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07-26-2021MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS July 26, 2021 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, July 26, 2021, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Paula Portugal Mayor Pro -Tem: Reginald Hughes Council Members: Renae Stone; Gary Savage; Mihir Pankaj; Linda Knox; and Clayton Pilgrim City Staff: Grayson Path, City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Richard Salter, Police Chief, Russell Thrasher, EMS Director; M.A. Smith, Public Works Director; Andrew Mack, Director of Planning & Community Services; Clyde Crews, Fire Marshal; and Sandy Collard, HR Director O . enin A enda 1. Call meeting to order. Mayor Portugal called the meeting to order at 5:30 p.m. 2. Invocation. Finance Director Gene Anderson gave the invocation. 3. Pledge of Allegiance. Mayor Pro -Tem Hughes led the pledge. 4. Citizens' forum. James O'Bryan, 3150 Bonham — he said he knew policies and rules changed but that sometimes the changes that happen that affect citizens are not fair. Bill Madding, 2225 36a' N.E. — he said he was concerned about having multiple family dwellings on 30h N.E., because it was already a high traffic street and there were over 50 pot holes. Regular Council Meeting July 26, 2021 Page 2 Bret Ables, 2005 37'x' N.E. — he said he lived directly behind the area in which multi- family dwellings were proposed. He said it was a successful area and questioned why that area would be placed in jeopardy. Consent A enda Mayor Portugal asked that item 12 be pulled and said Council Member Pankaj had asked to be recused from item, because he had a conflict. A Motion to recuse Council Member Pankaj was made by Council Member Savage and seconded by Council Member Pilgrim and Knox. Motion carried, 6 ayes — 0 nays. 12. Approve the Final Plat of Lot 1, Block A of the Mihir Pankaj 318 Addition, LCAD Property ID 18785, located at 3143 N.E. Loop 286. Council Member Pilgrim inquired if this plat was approved by the Planning & Zoning Commission, and City Planner Andrew Mack answered in the affirmative. A Motion to approve the plat was made by Council Member Pilgrim and seconded by Council Members Savage and Knox. Motion carried, 6 ayes — 0 nays. A Motion to return Council Member Pankaj to the meeting was made by Council Member Pilgrim and seconded by Council Member Hughes. Motion carried, 6 ayes — 0 nays. Mayor Portugal inquired of Council Members if they wished to pull any additional items from the consent agenda for discussion. Council Member Pankaj pointed out that the agenda reflected the corrected minutes were written as July 28, 2021. Ms. Ellis confirmed that the actual minutes in the packet were for June 28, 2021, and the agenda wording was a typo. Mr. Pankaj also said item 13, last line should read or instead of on. There being nothing further, a Motion to approve the remainder of the consent agenda with corrections was made by Council Member Pilgrim and seconded by Council Member Pankaj. Motion carried, 7 ayes — 0 nays. 5. Approve corrected minutes from the meeting of June 28, 2021, and corrected Resolution No. 2021-019. 6. Approve minutes from the meeting on July 12, 2021. 7. 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. Building & Standards Commission (6-21-2021) d. Paris -Lamar County Health District (4-19-2021) e. Airport Advisory Board (5-20-2021) f. Main Street Advisory Board (6-8-2021) g. Historic Preservation Commission (6-9-2021) h. Paris Economic Development Corporation (6-15-2021) 8. Receive June monthly financial report. Regular Council Meeting July 26, 2021 Page 3 P. Receive June drainage report. NIMIN 11. Approve an Airport Ground Lease Agreement with Charles McNeal, for construction of a new airplane hangar at Cox Field Airport. 12. Approve the Final Plat of Lot 1, Block A of the Mihir Pankaj 318 Addition, LCAD Property ID 18785, located at 3143 N.E. Loop 286. 13. Approve the Final Plat of Lot 1, Block A of the Hines Addition, LCAD Property ID 15201, located at 541 N.W. 1 Ith Street. 14. Approve withdrawal of the peton of Clint and Crista Lumpkin on behalf of Mac and Tewabeck Mekonnen for a Specc Use Permit (SUP) for Commercial Amusements (Indoor) in the General Retail District (GR), City of Paris, Block 219, Lots 3, 4, and 5, located at 1800 Lamar Avenue, Suite 160, LCAD 17378. 