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05 - City Council MinutesItem No. 5 CITY COUNCIL DRAFT MINUTES MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS February 12, 2024 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, February 12, 2024, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Reginald B. Hughes Mayor Pro -Tem: Mihir Pankaj Council Members: Clayton Pilgrim and Rudy Kessel City Staff. Grayson Path, City Manager; Robert Vine, Deputy City Manager; Doug Harris, Assistant City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson; Finance Director; Rich Salter, Police Chief; Todd Mittge, City Engineer; Duke McGee, Building Official; Celso Arrieta, IT Manager; and Clyde Crews, Fire Marshal Absent: Council Members: Shatara Moore, Gary Savage and Rebecca Norment Opening Agenda 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 of Allegiance and the Texas Pledge of Allegiance. 4. Citizens' Forum. Paula Portugal, 2020 38th St. N.E. — she expressed concern about the rollout of the new trash services for the elderly and disabled, specifically communication. She said many of the elderly did not use social media. She also referenced those who could not get the trashcans out to the street. Thomas Bellew, 4130 Primrose — he said the personnel for the new trash company were wonderful and showed him the map reflecting his pickup was on Friday, but they picked up on Regular Council Meeting February 12, 2024 Page 2 Thursday then came back and picked up on Friday. He said the CARDS employees told them different dates. Lary Finley, 4119 Primrose — he said he would like to hear from the company as to how they were handling those who could not take the trashcans to the streets. Ann Ford, Primrose — she said she could not get her empty trashcan back up the driveway without using her walker. James Larson — he said was he was with Paris Texas Delivery, he provided a handout about his services and said he would like to be placed on a future agenda. Consent Agenda 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 made by Council Member Kessel and seconded by Council Member Pilgrim. Motion carried, 4 ayes — 0 nays. 5. Approve minutes from the meetings of January 22, 2024 and January 29, 2024. 6. Receive reports and/or minutes from the following boards and commissions: a. Visitors & Convention Council (11-20-2023) b. Love Civic Center Board (11-29-2023) c. Historic Preservation Commission (11-8-2023) d. Paris Economic Development Corporation (12-5-2023) e. Planning & Zoning Commission (1-3-2024) 7. Approve RESOLUTION NO. 2024-013: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AMENDING RESOLUTION NO. 2023-032 SUPPORTING AN APPLICATION FOR A GRANT FROM THE 2023 STATE HOMELAND SECURITY PROGRAM AND THE ARK-TEX COUNCIL OF GOVERNMENTS FOR THE PURPOSE OF FUNDING THE ACQUISITION OF POLICE BARRICADES BY ADDING A PROVISION THAT IN THE EVENT OF LOSS OR MISUSE OR GRANT FUNDS, THE CITY WILL RETURN ALL SUCH FUNDS TO THE GOVERNOR'S PUBLIC SAFETY OFFICE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 8. Approve an Agreement with a third party contractor, Courtney Farmer, LLC to facilitate the Softball Program for the City of Paris; and authorize the City Manager to execute all necessary documents. Regular Council Meeting February 12, 2024 Page 3 Regular Agenda 9. 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: City of Paris v. Essent PRMC. Mayor Hughes announced that this item would need to be tabled until February 26 and asked for a Motion. A Motion to table this item until February 26 was made by Council Member Kessel and seconded by Council Member Pilgrim. Motion carried, 4 ayes — 0 nays. 10. Reconvene into open session and possibly take action on those matters discuss in Executive Session. 11. Discuss, conduct a public hearing and act on RESOLUTION NO. 2024-014: A RESOLUTION APPROVING A RESIDENTIAL TAX ABATEMENT AGREEMENT WITH INVEST FANNIN, LLC, AS PART OF THE 5 IN 5 HOUSING INFILL REDEVELOPMENT PROGRAM, FOR GIBBONS BRADEN ADDITION BLOCK 16, LOT 5A, GIBBONS BRADEN ADDITION BLOCK 16, LOT 5A; AND LOVETTE ADDITION BLOCK 281, LOT 6, PURSUANT TO THE TEXAS GOVERNMENT CODE CHAPTER 2303 AND TEXAS TAX CODE SECTION 312.2011. Deputy City Manager Rob Vine gave a brief summary of the proposed agreement and then introduced City Attorney, Stephanie Harris to present the agreement. Ms. Harris stated the agreement came with incentives under Chapter 380, which related to permitting, sewer tap fees and residential tax abatement as set forth in the agreement. She said the property was within the zone required for the 5 in 5 development and all incentives were included. Zach Bergenholtz, owner, stated that Invest Fannin, LLC had been involved in construction since 1994, and was a father and son team who had dealt with commercial construction, new home builds, remodeling, and land development. He also said the company had been acquiring privately owned land for development in Paris, and was actively purchasing additional properties. He stated that this morning the company had received direction to proceed with two Lamar County trustee sites that would include 18-20 new units in west Paris on Northwest 7t' Street. He stated that the company was excited and committed to build in Paris and look forward to help fill the void of needed homes. He also said Invest Fannin, LLC's goal was to build 20 units in Paris this year, and 50 additional units the following year. Mr. Bergenholtz said that today's discussion included privately owned properties in Paris that they had purchased to build 10 dwelling units under the 5 in 5 program, and anticipated to begin construction in spring of 2024, with the 17th Street Southeast project being the first project. Regular Council Meeting February 12, 2024 Page 4 Mayor Hughes opened the public hearing and asked for anyone wishing to speak about 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 Pilgrim and seconded by Council Member Kessel. Motion carried, 4 ayes — 0 nays. 12. Receive a presentation from CARDS regarding