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05 - City Council MinutesItem No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS May 13, 2019 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, May 13, 2019, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Steve Clifford Council Members: Renae Stone; Billy Trenado; Linda Knox; Clayton Pilgrim; 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; Mike Vogel; Fire Chief; Carla Easton-. City Engineer; Kenn Klinkerman, EMS Director. Doug,, Harris; Utilities Director; Priscilla McAnally, -Library Director; and Clyde Crews; Fire Marshal Absent: Council Member: Derrick Hughes a O `enin A ends 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 Stone led the pledge. 4. Citizens' forum. Carolyn Williams, 1205 W. Center Street — she complained about the streets, missing street signs and high grass. She said she received a certified letter about high grass, and she keeps her property cut. James O'Bryan, 3158 Bonham — he spoke about item number 12, and explained why he did not agree with subsection L as related to the lack of a requirement for restroom access. He referenced health reasons. Regular Council Meeting May 13, 2019 Page 2 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 Pilgrim, and seconded by Council Member Knox. Motion carried, 6 ayes — 0 nays. 5. Approve minutes from the meeting on April 22, 2019. 6. Receive reports and/or minutes from the following boards and commissions: (a) Paris Economic Development Corporation (3-19-2019) (b) Paris Public Library Advisory Board (3-20-2019) (c) Paris -Lamar County Board of Health (1-22-2019) (d) Planning & Zoning Commission (4-1-2019) (e) Airport Advisory Board (3-21-2019) 7. Approve the Final Plat of'Lots 1, 2, and 3, Block A (City Block 186) of the Paris Pregnancy Care Addition, located at 425 E. Houston. 8. Approve RESOLUTION NO. 2019-014: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS FINDING THAT ONCOR ELECTRIC DELIVERY COMPANY LLC'S APPLICATION FOR APPROVAL .TO AMEND ITS DISTRIBUTION'. COST 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. 9. Authorize the City Manager to execute a professional services agreement for grant application and administration services with Resource Management Consulting Co. for the anticipated 2019 TxCDBG FAST grant. Regular Agenda 10. Conduct a public hearing, discuss and act on 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 167, Block A, Lot 1, in the Newberry Addition, being located at 2805 S.E. 3rd Street, in the City of Paris, Lamar County, Texas, from an Agricultural District (a) to a Two -Family Dwelling District (217), 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 May 13, 2019 Page 3 City Manager John Godwin explained that applicant requested a zoning change for construction of duplex housing, but that the future land use plan calls for this lot to be zoned Commercial. Mr. Godwin said the surrounding property was currently used for single family residential, and that Planning and Zoning recommended denial of this request. 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 deny this zoning change request was made by Mayor Clifford and seconded by Council Member Trenado. Motion carried, 6 ayes — 0 nays. 11. Conduct a public hearing, discuss and act on ORDINANCE NO. 2019-017: AN ORDINANCE OF THE CITY OF PARIS, TEXAS, AMENDING THE CITY OF PARIS CODE OF ORDINANCES BY AMENDING CHAPTER 14, "FOOD AND FOOD ESTABLISHMENTS" BY CREATING ARTICLE IV, "FOOD TRUCKS AND FOOD TRUCK PARKS;" BY CREATING A NEW CHAPTER 28.5, "SMALL HOME PARKS;" BY AMENDING ZONING ORDINANCE NO. 1710 OF THE :CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, TO PROVIDE REGULATIONS FOR SMALL HOMES AND SMALL HOME PARKS AND TO PROVIDE REGULATIONS FOR FOOD TRUCKS AND FOOD TRUCK PARKS; PROVIDING A REPEALER CLAUSE; PROVIDING' A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Clifford clarified that items 11 and 12 were combined into one ordinance. City Manager John Godwin explained that the zoning ordinance did not provide minimum size housing in any districts, nor did it address tiny houses. He said this amendment would add small home and small home -park as land uses. Council Member Portugal said 700 feet was small, but was a good solution to needed housing. Mayor Clifford said he had seen small homes in other places and he liked that this ordinance protected neighborhoods. Council Member Knox inquired if there was discussion about revitalization of neighborhoods. Mr. Godwin said discussion did take place about an entire block or entire neighborhood of small homes. Council Member Stone said this would be good as long as the small homes or parks were in the proper setting. 