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02-27-2023MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS February 27, 2023 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, February 27, 2023, 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; 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; and Clyde Crews, Fire Marshal Opening Aizenda Prior to calling the meeting to order, Mayor Portugal announced that the Government Finance Officers Association of the United States and Canada had awarded the Certificate of Achievement for Excellence Financial Reporting to the City of Paris for its annual comprehensive financial report for the fiscal year ended September 30, 2021. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. Mayor Portugal, Mayor Pro -Tem Hughes, and City Manager Grayson Path presented the award to Finance Director, Gene Anderson 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. William Gates, Jr. and wife Sandy — he said he and his wife purchased a home on 2111 Street. He said their concern was while driving around the city, they noticed the sanitation problem and they had not experienced that in Whitesboro, Texas. He said they noticed there was Regular Council Meeting February 27, 2023 Page 2 no orderly manner, no trash cans and trash just sitting out unsightly and animals were getting into it. He also said his wife picked up litter up and down the side of the street two or three times a week. John Fuston, 4010 Miranda Drive — he said he wasn't really against privatization but concerned if that occurs what will happen to the City's equipment. He questioned what would happen if privatized and after the contract ends and they find out it wasn't such a good deal that the City would not be able to afford to purchase equipment. Deborah Garrett — 6220 FM 905 — she said she was speaking about the Lamar County Humane Association. She said she understood it was run by volunteers, and knew there was a lack of money. She said there was a big problem with Distemper in all of Texas, but there's got to be something done to protect the animals and the people that adopt them that love them, love them real fast. Pete Dalrymple, 620 SE 39a' Street — he said he had worked in the medical field for quite a few years, and quite truthfully every time they privatized anything, whether it was surgical greens, or instruments or anything else, it was screwed up. He said when the hospital took care of it, they always knew they were going to get what they had. Once you start outsourcing, everybody I know of that has privatized trash pickup and stuff, their bills always change, and they're going to do this, or they couldn't come on Thursday. He said we had a very good system here, and we like the people that work. He said they need to think about it, like he said about the vehicles, you've got them. Larry Schenk, 3765 Dawn Drive — he said he spoke to them at the last meeting they discussed this issue of trash privatization. He said he was concerned because he knew the community didn't want it last time, and for good reasons. He said he was concerned about a long-term contract, and you lose your authority over taking care of the rates. You lose your authority over regulating that activity. He said he was just concerned in general about the concept of privatization. He said the City Manager made a very interesting comment, "first of all since the rate adjustment has not been made in over a decade", well maybe it's time. He said he would prefer to have a rate adjustment than to have a private hauler. Secondly, "since these changes we have stabilized our operation." He said he thought it was good news that you were looking for when you went from two to one pick up a week, so the operation is stabilized which was part of the justification. He said he really would like to know why we want to do it, that he stayed for the full meeting last time and he still did not know. Finally, I would make a suggestion. He said he was concerned about the $40,000.00, because they need police officers and that is where he would rather see it go. He said if they were going to do this, that they just needed to do commercial and see if that works before they sell the equipment and let the employees go. He said they could not go back, and he had been down that road with other cities. Judith Malone, 1975 E. Cherry Street — she spoke about drainage in the northeast part of the City and how the addition of concrete and the tearing down of trees due to the new development is making the drainage problem worse. Don Walker, 340 CR 32050 Brookston, Texas - he spoke about non-profit organizations and how difficult they were to maintain. Regular Council Meeting February 27, 2023 Page 3 Edwin Pickle, 220 Johnson Woods Drive - he thanked the Council and the City for their participation in the E -Cycle this past weekend. He stated that it was very successful and that 900 trees were given away in an hour and a half, and that several computers and monitors had been brought in. Mr. Pickle also spoke about the privatization of trash. He stated that the last time privatization was up for a vote, he was one of the driving forces. He urged the Council to look into commercial privatization. Lastly, Mr. Pickle spoke about the drainage issue on Lamar Avenue, and how even though his business has never been flooded, he fears that the time may come when it does. Betty Vandiver, 2720 Culbertson - she stated that she bought her home back in 1976, and she retired in 2015. Since then retirement had not been easy on her, as her house flooded in April and May of 2016, August of 2017, June of 2018 and again in April of 2022. She said that due to the constant flooding, she is unable to have her house fully repaired and is forced to live with concrete floors. She stated that she has also lost her fence due to the flooding and said she should not have to live this way. Dean Emmitt, 1025 13a' SE Street - he stated that he moved here