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05 - City Council MinutesItem No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS March 25, 2019 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, March 25, 2019, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Council Members: City Staff: Steve Clifford Derrick Hughes; Renae Stone; Billy Trenado; Linda Knox; Paula Portugal; and Clayton Pilgrim John Godwin, City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Bob Hundley, Police Chief; Thomas McMonagle; Assistant Fire Chief Carla Easton, City Engineer; Priscilla McAnally, Library Director;, Kent Klinkerman, EMS Director; Doug Harris, Utilities Director; Jerry McDaniel, Public Works Director; and Clyde Crews; Fire Marshal a t Opening, .A )enda ; 1. 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. Council Member Hughes led the pledge. 4. A. Citizens' Forum. Larry Schenk, 3765 Dawn Drive — he expressed safety concerns about TxDOT's plan to close the current SE Loop 286 crossover, across from the Town Center shopping center. He said the Morning side exit was already treacherous and TxDOT's plan was to send traffic to Dawn Drive, which would cause additional wrecks. Anna Spencer, 1710-34a` N.E. — she referenced agenda item #16, and asked that the Council not approve the provision that limited the airport hangars to Lamar County residents only. Regular Council Meeting March 25, 2019 Page 2 Charles Whitley, 725 S.E. 35th Street — he also opposed closing of the crossover and diverting traffic to Dawn Drive. B. Proclamation declaring the month of March as Project Paris Pride. Mayor Clifford read the proclamation and presented it to Ms. Fleming and her students. Consent Agenda Mayor Clifford 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 Hughes, and seconded by Council Member Knox. Motion carried, 7 ayes — 0 nays. 5. Approve minutes from the meeting on February 25, 2019. 6. Receive reports and/or minutes from the following boards and'commissions: a. Airport Advisory Board (12'=20-2018 & 1-17-2019) b. Paris Public Library Advisory Board (1-16-2019) c. Planning & Zoning Commission (2-4-2019) d. Traffic Commission (11-.6-2018) e. Historic Preservation'Commission (2-13-2019) £ Main Street Advisory Board (2-12-2019) g. Paris Visitors & Convention Council (9-17-2018) h. Housing Authority (12-18-2018) i. Building & Standards Commission (2-18-2019) j. Paris Economic Development Corporation (2-18-2019) 7. Receive the February monthly financial report. 8. Receive February drainage report. 9. Receive demolition and code enforcement activity reports. 10. Approve the Final Plat of Lots 35, 36, 37, 38, 39 Block A of the Stone Ridge Phase 9 Addition, being located in the 4600 Block of Boulder Lane. 11. Approve RESOLUTION NO. 2019-011: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A PROCLAMATION DECLARING THE MONTH OF APRIL AS FAIR HOUSING MONTH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 12. Cancel the second city council meeting in May. Regular Council Meeting March 25, 2019 Page 3 Regular Agenda 13. Conduct a public hearing, discuss and act on ORDINANCE NO. 2019-013: 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, REGARDING USES IN THE GENERAL RETAIL AND COMMERCIAL ZONING DISTRICTS, BY AMENDING SECTION 8, "USE OF LAND AND BUILDINGS;" BY AMENDING SECTION 12-100, "SPECIFIC USE PERMITS;" 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 that most of the land use regulations described in the current zoning were old and out of date. With regard to general retail, he outlined the land uses removed, land uses added and land uses changed. Mr. Godwin also outlined the land uses removed and land uses added that pertained to commercial property. He said the Planning & Zoning Commission, as did staff recommended the amendments. 6 _ 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. A motion to accept the changes recommended by, the Planning & Zoning Commission was made by Council Member Knox and' seconded by Council Member Portugal. Motion carried, 7 ayes = 0 nays. 14. Conduct a public hearing, discuss and act on ORDINANCE NO. 2019=014: 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, TO ADD SECTION 30, "BUFFERING REGULATIONS; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Godwin said that a recommendation of the 2018 comprehensive plan was to require substantial buffering and screening to visually separate incompatible land uses. He said the Planning & Zoning Commission, as did staff recommended the amendments. 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. A motion to approve this item was made by Council Member Portugal and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. Regular Council Meeting March 25, 2019 Page 4 15. Discuss and act on an airport management contract and a flight based operator (FB) agreement at Cox Field. Mr. Godwin explained that the FBO and management agreements were both currently with J.R. Aviation, and one had expired and the other was soon expiring. Mr. Godwin further explained that the city staff and airport board had been addressing these agreements over the last few months, had looked at different options, and were recommending that the two new proposed agreements be approved. Mr. Godwin said the recommendation was for a term of five years for each agreement, which included an increase of net revenues from fuel sales by approximately $6,000 annually. Council discussed the possibility of one combined agreement, making the agreement for one year and putting this out for bid. J.R. Aviation owner Jerry Richey said they had been at Cox Field for thirty-one years and had never had any issues. He also said he planned to retire in five years and one year did not do him a lot of good. Co -manager Brandi Ebbs explained that if another FBO wanted to come in, they could do so but would have to put in their own fuel tanks. Mayor Clifford and Council Member Knox favored a one-year term, allowing for the bidding process. Based on J.R. Aviation's tenure of thirty-one years, 'Council Member Pilgrim supported the five-year contract, as did Council Member Hughes and Council Member Portugal. . } A motion to award the contracts to J.R., Aviation was made by Council Member Hughes and seconded by '.Council Member Stone. Motion carried, 5 ayes — 2 nays, with Mayor Clifford and Council Member Knox casting the dissenting votes. 16.