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05 - City Council MinutesItem No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS January 28, 2019 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, January 28, 2019, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Absent: O enin g Agenda, Mayor: Steve Clifford Council Members: Renae Stone; Billy Trenado; Linda Knox; Paula Portugal; and Clayton Pilgrim City Staff: John Godwin, City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Bob Hundley, Police Chief; Thomas McMonigle; Assistant, Fire Chief; Carla Easton, City Engineer; Priscilla_ `McAnally, Library Director; Kent Klinkerman, EMS Director; Jerry McDaniel, Public Works Director; and Clyde Crews; Fire Marshal Council Member: Derrick Hughes Call meeting to order. Mayor Clifford called the meeting to order at 5:30 p.m. 2. Invocation. Finance Director Gene Anderson gave the invocation. 3. Pledge of Allegiance. Mayor Clifford led the pledge. 4. Citizens' Forum. James O' Bryan, 3150 Bonham Street — he expressed his appreciation to the City Council and staff for addressing his recent issue, and said he looked forward to working with everyone on updating the rest of the ordinances. Consent Agenda Mayor Clifford inquired of Council Members if they wished to pull any items from the consent agenda for discussion. Mayor Clifford pulled item 12 for public information purposes. Regular Council Meeting January 28, 2019 Page 2 Mayor Clifford said City Council had recently approved the hotel motel tax increase but after hearing from the attorney, they learned that there needed to be a designation of the venue project. Mayor Clifford, said the resolution would be sent to the State Comptroller and once the City heard back from the State, the proposition would need to go on a ballot for a vote by the citizens. A Motion to approve the consent agenda was made by Mayor Clifford, and seconded by Council Member Portugal. Motion carried, 6 ayes — 0 nays. Approve minutes from the meeting on January 14, 2019. 6. Receive reports and/or minutes from the following boards and commissions: (a) Paris Visitors & Convention Council Quarterly Activity & Financial Reports (b) Love Civic Center Quarterly Activity & Financial Reports (C) Historic Preservation Commission (12-12-2018) (d) Paris Economic Development Corporation (12-18-2018) (e) Paris Public Library Advisory Board (12-19-2018) 7. Receive the December 2018 financial report. 8. Receive December drainage report. 9. Receive demolition and code enforcement activity reports. 10. Approve'RESOLUTION NO. 20197,001: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ORDERING THE REGULAR MUNICIPAL ELECTION FOR THE CITY ORPARIS, TEXAS., TO BE HELD ON THE FIRST SATURDAY IN MAY 2019, SAME BEING THE,4Tx DAY OF MAY 2019, FOR THE PURPOSE OF ELECTING MEMBERS OF THE PARIS CITY COUNCIL IN DISTRICTS 4, 5, & 7 FOR THE ENSUING TWO YEARS; DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; AND DECLARING AN EFFECTIVE DATE. 11. Approve RESOLUTION NO. 2019-002: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING A CONTRACT BETWEEN THE CITY OF PARIS AND THE LAMAR COUNTY ELECTIONS ADMINISTRATOR TO ASSIST, COORDINATE, SUPERVISE AND HANDLE CERTAIN ASPECTS OF ADMINISTERING THE GENERAL ELECTION FOR MAY 4, 2019, FOR THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 12. Approve RESOLUTION NO. 2019-003: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DESIGNATING THE RENOVATION, REPAIR AND OTHER IMPROVEMENT OF THE CITY'S LOVE CIVIC CENTER AS A "VENUE PROJECT" UNDER CHAPTER 334 OF THE TEXAS LOCAL Regular Council Meeting January 28, 2019 Page 3 GOVERNMENT CODE; DESIGNATING THE METHOD OF FINANCING TO BE USED TO FINANCE THIS VENUE PROJECT; AND CONTAINING OTHER PROVISIONS RELATED TO AUTHORIZING THIS VENUE PROJECT. 