the implementation of residential trash collection. Jason Fitzgerald with CARDS explained with new contracts there were generally gaps. He went on to say they were training new drivers, and a few of them were from around the city, He also said there were a lot of long hanging trees and utility lines that slowed them down the first week. Mr. Fitzgerald said they added a third truck because of the bulk items. He also said they would do more education with citizens, and he would get with the team about e-mails and phone calls to address issues from the citizens. Mayor Pro -Tem Pankaj expressed appreciation for CARDS' patience in working with the City and said he knew this was a little challenging. Mr. Fitzgerald said he, Grayson, Path and seven others had crowded around at the radio station to get the word out about changes and what to expect, had provided flyers to all citizens, and Public Information Officer Jon McFadden had done a great job getting the word out through public media posts. Council Member Kessel asked if he would go through the process for elderly and disabled citizens who wanted to get front door service. Mr. Fitzgerald said they would need to call or e-mail CARDS and from there a staff member would go through a process to determine if they were qualified for front door service. He said they had over 100 people signed up for front door service. Grayson Path said if someone had difficulty in making contact with CARDS, that they could call his office. Mr. Path reported the City had over 7,000 accounts. Council Member Pilgrim said he understood there were growing pains and some folks out there had a pickup load of trash to be picked up. He also said he hoped that citizens understood that everyone had to follow the rules. Council Member Pilgrim inquired about the low utility lines. Mr. Path said he had asked CARDS to let him know of any low utility lines, and that he would contact the utility company. 13. Discuss, continue the public hearing, and act on ORDINANCE NO. 2024-007: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING CITY ORDINANCE NO. 1315, SUBDIVISION REGULATIONS OF THE CITY OF PARIS, AS HERETOFORE AMENDED, REGARDING THE MASTER THOROUGHFARE PLAN, DEDICATION OF LAND, AND STREET REQUIREMENTS; 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 that the Texas Legislature had enacted HB 3699, effective September 1, 2023, which made several amendments to Chapter 212 of the Texas Government Code relating to the regulation of subdivision. He said there was a slight change with platting and the major thoroughfare. He also said the preliminary and final platting sections Regular Council Meeting February 12, 2024 Page 5 of the subdivision Ordinance were in compliance but revision of Section VIII General Requirements pertaining to the Master Thoroughfare Plan was necessary to comply with HB 3699. Mr. Mittge explained the revised subdivision ordinance clarified that dedication of rights- of-way were limited to existing streets, that the City would not require dedications for future streets unless intended by the owner, that dedications must be approved and funded portion of a capital improvement plan, and that construction specifications were still applicable for streets and roadways in both existing and future streets. Mr. Mittge said the Planning and Zoning Commission, and staff recommended approval of this revision. Mayor Hughes continued the public hearing and asked for anyone wishing to speak about 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 Pilgrim and seconded by Mayor Pro -Tem Pankaj. Motion carried, 4 ayes — 0 nays. 14. Discuss and act on Change Order No. 2 with Lloyd D. Nabors Demolition for the Belford Demolition Project, decreasing the contract amount by $86,850.00; and authorize the City Manager to execute all necessary documents. City Manager Grayson Path said the City Council previously approved Change Order No. 1, which was for chains and stars. He said Change Order No. 2 before them was a reduction in costs, and Todd Mittge would explain those changes to them. Mr. Mittge said in the original contract the north wall of the neighboring property was to be demolished and rebuilt by a contract at a cost of $94,500.00, but during the demolition project it was determined that the wall could be retained. He also said retention of the north wall resulted in reduction of the scope of work and fees, with only minimal work necessary to properly, and safely keep the wall in place. Mr. Mittge reported the reduction in contract fees in Change Order No. 2 amounted to $86,850.00, reducing the final demolition contract to $514,650.00. Council Member Kessel inquired about waterproofing that wall. Mr. Mittge said there were no signs of water seeping through but out of caution, they had decided to waterproof the wall when the weather is warmer. A Motion to approve this item was made by Council Member Kessel and seconded by Council Member Pilgrim. Motion carried, 4 ayes — 0 nays. 15. Discuss and appoint one member to fill the vacant position on the Main Street Advisory Board. City Clerk Janice Ellis reported that Katrina Mitchell was previously appointed to the Main Street Advisory Board and has since resigned, leaving one vacant unexpired position on the Board. She also said staff advertised and received three applications from Harley Draven, Kim Kalina, and Melissa Jones. City Council scored the ballots, and Ms. Ellis announced that Melissa Jones received the highest number of points. Regular Council Meeting February 12, 2024 Page 6 A Motion to appoint Melissa Jones to the Main Street Advisory Board was made by Mayor Pro -Tem Pankaj and seconded by Council Members Pilgrim and Kessel. Motion carried, 4 ayes — 0 nays. 16. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. No future events were referenced 17. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pilgrim and seconded by Mayor Pro -Tem Pankaj and Council Member Kessel. Mayor Hughes adjourned the meeting at 6:16 p.m. REGINALD B. HUGHES, MAYOR JANICE ELLIS, CITY CLERK