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11-13-2023MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS November 13, 2023 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, November 13, 2023, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Reginald B. Hughes Mayor Pro -Tem: Mihir Pankaj Council Members: Shatara Moore, Gary Savage, Rebecca Norment, and Rudy Kessel City Staff: Robert Vine; Deputy City Manager; Doug Harris, Assistant City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson; Finance Director; Randy Tuttle, Assistant Police Chief, Todd Mittge, City Engineer; Michael Smith, Public Works Director; and Clyde Crews, Fire Marshal Absent: Council Member: Clayton Pilgrim Opening Agenda 1. Call meeting to order. Mayor Hughes called the meeting to order at 5:30 p.m. 2. Invocation. Finance Director Gene Anderson gave the invocation. 3. United States Pledge of Allegiance & Texas Pledge of Allegiance. Mayor Pro -Tem Pankaj led the United States Pledge & Texas Pledge of Allegiance. 4. Citizens' Forum. Cynthia Rice Timms, Red River Valley Republic Women — she said the comptroller Glenn Hagee was coming to Paris on February I' and that Senator Bryan Hughes would be in Paris this Friday. She encouraged everyone to come to both events. Consent A Ienda Mayor Hughes 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 November 13, 2023 Page 2 made by Council Member Savage and seconded by Council Member Kessel. Motion carried, 6 ayes — 0 nays. 5. Approve minutes from the meeting of October 23, 2023. 6. Receive reports and/or minutes from the following boards and commissions: a. Paris Economic Development Corporation (9-14-2023) b. Building & Standards Commission (9-18-2023) c. Housing Authority of the City of Paris (9-19-2023) d. Paris Visitors & Convention Council (9-16-2023) e. Planning & Zoning Commission (10-2-2023) 7. Receive September monthly financial report. 8. Approve RESOLUTION NO. 2023-048: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CASTING THE CITY OF PARIS' 614 VOTES FOR BRYAN GLASS FOR A TERM OF TWO YEARS BEGINNING JANUARY 1, 2024 ON THE BOARD OF DIRECTORS OF THE LAMAR COUNTY APPRAISAL DISTRICT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 9. Approve RESOLUTION NO. 2023-049: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING THE 2023 LAMAR COUNTY MITIGATION PLAN; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 10. Receipt of an updated FY 22/23 Strategic Plan. 11. Approve the Renewal of the Lake Gibbons Pasture Lease with Briana Pridemore for a term of five (5) years in an annual amount of $24,755.00. 12. Approve the Final Plat of the Monica Addition, Lot 1, Block 1, LCAD 17458 and 17459, located in the 2400 Block of E. Price Street. 13. Approve the Final Plat of the Habitat 69-B Addition, Lot 1, Block A, LCAD 14651, located at 448 N.E. 10th Street. 14. Approve the Final Plat of the Habitat 161 Addition, Lot 1, Block A, LCAD 16659, located at 813 S.E. 5a' Street. 15. Approve a three-year agreement in the annual amount of $28,500.00 with Spear Tip's ShadowSpear Platform to provide services to the City for cybersecurity; and authorize the City Manager to execute all necessary documents. Regular Council Meeting November 13, 2023 Page 3 Rg ular A enda 16. Convene into executive session pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal advice from the City Attorney about (1) pending or contemplated litigation and/or (2) on matters in which the duty of an attorney to her client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with this chapter, to -wit: Oscar Renda Construction. Mayor Hughes convened City Council into executive session at 5:37 p.m. 17. Reconvene into open session and possibly take action on those matters discussed in executive session. Mayor Hughes reconvened City Council into open session at 6:07 p.m. and said there was no action to be taken. 18. Discuss, conduct a public hearing and act on an ORDINANCE NO. 2023-068: 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 222A, LOT PT OF 18, (LOAD 17458 AND 17459), LOCATED IN THE 2400 BLOCK OF E. PRICE STREET, FROM A ONE -FAMILY DWELLING DISTRICT NO. 2 (SF -2) TO A MULTIPLE -FAMILY DWELLING DISTRICT NO. 1 (MF -1); DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Community Development Coordinator Triniti Frazier explained the applicants were requesting this zoning change to allow for the construction of four new duplex structures on the lot. She said traffic should not be an issue at this location and there would be on-site parking. Ms. Frazier said the zoning change request complied with the recommendations in the comprehensive plan, that the Planning and Zoning Commission and staff recommended approval. Mayor Hughes opened the public hearing and asked for anyone wishing to speak in favor or