Loading...
05 - City Council MinutesItem No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS October 28, 2019 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, October 28, 2019, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Council Members: City Staff: Absent: Council Members Steve Clifford Renae Stone; Linda Knox; Paula Portugal; and Clayton Pilgrim Gene Anderson, Interim City Manager/Finance Director; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Bob Hundley, Police Chief; Thomas McMonigle, Interim Fire, Chief. � Clyde Crews Fire Marshal; Jerry McDaniel, Public Works Director, Carla Easton, City Engineer; Doug Harris, Utilities Director; and Priscilla McAnally, Library Director b Derrick Hughes and Billy Trenado I Opening Agenda,, 1. Call meeting to order. 4� i IT Mayor Clifford called the meeting to 'order at 5:30 P"M". 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Portugal led the pledge. 4. Citizens' forum. James O'Bryan, 3150 Bonham — complimented the City of Paris on the Festival of Pumpkins event. Carolyn Williams, 1205 W. Center — expressed appreciation for replacement of the streets signs, but said the stop signs needed to be replaced too. She said there was a vacant lot behind her apartments that was grown up and had a trailer house on it. She also said there was Regular Council Meeting October 28, 2019 Page 2 no running water. She further said there were houses that had been marked with orange tags and they were still standing five years later. Amanda Ballard, 640 12a' Street S.E. — she complained about traffic on the street and speeders. She asked if speed bumps could be installed and signs for children. She complained about drainage at 521 12'�' S.E. Troy McCloud, 651 12"' Street S.E., he said there was a drainage issue and when it rains a lot, that the cars speeding by splash water on his front porch. Consent A enda Mayor Clifford inquired of Council Members if they wished to pull any items from the consent agenda for discussion. Council Member Portugal asked that the Board of Adjustment (item 6g) minutes be pulled for discussion. Council Member Portugal referenced the structure fire at 322 17th N.E., and said the roof damage had been visible since the fire, which was over a year ago. She also said BSC`was just getting this case and said she did"not understand why it took over a year. Council. Member, Portugal said this was a public: safety issue, and that these type issues had been a concern for the City Council for more than six months. She said this house needed to be demolished. A`Motion to approve the consent agenda was made by Council Member Portugal, and seconded by,Council Member Pilgrim. Motion.. carried, 5 ayes — 1 nay, with Council Member Knox casting the dissenting vote. 5. Approve minutes from the meetings of October 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. Love Civic Center (8-8-2019) d. Paris Visitors & Convention Council (8-19-2019) e. Building & Standards Commission (9-23-2019) f. Library Advisory Board (9-18-2019) g. Board of Adjustment (9-10-2019) h. Paris Economic Development Corporation (9-17-2019) i. Main Street Advisory Board (9-10-2019) j. Airport Advisory Board (9-19-2019) 7. Receive September monthly financial report. 8. Receive September drainage report. 9. Receive demolition and code enforcement activity reports. Regular Council Meeting October 28, 2019 Page 3 10. Approve the Final Plat of Lot 1, Block A of the Stephens 195 Addition, located in the 3900 Block of FM 195. 11. Approve the Final Plat of Lot 1, Block A of the Haning EST Addition, located on Haning Drive a/k/a County Road 42640. 12. Approve RESOLUTION NO. 2019-037: A RESOLUTION APPROVING THE PRIVATE RE -SALE OF MULTIPLE TRACTS OF TAX FORECLOSED PROPERTIES, AND AUTHORIZING THE MAYOR TO EXECUTE DEEDS. Regular Agenda 13. Discuss and act on RESOLUTION NO. 2019-038: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE .EXECUTION OF ASSIGNMENT—OF AN AIRPORT GROUND; LEASE AGREEMENT BETWEEN COLIN MARINO AND THE CITY OF PARIS _ FOR PROPERTY AT COX FIELD AIlZPORT TO TEXBAMA 2, LLC, A TEXAS LIMITED LIABILITYCOMPANY; MAKING,' OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN :EFFECTIVE DATE.L City Engineer Carla Easton explained that Colin Marino had a 40 -year lease for aprivate hangar at Cox Field, and he wanted to assign the lease to TEXBAMA 2, LLC. She said that Colin Marino was a named partner of the corporation. A Motion to approve this item was; made by Mayor Clifford, and seconded by Council Members Portugal and Knox. Motion carried, 5 ayes — 0 nays. 14. Discuss, conduct a public hearing, and act on an Ordinance Designating a Certain Area as Tax Increment Financing Reinvestment Zone Number One and Establishing a Board of Directors for such Reinvestment Zone. Ms. Easton said they had been discussing this over the last year and that tax increment financing was a way to set aside future tax revenue for investment in an area. She said downtown