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10-28-2024r MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS October 28, 2024 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, October 28, 2024, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Mihir Pankaj Mayor Pro -Tem: Gary Savage Council Members: Shatara Moore, Mickey Ellis, Rebecca Norment, Alix Putnam and Rudy Kessel City Staff: Rob Vine, Interim City Manager; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Rich Salter, Police Chief; M.A. Smith, Public Works Director; Osei Amo-Mensah, City Planner; Todd Mittge, City Engineer; Danny Rowell, Interim Utilities Director; and Clyde Crews, Fire Marshal Opening Agenda 1. Call meeting to order. Mayor Pankaj 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. City Council led the United States Pledge of Allegiance and the Texas Pledge of Allegiance. 4. Citizens' Forum. Zion Torres 1905 Culbertson - he said he had 341 names on the survey for a new skate park and asked that lights be installed at the current skate park because only one worked. He also said he could not find out who was buried in the Lamar County Cemetery because no one had records. Consent Agenda Mayor Pankaj 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 Mayor Pro -Tem Savage and seconded by Council Member Putnam. Motion carried, 7 ayes — 0 nays. Regular Council Meeting October 28, 2024 Page 2 5. Approve minutes from the meetings of October 14, 2024 (special & regular meetings). 6. Receive reports and/or minutes from the following boards and commissions: a. Love Civic Center Quarterly Reports b. VC&C Quarterly Reports c. Paris Economic Development Corporation (8-20-2024) d. Planning & Zoning Commission (9-12-2024) 7. Receive update on the 5 in 5 Infill Housing Program. 8. Approve the Final Plat of the Church Street Station Addition CB 159, Lot 1, Block A, LCAD 16584 & 16586, located at 833 Church and 818 S.E. 3rd 9. Approve the Final Plat of the Valley Feed Mill Addition CB 251, Lot 1, Block A, LCAD 53614, located on W. Center. 10. Approve the Final Plat of the Blake Moore Addition CB 2208, Block A, LCAD 17418, located at 2135 E. Price. 11. Approve the Final Plat of the Paris Pregnancy Maternity Home Addition, Lot 1, Block 1, LCAD 16967, located in the 500 Block of E. Houston. Regular Agenda 12. Discuss, conduct a public hearing, and act on ORDINANCE NO. 2024-037: 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 PROPERTY LOCATED IN THE CITY OF PARIS, BLOCK 319, LOT 2, A7 W ASKINS SURVEY AND Al 003 H WILLIAMS SURVEY, LCAD #50167, LOCATED ON FM 195 AND COMPRISING .798 ACRES, AND OAK CREEK #1, BLOCK B, LOT PT OF 1, A7 W ASKINS SURVEY AND A1003 H WILLIAMS SURVEY, LCAD #104799, ALSO LOCATED ON FM 195 AND COMPRISING 1.122 ACRES FROM AN AGRICULTURAL (A) DISTRICT TO A GENERAL RETAIL (GR) DISTRICT; DIRECTING CHANGES 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 Osei Amo-Mensah said the applicants were proposing the use of the said residential dwelling as a medical office which was permitted under General Retail. He said the Planning and Zoning Commission recommended approval, as did City Staff. Regular Council Meeting October 28, 2024 Page 3 Mayor Pankaj opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Pankaj closed the public hearing. A Motion to approve this item was made by Council Member Kessel and seconded by Council Member Ellis. Motion carried, 7 ayes — 0 nays. 13. Discuss, conduct a public hearing and act on ORDINANCE NO. 2024-038: 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 APPROVE A SPECIFIC USE PERMIT (SUP) FOR A SINGLE-FAMILY HOME IN A NEIGHBORHOOD SERVICE DISTRICT (NS) FOR LOT 1, BLOCK A OF THE CULTIV8 ADDITION NO.2 CITY BLOCK 32-B, LCAD #13832 LOCATED AT 116 N.E. 10TH STREET; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Amo-Mensah said the applicant was proposing to build a single-family home in a Neighborhood Service District, and to do so a Special Use Permit was required. Mayor Pankaj opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Pankaj closed the public hearing. A Motion to approve this item was made by Mayor Pro -Tem Savage and seconded by Council Member Norment. Motion carried, 7 ayes — 0 nays. 14. Discuss, conduct a public hearing and act on ORDINANCE NO. 2024-039: 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 PRIMROSE VILLAGE ADDITION BLOCK B, LOT 1, LCAD #106197, FROM A PLANNED DEVELOPMENT DISTRICT (PD) TO A COMMERCIAL DISTRICT (C); 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. Amo-Mensah said the applicant wanted to get the property re -zoned from Planned Development to Commercial and the future land use was guided for Retail, so this zoning action would be in accordance with the City's comprehensive plan. He said the applicant planned to combine this parcel by plat