from Garland back in September and he was concerned about the letter he got regarding the re -zoning of lots in his neighborhood. He stated that he was opposed to the re -zoning because he did not want more noise, mud, and trash in the neighborhood, as the drainage in that area was not the best either. He also brought up some concerns with Code Enforcement. Brandon Deltoro, 2333 Lamar Avenue — he spoke about the drainage in front of his business. He stated that his office flooded in April and May of 2016, and May of 2022. He said he was concerned that the problem is not being addressed and the increasing amount of development in the area will only make things worse. Alvin Atwood, 2419 Bonham Street — he stated that he initially wanted to speak to the Council about a subject that he would have to delay for now, but went on to say that he brought his daughter to the meeting to teach her about government. He went on to say that while listening to the other citizen's speak, he knows there is a lot going on in the City but pleaded the Council not to raise the tax rate too high and to consider inflation for the lower income families. Ray Pierce, 405 NE 20'h Street — he started by apologizing to Mr. Mack and the Zoning Commission regarding the concerns he raised at the February 6a' Planning and Zoning meeting. He said if his remarks seemed adverse or as if a personal attack was being made, that was not his intent. He went on to speak about the drainage issue and urged Council to do something. Joyce Rivard, 1843 Pine Bluff Street, he spoke about the drainage and flooding issue and how the alley behind her house was grown up with tall grass and it floods sometimes. She stated that she was not against development, but does not want her house to be flooded because of it. Regular Council Meeting February 27, 2023 Page 4 Consent Agenda Mayor Portugal inquired of Council Members if they wished to pull any items from the consent agenda for discussion. Council Member Pankaj asked if in the future if the Council could get the drainage report broken down by District and Mr. Path answered in the affirmative. A Motion to approve the consent agenda was made by Council Member Pankaj and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. 5. Approve minutes from the meeting of February 13, 2023. 6. Receive reports and/or minutes from the following boards and commissions: a. Main Street Advisory Board (1-10-2023) b. Airport Advisory Board (11-17-2022) c. Building & Standards Commission (1-23-2023) d. Housing Authority of Paris (1-17-2023) 7. Receive the January monthly financial report. 8. Receive January drainage report. 9. Receive demolition and code enforcement activity reports. 10. Approve a contract in the amount of $72,225.00 to Adams Lawn Service to mow 89.39 acres, and award a contract in the amount of $14,060.00 to Green's Lawn Service to mow 12.02 acres. 11. Award the bid to Liberty National Bank to serve as the City's depository beginning March 1, 2023 and ending February 28, 2025. 12. Approve RESOLUTION NO. 2023-015: A RESOLUTION OF THE CITY COUNCIL OF PARIS, TEXAS, AUTHORIZING THE SUBMISSION OF A 2023/2024 TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF AGRICULTURE FOR THE COMMUNITY DEVELOPMENT FUND. 13. Approve RESOLUTION NO. 2023-016: A RESOLUTION OF THE CITY COUNCIL OF PARIS, TEXAS, AUTHORIZING CITY REPRESENTATIVES IN MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Regular Agenda 14. Discuss, conduct a public hearing and act on ORDINANCE NO. 2023-005: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND ADOPTING REVISIONS TO THE FUTURE LAND USE MAP Regular Council Meeting February 27, 2023 Page 5 FOR THE CITY OF PARIS AS IT PERTAINS TO BLOCK A, LOT 1 AND LOT 22, JEFFERSON HEIGHTS ADDITION, LOCATED IN THE 3800 BLOCK OF S.E. LOOP 286 AND PART OF 3755 JEFFERSON ROAD (0.202 ACRE, LCAD 12434 AND 22151), IN JEFFERSON HEIGHTS FROM LOW DENSITY RESIDENTIAL (LDR) TO COMMERCIAL (C); 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 purchaser requested an amendment to re -guide the land from a retail land use to a commercial land use. He said that Mr. Stephens and his son were aware of the additional measures that were required to adequately screen and buffer the differing adjoining land use for any future development and use of the land. Mr. Mack said that the Planning and Zoning Commission and staff recommended approval. 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. Council Member Savage inquired if there was a church on the property. Mr. Mack answered in the affirmative. Council Member Savage also inquired about the input received at P&Z. Mr. Mack said one person opposed in writing, citing it should not be commercial. A Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Pankaj. Motion carried, 7 ayes — 0 nays. 15. Discuss, conduct a public hearing and act on ORDINANCE NO. 2023-006: 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 CHANGE THE ZONING FROM A ONE - FAMILY DWELLING DISTRICT NO. 2 (SF -2) TO A COMMERCIAL DISTRICT (C) FOR BLOCK A, PART OF LOT 1, JEFFERSON HEIGHTS ADDITION (0.202 ACRE, LCAD 12434), LOCATED AT 3755 JEFFERSON ROAD IN THE CITY OF PARIS, TEXAS; 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 he would cover items 15 and 16 together. He said a contractor business planned to use the building and large barn structure to the rear of the accessory building that was already on the property. He also said a separate entrance from Old Jefferson Highway was available and would need to be improved on the commercially zoned property and screened from the adjacent residence. Mr. Mack said access was also from a paved roadway, and the driveway would need to be paved to the business parking area. Mr. Mack said the proposed commercial use of the property would serve as an appropriate transitional land use between more intensive highway commercial future development to the north and single-family Regular Council Meeting February 27, 2023 Page 6 areas to the south. Mr. Mack said that the Planning and Zoning Commission and staff recommended approval. 