13. Approve RESOLUTION NO. 2019-004: A RESOLUTION REQUESTING THE SHERIFF OR A CONSTABLE TO RE -SELL BID -OFF TAX PROPERTIES IN ACCORDANCE WITH THE TEXAS PROPERTY TAX CODE. Regular Agenda 14. Conduct a public hearing, discuss and act on ORDINANCE NO. 2019-004: 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 BLOCK 201, LOT 14, BEING LOCATED AT 2024 BONHAM STREET, IN THE CITY OF PARIS,. LAMAR COUNTY, TEXAS, FROM A ONE -FAMILY DWELLING DISTRICT (SF -2) TO A GENERAL RETAIL DISTRICT (GR); 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 explained the applicant requested a zoning change from Single Family to beneral Retail for operating a food,tr6ck, then eventually the construction of a restaurant. Mr. Godwin said this request was consistent with the future land use plan and that the Planning & Zoning Commission, as well as staff recommended approval. Mayor Clifford opened the public hearing and asked for anyone wishing to speak in support or opposition of this 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 Council Member Pilgrim and seconded by Council Member Portugal. Motion carried, 6 ayes — 0 nays. 15. Conduct a public hearing, discuss and act on ORDINANCE NO. 2019-005: 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 BLOCK 170-C, LOT 14- A, BEING LOCATED AT 2455 S. CHURCH STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) TO A COMMERCIAL (C) WITH A SPECIFIC USE PERMIT (SUP) FOR A SELF-SERVICE STORAGE FACILITY, 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. Regular Council Meeting January 28, 2019 Page 4 Mr. Godwin explained the applicant requested a zoning change from Commercial to Commercial with a Specific Use Permit for self -storage. He further explained that the applicant currently operates a carwash on this lot, which she plans to close and convert into a storage facility. Mr. Godwin said the Planning and Zoning Commission recommended approval, as did staff. Mayor Clifford opened the public hearing and asked for anyone wishing to speak in support or opposition of this 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 Council Member Trenado and seconded by Council Member Pilgrim. Motion carried, 6 ayes — 0 nays. 16. Conduct a public hearing, discuss and act on ORDINANCE NO. 2019-006: 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, BY AMENDING SECTIONS 13, "ACCESSORY BUILDING REGULATIONS," TO ADD SECTION 13-102, "REGULATIONS FOR ACCESSORY RESIDENTIAL DWELLING UNITS;" TO AMEND SECTION 22 TO ADD A DEFINITION OF ACCESSORY RESIDENTIAL DWELLING UNITS; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A :SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Godwin said Section 'a13 of the Zoning Ordinance$ regulates accessory buildings within the City, but prohibited accessory dwelling units in residential areas. He also said that the Planning and Zoning Commission discussed allowing accessory dwellings in residential areas but with certain restrictions. He explained the ordinance addressed lot size, zoning districts, setbacks, utility and metering restrictions, site planning, building lines, maximum height, structure size, building materials, driveway placement and parking. Mr. Godwin said the Planning and Zoning Commission and staff recommended approval of the ordinance. Mayor Clifford opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. With no one speaking, Mayor Clifford closed the public hearing. Council Member Portugal inquired if there was a limit to the number of accessory buildings that could be on a single property. Mr. Godwin explained that the size of the accessory could be no more than 35% of the size of the primary dwelling. Council Member Portugal asked how the City was going to enforce item 14. Mr. Godwin said staff would have to take the word of the people, as to whether or not those residing in the accessory dwelling were related to the residents in the primary residence. Council Member Pilgrim wanted to know if the 35% included a shop or garage. Mr. Godwin said it did not, but included only living space. Council Member Pilgrim also inquired about the accessory dwelling being located a minimum of fifteen feet from the primary dwelling, and said there were several accessory buildings on Church Street Regular Council Meeting January 28, 2019 Page 5 that were less than fifteen feet from the primary dwelling. Mayor Clifford questioned grandfathering of these structures. Mr. Godwin said the City would not make people take those down, and that they would be grandfathered. A Motion to approve this item was made by Mayor Clifford and seconded by Council Member Trenado. Motion carried, 6 ayes — 0 nays. 17. Discuss and act on ORDINANCE NO. 2019-007: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE