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04/23/2018 MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS April 23, 2018 The City Council of the City of Paris inet for a regular session at 5:30 p.m. on Monday, April 23, 2018, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Steven Clifford Council Members., Aaron Jenkins-, Billy Trenado; Linda Knox; Cleonne Drake-, and Paula Portugal City Staff: John Godwin, City Manager-, Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Bob Hundley, Police Chief, Larry Wright, Fire Chief-, Carla Easton, City Engineer; Jerry McDaniel, Public Works Director; Doug Harris Utilities Director; Kent Klinken-nan, EMS Director, Priscilla McAnally, Library Director; and Clyde Crews; Fire Marshal Absent-, Council Member: Billie Lancaster Opening Agenda Call meeting to order. Mayor Clifford called the inecting to order at 5:30 p.m. 2. Invocation, Father Creig Reed gave the invocation, 3. Pledge of Allegiance, Council Member Drake led the pledge, 4. Citizens' Forum, Chris Dux, 4075 Sunset View, Historic Preservation Commission Chairman — he spoke in support of the vacant building registry ordinance, citing that historic preservation was important to economic development, Richard Smith, 562 21" N.E., owner of Paris Creations — he said there were: empty buildings downtown with no roofs, trees growing through buildings and he could not understand why something could not be done. Regular Coundl Meeting April 23,2018 Page 2 Carol Hufriagel, 720 Bunker — she said next to the surgery center on Pine Mill Road, there was an overgrown lot and the owners should be made to clean it up. Jill Drake, 3605 Surni-nerbill — she spoke in support of a vacant building registry and stated that many cities had passed similar ordinances, including Winsboro which was smaller than Paris, Ms. Drake said progress was being made and we needed to keep, progressing. Randy Hider, 1823 Church he said downtown needed to be vibrant. He also said when new companies were considering relocating to Paris, it was a deterrent for than to, see the dilapidated structures downtown. Glee Emmite, 3065 Aspen, President of the Downtown Association, Main Street Board Member and Historic Preservation Commissioner — she said she also owned a business downtown and it was difficult to have curb appeal when you have dilapidated buildings around your business. Ms. Erni-nite said the vacant and dilapidated buildings needed to be addressed, Syble Colson, 819 Lamar Avenue — she said she thought the proposed vacant building registry ordinance was a back door appeal to keep people from storing supplies for their businesses. She said it was too broad and carried criminal penalties. She opposed the ordinance. Larry Schenk, 3765 Dawn - he asked that City Council consider giving a COLA to retirees, as they were beginning their budget process. Consent Agenda Mayor Clifford inquired of Council Members if they wished to pull any items from the consent agenda for discussion. Council Member Portugal asked that item 7 be pulled for discussion. She inquired about overage amount under the City Council. Finance Director Gene Anderson explained that approximately $,11,900 of that was for the Novernber special election which was not budgeted. Council Member Portugal said she hoped in the future Council would keep the elections together to avoid going over budget, A Motion to approve the consent agenda was made by Mayor Clifford and seconded by Council Member Portugal. Motion carried, 6 ayes — 0 nays. 5. Approve minutes from the meeting of April 9, 2018. 6. Receive reports and/or minutes from the following boards, commissions, and committees. a. Paris -Lamar County Board of Health (1-22-2018) b. Paris Board of Adjustment (2-6-2018) c. Traffic Commission (11-7-2018) d. Main Street Advisory Board (2-13-2018) e. Historic Preservation Commission (3-14-2018) f, Building & Standards Commission (11-20-2017, 1-28-2018,, 2-19-2018 & 3-19- 2018) g. Planning & Zoning Commission (4-2-2018) Regular Council Meeting April23,2018 Page 3 h. Paris Visitors& Convention Council (3-19-2018) i. Paris Visitors & Convention Council Quarterly Activity & Financial Reports j. Love Civic Center Quarterly Activity & Financial Reports 7. Receive March monthly financial report, S. Receive March drainage report. 9Receive demolition and code enforcement activity reports. 10. Approve Final Plat of SDI Acres Addition, City Block 250 (2350 N. Main Street) and a Subdivision Improvement Agreernent with the Horner Family Land, LP. Regular Agenda Discuss and act on RESOLUTION NO. 2015-012: A RESOLUTION OF THE CITY OF PARIS, TEXAS FINDING THAT' ONCOR ELECTRIC DELIVERY COMPANY LLC'S APPLICATION FOR APPROVAL OF A DISTRIBUTION COSI` RECOVERY FACTOR PURSUANT TO 16 TEX. ADMIN. CODE § 25.243 TO INCREASE DISTRIBUTION RATES WITHIN THE CITY SHOULD BE DENIED; FINDING THAT THE CITY'S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. Finance Director Gene Anderson explained that Oncor filed an application for approval of a distribution cost recovery and were seeking an increase in distribution revenues from cities it serves, Mr. Anderson said Paris plans to join other cities served by Oncor to review the revenue increase and in order to do so, this resolution would deny the increase requested by Oncor. He also said the Oncor Cities Steering Committee would engage a consultant to do the review and there would be no direct cost to the city. A Motion to approve the Resolution denying the cost increase was made by Mayor Clifford and seconded by Council Members Jenkins