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04-26-2021MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS April 26, 2021 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, April 26, 2021, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor Pro -Tem: Paula Portugal Council Members: Renae Stone; Reginald Hughes; Gary Savage; Linda Knox; and Clayton Pilgrim City Staff: Grayson Path, City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson; Finance Director; Randy Tuttle, Interim Police Chief; Russell Thrasher, Interim EMS Director; M.A. Smith, Public Works Director; and Clyde Crews, Fire Marshal Absent: Mayor: Steve Clifford O ening Agenda 1. Call meeting to order. Mayor Pro -Tem Portugal 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. Citizens' forum. No one spoke during citizens' forum. Consent A enda Mayor Pro -Tem Portugal 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 Savage and seconded by Council Member Hughes. Motion carried, 6 ayes — 0 nays. 5. Approve minutes from the meeting on April 12, 2 02 1. Regular Council Meeting April 26, 2021 Page 2 6. Receive reports and/or minutes from the following boards and commissions: a. Historic Preservation Commission (3-10-2021 & 3-17-2021) b. Main Street Advisory Board (3-10-2021) c. Paris Economic Development Corporation (3-16-2021) d. Housing Authority of Paris (2-16-2021) 7. Receive March monthly financial report. 8. Receive March drainage report. 9. Receive demolition and code enforcement activity reports. 10. Approve the replat of Lots 29, 30 and 31, of the Stone Ridge No. 8 Addition, LCAD Property 126270, 126670 and 127019, located in the 4600 Block of Boulder Ln. 11. Approve the Final Plat of Lot 1, Block A of the Welch Addition CB 69A, LCAD Property 14645, 14646 and 14647, located at 530 N.E. l Ot" Street. 12. Approve a 30 -day extension for the Norment 147 Addition Preliminary & Final Plat for the Planning & Zoning Commission to review. Re alar Agenda 13. Discuss, conduct a public hearing, and act on an Ordinance considering the petition of Rebecca Haralson, Executrix of George Jennison Estate for a change in zoning from a One -Family Dwelling District No. 2 (SF -2) to an Office District (0), in the Morningside Estates. A Motion to remove this item from the table was made by Council Member Pilgrim and seconded by Council Member Knox. Motion carried, 6 ayes — 0 nays. City Planner Andrew Mack said staff was recommending that this be referred back to the Planning & Zoning Commission. He explained at the last City Council meeting that some direction was provided to staff in terms of reviewing Zoning Ordinance matrix of permitted, special and prohibited uses in the Office District. Mr. Mack said given this direction, staff believes further review is warranted by the Planning Commission with regard to the ordinance district provisions. He also said the two subjects were indirectly linked as related subjects, so the suggested course of action was to ask Council to refer both matters back to the Planning Commission. Council Member Savage inquired if the people in the vicinity of this property would be notified when the item comes back up. Mr. Mack answered in the affirmative, and stated the exact same procedure would be followed. Regular Council Meeting April 26, 2021 Page 3 Mayor Pro -Tem Portugal opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. Cal Reep, - 3760 Dawn, he said he and his partner Ryan Adams were currently under contract on this property and were set to close on May 11. Ken Kohls, 3935 Brandyn Place — he said he was against the zoning change on this property, and expressed concern about location of dumpsters and access to the property. Larry Schenk, 3765 Dawn — he said he shared Mr. Kohl's thoughts and hoped this would get settled. With no one else speaking, Mayor Pro -Tem Portugal closed the public hearing. A Motion to refer this item back to the Planning and Zoning Commission for further review was made by Council Member Savage and seconded by Council Member Pilgrim. Motion carried, 6 ayes — 0 nays. 14. Discuss, conduct a public hearing and act on ORDINANCE NO. 2021-010: AN ORDINANCE 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 OF PARIS, BLOCK 100-A, LOT 5, LOCATED AT 1040 N.W. 7TH STREET, FROM A COMMERCIAL DISTRICT (C) TO A ONE -FAMILY DWELLING DISTRICT NO. 3 (SF -3); 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 Planner Andrew Mack explained Mary Lawrence was requesting a change in zoning from a Commercial District to a One -Family Dwelling District No. 3. He said she was a City of Paris HOME program applicant and was eligible to have her home reconstructed. Mr. Mack also said the Planning and Zoning Commission voted to approve this zoning change and staff also recommended approval. Mayor Pro -Tem Portugal opened the public hearing and asked for anyone wishing to speak about this item, to please come forward. With no one speaking, Mayor Pro -Tem Portugal closed the public hearing. A Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Knox. Motion carried, 6 ayes — 0 nays. 15. Discuss and provide direction on the City's fence regulation ordinance (Ordinance No. 2008-008). Andrew Mack, Director of Planning & Community Development, presented to the Council a three-part summarization of the research he and the Building Official, Roger Colson Regular Council Meeting April 26, 2021 Page 4 had been reviewing since the previous Council meeting. He said the three areas regarding fencing regulations consisted of whether or not a permit should be required for a fence in a residential area, the height requirements of the fence, as well as which way the finished, or post - side, of the fence is to be facing. Mr. Mack stated that the department had reached out to eleven surrounding cities inquiring about their fencing codes and regulations. After hearing back from most of these other communities, Mr. Mack concluded that the majority of the cities either did not require a permit for a fence under a certain amount of feet, or if they did, they did not specify which direction the posts of the fence should be facing. He also said in regards to the property lines, it should be the responsibility of the home owner who is erecting the fence to know where the property lines are, not the City. Mr. Mack mentioned there were other cities that specified this in their city's ordinance and suggested it might be wise to add into the proposed draft. In regards to the height requirements, Mr. Mack stated that most of the other communities allowed up to eight foot high fences, except for one that had the restriction of no taller than six feet if on a roadway or corner