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 Knox. Motion carried, 6 ayes — 0 nays. Regular Council Meeting May 13, 2019 Page 4 12. Conduct a public hearing, discuss and act on an Ordinance considering the petition of the City of Paris, Texas to update Zoning Ordinance No. 1710 of the City of Paris, Texas, specifically establishing regulations for mobile food units and food truck parks/courts. City Engineer Carla Easton said land use regulations were needed to appropriately manage the location of food truck operations, and the 2018 Comprehensive Plan acknowledged the need for regulations. Ms. Easton also said the proposed ordinance established requirements for temporary operations and permanent truck courts. Ms. Easton informed City Council that city staff met with a group of food truck owners to discuss the ordinance and gather feedback. Mayor Clifford inquired about fire inspections, and Ms. Easton said it was written to follow the fire code. Mayor Clifford expressed a concern that if city codes were applied to food trucks that the city would run them off. Ms. Easton said the intent was an annual inspection. 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 Stone inquired about : the noise from the trucks and Ms. Easton said there was a noise ordinance in place. Mayor Clifford mentioned a requirement of sound muffling devices on the truck generators. Council Member Stone wanted to know how they knew if a food truck was legal, and Ms. Easton said each truck should have a health :inspection sticker on it. Council Member Pilgrim asked Dr. O'Bryan about his suggestions jegarding restroom requirements. Dr. O'Bryan suggested portable restrooms and a portable hand washing facility be required at locations where food trucks park. 'He expressed concern about health and safety issues. ' Council Member Pilgrim wanted to know if there was optional language for subsection L that could address Dr. O'Bryan's concerns. Council Member Knox'asked Dr. O'Bryan what he wanted as a compromise in this ordinance. Dr. O'Bryan suggested,a portable handwashing station for temporary food trucks. Ms. Easton said the original ordinance contained a requirement, but that the Planning and Zoning Commission removed it. Following additional discussion, Council Member Pilgrim suggested they pass the ordinance as written, because the health department was doing inspections of the food trucks. Subject to a provision being added to require muffling type devices on the truck generators, a Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Trenado. Motion carried, 5 ayes — 1 nay, with Council Member Stone casting the dissenting vote. 13. Conduct a public hearing, discuss and act on ORDINANCE NO. 2019-018: 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, TO PROVIDE REQUIREMENTS AND REGULATIONS FOR SIDEWALK CONSTRUCTION; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; Regular Council Meeting May 13, 2019 Page 5 PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Ms. Easton said that current subdivision regulations do not require sidewalk construction with development projects. Ms. Easton said staff was proposing to amend the regulations to include construction of sidewalks with all new development and substantial redevelopment projects. She also said requiring sidewalks would comply with the Federal ADA standards and the City's Comprehensive Plan. Mayor Clifford said he was in favor of sidewalks but was concerned this requirement would discourage development. Mayor Clifford opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. James O'Bryan, 3150 Bonham Street, said he agreed with Mayor Clifford but that he voted to approve this item, because of persons with disabilities. Dr. O'Bryan also said concrete only cost $5.00'a foot and it did not cost that much to build a sidewalk. Chad Lindsey, 1050 S.E. 29th Street, said the developer could build the sidewalk at the time the house was built. With no one else speaking, Mayor Clifford closed the public hearing. Council Member Knox said she lived