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. Mayor Portugal asked for a short list of the types of commercial businesses allowed. Mr. Mack said it was slightly more intense than industrial. A Motion to approve this item was made by Council Member Pankaj and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. 16. Discuss, conduct a public hearing and act on ORDINANCE NO. 2023-007: 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 CHANGE THE ZONING FROM A GENERAL RETAIL DISTRICT (GR) TO A COMMERCIAL DISTRICT (C) FOR BLOCK A, LOT 22, JEFFERSON HEIGHTS ADDITION, LOCATED IN THE 3800 BLOCK OF S.E. LOOP 286 (LCAD 22151) IN THE CITY OF PARIS, TEXAS; 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 he covered this item with the last item. Mayor Portugal opened the public hearing and asked for anyone wishing to speak about this item to please come forward. Judith Malone, 1975 E. Cherry, she expressed concern with all of the new development and drainage. She questioned if the engineering department was evaluating neighboring properties for generation of run-off, drainage areas and wanted to know if retention of water was required. With no one else speaking, Mayor Portugal closed the public hearing. Mr. Mack explained that when the City deals with plats and plans, they were required by ordinance to address these types of items. Council Member Savage inquired of City Attorney Stephanie Harris if they were prohibited in giving examples of commercial businesses allowed on the property and Ms. Harris said no. Council Member Savage inquired about the examples of businesses that would be allowed. Mr. Mack said businesses such as a gas station, contractor's shop and automotive dealer. Council Member Savage asked what was going to go on this property. Mr. Mack said storage of large equipment. Council Member Savage said he did not want to increase traffic in that area and referenced impact of safety on lives. Mr. Mack said they anticipated low traffic. He also said that TxDOT was addressing a frontage road in future plans. A Motion to approve this item was made by Council Member Pankaj and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. Regular Council Meeting February 27, 2023 Page 7 17. Discuss, conduct a public hearing and act on ORDINANCE NO. 2023-008: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND ADOPTING REVISIONS TO THE COMPREHENSIVE PLAN AND THE FUTURE LAND USE MAP FOR THE CITY OF PARIS AS IT PERTAINS TO THE PJ WILLIS AND BROS. ADDITION, BLOCK A, LOTS 6 AND 7B, LOCATED AT 1307 E. POLK STREET (LCAD 20734) 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, AND PROVIDING AN EFFECTIVE DATE. Planning Director Andrew Mack explained the applicant requested the zoning change to allow for a medium-high density residential use of the property. He said it was appropriate for medium density residential based upon the surrounding uses of land to the West, which were duplex apartments. He also said that the development was planned as a 5 -In -5 Infill Housing Improvement. He said no inputs were received. Mr. Mack said that the Planning and Zoning Commission and staff recommended approval. Mayor Portugal opened the public hearing and asked for anyone wishing to speak about this item to please come forward. Dean Emmit said he wasn't opposed but did not know what was going to be built there. He said his hunch was it was going to be apartments which would be a lot more traffic and there was a park across the street. He said that water would drain to Cedar, and his yard was already a muddy mess. He said he really did not want this to go through because of the park, Paris Living Authority was there and there were houses along the street. Judith Malone said she had some experience with Pope Street because her grandma's house was west of there, close to 8th Street, so at 12th Street, four blocks from 8a' Street. She said there was a drainage ditch what went past her grandma's house and flooded her grandpa's garage continuously and when they died, the house was torn down and nothing could be built there because there was so much water drainage. Ms. Malone said she would like to encourage the engineering department to consider the way the water drains on Polk Street and other streets. She said 12a' Street was higher and everything west was going to receive a lot of water. She also said where her grandma's house was would be a perfect pond retention area. She said they had all of the paperwork on the elevation in Paris and Paris was suppose to be 600 feet above sea level but there were fewer places than on her hand that were above sea level. Dr. Brandon Del Toro referenced the drainage map in his hand and said it reflected the different tributaries and pointed on his map to an area that ran over 12a' and Polk Streets, citing it was a high water flow area. He said we need to know what we are approving and what the plan was from start to finish. He said a retention pond was a great idea. Dr. Del Toro questioned how was this going to be controlled and what the ordinances addressed, what was required for retention on the site. He said if ordinances existed, he would like to get a copy. He also said everything north of him came right up to his back door every time there was a lot of rain. He wanted to know if ordinances were followed and if there was follow-up. Ray Pierce, 405-N.E. 20a', he said he was not opposed of responsible development but did oppose any items on the agenda that reflected past zoning development that was approved and exasperated Regular Council Meeting February 27, 2023 Page 8 flooding. He said responsible development means posting a demolition permit, application for Texas Heritage Tree Act and providing plans. With no one else speaking, Mayor Portugal closed the public hearing. Council Member Knox expressed concern about more two story metal duplexes being built and not