CITY OF PARIS CODE OF ORDINANCES TO AMEND CHAPTER 7, "BUILDINGS AND BUILDING REGULATIONS," TO ADD ARTICLE IX, "MURALS IN THE DOWNTOWN HISTORIC OVERLAY DISTRICT;" MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, AND A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Mr. Godwin said staff had been workingon a mural ordinance for the downtown historic area for a couple of years and recently it became,,,,a high priority to complete it. He explained that all rnew murals and mural restorations would have to be reviewed and approved by the Historic Preservation Commission, which included its council, liaison as a voting member. Mr. Godwin said the Historic Preservation Commission and: staff recommended approval of this ordinance. A Motion to approve this item was made by Council Member Pilgrim and seconded by Mayor Clifford. ;Motion carried, 6 ayes — 0 nays. i 18.'11 Discuss and authorize a change order of the Church Street Construction contract, for construction from Hearne to'Clarksville, with Richard Drake Construction, reflecting an increase of $23,974.17. City Engineer Carl Easton said Richard Drake Construction (RDC) was reconstructing Church Street from Clarksville to Hearne. She also said construction began October 1, 2018 and wet weather had delayed paving operations. Ms. Easton explained RDC was requesting a time extension of twenty-nine days and staff agreed. She said RDC proposed a change to concrete paving to expedite its construction operations, and that Reggie Horton with RDC was available to answer any questions. Council Member Knox inquired about getting in touch with the residents on Church Street to receive their input. She said that some residents had expressed concern in the past about concrete and losing the green area. Council Member Knox said if appropriate, she would be happy to get in touch with some of the folks because they were her neighbors. Council Member Pilgrim agreed with Council Member Knox. He said he hated to stop projects but property owners needed to give their input, if there was going to be a change. Council Member Stone said the residents probably wanted to get it done but asked for delay to allow the residents a chance to give their input. RDC Representative Reggie Horton said they were not pushing Regular Council Meeting January 28, 2019 Page 6 either way. He said the issue with wet weather was they could not lay the asphalt, but with concrete they could start that in a week. Mayor Clifford said he was inclined to stay with asphalt. Council Members Pilgrim and Knox agreed with Mayor Clifford. A Motion to stay with asphalt was made by Council Member Pilgrim and seconded by Mayor Clifford. Motion carried, 6 ayes — 0 nays. 19. Discuss and act on RESOLUTION NO. 2019-005: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING A GRANT APPLICATION FOR FLOOD MITIGATION ASSISTANCE FOR PROPERTY LOCATED AT 2597 CLARK LANE, FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY. Ms. Easton explained that grant funds were available for eligible projects to reduce or eliminate risk of repetitive flood damage claims; and that FEMA offers a buy-out program for qualifying properties. She said the .property at 2597, Clark Lane iqualified for the program, and the owner had requested application. Ms. Easton also. said if the grant was awarded, FEMA would reimburse.all costs to purchase the propeity'and demolish the structure. Mayor Clifford wanted to know about, the chances of getting this grant, and Ms. Easton said she was told they were good because .of the qualifying number of claims made 'on this property. Council Member Portugal wanted to know who would;own this property. Ms. Easton said the City would and prior to allowing ;anything to be built there, the City could ensure it would be built above the 'flood level. A Motion to approve this item was :made by Mayor Clifford and seconded by Council Member 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. None were referenced. 21. Adjournment. There being no further business, a Motion to adjourn was made by Mayor Clifford and was seconded by Council Member Stone. Motion carried, 6 ayes — 0 nays. The meeting was adjourned at 6:02 p.m. STEVEN CLIFFORD, M.D., MAYOR JANICE ELLIS, CITY CLERK