15. Discuss, conduct a public hearing and act on an Ordinance considering the petition of the City of Paris to adopt an Ordinance amending the Zoning Map for Brownwood Addition from a Multi -Family Dwelling District No. I (MF -1) to a One -Family Dwelling District No. 2(SF-2) and a zoning map amendment to the Davenwick, LLC property LCAD 116525 from a Multi -Family Dwelling District No .2 (MF -2) to a One -Family Dwellin.Q District No. 2 (SF -2). Planning Director Andrew Mack explained that an Ordinance amending the zoning map was established in 1983 for a 25.03 acre tract of land from Agricultural and Light Industrial tu Multiple -Family District No. 1. He said the Brownwood Addition was later developed in the late 1999 to early 2000s with single-family homes. Mr. Mack said following the P&Z meeting on June M, 2021, the City of Paris initiated a zoning map amendment for this area to maintain the character of the neighborhood consistent with the Comprehensive Plan and existing developed single family land uses. He said a hearing was held by P&Z on July 6, 2021 and they heard utb%snumberof7 ,jroj, owners, both in fivor and 0 1111 RTIQ r4IM am M-11 MW He said the Planning & Zoning Commission unanimously recommended denial of the application they initiated. He also said that no objections were made to the rezoning of the developed single family lots in the Brownwood Addition. Due to the fact that the hearing was published as a single action item, the changes could not be altered to remove the 3.6 acre unplatted tract from the rezoning action so P&Z recommended to deny. Based upon the Commissions' action, Mr. Mack said staff subsequently initiated withdrawal of the application now before the City Council for acceptance. He said the rezoning of only the %' 1! Regular Council Meeting July 26, 2021 Page 4 Subdivision single family lots were advertised as a new hearing and a second round of notices were mailed out. He also said the new hearing would be conducted by the P&Z on August 2nd. Mayor Portugal opened the public hearing and asked anyone wishing to speak in support or opposition of this zoning change, to please come forward. Angie Gifford — 3765 Eagle Bend Drive in Brownwood, presented the Council with a petition of over 80 signatures of people asking that Brownwood, plus the Davenwick parcel be zoned as single family only. Vickey Hilliard — 3760 Woodland Lane, she stated she was very disappointed that the Planning and Zoning Committee did not support the request of the director and approved the zoning change. She stated that homeowners adjacent to the potential two or three story homes would lose their privacy. Ms. Hilliard also stated this could also cause potential drainage issues, traffic problems, as well as more noise, trash, and crime that tenants would bring in. James O'Bryan, 3150 Bonham — he said this was confusing, and questioned if the City was withdrawing its request to rezone the Davenwick parcel. Mr. Mack said the Planning & Zoning Commission denied the City's request and the City was withdrawing its request for rezoning the Davenwick parcel. Council Member Pilgrim said the City Council had three options which were to allow the withdrawal, deny the request or approve the request. Roy Henderson, 3751 Eagle Bend — he said they already had problems with water draining on the backside of the property and that the ditches were not wide enough to handle more water. Bill Madding — he said the roads were already a problem and runs across the road. He encouraged to change everything to single family. Cody Sexton — spoke in favor to change the area to single family dwelling, and encouraged City Council to overturn the P&Z's decision because of privacy issues and more traffic. Cleonne Drake, 2501 Simpson — she spoke in support of single family dwelling for her sister who recently moved to Brownwood. Tuesday Smallwood Chadwick, 1040 Canon —'she said they purchased the property five years ago as currently zoned. She said they were not planning to put up four story apartment buildings. She said she was a doctor, and had lived in nice rental property and they planned to build nice rental properties. Beth Gilbert, 3735 Eagle Bend — she spoke in favor of rezoning the area to single family and said drainage was already an issue. Regular Council Meeting July 26, 2021 Page 5 Mayor Portugal asked for everyone who was in favor of rezoning the Davenwick property to single family to please stand. Mayor Portugal asked for everyone who was in opposition of rezoning Davenwick to single family to please stand. Bill Sanders, 3375 Eagle Bend — he said he understood the property owners' positions but it