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04/10/2017MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS April 10, 2017 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, April 10, 2017, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: A.J. Hashmi Council Members: Billie Lancaster; Aaron Jenkins; Billy Trenado; Steve Clifford; Matt Frierson; and Cleonne Drake City Staff John Godwin, City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Carla Easton, City Engineer; Larry Wright, Fire Chief; Randy Tuttle, Assistant Police Chief; Kent Klinkerman, EMS Director; Doug Harris, Utilities Director; and Priscilla McAnally, Library Director Opening Agenda Call meeting to order. Mayor Hashmi called the meeting to order at 5:30 p.m. 2. Invocation. Pastor Judi Brandt gave the invocation. 3. Pledge of Allegiance. Council Member Lancaster led the pledge. 4. Citizens' Forum. Michael Glatfelter, 1345 SE 6t' Street — he spoke about item #17 and said originally the project cost was to have been $55,000 but it turned into $62,000 and no bids were taken. He also said he did not recall the City Council voting on it. With regard to item #14, Mr. Glatfelter said he was concerned about higher taxes. Consent Agenda Mayor Hashmi 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 Regular Council Meeting April 10, 2017 Page 2 made by Council Member Drake and seconded by Council Member Clifford. Motion carried, 7 ayes — 0 nays. 5. Approve minutes from the meetings on April 22, 2013 (corrected) and March 27, 2017. 6. Receive reports and/or minutes from the following boards, commissions, and committees: a. Paris Economic Development Corporation (2 -21 -2017 & 2 -28 -2017) b. Paris Municipal Band Commission (2 -2 -2017) c. Paris Public Library Advisory Board (2 -15 -2017) 7. Receive the 2015 -16 Comprehensive Annual Financial Report. 8. Approve the Final Plat Plots 1, 2, & 3, Block A, Pecan Place Phase IV, located in the 4300 Block of Pine Mill Road. Regular Agenda 9. Conduct a public hearing, discuss and act on RESOLUTION NO. 2017 -021: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AN ADDENDUM TO TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS AND JS BAKING, LLC, MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Attorney Stephanie Harris said on April 23, 2013, City Council approved a 10 -year tax abatement agreement with JS Baking (Skinner) for a 100% abatement of taxes on improvements. She also said the agreement required Skinner invest in the plant and employ a set number of full -time workers by years end of 2013, 2014 and 2017. She said due to plan setback, Skinner requested a reduction in their total required investment and full -time workers, and this addendum reflected those changes. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. Robert Spain, 655 South Church, said the original agreement was Skinner would create 100 jobs in 2013, create 200 jobs in 2014, and create 393 jobs in years 2017 -2023. Mr. Spain said the addendum had Skinner changing jobs to 117 in 2013, changing jobs to 93 in 2014 and reducing jobs to 116 in years 2017 -2023. He said this meant they were requesting a minus one job and asking for a ten year full 100% tax abatement. He said he noticed on page 3 of the addendum, there were different numbers and if those numbers were correct there would be 54 jobs created over the ten year tax abatement at 100 %. He said this did not comply with the guidelines and questioned why Council wanted to give Skinner a 100% tax abatement agreement if the company was not going to comply with the original agreement. With no one else speaking, Mayor Hashmi closed the public hearing. Regular Council Meeting April 10, 2017 Page 3 Mayor Hashmi said Mr. Spain was correct in his comments. He also said the problem they had was there was a company trying to do their best and if Council took the road of being hard on them they might not be able to keep the current jobs or keep the plant open. Council Members Clifford, Frierson, Drake, Trenado, and Jenkins spoke in favor of supporting Skinner. Council Member Lancaster said this had been going on for some time and she felt they should stay with what was originally set up. Council Member Clifford said generally he was for enforcing the agreement, but this was an exception, because they had been experiencing a hard time but had been making a good faith effort. He asked the City Attorney to review the addendum with regard to language about the jobs because the memo she provided did not match the addendum. Ms. Harris said the addendum was correct. Ms. Harris also said the last three years of the addendum did reduce the tax abatement to 90 %. Mayor Hashmi re- opened the public hearing. Mr. Spain wanted to know if they were going to do