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05 - City Council MinutesItem No. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS Apri125, 2022 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, April 25, 2022, at the City Council Chamber, 107 E. Kaufrnan, Paris, Texas. Present: Mayor: Paula Portugal Mayor Pro -Tem: Reginald Hughes Council Members: Shatara Moore, Gary Savage, Mihir Pankaj, Linda Knox, and Clayton Pilgrim City Staff Grayson Path, City Manager; Robert Vine, Assistant City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson; Finance Director; Richard Salter, Police Chief; Andrew,,Mack, Director of Planning & Community Development; M.A. Smith, Public Works Director; and Clyde Crews, Fire Marshal Opening A ends 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. Pledge of Allegiance. Mayor Pro -Tem Hughes led the pledge. 4. Citizen's forum. Kari Daniel, business owner and resident of downtown — she spoke in support of stop signs citing they were good for businesses and it was less noisy. Millie Key, 501 S. Main — she spoke in support of stop signs citing there were a fewer number of speeders and there was less noise. Mack Ross, 3475 Reno Drive — he said a road going through North Lamar did not serve anyone and the only feasible place to put a collector road was between Lake Crook and 195. Regular Council Meeting April 25, 2022 Page 2 Aaron Barnes, business owner and parent of a North Lamar student — he said from a parent standpoint, he hated to see the district use funds to over improve irrigation and sidewalks. Stephen "Red" Holmes, trustee for NLISD but speaking as a taxpayer, 146 CR 43600 - he said he was not against the street but that they were blind -sighted and that the requirements were going to cost a lot more money than they had planned to spend. Consent Agenda Mayor Portugal inquired of Council Members if they wished to pull any items from the consent agenda for discussion. Council Member Pankaj said he would like to be recused from item number 11, because he had a conflict. A Motion to recuse Council Member Pankaj from item number 11 was made by Council Member Pilgrim and seconded by Council Member Savage. Motion carried, 7 ayes — 0 nays. Council Member Pankaj left the meeting room. A Motion to approve item number 11 was made by Council MemberSavageand seconded by Council Member Hughes. Motion carried, 6 ayes 0 nays. A Motion to return Council Member Pankaj to themeeting was made by Council Member Pilgrim and seconded by Council Member Moore. Motion carried, 6 ayes — 0 nays. Council Member Pankaj"returned to the meeting room. Mayor Portugal asked if there were any other items to be pulled for discussion. There being none, a Motion to approve fhe consent agenda was made by Council Member Pankaj and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. 5. Approve minutes from the meeting of April 11, 2022. 6. Receive reports and/or minutes from the following boards and commissions: I a. Main Street Advisory Board (3-8-2022) b. Building & Standards Commission (3-21-2022) 7. Receive March monthly financial report. 8. Receive March drainage report. 9. Receive demolition and code enforcement activity reports. 10. Approve the Final Plat of the RW Cox Addition, Lot 1, Block A (LOAD Property ID 71620), located at 1690 S.W. 19'h Street. 11. Approve the Final Plat of the Tekmak Addition, Lot 1, Block A, (LOAD Property ID 104787), located at 3005 N. Main Street. 12. Approve the Final Plat of the Allsup's Addition, Lot 1, Block A (LOAD 14015, 14016, 14017, 14021 and 14022), located in the 300 Block of N. Main Street. Regular Council Meeting April 25, 2022 Page 3 13. Approve the Final Plat of the Taco Bueno Addition CB250, Lot 1, Block A (LCAD Property ID 53645 and 126658), located at 2330 N. Main Street. 14. Approve the Final Plat of the BSA Addition, Lots 1 and 2, Block A (LOAD Property ID 18190 and 18177), located at 2340 E. Cherry Street and 2331 Pine Bluff. 15. Approve the Final Plat of the Ellis Addition CB -45, Lot 1, Block A (LCAD Property ID 14070 and 14071), located at 710-720 W. Houston Street. 