was not right. He said it should all be single family and expressed his concern about rental property decreasing the value of their homes. Bret Ables — he said he was sure Bobby Smallwood would build something nice, but this was their community and urged them to look at the faces of the people who were attendance and realize these are their homes. John Chadwick, Powderly — he said he purchased the property as an investment and their name spoke for itself. He said he and his brother spent a lot of time looking at maps and property. He said it was zoned MF2 when they purchased the property. He said there will not be more criminal activity and there will not be more trash. He said there were no facts to support that. He said when they develop the property they will put in property drainage. Richard Thompson — he supported rezoning of single family dwelling to all of the property. With no one else speaking, Mayor Portugal closed the public hearing. Council Member Stone inquired of Mayor Portugal if she was going to recuse herself since she lived in the neighborhood, and said in her opinion it was a conflict for Mayor Portugal. Mayor Portugal said no, she was not going to recuse herself and it was not a conflict. City Attorney Stephanie Harris said the ordinance did not rise to create a conflict of interest for Mayor Portugal. Council Member Pankaj said he would like to send this back to Planning & Zoning so that the citizens could be heard by the Commission because the citizens did not appear before the Commission. Council Member Knox supported the idea of staff meeting with developers to find out about their plans. Mayor Portugal said she was pleased to see they were considering patio homes in the brochure Mr. Chadwick passed out at this meeting. Council Member Savage said he was not going to suggest what people should build on their lots. He inquired how this zoning request came about. Ms. Harris said the City could initiate on its own a zoning change. Council Member Pilgrim said he understood everyone's opinion and was against changing the Davenwick property because they bought it as a MF -2. He also said that Mr. Mack would see that the codes are followed. He said he was fine with changing Brownwood to multi -family. Mayor Pro -Tem Hughes said he was concerned about the comments made suggesting with rental properties their property values would decrease, they would have more crime and trash. Mayor Pro -Tem Hughes questioned if there were facts to support these comments, and agreed this needed to be discussed further. Mayor Portugal favored Council Member Knox's comments about the neighbors sitting down with Mr. Chadwick to learn about the development they were proposing for the property. July 26, 2021 Page 6 Mr. Mack recommended approval of the City's request to withdraw the application rezoning of these two parcels of properties. Council Member Savage inquired why the Ci requested the zoning change and now they wished to withdraw that request. Mayor Portug f g explained that the P&Z did not have a problem with rezoning Brownwood but did with rezoni I the Davenwick parcel. Council Member Pilgrim inquired if they could have two motions. M4, Harris said it was a single item and the choices they had were to follow staff s recommendati to withdraw the zoning amendment request and that staff would go back to P&Z with a reque .1 for Brownwood only. She said the other two options were to deny the item or approve the item. A Motion to accept the withdrawal of the petition was made by Council Member Pankaj i.nd seconded by Council Member Knox. Motion carried, 7 ayes — nays. 16. Discuss, conduct a public hearing and act an Ordinance regarding the petition of the City of Paris to adopt an Ordinance Amending Chapter 5, Article 5.07 Division 4 Mobile Food Units and Food Truck Parks. City Planner Andrew Mack explained that the Planning & Zoning Commissi recommended this minor ordinance amendment to adopt changes in the regulations regarding t Mobile Food Unit and Food Truck Parks. He said the changes ons w alloboth mobile units in t downtown CA Zoning District for daytime operatiand parks by SUP in the CA. He also sja� a new special promotion permit may also be approved for mobile units to occupy public park spaces once -per year for up to a 2 -day period adjacent to where the business was located. Mack answered questions from City Council Members. Mayor Portugal opened the public hearing and asked for anyone wishing to speak abol this item to please come