this for other companies across the board. He questioned who was performing inspections to determine if investments had been made according to the agreement. Mayor Hashmi asked Mr. Spain for his suggestion. Mr. Spain said he would probably reduce the tax abatement agreement to 80 or 90 %. Holland Harper, 1044 31st, he said two weeks before Skinner became interested in the site, that another company wanted to buy the location, and demolish the building. He said they were lucky to have Skinner here. Michael Paris, EDC Director, said he recently toured and visited with J. Skinner. Mr. Paris informed Council Skinner had gone through management changes; they did have set -backs but were moving forward. Subject to Skinner being reviewed at the end of 2017 to ensure they met their numbers, a Motion to approve this item was made by Mayor Hashmi and seconded by Council Member Frierson. Motion carried, 7 ayes — 0 nays. 10. Conduct a public hearing, discuss and act on ORDINANCE NO. 2017 -010: 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 LOT PART 10 AND 11, CITY BLOCK 178, BEING LOCATED AT 443 S.W. 1sT STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A CENTRAL AREA DISTRICT (CA) TO A CENTRAL AREA DISTRICT (CA) WITH A SPECIFIC USE PERMIT (50) NEW OR USED CAR (OPEN) LOT; 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 ELECTIVE DATE. Planning Director Alan Efrussy explained the applicant requested a zoning change from Central Area to Central Area with a Specific Use Permit for a used car lot. He said the applicant intended to use this property for automobile sales in addition to the bail bond business located on the property. Mr. Efrussy further said that P &Z, as well as staff recommended approval with the condition that the Specific Use Permit be limited to a period of five years with an opportunity to request additional time through the SUP approval process. Regular Council Meeting April 10, 2017 Page 4 Council Member Drake expressed concern about a clear view when traveling down the street. City Engineer Carla Easton explained part of the approval process required the cars would be parked behind a certain number of feet from the street. Council Member Frierson said P &Z had a split vote on this item and asked Mr. Efrussy to walk Council through the process, which he did. Council Member Clifford said he had an issue with the gravel parking lot and Mr. Efrussy explained why they were grandfathered under the current regulations. Council Member Trenado said he was against this because it was close to the market square, others had to pave their parking lots, it was close to Bywaters Parker, the library and neighborhoods. Council Member Jenkins said it looked nice and he was not against it. Following additional discussion, City Attorney Stephanie Harris advised City Council they could approve this with the stipulation that the SUP be limited to a period of five years. A Motion to deny this item was made by Council Member Trenado and seconded by Council Member Lancaster. Motion failed 2 ayes — 5 nays, with Mayor Hashmi and Council Members Drake, Frierson, Clifford, and Jenkins casting the dissenting votes. Subject to a time limitation of five years for the SUP on the property, a Motion to approve this item was made by Mayor Hashmi and seconded by Council Member Jenkins. Motion carried, 5 ayes — 2 nays, with Council Members Trenado and Lancaster casting the dissenting votes. A Motion to move item 16 forward on the agenda was made by Mayor Hashmi and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 16. Receive presentation from Gail Chira regarding a proposal to organize local volunteers to help improve local living conditions. Gail Chira gave a presentation to City Council about improving homes and lifestyle for low income persons living in Paris. Following the presentation, Mrs. Chira answered questions from City Council. She informed them that the program was in the early stages and she would come back to them in the future with additional information. 11. Conduct a public hearing, discuss and act on ORDINANCE NO. 2017 -011: 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 LOT 19, CITY BLOCK 324, BEING LOCATED AT 2925 FM 79, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) TO A LIGHT INDUSTRIAL DISTRICT (LI); 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 April 10, 2017 Page 5 Mr. Efrussy explained the applicant was requesting a zoning change to allow development of a distillery, which would include the use of an existing structure and addition of new structures. He said P &Z and staff recommended approval of this item. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support or opposition, to please come forward. Gary Waite spoke in support of this zoning change. With no one else speaking, Mayor Hashmi closed the public hearing. A Motion to approve this item was made by Mayor Hashmi and seconded by Council Members Clifford and Drake. Motion carried, 7 ayes — 0 nays. 12. Conduct a public hearing, discuss and act on ORDINANCE NO. 2017 -012: 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 LOT 7, CITY BLOCK 86, BEING LOCATED AT 741 N.W. 9TH STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A LIGHT INDUSTRIAL (LI) TO A COMMERCIAL DISTRICT (C); 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. Mr. Efrussy explained the applicant intended to build a single family home with a home use office. He said the P &Z and staff recommended approval of this item. Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in support or opposition of this item, to please come forward. Applicant Robert Giberson spoke in support of this item. With no one else speaking, Mayor Hashmi closed the public hearing. A Motion to approve this item was made by Mayor Hashmi and seconded by Council Member Drake. Motion carried, 7 ayes — 0 nays. 13. Conduct a public hearing, discuss and act on ORDINANCE NO. 2017 -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, TO ADD "AUTOMOBILE DETAILING SHOP" USE BY AMENDING SECTION 8, "USE OF LAND AND BUILDINGS," SECTION 8 -105, "AUTOMOBILE TYPE USES;" AND BY AMENDING SECTION 22 -101, "GENERAL USES;" PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Hashmi asked if Council had any questions and there being none, he opened the public hearing for comment. With no one speaking, Mayor Hashmi closed the public hearing. Regular Council Meeting April 10, 2017 Page 6 A Motion to approve this item was made by Mayor Hashmi and seconded by Council Member Clifford. Motion carried, 7 ayes — 0 nays. 14. Discuss and provide direction to staff regarding a mailer to be sent to voters regarding the upcoming bond election. Mayor Hashmi inquired if City Council had any changes to the mailer that was included in their packets. There being no changes, Mayor Hashmi made a Motion to approve the mailer and it was seconded by Council Member Trenado. Motion carried, 7 ayes — 0 nays. 15. Receive an update presentation from Holland Harper regarding the Sulphur River Regional Mobility Authority (SuRRMA). Lamar County Representative for SuRRMA, Holland Harper, told City Council the City's liability would be decreased, in that eight years was going to be cut off their payments. Mr. Harper further said this program was done under budget by 34 %, which was a reduction of $533,000 in liability to the City over the eight years. He also said initially 10% was placed in a contingency fund and there was some work to be completed by a lawyer. Mr. Harper said once that was complete, the City should have about $150,000 returned to them. City Council expressed their appreciation for this project. 17. Reconsider, discuss and take action to rescind placement of two security cameras at 2nd and Bonham Streets. Council Member Drake said at the last Council meeting, they asked the City Attorney to look into whether or not the Council could do this according to the Charter. She said after receiving Ms. Harris' e-mail, she placed it on the agenda. A Motion to rescind this action was made by Council Member Drake and seconded by Council Member Frierson. Council Member Lancaster asked for discussion and said she placed on the agenda, because the ladies approached her and were afraid. She said there were no lights in the area, and if cameras were placed at the location they could catch illegal activity. Mayor Hashmi said according to the City Attorney's e- mail, the Council could not take action on this, but could make suggestions to the City Manager. Mr. Godwin said after the last Council meeting, that Chief Hundley had looked at this area. The Motion carried, 7 ayes — 0 nays. 18. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004 -081. Mayor Hashmi said while visiting the Netherlands, he noticed people riding their bikes to work and described a new innovative bike. He said he asked one of the bicycle companies to come to give a presentation about the new innovative bike, possibly at the next Council meeting. He also said they would provide free bikes and stands, and you would put a quarter in and ride the bike and then return the bike to the stand. Council Member Drake said the City was going to have something similar on the Trail. Mayor Hashmi said it was similar to that, but the company wanted to do a pilot project in a small town. Regular Council Meeting April 10, 2017 Page 7 19. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Frierson and was seconded by Council Member DrakN. Motion carried, 7 ayes — 0 nays. The meeting was adjourned,�N!,m. C4 � . `�= A.J. HASH r MAY �!'`). ELLIS,