fitting into the neighborhood. She said she did not want to see this when everything was single structures and nicely landscaped. Mr. Mack said medium density would allow for tri- plexes up to four dwelling units. Council Member Pilgrim said that duplexes existed across street. Mr. Mack said the developer was interested in building duplexes. Council Member Knox wanted to know how many he was planning to build. Mr. Mack said he believed up to three duplexes. Council Member Savage inquired if the property was zoned low density if they could not build duplexes. Mr. Mack said no, they could not build more than one duplex. Council Member Knox said there were duplexes to the west, they were placed well and did not look like big huge apartment complexes, had landscaping, and it was hard to tell they were a bunch of duplexes. She said her hope for the 5 -In -5 Program was that new construction would look like these, where they blend well into the neighborhood and were landscaped. Council Member Knox said if she was not mistaken, they made landscaping a part of the ordinance. City Manager Grayson Path said they could revisit the 5 -In -5 landscaping because he did not recall. Mr. Mack said as part of the process, they would go through platting, conduct an on-site analysis, and look at drainage during the development phase. He said landscaping for residential dwellings was not in the ordinance. Council Member Pankaj said when he was on P&Z as part of training, they received a guide to help them. He asked if the staff still did that, and if they could share that with the Council. Mr. Path said they could and asked Council Member Pankaj to share with him what he had received so that they could compare it to what staff currently uses. Council Member Pankaj said he would bring it by Mr. Path's office. A Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Moore. Motion carried, 7 ayes — 0 nays. 18. Discuss, conduct a public hearing, and act on ORDINANCE NO. 2023-009: 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 CHANGE THE ZONING FROM A TWO- FAMILY DWELLING DISTRICT (2F) TO A MULTIPLE -FAMILY DWELLING DISTRICT NO. 1 (MF -1) IN THE PJ WILLIS AND BROS. ADDITION, BLOCK A, LOTS 6 AND 7B, LOCATED AT 1307 E. POLK STREET (LCAD 20734) IN THE CITY OF PARIS, TEXAS; 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 was the follow-up to the previous item. He said the applicant planned to develop the site for three duplex apartments. He said the Planning and Zoning Commission recommended approval, as did staff. Regular Council Meeting February 27, 2023 Page 9 Mayor Portugal opened the public hearing and asked for anyone wishing to speak about this item to please come forward. Ray Pearce, he said the zoning was one of the aspects and that it opens flood gates to multiple different scenarios to occur after the fact. He said it would help if they could make an ordinance that goes along with each zoning. He also said the State of Texas would enforce the Texas Heritage Tree Act. He said the Attorney General's office would represent citizens if the City property floods citizen's property. Mr. Pearce said Mr. Path was right in that the zoning needed to be cleaned up. Dr. Brandon Del Toro said he again opposed the zoning change and his concern again was drainage. He said P&Z recommended approval of this but questioned why. He asked if the zoning recommendation came with a list as to why they recommended approval. With no one else speaking, Mayor Portugal closed the public hearing. Council Member Savage inquired if staff had looked at everything with regard to this property and drainage. Mr. Mack answered in the affirmative and said at appropriate stages they required certain items. City Manager Grayson Path said staff had established processes and invited anyone who wanted to see those processes to get with Assistant City Manager Rob Vine after the meeting. He said staff could walk anyone through the various processes who were interested in learning. A Motion to approve this item was made by Mayor Pro -Tem Hughes and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. 19. Discuss, conduct a public hearing and act on ORDINANCE NO. 2023-010: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND ADOPTING REVISIONS TO THE COMPREHENSIVE PLAN AND FUTURE LAND USE MAP FOR THE CITY OF PARIS AS IT PERTAINS TO CITY BLOCK 258-A, LOT 2A, LOCATED AT 410 N.E. 20TH STREET (LOAD 18256) FROM LOW DENSITY RESIDENTIAL (LDR) TO MEDIUM DENSITY RESIDENTIAL (MDR), IN THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Mack said the applicant was seeking an amendment to provide for a medium-high density residential use of the property. Mr. Mack also said the ability to provide for more medium-high density housing in this portion of the City was a very important accommodation to achieve the goal of more decent, safe and affordable housing opportunities in the community. He said the applicant's plans were to construct eight duplexes. He also said Planning and Zoning received concerns about the storm water area and the City Manager and the City Engineer took those comments seriously. He said the City Engineer was studying areas beyond the subject project. He also said this was a major intersection, a TxDOT roadway. Mr. Mack said Cherry Street was a collector street that carries a substantial amount of traffic and that from a development standpoint, this was good planning because they had the ability to accommodate traffic. He said the Planning and Zoning Commission and staff recommended approval. Mayor Portugal opened the public hearing and asked for anyone wishing to speak about this item to please come forward. City Manager Grayson Path said given there was considerable testimony, staff wanted everyone to know the City heard their concerns about Tributary 4. Mr. Regular Council Meeting February 27, 2023 Page 10 Path said he had tasked the new City Engineer Todd Mittge review of the 2016 flood event, how it impacted this area, and