and Trenado. Motion carried, 6 ayes — 0 nays. 12. Discuss, conduct a public hearing and consider ORDINANCE NO. 2018-011: 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 REZONE LOT 2, CITY OF PARIS BLOCK 341, LOOP 286 AND HIGHWAY 24, BEING LOCATED AT 2975 SOUTH CHURCH STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS FROM AN AGRICULTURAL DISTRICT (A) 1-0 A COMMERCIAL DISTRICT (C) WITH A SPECIFIC USE PERMIT FOR THE SALE OF TRAILERS; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A Regular Council Meeting April 23, 2018 Page 4 REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City Manager John Godwin said the applicant requested this zoning change for the purpose of renting and selling trailers. He also said that Planning and Zoning recommended approval, as did staff. Mayor Cliff"ord opened the public hearing and asked for anyone wishing to speak in support or opposition of the zoning change, to please come forward. With no one speaking, Mayor Clifford closed the public hearing. A Motion to approve the zoning change was made by Mayor Clifford and seconded by Council Member Drake, Motion carried, 6 ayes ...- 0 nays, 13. Discuss, conduct a public hearing, and consider ORDINANCE NO, 2018-012: AN ORDINANCE OF THE CITY COUNCIL OF THE crn,, OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, BY AMENDING SECTIONS, 8-106 AND 8-201 TO PROVIDE DEFT -Nil I IONS FOR "VETERINARY CLINIC - SMALL ANIMALS" AND "VETERINARY CLINIC LARGE ANIMALS" USES AND TO PROVIDE' FOR THE LOCATIONS OF SUCH USES; BY AMENDING SECTION 12-100, "SPECIFIC USE PERMITS,"'I-O CORRESPOND WITH SAME: PROVIDING A. REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City Manager John Godwin explained this Zoning Ordinance amendment would add new use definitions for veterinary clinics. Mr. Godwin further explained that the new uses, included definitions for both small and large animals, and expanded on the locations allowed through a special use permit. He said the Planning and Zoning Commission approved the amendinent by a 4-1 vote, and that staff recommended the amendment, Mayor Clifford opened the public hearing and asked for anyone wishing to speak in support or opposition of the zoning change, to please come forward, Connie Justice spoke in opposition of the amendment, citing it would affect several hundred general retail businesses and change the values of their property, Mr. Godwin clarified that this would not aftect all general retail, because this would require a special use permit. Dr. James O'Bryan spoke in support of the amendment, and said to have an after hour veterinarian clinic inside the city would benefit everyone. He said his clinic was currently zoned general retail. With no one else speaking, Mayor Clifford closed the public hearing. Mayor Clifford said this amendment made perfect sense and he supported it. Council Member Knox applauded the Planning and Zoning Commission for beginning to revise some of the old ordinances. She said she supported the amendment. A Motion to approve this item was made by Council Member Drake and seconded by Mayor Clifford. Motion carried, 6 ayes — 0 nays. Regul'ar Council Meeting April 23,2018 Paige 5 14. Discuss, conduct a public hearing, and consider ORDINANCE NO. 2018-013,: AN ORDINANCE OF TI --IE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO, 1.710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS 1-0 REZONE LOT 2, CITY OF PARIS BLOCK 32-C, BEING LOCATED AT 1.029 LAMAR AVENUE, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A GENERAL RETAIL DISTRICT (GR), TO A GENERAL RETAIL DISTRICT (GR) WI.1-11 A SPECIFIC USE PERMIT (SUP) FOR. A VETERINARY CLINIC — LARGE ANIMAL; 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. City Manager John Godwin said the Planning and Zoning Commission approved Dr. O'Bryan's, specific request regarding this property and their approval of a SUP included special requirements of vegetative screening between the clinic and a. neighboring apartment building, compliance with residential noise ordinance restrictions, no outdoor animal storage such as, kennels and pens, a site plan consistent with the applicant's presentation and assurances. Mayor Clifford opened the public hearing and asked for anyone wishing to speak in support or opposition of the zoning change, to please come forward, Connie Justice spoke in opposition to the zoning change and said the proposed site plan showed the vet clinic was close to the windows of her apartment tenants, Carol Huffiagel, 720 Bunker Street, spoke in support of the zoning change, and said the establishments of veterinarians, were as clean as the local hospitals. Richard Smallwood, 833 E. Houston, opposed it and said the flies were going to be had. Dr. O'Bryan said this would be a professional veterinarian. With no one else speaking, Mayor Clifford closed the public hearing, Council Member Knox said Dr. O'Bryan's current location is next to businesses and an apartment complex. She asked him if he there had been any cornplaints by neighbors for noise or flies. Dr. O'Bryan said there had not been any complaints. Subject to the special requirements set out for issuance of the SUP, a Motion to approve this item was made by Mayor Clifford and seconded by Council Member Knox. Motion carried, 6 ayes — 0 nays, 15, Receive update on immediate and future plans to continue cleanup and maintenance of ditches. Council Member Drake said she had requested this item, because citizens in Johnson Woods had contacted her about the deterioration in their backyards. City Engineer Carla Easton said