSUING A LICENSE TO SHATARA MOORE FOR STOP N DROP TRANSPORTATION, LLC 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. A Motion to approve this item was made by Council Member Knox and seconded by Council Member Pilgrim. Motion carried, 6 ayes — 0 nays. 28. Discuss and act on RESOLUTION NO. 2020-053: A RESOLUTION FORGIVING A DANGEROUS STRUCTURE ABATEMENT LIEN ASSESSED AGAINST THE PROPERTY LOCATED AT 339 W. KAUFMAN; FINDING A PUBLIC PURPOSE IN SUPPORT OF SAME; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Path explained that on November 25, 2014, a lien was placed against the property located at 339 W. Kaufinan for demolition and cleanup of a dangerous structure that occurred on September 1, 2014, at the expense of the City. He said the owner then sold the property to Mr. David Alarid in 2016, but this lien was not addressed at that time. Mr. Path said that Mr. Alarid has restored the existing church structure on the adjoining lot and installed a parking lot on the 339 W. Kaufman, adding to the historic character of the City and increasing the taxable value of both properties. He said that Mr. Alarid had asked that the City forgive the lien and interest accrued on the property. Mr. Path also said that a structure lien could only be satisfied by either Regular Council Meeting December 14, 2020 Page 9 payment in full or forgiven by action of the City Council. Mr. Path also said that staff believes there to be a public purpose in support of forgiving this lien. Mayor Clifford confirmed with Mr. Path that the lien occurred prior to Mr. Alarid owning the property. A Motion to approve this item was made by Mayor Clifford and seconded by Council Member Knox. Motion carried, 6 ayes — 0 nays. 29. Convene into executive session pursuant to: A. 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 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: First National Bank Building and associated properties. B. 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: Ruling on Public Information Request. 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: six month performance evaluation of city manager. Mayor Clifford convened City Council into executive session at 6:36 p.m. 30. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Clifford reconvened City Council into open session at 9:16 p.m. He said the Council gave the routine six month evaluation of the City Manager. Mayor Clifford said they discussed with Mr. Alarid the First National Bank Building and other properties, and gave direction to staff to pursue negotiations for an economic development agreement with Mr. Alarid. Mayor Clifford said they had discussion about a public information request. In the interest of complete government transparency, Mayor Clifford made a Motion to authorize and direct the release of all e-mails responsive to a public information request made by William Regular Council Meeting December 14, 2020 Page 10 Heuberger on August 20, 2020 and modified by him on September 3, 2020. Motion was seconded by Council Member Pilgrim. Motion failed, 3 ayes — 3 nays, with Council Members Stone, Hughes and Portugal casting the dissenting votes. 31. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. No future events were referenced. 32. Adjournment. There being no further business, a Motion to adjourn was made by Mayor Clifford and was seconded by Council Member Portugal. Motion carried, 6 ayes 0 nays. The meeting was adjourned at 9:17 p.m. ITy O � ® s STEV N CLIFu C , M.D., MAYOR ",NICE ELLIS,