16. Approve the Final Plat of the North Lamar ISD New Elementary School Addition, Lots 1 and 2, Block A (LCAD Property ID 125581, 59292, 59287), in the 3200 Block on N. Main Street. Regular Agenda 17 Discuss, conduct a public hearing, and act on; an Ordinance considerirg the petition_ of Morad Elwir on behalf of Sara Faber and Jerry Jackson for a Specific Use Permit (SUP) for a Fuel Station in the City of Paris; Block 41-A, Lots 1-3 and 5-8, Commercial District, located in the 300 Block of N. Main Street (LCAD 14015, 14016, 14017; 14021 and 14022). Planning Director Andrew Mack explained the applicants had requested approval of a specific use permit to permit the redevelopment of the subject property with a gas and convenience station at the Northwest corner of North Main Street and Graham Street. He said that the Planning , & Zoning Commission ,recommended approval of the SUP with the Staff recommended conditions of :1) approval of the site civil construction improvements by the City Engineer prior to issuance of a building permit and 2) approval of new driveway access permits by the City and TxDOT prior to commencing any new site development construction. Council Member Savage expressed concern about the increase of traffic with having a convenience store that was open 24 hours a day. He inquired if the MHMR office was still in operation behind the proposed site. Mayor Pro -Tem Hughes said that the MHMR office was still there. Mayor Portugal inquired if a TIA study was conducted and Mr. Mack said that it was not required. Mayor Pro -Tem Hughes asked if alcohol was going to be sold at the store and Mr. Mack said he did not know their plans. Council Member Pankaj said it would probably be alcohol but not liquor. He said that was a TABC issue, but that he had heard concern from citizens about this item. Mayor Portugal opened the public hearing and asked for anyone wishing to speak about this item to please come forward. Yubaraj Bishwakerma, owner of the convenience store at 274 N. Main Street. Mr. Bishwakerma opposed the new station because of traffic concerns. Stacy Ladell, 1730 Majestic. Mr. Ladell said he was a member of the Graham Street Church of Christ and was not against development but expressed concern about the sale of alcohol within 300 feet of the church. He also expressed concern about the operation of a 24-hour service station. With no one else speaking, Mayor Portugal closed the public hearing. Regular Council Meeting April 25, 2022 Page 4 Mayor Portugal said the site was at an entrance to the historic downtown, which did fit into the setting. Council Member Pankaj asked if they could request a traffic study. Interim City Engineer Chris Donan said that was a TxDOT decision, and if they wished he could reach out to the regional engineer with regard to conducting a TIA. Mayor Portugal inquired if City Council wanted to table this item. Council Member Pankaj said he was in favor of tabling this pending a TIA. City Attorney Stephanie Harris said if they wanted to table this item that staff would have to re -advertise. She also said the City did not have a lot of discretion on the TABC license. Council Member Pilgrim wanted to know if any of the employees of MHMR spoke at the Planning & Zoning Commission hearing, and Mr. Mack said they did not. Stacy Ladell said he spoke to five MHMR employees and they opposed the service station going in there, but could not speak out publically because they worked for the government. Mayor Portugal asked if City Council wanted to table this item or vote. Council Member Pilgrim said it was a tough thing to put a 24/7 gas station in the downtown area. A Motion to act `on this item was made .by Mayor Pro -Tem Hughes and seconded by Mayor Portugal. Council Member Savage questioned if they were voting to approve or deny tlis and asked for clarification. City Attorney Stephanie Harris said they needed to vote to approve or vote deny the request. t, A Motion' to deny this item was made by made'by Council Member Pilgrim and seconded by Council Member Savage. Motion carried 7 ayes — O,nays. ' 18. Conduct a public hearing, discuss 'and act on ORDINANCE NO. 2022-:,020: 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 CHANGE THE ZONING FROM, A ONE - FAMILY DWELLING DISTRICTNO. 2 (SE -2) TO A MULTIPLE' -FAMILY DWELLING DISTRICT No. 1 (MF -1) IN THE CITY OF PARIS, BLOCK 257-A, LOT N PT 3, LOT 15 & 3A, LOCATED AT 2340 E. CHERRY STREET AND 2331 PINE BLUFF; 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. Planning Director Andrew Mack explained the applicant planned to construct a new 9- plex on the East Cherry Street frontage and that the residence fronting on the Pine Bluff was not a part of the rezoning. He said that the Planning & Zoning Commission recommended approval of this item, as did City Staff. Mayor Portugal opened the public hearing and asked for anyone wishing to speak about 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 Council