the City bid out the Johnson Woods Drainage Project and last June received one bid for the project, which was double the budgeted amount for construction. She also said that staff had been looking into options to move forward with the project within the budget, Ms. Easton explained some of the options and said there were three bond projects currently under construction, two of which would finish this year. She said those projects were tracking on time Regular Council Meetiing April 23, 2018 Page 6 and under budget. Ms. Easton also said if there were savings from those contracts, the funds could be reallocated to the Johnson Woods Drainage Project which could make up some of the cost difference. Ms. Easton explained they did not remove the stumps but trees and the reason was so as not to disturb the dirt. On the maintenance side, Public Works Director Jerry McDaniel said crews had been working for two years on grubbing, grading, shaping and cleaning. Mr. McDaniel said they were not finished, but had expended the available funds. Mr. McDaniel also said there were two or three guys every week working to maintain the clearing and grubbing already done. Council Member Drake said she appreciated the work done, and it was better than it had been. 16. Discuss Tax Increment Financing and provide direction to city staff Mr. Godwin explained that tax increment financing was a tool that could be used to set aside funds to do improvements within an area. He said the tax increments could be spent only within that area. He said the basics included setting a base line of the property values within a certain area, known as a reinvestment zone, and the increase over the base line mark potentially was available to finance improvements. He also said a TIRZ required the f6rination of an independent board, a development plan and a finance plan. Mr. Godwin set out the three options of financing, which included pay as you go, incur debt or get private financing. Mr. Godwin gave examples to the City Council as to how a TIRZ works. He said a TIRZ would neither create abaternent nor increase tax rates but was a tool to help developers finance projects as related to public improvements only, such as streets, sidewalks, water and sewer lines, and street lights. Mr. Godwin said the Historic Preservation Commission and Main Street Board voted to recommend that the City pursue this. Mr. Godwin said a project plan and finance plan would first need to be created. Mr. Godwin said the City had a draft of a downtown plan and at time May 14 City Council meeting, he planned to bring a request to hire a consultant to create more of a detailed plan for downtown. Mr. Godwin asked that Council give infon-nal direction to the city attorney to do additional research and work, and then to him and his staff, to develop a project plan and a finance plan. Following questions by City Council to Mr. Godwin, it was a consensus of City Council filar the city attorney and city manager to move forward with tax increment financing. 17. Discuss and act on ORDINANCE NO. 2018-014: AN ORDINANCE OF 'THE CITY 'COUNCIL OF THE CITY OF PARIS, 'TEXAS, REPEALING ARTICLE IV, "SECURED BUILDING PERMIT,"OF CHAPTER 7, "BUILDINGS AND BUILDING REGULATIONS," OF THE CODE OF ORDINANCES AND CREATI-NG A NE ' W REGISTRATION PROGRAM FOR ALL VACANT CENTRAL AREA BUILDINGS, PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Godwin said they initially discussed this a little over a year ago and in December, City Council discussed this again and instructed staff to bring this back with changes, Mr. Godwin explained that awnings, sconces, and architectural features had been deleted from the ordinance. He also explained that standards of care were still in theordinance, which included Regular Council Meeting April 23, 2018 Page 7 broken windows, broken doors, and having floor plans in case of a fire. Mr. Godwin said that the City did not want its firefighters falling through floors, Mr. Godwin said the City wanted to encourage investment downtown and if you have property you carmot take care of, we want to encourage you to sell it to someone who can take care of it and who wants to take care of it. Mr. Godwin said this will affect local economy. He also said this was not meant to be punitive and the City hoped to be able financially assist through grants for people who needed help keeping their buildings safe. Mayor Clifford inquired about the definition of lawful activity, in that a building could not be used for storage, Mr. Godwin said the zoning ordinance was changed about two years ago in the central area prohibiting storage and warehousing. He also said it did not mean that if you own a business that you could not keep your inventory in the basement, as long as your primary business was retail or a restaurant. Mayor Clifford inquired about the storage units across frorn the market and Mr. Godwin said that business would be grandfathered, Mayor Clifford said the central area was a large area and included vacant residences and he did believe vacant houses should be included in this ordinance. Mayor Clifford said lie felt it would be more effective to first address immediate downtown buildings and not the entire central area district. He said there were a lot of old buildings behind the Fariners Market area that were used for storage and that he saw some problems with enforcement. Mayor Clifford inquired about changing the registration fee depending on square footage of a building. Mr. Godwin said the size of the building did not reflect the value of the building, and