review of the Fendley Report so he could brief staff about what was done, what was not done, and what things they could to with regard to detention. Mr. Path said staff was working diligently to try to understand drainage in the area. Mr. Path encouraged everyone who had concerns about drainage to see Mr. Vine after the meeting. He said the City's ordinance was going to address drainage when the plat process comes, and that staff was looking at the tributary as a whole. He also said the staffs goal was to meter and manage the water and drainage instead of it dumping on other property, and to to see that it works itself to retention. Linda Vandiver, 540 N.E. 21St Street, she said she understood that the duplexes were going to face 21St Street and some would face 201h Street. She said the ditch across from 21St Street was only five or six inches deep and wide enough that it was used for a driveway. Ms. Vandiver reported that her sunroom had been flooded numerous times. She said her biggest concern was traffic because at the end of their street was a cul-de-sac. She also said there was only one way in and one way out, that it was a typically narrow street, and could not handle that kind of traffic. She said she wanted to issue her opposition and asked that the City Council heavily think about this. Judith Malone said she was Linda Vandiver's neighbor. She said 2111 Street was a very unusual street because it comes off 201 then turns into a short piece named Kyle then turns into 21" Street, which runs into Cherry Street. She also said on that side there were of a multitude of dwellings that were single family with one triplex and the triplex had a place for five cars in the little cul-de-sac. Ms. Malone said there were nineteen entries on that street and all that water goes down to Cherry Street. Ms. Malone said the piece of property they were talking about with six or eight duplexes there would be many more driveways. She said all of the trees that blocked the water from coming in at the end had been cut down. She also said they took on water from Tudor to Cherry Street and from Pine Bluff to Cherry Street. She said Cherry Street takes it to the ditch that goes through the woods and to Wade Park, and that ditch was not paved and was full of concrete and trash. She said the point was that a lot of property had been developed on 201h Street. She referenced the Buttercreek Moratorium when SE Paris was being flooded but the moratorium did not last long. After that, she said three apartment complexes were constructed on Booth Street then across the street two more were constructed on 20th Street between Booth and Tudor, and now three huge duplexes had been constructed and each driveway had room for four cars. She referenced the property behind Mr. Grebb's property, the old nursing home, which water comes off from apartments. She said a few days ago there were nineteen cars parked where the single apartments are now. She said they take traffic from 195 that runs into 201 Street and the traffic will be a big problem. She also said she knows the man that is going to develop the property and it will improve the look of the neighborhood with brand new duplexes. She said they should not make it the developer's problem to solve the water problem just because he is the last one. She said it was important that they preserve the City as its existed while welcoming improvement such as demolishing the little falling down cottages. Ms. Malone suggestion they put an item on the agenda about the drainage or that they meet with the very cooperative City Manager to figure out where to put retention. Mayor Portugal said a meeting with city staff had been offered to her and she would appreciate that Ms. Malone would take advantage of it. Dr. Brandon Del Toro said he opposed this change for the same reasons previously stated. Specifically, he said this water comes behind his back door and goes down to Ms. Vandiver's. Tim Risinger said he was the owner of the property and they were in the platting process to see what they could do. He said their plan was to build beautiful brick duplexes that face 21St and 201 Street and they were looking at it from the standpoint of rear Regular Council Meeting February 27, 2023 Page 11 parking on E. Cherry with the exception of one property. He also said they were going to plant trees in the front and back, as well as landscape the properties. Mr. Risinger said he had been watching this property for a year and when it gets saturated, the water runs down the center, crosses 21s' Street, drops off and heads to Lamar. He referenced a man at the meeting whose business floods when it rains and said this property was six ballfields away from that property. Mr. Risinger said this property was not the problem for all flooding on Lamar Avenue. He also said they were going to enhance this property. With no one else speaking, Mayor Portugal closed the public hearing. Council Member Pilgrim asked Mr. Mack to pull up City base map and the flood plain. Council Member Pilgrim said he had a little background in land and explained he was a realtor, a real estate accredited consultant, real estate broker, and worked in Texas, Oklahoma, Arkansas and Colorado. He referenced the map and pointed to the blue area and went on to say if you buy property in the blue area there was a large chance that you could have water in your structure if you do not build above the flood plain. He asked Mr. Mack if he wanted to build in the flood plain what would he need to do. Mr. Mack said the City participated in the National Flood Insurance Program and in order to participate in the program, the areas had to be mapped and the City had to cooperate with the Federal Government through FEMA, and the City had Ordinances that covered that. Mr. Mack said you would have to build two feet or higher above the flood plain. Council Member Pilgrim said the structures that had been discussed today. He said he knew for a fact