with the two adjacent parcels as part of the existing self -storage business. Regular Council Meeting October 28, 2024 Page 4 Mayor Pankaj opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. Applicant Chris Kline spoke in support of this item. With no one else speaking, Mayor Pankaj closed the,public hearing. A Motion to approve this item was made by Council Member Ellis and seconded by Council Member Kessel. Motion carried, 7 ayes — 0 nays. 15. Discuss, conduct a public hearing and act on ORDINANCE NO. 2024-040: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND ADOPTING REVISIONS TO THE COMPREHENSIVE PLAN AMENDMENT AND FUTURE LAND USE MAP FOR THE CITY OF PARIS FROM MANUFACTURED HOUSING AND LIGHT INDUSTRIAL DISTRICT TO HEAVY INDUSTRIAL IN THE CITY OF PARIS BLOCK 297, LOTS 1A, 1-2-3-4, AND 15, LCAD #59490, 53676, 53594, LOCATED AT 1540-1590 N.W. LOOP 286 AND UNADDRESSED VACANT LOT. Mr. Amo-Mensah said the Planning and Zoning Commission recommended this zoning change, as did City Staff. Mayor Pankaj opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Pankaj closed the public hearing. A Motion to approve this item was made by Council Member Kessel and seconded by Council Member Putnam. Motion carried, 7 ayes — 0 nays. 16. Discuss, conduct a public hearing, and act on ORDINANCE NO. 2024-041: 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 297, LOTS 1A,1-2-3-4, AND 15, LCAD #s 59490, 53676, 53954, LOCATED AT 1540-1590 NW LOOP 286 AND AN UNADDRESSED VACANT LOT, FROM AN AGRICULTURAL DISTRICT (AG) AND LIGHT INDUSTRIAL DISTRICT (LI) TO A HEAVY INDUSTRIAL DISTRICT (HI); PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Amo-Mensah said the applicant proposed use of the lots to construct offices, tracking maintenance, tracking storage and warehouse. He also said a projected future development addition may be a concrete batching plant. Mayor Pankaj opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Pankaj closed the public hearing. 4 Regular Council Meeting October 28, 2024 Page 5 Following additional discussion, a Motion to approve this item was made by Mayor Pro - Tem Savage and seconded by Council Member Norment. Motion carried, 7 ayes — 0 nays. 17.A. Discuss, conduct a public hearing, and act on ORDINANCE NO. 2024-042: AN ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SEC. 8, "USE OF LAND AND BUILDINGS," TO PROVIDE DEFINITIONS FOR "RECYCLING PROCESS FACILITY," RECYCLING TRANSFER STATION,' AND "SHOOTING RANGE -INDOOR" AND TO DESIGNATE ZONING DISTRICTS IN WHICH SAME MAY BE LOCATED; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Mr. Amo-Mensah said in 2015, the City Council passed a resolution regarding a new and unlisted use described as a recycling transfer station. He also said Council was in favor of the new use category being allowed in Light Industrial and Heaving Industrial by Specific Use Permit but an omission occurred in the process, and an ordinance amendment was not prepared and brought forward. Mayor Pankaj opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Pankaj closed the public hearing. A Motion to approve this item was made by Council Member Moore and seconded by Council Member Putnam. Motion carried, 7 ayes — 0 nays. 17.B. Discuss, conduct a public hearing, and act on an Ordinance regarding the petition of the City of Paris as to the classification for a new and unlisted use described as a Recycling Processing Facility. (This is included in the Ordinance with 17A above) Mr. Amo-Mensah explained the City met with a business owner who was proposing a Recycling Processing Facility but this was an unlisted use. He said the nature of the use for a recycling processing facility was more intense than that of a recycling transfer station, and a separate use and definition were warranted. Mayor Pankaj opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Pankaj closed the public hearing. Mayor Pankaj inquired as to how soon this would be built. Mr. Amo-Mensah said the business was eager to start. Council Member Norment wanted to know if the company was CARDS and Mr. Amo-Mensah said he did not know. Council Member Putnam wanted to know about the site, and Mr. Amo-Mensah said it was near the fairgrounds. Mayor Pro -Tem Savage asked what would keep him from answering the question about CARDS, and Mr. Amo-Mensah said because he did not have any information. Council Member Putnam expressed concern about the site being close to Givens School. Mr. Amo-Mensah said a site had not been decided. Regular Council Meeting October 28, 2024 Page 6 A Motion to approve this item was made by Council Member Kessel and seconded by Council Member Putnam. Motion carried, 7 ayes — 0 nays. 17.C. Discuss, conduct a public hearing, and act on an Ordinance regarding the petition of the City of Paris as to the classification for