` Discuss and act on amendments and enforcement of Hangar Leases at Cox Field. Mr. Godwin said ;the airport advisory board recommended changes to the standard city - owned hangar leases and updated lease rates for mosthangars. He explained that; the board wanted to remove persons without leases with the city, update all old leases to the new standard lease agreement, and require all leases with the city to be fully enforced or face revocation. Mr. Godwin said if there was no activity in a hangar for 180 days, the lease would be terminated. They also added in a Lamar County resident preference with the current lease holders being grandfathered. Mr. Godwin gave an example of current lease holders with old leases, such as those executed in 1994, would be required to execute a new lease and pay the rent pursuant to the new rates. Council Member Knox wanted to know if all of the hangars were owned by the city and Mr. Godwin said they were not. He said there were hangars that people built and leased ground space from the city for forty years. Council Member Knox inquired about people living in hangars. Mr. Godwin said he knew of one and many years ago a former staff member issued a permit allowing an apartment to be built in that privately owned hangar. Mayor Clifford inquired about the waiting list for city -owned hangars and Council Member Portugal said there were eighteen people on the waiting list. Mayor Clifford said he was opposed to limiting hangars to Lamar County residents only. Council Member Portugal said if the city did not open rentals up for everyone, it would look like Paris was closed for business. Council Member Pilgrim inquired about the effect on people who had offices in their hangars. Mr. Godwin said these amendments would not have an effect on the two currently at the airport, because they were running aeronautical type businesses. Regular Council Meeting March 25, 2019 Page 5 With the exception of number 8 (future tenants who maintain their primary residence in Lamar County shall have priority over those from outside the county), a motion to approve the amendments was made by Council Member Pilgrim and seconded by Council Member Portugal. Motion carried, 7 ayes — 0 nays. 17. Discuss process for annual evaluations of city employees reporting directly to council. Mayor Clifford said this was a procedural item and a slight alteration to how the city manager, city attorney and municipal judge were going to be evaluated by City Council. He asked that Council Member Portugal explain the process. Council Member Portugal said for those new to the Council last year, they felt pressure in getting everything done all in one night and not having time to review the forms. Council Member Portugal also said to be fair to the three employees they should give a thorough examination of their work. She said giving the employees measure of improvements needed and a pat on the back where due, would give each employee a tool they could use. Mayor Clifford said they would have some discussions in executive session, pass out the evaluation forms and begin evaluations. 18. 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 pending or contemplated litigation and/or 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: • Paris Regional Medical Center • 260 S. Main Street (Belford Apartments) Section 551.074 of the Texas Government Code, (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, as follows: • Annual evaluation of the city manager; • Annual evaluation of the municipal judge; • Annual evaluation of the city attorney. Mayor Clifford convened City Council into executive session at 6:22 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 6:47 p.m. He said they received legal advice from the city attorney on the item listed and began the evaluation process. Regular Council Meeting March 25, 2019 Page 6 20. Discuss and act on RESOLUTION NO. 2019-012: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS DECLARING ITS INTENT TO RELEASE A JUDGMENT AGAINST BOOMER TRENDS MAGAZINE, INC. RELATING TO CIVIL PENALTIES ASSESSED AGAINST THE PROPERTY LOCATED AT 260 SOUTH MAIN STREET, PARIS, TEXAS; FINDING A PUBLIC PURPOSE IN SUPPORT OF SAME; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mayor Clifford said this was necessary to allow for any sale of the Belford Apartments. He said there were over $20 million dollars in fines and penalties since August of 2012. Mayor Clifford proposed changes to the resolution, which included that the building be made safe or demolished within 18 months of purchase. He said they did not want to see this building sold and the new owner do nothing with it, and it sit there for a period of time. He said they needed a time requirement, and that should be made a condition of forgiveness of the penalties and fines. Mayor Clifford also said tax credits were available on this type of building, and he"would like a preference of restoration given. He also said he would like to propose to any buyer who restores they building, that not only do they forgive the ,fines and penalties, but commit to returning to them the minimum,,bid of $50,000 as an economic incentive, under a 380 agreement. He said this would only' be done upon stabilization ;and completely restoring the historic building. Council Member',Pilgrim inquired about the fail safe on the deed once the property is transferred to the new owner. Ms. Harris said there were no restrictions in the sheriffs deed of sale. She also said if the city enters into a 380 agreement with the buyer, it will be clear what the requirements are: Council Member Knox wanted to know what assurance they had that whoever buys the building doesn't just leave it sitting'there. Mayor Clifford said they would not have any guarantees. City Attorney Stephanie Harris said they still had a valid demolition order. Council Member Knox said she wanted to see in the resolution that the buyer had six months, to get the ground work done, because there was so much vegetation around the building. Mayor Clifford made a motion to approve the resolution pending the provisions discussed, which included the structure either be stabilized or demolished within 18 months, that the building should be completely fixed, in order to get the penalties and fines released; if the building is restored the owner will be given $50,000 in an economic incentive under a 380 agreement, and the vegetation must be cleaned up within six months of purchase. Council Member Portugal seconded the motion. Motion carried, 7 ayes — 0 nays. 21. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Mayor Clifford referenced the Council work session scheduled for March 30 and said he had a conflict, as did Council Member Hughes. Mayor Clifford suggested they try for April 6. Regular Council Meeting March 25, 2019 Page 7 22. Adjournment. There being no further business, a motion to adjourn was made by Council Member Hughes and was seconded by Council Member Pilgrim. Motion carried, 7 ayes ® 0 nays. The meeting was adjourned at 7:01 p.m. STEVEN CLIFFORD, M.D., MAYOR JANICE ELLIS, CITY CLERK