forward. Brandon Schaffer with Smoking Good Eats, said there was lot of demand for their food truck and asked that the City Staff seek input from food tru operators. He said he would like to be able to operate Wednesday through Saturday, and ask that they consider allowing the food trucks be parked on one spot during that time -period. Mr Shaffer also added that it took her hours to set up and take down, which they had to do since th had to move the truck every day. With no one else speaking, Mayor Portugal closed the publ hearing. A Motion to table this item was made by Council Member Pilgrim and seconded by 1_1 Council Member Pankaj. Motion carried, 7 ayes — 0 nays. 17. Discuss, conduct a public hearing and act on ORDINANCE NO. 2021-019: 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 CONSIDER AND TAKE ACTION REGARDING THE PETITION OF THE CITY OF PARIS, TEXAS FOR y,July 26, 2021Page 7 SERVICE USES; PROVIDING REPEALER ,i A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Mack explained that Planning,. Commission had a work session spel meeting on June 16, 2021 and approved changes to the Office and Neighborhood Service uses, as referenced in the Matrix included in their packets and attached to the Ordinance. Mayor Portugal opened the public hearing and asked for anyone wishing to speak support or opposition ts this zoningchange,- come forward. James Bonham Street, said the police showed up at Y,, said the neighbors complained about the beauty shop on his property and each time he had prove to the officers that he had a legal non -conforming use. He said he asked staff what could do to alleviate this problem and was1 he should rezone the property. He said that w v k accomplished. With these amendments, he said he would be placed right back in the position. wanted 1, i,, addition 1' Y"i initiate a 1,zoni, �investigationand R be r Y - Y 1, ��goMr. Planning ♦ o1 #, approval. i, 1, ore mmission Thompson, changes were approved, that he would be in the same bo as James ,a, NPortugalpublic hearing. Council Member Pankaj said both of these gentlemen were in his district and inquired if they could be grandfathered. City Attorney. ,could grandfathered " " Y could not rezone., businesses lmvted on )w 9 . Following additional discussion, a Motion to approve the amendment subject H changing Y i'"in=dw by Council Member oY ^ Member w" " a . carried, 7 ayes ., s. Mayor Portugal recessed the City Council at 8:05 p.m. and reconvened City Council t err session at 8:15 public18. Discuss, conduct a 'aYact on " ORDINANCE OF THE CITY COUNCILOF x ORDINANCEAMENDING ZONING R REGARDINGAS HERETOFORE AMENDED, SO AS TO CONSIDER AND TAKE ACTION PARIS, R AMENDMENTS LAND PROVIDING A PROVIDINGREPEALER CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND Regular Council Meeting July 26, 2021 Page 8 Mr. Mack explained that the Planning and Zoning Commission had approved changes to the use matrix by adding the definition of a mixed use. He said that the term was already defined in the Zoning Ordinance, but not in the matrix. He also said this change would allow mixed uses in the CA and PD Districts. Mayor Portugal opened the public hearing and asked for anyone wishing to speak in support or opposition to this change to please come forward. With no one speaking, Mayor Portugal closed the public hearing. A Motion to approve this zoning change was made by Council Member Pankaj and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. 19. Discuss, conduct a public hearing and act on ORDINANCE NO. 2021-021: 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 CONSIDER AND TAKE ACTION REGARDING THE PETITION OF THE CITY OF PARIS, TEXAS FOR A MAP AMENDMENT FROM AN AGRICULTURE DISTRICT (A) TO A ONE -FAMILY DISTRICT NO. 2 (SF -2), FOR THE SUBURBAN ESTATES ADDITION AND COPE STREET NORTH OF PINE MILL RD.; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Mack explained that annexation of certain territory consisting of 5,389.031 acres was adopted in December 1997, and was temporarily classified as an Agricultural District. He said the procedure for establishing permanent zoning on annexed territory was not completed when the Suburban Estates Addition and Cope Street north of Pine Mill Road was developed with single-family homes. Mr. Mack also said that the Planning and Zoning Commission voted to approve the map amendment from Agriculture District to a One -Family District No. 2. Mayor Portugal 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 Portugal closed the public hearing. A Motion to approve this item was made by Council Member Pankaj and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. 