Member Pankaj and seconded by Mayor Pro -Tem Hughes. Motion carried 7 ayes — 0 nays. Regular Council Meeting April 25, 2022 Page 5 19. Conduct a public hearing, discuss and act on ORDINANCE NO. 2022-021: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND ADOPTING REVISIONS TO THE COMPREHENSIVE PLAN AND FUTURE LAND USE PLAN MAP FOR THE CITY OF PARIS AS IT PERTAINS TO CITY BLOCK 250, LOT 32, LOCATED AT 891 CLEMENT ROAD, PARIS, LAMAR COUNTY, TEXAS, FROM COMMERCIAL (C) TO HIGH DENSITY RESIDENTIAL (HDR); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. Planning Director Andrew Mack said the applicant sought a minor amendment to the Future Land Use Map to provide for a medium to high density residential use of the property and for the zoning to be consistent with the City's Comprehensive Plan. He said the site was just outside of, but immediately adjacent of the newly established 5 In 5 Infill Housing Program eligibility boundary. He said that the Planning & Zoning Commission recommended approval of this item, as did City Staff. i Mayor Portugal opened the`,public hearing and asked for anyone wishing to speak about 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. Conduct a public hearing;, discuss and act on ORDINANCE NO. 2022-022: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE CITY OF PARIS BLOCK 250, LOT 32, LOCATED AT 891 CLEMENT ROAD, IN THE _CITY FO PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) TO A MULTIPLE - FAMILY 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. Planning Director Andrew Mack said this zoning request was consistent with the previous action. He said that the Planning & Zoning Commission recommended approval of this item, as did City Staff. Mayor Portugal opened the public hearing and asked for anyone wishing to speak about 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 Savage. Motion carried 7 ayes — 0 nays. Regular Council Meeting April 25, 2022 Page 6 21. Conduct a public hearing, discuss and act on ORDINANCE NO. 2022-023: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND ADOPTING REVISIONS TO THE COMPREHENSIVE PLAN AND FUTURE LAND USE PLAN MAP FOR THE CITY OF PARIS AS IT PERTAIN TO CITY BLOCK 170-C, LOT 22, LOCATED AT 2296 S.E. 3RD STREET, PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) TO A LOW DENSITY RESIDENTIAL DISTRICT (LDR); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. Planning Director Andrew Mack explained Austin Sugg had requested a minor Comprehensive Plan amendment for a single vacant lot. He said changing of a single lot was not consistent with sound land use planning practice and should be denied, unless changes were made to the larger area. Mr. Mack also said if the Planning & Zoning Commission and City Council were amenable to making changes to the FLUM guiding future residential development, then staff would initiate, these changes and referenced the proposed FLUM changes in their agenda packet. Mr. Mac g p k said staff recommended approval of this request for a Comprehensive , Plan Amendment from Commercial to Low Density Residential on the basis that the City was initiating a larger area change to the FLUM, based upon the current and future uses of this two block area along''S.E. 3'd Street. Mayor Portugal opened the public hearing and',asked for anyone wishing to spear about 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 Savage. Motion carried 7 ayes — 0 nays.' 22. Conduct a public hearing, discuss and act on ORDINANCE NO. 2022-024: 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 OF PARIS BLOCK 170- C, LOT 12, LOCATED AT 2296 S.E. 3RD STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) TO A TWO-FAMILY DWELLING DISTRICT (2F); 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. Planning Director Andrew Mack said the applicant was requesting rezoning of the property in order to construct two duplexes on the lot, which would involve a subdivision approval, if the zoning change was approved. He said that the Planning & Zoning Commission recommended approval of this item, as did City Staff. Regular Council Meeting April 25, 2022 Page 7 Mayor Portugal opened the public hearing and asked for anyone wishing to speak about 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 Mayor Pro -Tem Hughes. Motion carried 7 ayes — 0 nays. 23. Conduct a public hearing, discuss and act on ORDINANCE NO. 2022-025: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A MINOR COMPREHENSIVE PLAN AMENDMENT TO THE MASTER THOROUGHFARE PLAN BY REMOVING THE PLANNED