had many infrastructure needs that often deterred development or redevelopment due to cost. She said a preliminary plan for Reinvestment Zone Number One had been prepared for consideration, which included a 30 -year term, a 2,176 acre zone, 50% of tax rate would be set aside, that $14.7 million was estimated in the fund over 30 years, and $25.5 million was estimated in potential project costs. Ms. Easton also said consultant Larry Kline was there to give City Council a presentation. Mr. Kline gave an overview of creating a tax increment reinvestment zone and explained tax increment financing. Mr. Kline answered questions from City Council and referenced the Project and Finance Plan document in their packets. Council Member Knox said it was not in their agenda packets. Council Member Pilgrim said he was uncomfortable passing this until he could review the information, as did other Council Members. City Attorney Stephanie Harris advised a public hearing needed to be conducted because it was advertised. Regular Council Meeting October 28, 2019 Page 4 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 asked questions of Mr. Kline about the TIFF Fund. Skipper Steely did not like the idea of collecting from several areas and spending the fund in only one area. Richard Thompson said this was going to cause problems. Brandon Alterro questioned this also. Mr. Kline said that was the area selected and in order to fund the project they had to get funds from other areas. Following additional discussion, Council Member Pilgrim again said he was not comfortable passing this item until they had an opportunity to review the financial document. Mayor Clifford said he would leave the public hearing open until their next meeting. A Motion to table this item was made by Council Member Pilgrim, and seconded by Mayor Clifford. Motion carried, 5 ayes — 0 nays. 15.' Discuss, conduct a public hearing, and act ,on an Ordinance regarding the petition of Mike Davidson and Kenneth Dority for a change in zoning from a Two-Faimily Dwelling District (2F) to a Multiple -Family Dwelling, District No. 1 (MF1), in the City of Paris, Block 112-B, Lots 8 and 9, located in the 600 'Block of S.E. 12th Street. t Ms. Easton said the proposed zoning change was to a Multi -Family Dwelling District for thea purpose of constructing multiple duplexes. She said the Planning & Zoning Commission recommended denial of this requested zoninzchange. Mayor Clifford opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. Troy McCloud and Amanda Ballard spoke iri opposition to this item, citing more traffic, noise and crime. With no one else 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 Portugal. Motion carried, 5 ayes — 0 nays. 16. Discuss, conduct a public hearing and act on ORDINANCE NO. 2019-042: 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 227-C, LOTS 1, 1A AND 113, LOCATED AT 1907, 1923, AND 1933 EAST BOOTH STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A TWO-FAMILY DWELLING DISTRICT (2F) TO A MULTIPLE -FAMILY DWELLING DISTRICT NO. 1 (MF -1); 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 October 28, 2019 Page 5 Ms. Easton said the proposed zoning change was to a Multi -Family No. 1 for the purpose of constructing a multi -unit complex. She said the Planning & Zoning Commission recommended approval of this zoning change. She also said there were drainage concerns expressed during the public hearing, and those concerns would be addressed during the development process. Ms. Easton said she believes the drainage problem was an existing one. Mayor Clifford opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. Judy Malone, 1975 E. Cherry spoke in opposition of this change, as did Brandon Alterro. Mayor Clifford said there was an acknowledgement of the current drainage problem, and the city engineer would be working with the developer. Developer Skyler Burchinal said he had a respect for E. Cherry, and that he owned a large amount of property on the street and in the area. He said he did not want to flood his own houses and in fact could create a water shed. Skipper Steely said his mother lived in the nearby apartment complex and there was a lot of water already going through there at a fast pace, as well as through Wade Park. With no one else speaking, Mayor Clifford closed the public hearing. Council Member Stone inquired of Ms. Easton if this waste against the plan. Ms. Easton said it was and should halvebeen changed when staff did the review. Council Member Portugal said this was inconsistent, as they, had just denied one. Council Member Knox said she had always been anadvocate for neighborhood revitalization but 'this one was a difficult one. Council Member Pilgrim said developing this piece o f property could improve the current drainage problem. Following additional discussion, a Motion to approve this item was made by Council Member Pilgrim, and seconded by Council Member Knox. Motion carried, 3 ayes — 2 nays, with Council Members Portugal and Stone casting the dissenting votes! 