opposition of this item to please come forward. With no one speaking, Mayor Hughes closed the public hearing. A Motion to approve this item was made by Council Member Savage and seconded by Council Members Norment and Kessel. Motion carried, 6 ayes — 0 nays. 19. Discuss, conduct a public hearing and act on ORDINANCE NO. 2023-069: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CITY ORDINANCE NO. 1315, SUBDIVISIONS REGULATIONS OF THE CITY OF PARIS, AS HERETOFORE AMENDED, REGARDING SUBMISSION Regular Council Meeting November 13, 2023 Page 4 OF PLATS; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. City Engineer Todd Mittge explained the needed amendments, such as review of Preliminary and Final Plats should be ten days prior to the meeting of the Planning Commission and that the current ordinance did not define the means for location, size and approximate depth of existing utilities and required filing of plats with the Director of Public Works. He said plats should be filed with the Engineering Department. He said the proposed amendments also required existing utilities be show and they will be located by 811 location services. Mayor Hughes opened the public hearing and asked for anyone wishing to speak in favor or opposition of this item to please come forward. With no one speaking, Mayor Hughes closed the public hearing. Mayor Pro -Tem Pankaj expressed appreciation to Mr. Mittge for getting these amendments done. A Motion to approve this item was made by Mayor Pro -Tem Pankaj and seconded by Council Member Kessel. Motion carried, 6 ayes — 0 nays. 20. Discuss and accept the bid from Lloyd D. Nabors Demolition for demolition of the Belford Building, award a contract in an amount not to exceed $588,000.00; and authorize the City Manager to execute all necessary documents. Mr. Mittge said the proposal before them was for demolition of the dilapidated Belford Building, and reviewed the process and steps taken up to this point. He also said Staff had received six bids and based upon scoring of the submittals, Lloyd D. Nabors Demolition, LLC was recommended for award of the project. Mr. Mittge pointed out they were the lowest responsible bidder because of their demolition experience in urban environments and offered the best value for the scope of work. Council Member Savage confirmed that this would be paid from ARPA funds. He inquired who retained ownership of the property. City Attorney Stephanie Harris said that Boomer Trends did, but it was likely that another Sheriff's sale would be scheduled and the City did have a judgment lien for civil penalties, which were continuing to accrue. A Motion to approve this item was made by Council Member Savage and seconded by Council Member Moore. Motion carried, 6 ayes — 0 nays. 21. Receive presentation about construction of Pickle Ball Courts at the Sports Complex; and provide direction to staff. Assistant City Manager Doug Harris said that a meeting recently took place to discuss pickle ball courts and those attending were Council Member Savage, Director of Public Works Michael Smith, Parks Superintendent Bill Loranger, Sue Hays, Tommy Felty and himself. Mr. Regular Council Meeting November 13, 2023 Page 5 Harris reported that Ms. Hays and Mr. Felty said the Paris Pickle Ball Group offered to pay for construction of up to eight pickle ball courts if the City would set aside property at the Sports Complex. He said the City would retain ownership and would be responsible for maintenance. Pickle Ball Representative Sue Hays said in the last seven days a national tournament had been held in Farmers Branch and pickle ball was continuing to grow. She also said since their last time at the Council meeting, the group had grown by 101 members. Ms. Hays said they already had several donations and they only needed '/ quarter of an acre. Pickle ball representative Tommy Felty said he appreciate all the Council was doing to assist them and this would be something else to add to the sports complex. Council Member Savage said there was a lot of energy and interest from all different age groups and it was a good way to bring unity in the community. Council Member Moore thanked her pickle ball family and said she loved playing. Mr. Harris said staff was asking for direction. It was a consensus of City Council for staff to move forward with negotiating with the pickle ball group for construction of the pickle ball courts. Mr. Harris said staff would bring back an agreement to City Council. 