EXTENSION OF THE COLLECTOR STREET FOR PINE MILL ROAD WEST OF COLLEGIATE DRIVE DESIGNATED AS PROPOSED FUTURE COLLECTOR ROADWAY #C9. Planning Director Andrew Mack said that staff had been working with the developer on a proposed subdivision in the area and that the proposed collector street negatively affected a planned development of this site. He said'' that; the Planning & Zoning Commission recommended approval of this amendment by removing the planned extension of the collector street for Pine Mill Road West of Collegiate Drive; as, did City Staff. Mayor Portugal opened the public hearing and,, asked for anyone wishing to speak about this item to please come forward. With no'one speaking, Mayor Portugal closed the public hearing. A Motion to approve the amendment to the Master Thoroughfare Plan by removing the planned extension of the collector street was made by Mayor Pro -Tem Hughes and seconded by Council Member Pilgrim. Motion carried 1 ayes — 0 nays.' 24. Receive and discuss the 2022 Water & Wastewater Cost of Service Rate Study; and consider ORDINANCE NO. 2022-026: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING APPENDIX A, "FEE SCHEDULE," ARTICLE A10.000, "UTILITY RATES AND CHARGES," SECTION A10.003, "WATER RATES," OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS TO REFLECT CHANGES RECOMMENDED BY THE 2022 WATER AND SEWER RATE STUDY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Finance Director Gene Anderson said the City currently had treated water contracts with four local industries and one of the requirements of the contracts was for the City to have an independent rate consultant conduct a cost of service study each year. Mr. Anderson introduced Chris Ekrut with New Gen Strategies, who presented the rate study to City Council. Mayor Portugal confirmed with Mr. Ekrut that the current water rates were not sufficient for the City's program. Council Member Savage said people were using less water because they Regular Council Meeting April 25, 2022 Page 8 were being more conservative, and that he hated to have to raise the water rate. Mr. Erkut explained this was going on everywhere but that hopefully it would equalize at some point. Mayor Portugal said to deliver safe water it was costing the City more because of the price increase of chemicals. A Motion to approve this item was made by Council Member Pilgrim and seconded by Council Member Pankaj. Motion carried 7 ayes — 0 nays. 25. Discuss and act on ORDINANCE NO. 2022-027: AN ORDINANCE OF THE C! COUNCIL OF THE CITY OF PARIS, TEXAS, EXTENDING THE MAYOR' DECLARATION OF LOCAL DISASTER FOR PUBLIC HEALTH EMERGENC AND ORDER DATED MARCH 19, 2020, AS EXTENDED BY RESOLUTION N 2020-011 AND MOST RECENTLY BY ORDINANCE NO. 2022-003 FOR ADDITIONAL NINETY DAYS (90); MAKING OTHER FINDINGS AN PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTI__ DATE. I . I City Attorney Stephanie Harris said the!Governor had extended the State's Declarati and recommended that the City extend the Declaration of Disaster for Covid-19 related pub I . health emergency for 90 days or until July 25, 2022. A Motion to approve this it was made by Council Member Savage and seconded by Council Members Pankaj' and Pilgrim. Motion carried, 7 ayes — Oenays. 26. Convene into executive session pursuant to: A. Section 551.071 of the Texas Gove'mment Code, Consultation with Attorney, to receive legal advice froin' the City Attorney about (1) pending or contemplated litigation and/or (2) on matters in which the duty of an attorney to her client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with this chapter, to -wit: Interlocal Agreement with North Lamar ISD. & 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: Westgate Apartments. Mayor Portugal convened City Council into executive session at 6:35 p.m. 27. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Regular Council Meeting April 25, 2022 Page 9 Mayor Portugal reconvened City Council into open session at 7:16 p.m. and said there was no action to be taken. 28. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Council Member Knox said it was that time of year to do staff evaluations, and asked for a discussion item on their May 9t' City Council agenda. 29. Adjournment. There being no further business, A Motion to adjourn was made by Council Member Pankaj and seconded by Council Member Savage. Motion carried, 7 ayes — 0 nays. Mayor Portugal adjourned the meeting at 7:17 p.m. ....... ...... �......��..... .u.. PAULA PORTUGAL MAYOR JANICE ELLIS,' 4.CITY CLERK