3 17. Discuss, conduct a public hearing and act on an Ordinance regarding the petition of the City of Paris, Texas to update Zoning Ordinance No. 1710 of the City of Paris, Texas, specifically modifying regulations for storage containers. Ms. Easton said the 2018 Comp Plan recommendation included proper regulation of container structures. She also said the use of shipping containers or similar portable storage units had become a popular trend, and were first used for temporary movable storage solutions. Ms. Easton reported that there were many locations where businesses and homeowners were choosing to utilize them as permanent outdoor storage, and it was important that the City set expectations where these units were appropriate within the community. Ms. Easton said the Planning and Zoning Commission approved the regulations as written 3-1. Council Member Knox inquired if this ordinance allowed for a metal container to be used in the backyard for a permanent storage, and Ms. Easton answered in the affirmative. Council Member Knox questioned why they would allow that. Ms. Easton said it would be allowed only if not visible from the street. Council Member Portugal was not in favor of this ordinance as written. Council Member Knox said a portable storage building was different from these metal containers, and should not be allowed in residential areas as permanent storage. Council Member Regular Council Meeting October 28, 2019 Page 6 Pilgrim said they had recently approved permitting for temporary type pods. Ms. Easton said ultimately staff needed something on the books to be able to address these containers. Council Member Pilgrim said he was okay with containers only being on commercial and industrial businesses, and if they were behind the building and out of view from the street. 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 said he was against this ordinance as written, and that it needed to contain definitions and specifics. He suggested they containers be allowed in residential backyards for storage if landscaped. Amanda Ballard said she would like to have one in her backyard. Chad Lindsey said when this was considered at the Planning and Zoning Commission they struggled with it and reached a compromise, which was the ordinance before them. Richard Thompson said legislature had recently changed and cities could no longer impose certain regulations regarding your homes. With no one else speaking, Mayor Clifford closed the public hearing. Council Member Portugal said she did not like this ordinance. Council Member Knox said she was not in favor of metal containers arid' Council Member Stone said 'she was not in favor of this ordinance. Following additional discussion, City Council favored an ordinance that prohibited metal containers from residences, but allowing them on commercial and' industrial properties only if they were not in view from the street..' Mayor Clifford asked the city, attorney to bring a revised''ordinance to them at their neid meeting.' Mayor Clifford re -opened the public& he,ring and `+continued it to the next meeting. A Motion to table4his item to the next meeting • was, made by Council Member Pilgrim, and seconded by Council Members Knox and Portugal. Motion carried, 5 ayes — 0 nays. ' 18 Discuss. and act on RESOLUTION NO. 2019-039:.`A RESOLUTION REQUESTING THE SHERIFF OR CONSTABLE TO RE -SELL BID -OFF TAX PROPERTIES IN ACCORDANCE WITH THE TEXAS PROPERTY TAX CODE. Interim City Manager Gene Anderson explained that the Westgate Apartments were in a state of disrepair, and that a District Judge signed an Agreed Default Judgment allowing the City to take the property to a tax sale. Mr. Anderson said the property has approximately $170,000 in tax and abatement liens against it and the lien amount would be the minimum bid allowed. He also said if the property was not sold at the tax sale, it would be bid off to the City. Mr. Anderson said the resolution before the Council authorizes the Sheriff or a Constable to then re -sell the property at public auction in the event it did not sell for the minimum bid or higher at the tax sale. Mr. Anderson explained in such a resale, a bid for less than the minimum tax sale bid may be accepted. Mr. Anderson said this resolution also included the re -sell of thirty-seven other bid - off properties at public auction. A Motion to approve this resolution as written was made by Council Member Pilgrim, and seconded by Council Member Portugal. Motion carried, 5 ayes — 0 nays. Regular Council Meeting October 28, 2019 Page 7 19. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. None were referenced. 20. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pilgrim and was seconded by Council Member Portugal. Motion carried, 5 ayes — 0 nays. The meeting was adjourned at 7:35 p.m. STEVEN J. CLIFFORD, M.D., MAYOR JANICE ELLIS, CITY CLERKLLJLL