22. Discuss and act on RESOLUTION NO. 2023-050: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND AUTHORIZING AN AMENDMENT OF THE ECONOMIC DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF PARIS, TEXAS AND EMERALD HOSPITALITY, LLC; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mayor Hughes said Mayor Pro -Tem Pankaj had filed a conflict of interest and needed to be recused from this item. A Motion to recuse Mayor Pro -Tem Pankaj was made by Council Member Savage and seconded by Council Member Moore. Motion carried, 5 ayes — 0 nays. City Attorney Stephanie Harris said on June 27, 2022, City Council approved an Economic Development Agreement with Emerald Hospitality, and part of that agreement was the company must have the hotel open for business within 18 months of the execution of the Agreement, which would be January 5, 2024. Ms. Harris explained that hotel was substantially completed but there were some certain supply issues having pushed back the opening date until no later than April 5, 2024. She said Mr. Pankaj had requested that the opening deadline be extended by 90 days. A Motion to approve this item was made by Council Member Savage and seconded by Council Member Kessel. Motion carried, 5 ayes — 0 nays. A Motion to return Mayor Pro -Tem Pankaj to the meeting was made by Council Member Kessel and seconded by Council Member Norment. Motion carried, 5 ayes — 0 nays. Regular Council Meeting November 13, 2023 Page 6 23. Discuss and act on ORDINANCE NO. 2023-070: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO DIRECT REVENUES COLLECTED IN EXCESS OF THE 2022-23 BUDGET AMOUNT AND IN EXCESS OF ACTUAL EXPENDITURES FOR FISCAL YEAR 2022-23 TO VARIOUS DEPARTMENTS INCREASING THEIR EXPENDITURE BUDGETS FOR FISCAL YEAR 2022-23 IN AN AMOUNT SUFFICIENT TO COVER ALL OPERATING EXPENSES; 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 in September the City did its annual year-end "housekeeping" ordinance increasing certain department budgets while decreasing others in the General Fund to cover expenditures. He also said the General Fund budget did not increase from that ordinance. Mr. Anderson explained that when making the estimates used in the September amendment ordinance, he overlooked the payroll accrual of the September workdays that were not paid until October that included a whole pay period. He said the accrued pay period amounted to a 27a' pay period in the budget year, and in the general funds that amounted to $752,679 of the $899,740 adjustment being requested. He also said the City was fortunate that the 2022-23 General Fund revenues exceeded budget by 11.87% which was more than enough to cover the requested amendment and still add to the General Fund reserve. A Motion to approve this item was made by Mayor Pro -Tem Pankaj and seconded by Council Member Norment. Motion carried, 6 ayes — 0 nays. 24. Discuss and act on ORDINANCE NO. 2023-071: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO TRIPLE T SANITATION 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. City Clerk Janice Ellis said Triple T Sanitation filed an application for a solid waste collection permit and provided the required insurance. She said staff recommended approval of this permit. A Motion to approve this item was made by Council Member Moore and seconded by Council Member Moore. Motion carried, 6 ayes — 0 nays. 25. Receive the Annual Comprehensive Financial Report (ACFR) Fiscal Year Ending 9-30- 2022. Regular Council Meeting November 13, 2023 Page 7 Mr. Anderson said normally staff placed this item on the consent agenda but since there were several new Council Members, Mr. Path thought it was a good idea to have a presentation regarding the Annual Comprehensive Financial Report. Brandi Martin of McClanahan and Holmes explained the purpose of an audit and reviewed a summary of the audit. 26. Convene into executive session pursuant to: A. 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: Waste Water Treatment Plant Access Easement. B. 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: West Gate Tax Abatement Agreement. Mayor Hughes convened City Council into executive session at 6:38 p.m. 27. Reconvene into open session and possibly take action on those matters discussed in executive session. Mayor Hughes reconvened City Council into open session at 7:12 p.m. and said there was no action to be taken. 28. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Mayor Hughes said the annual Tree Lighting event was this Saturday, November 18th at 6:00 p.m. downtown. He also said there would be free wagon rides, live reindeer, Santa Claus and area choirs prior to the tree lighting. He reminded everyone that Small Business Saturday was November 25th from 11:00 a.m. to 4:00 p.m. in the Historic Downtown and the Christmas Parade was Saturday, December 2nd at 6:00 p.m. Regular Council Meeting November 13, 2023 Page 8 29. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Kessel and seconded by Council Member Savage. Motion carried, 6 ayes — 0 nays. Mayor Hughes adjourned the meeting at 7:13 p.m. ". REAL D B. HUGHES, MAYR J� ICE ELLIS, Cl