on a very busy street, and some streets needed sidewalks so that people did not have to walk in the street. Mayor Clifford suggested that maybe the City put sidewalks on heavily travelled streets. Mr. Godwin said the City was already doing that, in compliance with ADA requirements. Council Member Portugal said if there was prime property in the City, the developers will build whether or not sidewalks were required. Council Member Stone said sidewalks were needed for safety reasons. A Motion to approve this item was made by Council Member Knox and seconded by Council Member Portugal. Motion carried, 4 ayes — 2 nays, with Council Member Pilgrim and Mayor Clifford casting the dissenting votes. 14. Discuss and act on RESOLUTION NO. 2019-015: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF AGRICULTURE FOR THE FIRE, AMBULANCE AND SERVICES TRUCK FUND; AND AUTHORIZING THE MAYOR AND/OR CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Mr. Godwin explained that the City was eligible to apply for a grant through the Texas Department of Agriculture Community Development Block Grant, which would provide funds for the purchase of fire and ambulance service vehicles. He said the application was for $500,000 for purchase of a new fire engine and equipment, and the total price was approximately $770,000. Regular Council Meeting May 13, 2019 Page 6 A Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Portugal. Motion carried, 6 ayes — 0 nays. 15. Discus and act on RESOLUTION NO. 2019-016: A RESOLUTION CANVASSING A HOTEL OCCUPANCY TAX ELECTION. A Motion to approve this item was made by Mayor Clifford and seconded by Council Member Pilgrim. Motion carried, 6 ayes — 0 nays. 16. Discuss and act on RESOLUTION NO. 2019-017: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACKNOWLEDGING THE RESULTS OF PRIOR COUNCIL ACTION AND DECLARING CANDIDATES FOR COUNCIL DISTRICTS 4, 5, AND 7 ELECTED TO OFFICE AS A RESULT OF HAVING BEEN UNOPPOSED FOR ELECTION TO OFFICE; DECLARING THE TERMS OF OFFICE FOR THE AFORESAID CANDIDATES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. A Motion, to approve this item was made by Mayor Clifford and seconded by Council Member Trenado. Motion carried, 6 ayes — 0 nays. 17., Issuance of Certificate of Election; Administer Statement of Elected Officer to Council Members; and Administer Oath of Office to newly, elected Council Members. City Clerk Janice Ellis administered the Oath of,Office to Council Members Clifford, Knox and Portugal. 18. Election by City Council of Mayor and Mayor Pro Tem to serve the City of Paris for the next year. Mayor Clifford opened the floor for nominations of mayor. Council Member Trenado nominated Steve Clifford for mayor. There being no other nominations, Mayor Clifford closed the floor and called for a vote. Steve Clifford was elected to serve as mayor, 6 ayes - 0 nays. Mayor Clifford opened the floor for nominations of mayor pro -tem. Council Member Knox nominated Paula Portugal for mayor pro -tem. There being no other nominations, Mayor Clifford closed the floor and called for a vote. Paula Portugal was elected to serve as mayor pro - tem, 6 ayes — 0 nays. 19. Convene into executive session pursuant to 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: 0 Annual evaluation of the municipal judge; Regular Council Meeting May 13, 2019 Page 7 • Annual evaluation of the city attorney. Mayor Clifford convened City Council into executive session at 6:38 p.m. 20. Reconvene into open session and possibly take action on those matters discussed in executive session. Mayor Clifford reconvened City Council into open session at 8:09 p.m. 21. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Council Member Trenado inquired about scheduling of the work session. Mr. Godwin said staff had been attempting to schedule this for several months and just needed a date. Following a brief discussion, it was a consensus :that the work session would take place" on Monday, June. 17 at 4:00 p.m. I Council ik Member Knox requested a status report on vacant buildings and the landlord/tenant item that was passed. A P 222: Adjournment. There being no further business, a Motion to adjourn was made by Mayor Clifford and was seconded by Council Member Pilgrim.,' Motion carried, 6 ayes — 0 nays. The meeting was adjourned at 8:.10 p.m. STEVEN CLIFFORD, M.D., MAYOR JANICE ELLIS, CITY CLERK