20. Discuss, conduct a public hearing and act on ORDINANCE NO. 2021-022: 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 CONSIDER AND TAKE ACTION REGARDING THE PETITION OF THE CITY OF PARIS, TEXAS FOR A MAP AMENDMENT FROM AN AGRICULTURE DISTRICT (A) TO ONE -FAMILY DISTRICT NO. 1 (SF -1), FOR THE COLONIAL PARKS ESTATES ADDITION PHASE II; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A 2021July 26, Page 9 SAVINGS CLAUSE, A PENALTYCLAUSE; AND PROVIDING DATE. Mr. Mack explained this property was annexed in 1997 and was temporarily classified an Agricultural District. He said the procedure for establishing permanenton . territory was not completedPark Estates was developed homes. He also said that the Planning and Zoning Commission unanimously recommend approval of the zoning p changes to this property. Mayor Portugal e: the public hearinge wishing to speak support opposition-. forward. With no one p e; i May Portugal closed the public 4 Motion to approve this item was made by Council Member Pilgrim and seconded Council Member Savage. Motion carried, 7 ayes — 0 nays. ;, ,, ORDINANCE 21. Discuss and act on ORDINANCE NO. 2021-023: AN COUNCIL OF THE CITY OF PARIS, TEXAS, EXTENDING THE MAYOR'S DECLARATION y LOCAL DISASTER R PUBLIC HEALTH EMERGENCY AND ORDER DATED MARCH 19, 2020, AS EXTENDED BY RESOLUTION NO. 2020-011 AND BY ORDINANCE NOS. l DAYS;, 2020-017, 2020-023, 2020-030,2020-035, AND 2021-001, AND 2021-009 FOR AN ADDITIONAL NINETY (90) AND DECLARING AN DATE. City Attorney Stephanie Harris said fthis is the ninth time for extending the declaration„ and she recommendedadditional ninety days. City Manager Grayson Path said that Russell Thrasher was I ble to be at the meeting but wanted ''relay the messageIover 21,000 vaccineshad been given in th* community and they were seeing 20 new positive cases f day. membersA Motion to approve this item was made by Council Member Savage and seconded by Mayor Pro -Tern Hughes and Council Member Pilgrim. Council Member Pankaj said he had placed this item on the agenda. He said the Ci wants to be safe and enforce codes, but contractors were confused about some of the regulatio and procedures. He also said he thought the City should put on a forum to introduce new sta 11 /.codesty I procedures. Mr. Mack explained that a forum is in the planning states for fall in order to effectively address concerns and better articulate the City's policy and better educate various professions with a stakeholder role in building and development.also said I recently organizing Regular Council Meeting July 26, 2021 Page 10 a well-respected educator and practitioner in the State of Texas who has agreed to help with organizing and facilitating this forum. He also said Council Member Pankaj had agreed to serve on this planning committee as a speaker for the program in representing views as both an individual Council Member and as a representative of the business community. City Manager Grayson Path said the City Council tasked him with enforcing codes and City Staff was doing the right thing. He also said it was good to educate everyone to help them understand. Council Member Savage confirmed with Mr. Path that it is an education session. Mayor Portugal said two or three years ago the Chamber sponsored the same type forum, the staff did a wonderful job and she was supportive of this. Council Member Pilgrim said lately he had heard from people who tripped themselves up in an effort to cut corners. He said if staff wanted to put on this forum, he would support it. 23. Receive an amended report on the PACE (Property Assessed Clean Energy) Act and act on RESOLUTION NO. 2021-023: A RESOLUTION OF INTENT TO ESTABLISH A PACE PROGRAM. City Attorney Stephanie Harris said they had talked about this at the last City Council meeting and this was the first step of the process. She also said at the next meeting they would conduct a public hearing and consider approving a resolution creating the program. A Motion to approve this item was made by Council Member Pankaj and seconded by Mayor Pro -Tem Hughes. Motion carried, 7 ayes — 0 nays. 24. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. None were referenced. 25. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pilgrim and was seconded by Council Member Pankaj. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 8:40 p.m. PAULA PORTUGA1_k A4AYOR