the $500.00 fee would stay in downtown to and help with grants to help those who needed financial assistance in helping keep their building safe. Mayor Clifford expressed concern about the violation being a misdemeanor criminal offense. Mr. Godwin said that was, true of every code the City had. City Attorney Stephanie Harris referenced it as being a criminal offense in the same sense of not mowing your grass, or getting a ticket, and she said there were a lot of due process provisions included, Council Member Portugal said it was time to either give up on cleaning the beautiful historic downtown or set some standards and do it. She said this had gone on for 40 years. Council Member Portugal said she supported this ordinance because downtown was ugly, except in spots, where caring owners had maintained their building or renovated it. She said if a person could not afford to own a building, they should sell it. Council Member Knox said she had lived in the downtown area for two-thirds of her life, and wanted to preserve downtown. She expressed concern about the violation being a criminal offense and someone being charged with a felony because a lot misdemeanor cases were stacked against them. Council Member Knox said the insurance firnits appeared to be too high. Ms. Harris advised Council these type misdemeanors were never going to be felonies, despite the number of misdemeanor cases a person was charged with. Council Member Knox said vacant buildings deteriorate at a much more rapid pace than occupied buildings. She also said it was not fair to someone who had invested a lot of money in their building and inventory and then had to worry about the neighboring building that was not maintained. Council Member Knox said she supported this, Council Member Trenado said he supported this wholeheartedly. He said the downtown was deteriorating and they needed to rnove forward with this. Regular Council Meeting April 23,2018 Page 8 Council Member Drake inquired who was going to oversee this. Mr. Godwin said code enforcement and the fire marshal, She wanted to know if this would result in a backlog in the Court. Ms. Hari -is said at this point they did not know what the case load would be like. Mr. Godwin reminded them it would only be a violation should the person refuse to do what they were supposed to do. Mayor Clifford said he did not believe that the buildings behind the Farmers Market and other buildings should fall under this ordinance. He said he thought the Central Downtown District is what everyone was referencing. Mayor Clifford expressed concern that if they were not careful, they would pass an ordinance that was so far reaching that these provisions would apply to one story little houses in the Central Area District. He said the Central District went all the way to CVS and covered both sides of Pine Bluff, and that some of those buildings were not historic. Mr. Godwin said it was not his expectation that they would go all the way east of CVS, HPC Chairman Chris Dux suggested this cover only the Comi-fiercial Historic District, Mayor Clifford said lie did not have a problem with that, Mr. Dux reported lie checked with insurance companies and learned for most of downtown buildings, depending on square footage, insurance would cost any -where from $500.00 to $2,500 per year for coverage. Mayor Clifford said he thought the Council was in agreement that they would like to see the bulk of this ordinance passed, but limit the area to the Central Historic District, Following additional discussion, it was a consensus of the City Council the area be limited to the Downtown Historic Overlay District One. A Motion to create a new registration program for vacant buildings in the Downtown Historic Overlay District One was made by Council Member Trenado and seconded by Council Member Portugal. Motion carried, 6 ayes — 0 nays, 18. 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 govenimental 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: American Spiral Weld. Mayor Clifford convened City Council into executive session at 5:43 p.m. 19. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Clifford reconvened City Council into open session at 8:05 p.m. Mayor Clifford said City Council met with PEDC and discussed restructuring the incentive agreement for Spiral Weld. A Motion to accept the changes to the agreement stipulated by Mr. Paris was made by Regular Council Meeting April 23,2018 Page 9 Mayor Clifford, and seconded by Council Members Knox and Portugal. Motion carried, 6 ayes — 0 nays. 20. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Council Member Knox said she had been on the Council almost a year and she said they needed to evaluate the three staff members, and thought they were late in doing so. She recommended they have a special meeting to conduct evaluations of the three staff members. She said they usually do them in January and they were overdue, She proposed meeting on May 7. It was a consensus of City Council to do so. Council Member Knox asked that the evaluation forms be e-mailed to them. Mayor Clifford said he had been contacted about vehicles going too fast in parks, specifically Wade Park. He asked staff to submit something about placing speed humps in parks to the Traffic Commission to get their input. 21. Adjournment. There being no further business, a Motion to adjourn was rnade by Mayor Clifford and was seconded by Council Member Knox. Motion carried, 6 ayes — 0 nays. The meeting was adjourned at 8:10 p,m. _ ..... _ '5 STEV CLIFF D., MAYOR ANICE ELLIS,, C