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05 - CIty Council MinutesItem No. 5 DRAFT MINUTES MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS May 22, 2023 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, May 22, 2023, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Reginald B. Hughes Mayor Pro -Tem: Mihir Pankaj Council Members: Shatara Moore, Gary Savage, Rebecca Norment, Clayton Pilgrim, and Rudy Kessel City Staff: Grayson Path, City Manager; Robert Vine, Assistant City Manager; Stephanie Harris, City Attorney; Janice Ellis, City Clerk; Gene Anderson; Finance Director; Doug Harris, Utilities Director; Todd Mittge, City Engineer; Andrew Mack, Director of Planning & Community Development; M.A. Smith, Public Works Director; and Clyde Crews, Fire Marshal OpenigI,yAaenda 1. Call meeting to order. Mayor Hughes called the meeting to order at 5:30 p.m. 2. Invocation. Finance Director Gene Anderson gave the invocation. 3. United States Pledge of Allegiance & Texas Pledge of Allegiance. Mayor Pro -Tem Pankaj led the United States Pledge of Allegiance and the Texas Pledge of Allegiance. 4. Citizens' Forum. No one spoke during citizens' forum. Consent Agenda Mayor Hughes 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 Mayor Pro -Tem Pankaj. Motion carried, 7 ayes — 0 nays. Regular Council Meeting May 22, 2023 Page 2 5. Approve minutes from the meetings of May 8, 2023 and May 9, 2023. 6. Receive reports and/or minutes from the following boards and commissions: a. Building & Standards Commission (4-17-2023) b. Historic Preservation Commission (4-12-2023) c. Main Street Advisory Board (4-11-2023) 7. Receive April monthly financial report. 8. Receive April drainage report. 9. Receive demolition and code enforcement activity reports. 10. Approve the Final Plat of the CAL MAH Addition CB 160, Lot 1, Block A, LCAD Property 16629, located at 1126 S.E. 5t" Street. Re pular A enda 11. Recognition of outgoing Council Member Linda Knox for her service. Mayor Pro -Tem Hughes expressed appreciation to Council Member Knox for the six years she served and for making Paris a better place to live and visit. Mayor Hughes asked the City Council to join him in front so that together they could present a plaque to Council Member Knox. Mayor Hughes and City Council presented a plaque to Council Member Knox recognizing her for her service to the City. 12. Discuss, conduct a public hearing and act on ORDINANCE NO. 2023-021: 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 REZONE CITY OF PARIS BLOCK 39, LOT 4, LOCATED AT 111 E. PRICE STREET (LCAD 14002), FROM A CENTRAL AREA (CA) ZONING DISTRICT TO A COMMERCIAL (C) ZONING DISTRICT; 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 this zoning request was to change the zoning from Central Area to Commercial. He also said the subject property was guided for General Retail on the Future Land Use Map and was a vacant building with a fenced outdoor storage yard. Mr. Mack explained the intended use dictated the need for rezoning. He said that the Planning and Zoning Commission, as well as City Staff recommended approval of this request. Mayor Hughes opened the public hearing and asked for anyone wishing to speak about this item to please come forward. With no one speaking, Mayor Hughes closed the public hearing. Regular Council Meeting May 22, 2023 Page 3 A Motion to approve this item was made by Mayor Pro -Tem Pankaj and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. 13. Discuss, conduct a public hearing and act on ORDINANCE NO. 2023-022: 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 REZONE CITY OF PARIS BLOCK 320, LOTS 1 AND IA, LOCATED AT LOOP 286 AND N.E. 20TH/HICKORY STREET (LCAD 18793), FROM A ONE -FAMILY NO. 2 (SF -2) ZONING DISTRICT TO A COMMERCIAL (C) ZONING DISTRICT; 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 had requested a rezoning change from Single -Family 2 to Commercial on two parcels. He said a few of the nearby property owners expressed concern and that staff would require some screening. Mr. Mack explained that the zoning would be consistent with the current FLUM and was consistent with the City's Comprehensive Plan and would be consistent with the City's Comprehensive Plan. He said that the Planning & Zoning Commission recommended approval of this request, as did City Staff, Mayor Hughes opened the public hearing and asked for anyone wishing to speak about this item to please come forward. With no one else speaking, Mayor Hughes closed the public hearing. Council Member Savage referenced the backup and specifically, it reflected the purpose was for display and sale of pools and hot tubs. He inquired what was meant by display and if that was advertisement. Mr. Mack said the applicant intended to place pool equipment on the property as advertisement for sale to the public, and indicated a plan to develop the site upon the loop project being completed. Council Member Savage asked if they would actually have a business location there, and Mr. Mack answered in the affirmative. Mr. Savage asked if a business would be constructed or would it just be advertisements of pools and hot tubs. Mr. Mack said the applicant said they initially intended to provide a display of outside storage of the product for sale and later construct a building. Council Member Savage inquired if that was legal according to