a new or unlisted use described as an Indoor Shooting Range. (This is included in the Ordinance with 17A above) Mr. Amo-Mensah said that an indoor shooting range use currently was not defined in the City of Paris Codes. He said input was received from the Paris Police Department, that Planning and Zoning recommended approval, as did Staff. Mayor Pankaj opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Pankaj closed the public hearing. A Motion to approve this item was made by Mayor Pro -Tem Savage and seconded by Council Member Ellis. Motion carried, 7 ayes — 0 nays. 18. Receive update on the Mill and Overlay Street Project. City Engineer Todd Mittge presented an update on the Mill and Overlay Street Project. He said on December 11, 2023, the City Council approved a list of streets to be included in this project. He identified the streets and said those streets would entail 5,478 miles and a project total cost of $2,487,265.00. Mayor Pro -Tem Savage verified that Oh and 8th Streets were not included in this project because the City was in litigation about these two streets. City Council emphasized that they did not want Collegiate shut down for repairs because it was one of the busiest streets and businesses could not be closed. Council Member Putnam said she would like future budgets to include repair and replacement of streets. Mayor Pro -Tem Savage asked if the lists of streets in the project could be placed on the City website and sent to media, to let the public know when the work would begin, the duration and when completed. Mr. Vine said staff would take care of it. Mr. Mittge said they would first get bids for the project and hoped that all twelve streets could get done. 19. Discuss Charter Article III Section 15, in regard to City Council Members attending at least seventy-five (75%) of meetings in any year of his or her term of office unless otherwise excused by the remaining members of the Council. Interim City Manager Rob Vine said in November of 2022, voters passed an amendment to City Charter Section 15, which included a requirement that members of the City Council must attend 75% of the Council's meetings. Mr. Vine also said that City Attorney Stephanie Harris recommended creation of a policy and gave them four options. Regular Council Meeting October 28, 2024 Page 7 Mayor Pankaj said he was going to give the floor to Mayor Pro -Tem Savage because he had requested this item. Mayor Pro -Tem Savage said he did not think they needed an official policy but keep this simple as to what constitutes an excused absence. Mayor Pankaj agreed. Following a brief discussion, it was a consensus that absences would pertain only to regular City Council meetings, and excused absences would include illness, family illness, work, and vacation. It was also a consensus the Council Member who was going to be absent would contact the City Clerk who would inform the Council, track absences and let the Council Member know when he or she had three unexcused absences. City Clerk Janice Ellis said staff would put an item on the next agenda and City Council could approve by a minute order, if they desired to do so. It was a consensus to do so. 20. Discuss and act on ORDINANCE NO. 2024-043: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO TRANSFER UNENCUMBERED FUNDS FROM VARIOUS DEPARTMENTS OR RESERVES TO OTHER DEPARTMENTS WHICH ARE EXPECTED TO OVER -EXPEND THEIR ORIGINAL BUDGET APPROPRIATIONS; 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 explained this was the annual year-end housekeeping ordinance where funds were transferred from various departments with unexpended funds to other departments that were over -expended. He said the total general fund budget did not increase. Following additional discussion, a Motion to approve this item was made by Council Member Kessel and seconded by Mayor Pro -Tem Savage. Motion carried, 7 ayes — 0 nays. 21. 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: CARDS liquidated damages. Mayor Pankaj said since the City Attorney was out sick, they needed to table both items 21 and 22 to the next meeting. A Motion to table items 21 and 22 was made by Council Member Norment and seconded by Council Member Moore. Motion carried, 7 ayes — 0 nays. 22. Reconvene into open session and possibly take action on those matters discussed in executive session. 23. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2024-081. Regular Council Meeting October 28, 2024 Page 8 Ms. Ellis reminded everyone that the next regular meeting was Tuesday, November 12th, because November 11th was a holiday. 24. Adjournment. There being no further business, a Motion to adjourn was made by Mayor Pro -Tem Savage and seconded by Council Member Nonnent. Motion carried, 7 ayes - 0 nays. Mayor Pankaj adjourned the meeting at 6:39 p.m.