they were not built twenty-four inches above the flood plain, He further said this was also a waterway, a tributary to Big Sandy Creek and confirmed this with Mr. Mack. Council Member Pilgrim said years ago the Corp of Engineers allowed them to put in a concrete bottom to speed flow of water away from some of these areas. He said you can slow water and manage water and that was with a retention pond behind it. He said every time a multi -family dwelling was constructed they had an ordinance that addresses that. He said his house was in a flood plain and was built two feet above the flood plain. He said you could put a certain amount of concrete in an area without having an adverse effect on your neighbor with a hydro. He said hydros have to be done. Council Member Pilgrim said he doesn't like it but as a real estate professional guide people through the process all the time. He said if you are in the 100 -year flood plain, every time it rains, you have a 1% chance of getting water in your structure and if you were in a 500 - year flood plain, you have a.2% chance. Council Member Pilgrim emphasized if you build in a waterway, which is where water flows through, you are going to get water in your structure. He said the building on the corner of Lamar was in the waterway. He said it was going to be a constant struggle no matter how many structures you build or how much green space there is because they had the tributary that had been there since the beginning of time. He said the only way to change that was to move the tributary to the east or west because it could not be moved to the south or north because those are breaks. Council Member Pilgrim said Mr. Risinger was trying to build a structure and he thought there was a lot of misinformation with a lot of folks going around. He said he understood the concern but there had already been a structure, and there was going to be another structure, and maybe more land out but the engineer will do hydros. He reminded everyone of the basic principal and that was water flows downhill and would continue to do that. Council Member Pilgrim pointed out that Johnson Woods was a prime example and they had rebuilt that creek numerous times even more recently as a couple of years ago. He said if you live in the flood plain against that creek, there was a good chance you were going to have water in your house. In order to prevent this, he said you should hire a Regular Council Meeting February 27, 2023 Page 12 professional before you buy real estate, just as if you hire a mechanic to fix your car. Council Member Pilgrim said some of these places should not have been developed and said from 1955- 1971, the flood plain maps were probably not looked at or thought about. He emphasized if your property was in the blue it was going to flood. Council Member Pilgrim said he was in favor of Mr. Risinger developing his property. He also said it looked like downstream some good decisions were probably not made. Council Member Pankaj said he had a similar problem with the hotel his family was building and they had to go through hoops to get the property where it is today, thanks to City Staff, City Council and the Planning & Zoning Commission. Mayor Portugal reiterated that staff was working on this. A Motion to approve this item was made by Council Member Pankaj and seconded by Council Members Pilgrim and Knox. Motion carried, 7 ayes — 0 nays. 20. Discuss, conduct a public hearing and act on ORDINANCE NO. 2023-011: 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 CHANGE THE 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 258-A, LOT 2A, LOCATED AT 410 N.E. 20TH STREET (LCAD 18256); 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 the applicant's plans were to develop the site for duplex apartments and planned to enter the 5 -In -5 Infill Housing Program. He said he looked forward in ways to improve draining with developing this project. He also said that the Planning and Zoning Commission and staff recommended approval. Mayor Portugal opened the public hearing and asked for anyone wishing to speak about this item to please come forward. Linda Vandiver said she objected to this and primarily because of parking and traffic. She said if Mr. Risinger was going to park in the back of duplexes that she could see it would be another major problem. She also said visitors were going to park on the side of 21St Street. She said East Cherry Street was a major thoroughfare between 20' and Collegiate Streets. Ray Pierce said after hearing discussion, he welcomed and approved the development in question. He said he thought together with all the different skill sets, they could work it out. He also said they had to find a way to responsibly develop and he thought they were on the right path. Dr. Brandon Del Toro said he was still opposed for all the same reasons. He also said adding any amount of concrete would definitely increase flow into the tributaries. Judith Malone said she wanted what was best for the neighborhood and if Mr. Risinger was going to put the driveway down the middle of the property, that one or two detention ponds between the ditch and Wade Park would take care of the problem. 