lot. All fences over seven feet have an ICC structural analysis requirement. Mr. Mack stated that there was only one community that required the "finished" side of the fence must face outwards, and if Council wished to deregulate the fence permit requirements, he will begin preparing a draft. Mayor Pro -Tem Portugal said she was in favor of doing away with the permitting, except perhaps in the Historic District and in cases where there was a swimming pool. She said she was also in favor of the home owner choosing which side of the fence to face outwards, except for the side that faces the street, which should be the finished side. Council Member Pilgrim asked about a circumstance where a fence taller than eight feet may be required, such as where the part of the property slopes lower than the house. Mr. Mack told the Council that example would be a good case for a variance, as it would be an unusual situation. Mr. Pilgrim said that he was in support of deregulating the fence ordinance, and if the City needs to add a safety measure into the ordinance then that was fine. Council Member Savage said that he supported deregulating fences under seven feet tall. Council Member Stone asked if there had been any concerns or complaints from the neighbors about Mr. Randy Hider's fence. Mr. Mack said that the initial concern and complaint came from a neighbor of Mr. Hider's about the height of the fence; it was not until they were on site to look at the height that they noticed the fence was being built the wrong direction and that no permit was on file. Ms. Stone asked why city staff does not support making this change and if Mr. Hider was going to have to go back and redo the section of his fence that is not to code. In his research, Mr. Mack noted there was only one community that he noticed that required the property owner to go back and fix the incorrect portion and he believed that was too harsh of a requirement as it would add a substantial cost to the home owner. Council Member Linda Knox asked if anyone knew the reasoning why the Council wrote the current ordinance the way they did back in 2008. Mr. Mack said he did not know but what was more concerning was that the ordinance had been poorly enforced since that time. Regular Council Meeting April 26, 2021 Page S Council Member Savage asked if it would be okay for the home owner to cover the posts with the same material of the fence so that the posts do not show. Mr. Mack said that was a good question and something to consider writing into the code if they choose to, noting that the posts were there for structural support. Mr. Mack said he believed there were several people in the audience who wanted to speak about this subject. Richard Thompson — 3206 Bonham Street, he stated the City of Paris needed to update the way the system works, as it seems to be based on whoever complains the most. James O'Bryan — 3150 Bonham Street, he said the City needed to get creative about solutions for handling these types of situations and that security should be the concern of the property owner, not City Council. He also brought up a concern with security cameras and privacy. Cheyney Bryan — 2565 Clark Lane, owner of Bryan Fence Co., he said he whole- heartedly agrees that the "pretty side" of the fence should be facing the street. He said his company has done that for 20 plus years and will continue to do so, however his concern is if he as the contractor has to start telling his customers which way their fence has to go, he will lose a lot of business. He then presented a "non -climb" rail for fencing around pools for City Council to examine. Randy Hider — 1110 Church Street said this was a good example of a positive experience to reevaluate the ordinance. He said he was very happy with his fence. Mr. Mack told the Council he has a clear direction of what to begin preparing, and that the City would not proceed with any stop work orders for fences until the outcome of the updated ordinance is decided. Council Member Savage said he was open to suggestions from Mr. Mack in order to make sure the code is consistent. Council Member Knox asked what would happen next, to which Mr. Mack said he would begin preparing a draft ordinance, schedule a public hearing, and publish the notice in the newspaper just like a typical code amendment. He said the draft would include eliminating the need for a fence permit for any fence in a residential area that is less than seven feet tall, except when facing the street, or public right-of-way. James O'Bryan offered his support in working with the Council on options for adoption or rejection regarding the security cameras. 16. Discuss and act on ORDINANCE NO. 2021-011: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO FRANK FRIESEN, OWNER OF TURN KEY DUMPSTER RENTAL FOR THE PURPOSE OF ENGAGING IN THE Regular Council Meeting April 26, 2021 Page 6 BUSINESS OF COLLECTING AND/OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Clerk Janice Ellis explained that that the Code of Ordinances required anyone who collects and transports solid waste in the City must first obtain a permit. She said Frank Friesen, owner of Turn Key Dumpster Rental, had filed an application, submitted the required insurance, and staff recommended approval of an ordinance authorizing the permit. A Motion to approve this item was made by Council Member Hughes and seconded by Council Member Pilgrim. Motion carried, 6 ayes — 0 nays. 17. 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 governmental 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: Project Fast Track. Mayor Pro -Tem Portugal convened City Council into executive session at 6:27 p.m. 18. Reconvene into open session and possibly take action on those matters discussed in executive session. Mayor Pro -Tem Portugal convened City Council into open session at 6:55 p.m. and said no action was required. 19. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Council Member Stone said City Manager Grayson Path's one year anniversary with the City was the following day. She congratulated Grayson. Mayor Pro -Tem Portugal said she would like to discuss the employee evaluations and a process and the next meeting. Mr. Path confirmed with Mayor Pro -Tem Portugal this would be evaluations for the City Manager, City Attorney and City Judge. Regular Council Meeting April 26, 2021 Page 7 20. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Savage and was seconded by Council Member Hughes. Motion carried, 6 ayes — 0 nays. The meeting was adjourned at 6:56 p.m. 11111111111! ?6u� " / ... ---- .... ........ ,...... .... d -" PAULA PORTUGAL, NWORpRO-TEM •.-o e LLIS, ClS oCL A