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, 7 ayes — 0 nays. Regular Council Meeting February 27, 2023 Page 13 21. Discuss and act on the appointment of a City Council liaison to serve on the Paris Development Code Planning & Zoning Sub -Committee. Mr. Mack said at its February 6 meeting, the Planning & Zoning Commission discussed and formed a sub -committee consisting of two members to undertake a process to consolidate the Zoning and Subdivision Ordinances and other development design standards into a unified development code known to be the Paris Development Code. He said the first organizing meeting was scheduled for Thursday, March 2, at 5:30 p.m. He said it was recommended that two or three Council Members serve on the sub -committee. Mayor Portugal asked Council if anyone wished to volunteer. Mayor Pro -Tem Hughes, Council Member Pankaj and Council Member Pilgrim volunteered to serve on the sub- committee. A Motion to appoint Mayor Pro -Tem Hughes, Council Member Pankaj and Council Member Pilgrim to the sub -committee was made by Council Member Savage and seconded by Council Member Knox. Motion carried, 7 ayes — 0 nays. 22. Receive the Paris Economic Development Corporation 2022 Annual Report. Paris Economic Development Director Maureen Hammond presented to the City Council the 2022 Annual Report. Ms. Hammond outlined the 2022 Highlights and Impact, Land Committee works, Marketing Committee works, and Policy Review Committee works. Next, she covered business attraction projects, business retention and expansion, the job fair, job impacts, economic trends, revenue trend, statistics of the total job growth over a five-year period, average wages for 2010-2022, positive economic date and 2023 priorities. 23. Discuss and take possible action regarding a proposal to enter into a contract with Solid Waste Specialists to prepare an RFP for outsourcing the collection of residential and commercial garbage; and authorize the city Manager to execute all necessary documents. City Manager Grayson Path said at the May 23, 2022 City Council meeting, the City Council heard a situational update on the status of the City's Solid Waste Sanitation Department. He said at that time, the City was struggling to staff its department and had to pull employees from streets, traffic, parks and CIP daily to maintain a twice -per -week pickup schedule. Mr. Path said at that time, this had been going on for a year and had become unsustainable. He said staff requested that they be permitted to go to a once -a -week pickup schedule and City Council authorized the reduction. Mr. Path explained this change cut the staffing needs in half, and was a number better manageable in the sanitation department. Mr. Path said it was determined that a pay increase was also needed in order to attract and keep staffing, and he administratively instituted that change on July 14, 2022. He said that had helped tremendously but they were getting ready to go into the hot months of the year and that was challenging. Mr. Path said at the May 23rd meeting, City Council asked staff to look at outsourcing the service and gather information. He reported that over the last several months, staff had researched this and presented their findings to Council on November 14th, which led to a presentation on January 23, 2023, by Regular Council Meeting February 27, 2023 Page 14 Lyn Lantrip of Solid Waste Specialists (SWS), a company who provides RFP services. Mr. Path said the City Council asked that a contract be brought back with SWS to help the City with RFP services for possibly outsourcing this service and referenced the contract before them. He said it included residential and commercial as recommended by Mr. Lantrip. Mr. Path explained if they hired SWS, this would be a six to ten month process, which included data collection and a RFP kick-off workshop. If Council decides to proceed with moving forward, Mr. Path recommended two or three council members participate in the kick-off at which time they would decide if they wanted one or more pick-ups a week and the types of trash containers. Mr. Path explained once the Committee made the decisions, they would provide information to Mr. Lantrip so that he could develop the contract and RFP. He said Council would review it prior to issuing the RFP to make sure it is what they wanted to include. Mr. Path said the next step would be to issue RFPs, receive them, and do a presentation to Council. Mr. Path said one of the items discussed was if they decide to proceed with commercial was how to address that with the current vendor. He said there were several ways to do that and one was a good lengthy notice. He said they had asked at the last meeting at what point they could stop the process and Mr. Path explained they could do so even up to the point of reviewing bids. He said his best advice was provide a good faith process so if they sent out bids they should only reject bids for not hitting the amount of points or too high in price. He also said if Council had any concern about outsourcing sanitation, they should table the item tonight. He said if Council still wants to proceed, the contract was ready to go and that the contract states that if the City awards a bid the winning company would reimburse the City for consultation services in the amount of $39,940.00. Mr. Path said if the City outsources the sanitation department, the City's revenue and expense for that department would cease. Mr. Path explained it was in the contract to address the City employees, giving them the option to go with the contractor or they could stay with the City by transferring to a different job. Mr. Path said the City had not increased rates in ten plus years and was getting ready to transfer $210,000.00 to the General Fund to support maintenance of trash trucks. Mr. Path said they were looking at franchise fees for use of the roadways but did not have details at the current time. He said the options tonight were to approve an agreement with Solid Waste Specialists for consultation services in the preparation, issuing, and reviewing of request for proposals for outsourcing the City's solid waste sanitation service, reject the agreement and /or request additional information and table the item to consider this project further a future time. Mr. Path encouraged City Council if they moved forward with the contract, that they exercise good faith when accepting bids. Council Member Pankaj questioned if commercial would end up subsidizing residential if they did both. He inquired if it was possible to just look at residential. Council Member Pilgrim said when Mr. Lantrip presented to them, he point blank said if they did only residential they would only get one bid and that would be from the local company because there was no money in transporting. Council Member Pilgrim said commercial was the higher margin. He also said a private company was going to buy new equipment every five years where they City might replace theirs every ten years. Council Member Pilgrim said the committee would go through everything, such as dumpster and trash cans, and make a recommendation to the City Council. He also said the City allows 40 -hour work weeks and private companies may work fifty-five Regular Council Meeting February 27, 2023 Page 15 hours because that was their business, they paid more than the City and it was difficult for the City to try compete with all of that. He said the City's rates would have to go up substantially to compete with that. He also said the City could hire a service who could do it better, more efficient, and with better equipment. Council Member Pilgrim said he was in favor of proceeding with this. Mayor Portugal said another important cost savings would be not having to pay employee benefits and paying into the retirement. Mr. Path said the plan was to keep employees who wanted to transfer but there would be a reduction should staff decide to go with the company. Mayor Portugal said maybe the City could get the other departments fully staffed should some of the employees decide to stay with the City. Council Member Pilgrim inquired of the number of vacancies in sanitation. Public Works Director Michael Smith said they were twenty employees down. Mayor Portugal commended Mr. Path and Mr. Smith for picking up trash several times. Council Member Pankaj said seeing the equipment and trying to keep up with it, made him nervous. He inquired what would be done with the City's current assets. Finance Gene Anderson explained that the City uses an auction firm in the Dallas area, because they get more money than when using a local firm. He said each piece of equipment would bring a different price depending on the condition. Mayor Pro -Tem Hughes wanted to know where the funds go from the auction. Mr. Anderson said they normally go into the equipment replacement fund but it was not a large fund and they purchased smaller equipment they could afford. Mr. Path explained it was not enough money to replace the City's fleet but to do minor repairs. He said for instance, the City was working on the fire alarm at the Depot now and using some of those funds. A Motion to move forward with Solid Waste Specialists to prepare an RFP for outsourcing and collection residential and commercial garbage in the City of Paris was made by Council Member Pilgrim and seconded by Council Member Savage. Motion carried, 7 ayes — 0 nays. 24. Discuss and act on ORDINANCE NO. 2023-012: AN ORDINANCE OF THE CITY OF PARIS, TEXAS, DECLARING UNOPPOSED CANDIDATES IN CITY COUNCIL DISTRICTS 4 AND 5 FOR THE MAY 6, 2023 GENERAL ELECTION TO BE ELECTED TO OFFICE; DETERMINING THAT NO GENERAL ELECTION BE HELD IN DISTRICTS 4 AND 5; DIRECTING THAT A COPY OF THIS ORDINANCE BE POSTED AT APPROPRIATE POLLING PLACES; DIRECTING THAT A CERTIFICATE OF ELECTION BE ISSUED TO THE UNOPPOSED CANDIDATES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City Clerk Janice Ellis reported that Mihir Pankaj was an unopposed candidate in District 4 and Rebecca Norment was an unopposed candidate in District 5. She recommended approval of the Ordinance cancelling elections in those districts and declaring the unopposed candidates elected to office pursuant to the Election Code. Regular Council Meeting February 27, 2023 Page 16 A Motion to approve this item was made by Council Member Savage and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. 25. Discuss and act on ORDINANCE NO. 2023-013: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 6.02.004, "SENIORITY PAY," OF CHAPTER 6, "FIRE PREVENTION AND PROTECTION," OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Fire Chief Thomas McMonagle said while implementing the Comparable Pay Study in previous budget years, the City Council streamlined the seniority pay across all ranks with each rank having the same number of steps and each step being the same dollar amount. He also said Phase 1 of these steps was approved in the 2021-2022 Budget, with the second and final phase being approved in the 2022-2023 Budget. A Motion to approve this item was made by Council Member Pankaj and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. 26. Introduction of Kimmie Snowton, the City's new Community Outreach Coordinator for the Paris Police Department. Police Chief Richard Salter said in the last budget cycle staff requested and City Council approved a new position for the police department. He also said a job description was created for the outreach community coordinator, it was advertised, applicants were interviewed and they selected Mr. Kimmie Snowton. Following a description of the position and Mr. Snowton's background, Chief Salter introduced Mr. Snowton. 27. 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), as follows: • Project Red Maple • Project Clydesdale Mayor Portugal convened City Council into executive session at 8:32 p.m. 28. Reconvene into open session and possibly take action on matters discussed in executive session. Regular Council Meeting February 27, 2023 Page 17 Mayor Portugal reconvened City Council into open session at 9:15 p.m. As discussed in executive session, a Motion to approve the performance agreement with regard to Project Red Maple was made by Council Member Pilgrim and seconded by Mayor Pro -Tem Hughes. Motion carried, 7 ayes — 0 nays. 29. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Mayor Portugal requested an item on the next agenda to address a landscape ordinance as related to residential trees and grass. 30. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pankaj and seconded by Council Members Savage and Pilgrim. Mayor Portugal adjourned the meeting at 9:16 p.m. IHE�co' /,, Ty' . PAULA PORTUGAL, M OR __ cn CE ELLIS,