the City's codes and ordinances to advertise something at a location when you do not actually have a business at the location at the spot where you are advertising. Mr. Mack said his interpretation was that it was a principal and primary use of the property and would be permitted. City Attorney Stephanie Harris said there were issues with signage. She also said she did not believe there were issues with display but the question was whether it was an impermissible off -premises sign use under the City's current ordinance. Ms. Harris also said that was something the City was going to have to work through in order to determine whether or not the applicant was going to be allowed to have signage there. Ms. Harris said what the applicant was going to put on those tracts of property was different from whether or not the property should be zoned commercially. Council Member Savage said he did Regular Council Meeting May 22, 2023 Page 4 not have a problem with the commercial zoning. City Manager Grayson Path said under the outside storage ordinance, it states that items that were meant to be outside, such as pools, were allowed to be outside storage. Council Member Savage said but advertisement was not allowed if your business location was not there. Mr. Path said yes, and that staff would discuss signage with the applicant. Mayor Pro -Tem Pankaj said he had heard from a lot of citizens about this and he agreed with Council Member Savage. A Motion to approve this item was made by Council Member Pilgrim and seconded by Mayor Pro -Tem Pankaj. Motion carried, 7 ayes — 0 nays. 14. Discuss, conduct a public hearing and act on an Ordinance considering the petition of Mike Clark/Springlake Baptist Church for a zoning change from a One -Family Dwelling District No. 2 (SF -2) to a Multiple -Family Dwelling District No. 2 (MF -2) in the City of Paris, Block 311, Part of Lot 11 (6.9 acres), located at 3500 Clarksville Street (LCAD 102995) Planning Director Andrew Mack said the applicant requested a zoning change and the proposed use of the property was for apartments and/or possibly rental duplexes and townhomes. He also said the application lacked the request for a change of the FLUM from O to HDR, so he asked that the item be opened for public hearing and continued to June 26, which would allow for publication. Mayor Hughes opened the public hearing and continued the hearing to June 261" 15. Discuss and act on an agreement in the amount of $49,000.00 with O&J Coatings, Inc. for painting of three water tower logos; and authorize the City Manage to execute all necessary documents. Utilities Director Doug Harris said this project was a component of the brand project redesign of the City of Paris logo. He said a very favorable quote from O & J Coatings, Inc. was received in the amount of $49,000.00, which entailed painting of three water towners with six logos. He recommended approval of this item. A Motion to approve this item was made by Council Member Savage and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. 16. Discuss and act on RESOLUTION NO. 2023-025: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND AUTHORIZING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF PARIS, TEXAS AND LIONSHEAD PARIS, LLC; AUTHORIZING THE CITY MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Manager Grayson Path said this had been in the works for over two years. He explained that he and Maureen Hammond, PEDC Executive Director, had discussed the Regular Council Meeting May 22, 2023 Page 5 possibility of partnering with Lionshead with regard to construction and installation of water infrastructure. Mr. Path explained that Lionshead was required by the fire code to build a fire suppression loop around their building with hydrants and they proposed that the City would construct a bigger public loop with Lionshead connecting laterals inward to provide the required hydrants. He also said this arrangement would benefit the City by extending public infrastructure westward in the Industrial Park, setting the City up for potential expansion should another prospect arise to the West and/or South at reduced cost to the taxpayers, because the company would be contributing financially to the project. Mr. Path said the proposed agreement included Lionshead paying the City the net $250,000 upfront prior to work beginning on the water lines. He also said the City could begin construction upon signing of the agreement and that Lionshead would make an installment payment of 25% of their total financial obligation on or before July 1" and the remainder on or before October 1St. He also said Lionshead had started work on the site and public improvements would benefit the rest of the NW Industrial Park. Mr. Path expressed his thoughts about adding language designed to protect the City and taxpayers should for some reason Lionshead did not make the initial installment in a timely manner. He added that the City would not activate the water infrastructure to their facility and if they missed the second installment, the City would deactivate the line. Mr. Path explained the primary risk to the City in building the water line prior to receiving their full payment was that the City did not collect payment and could not replenish the City's water line stock for the work occurring at the Gene Stallings Industrial Park. Mayor Pro -Tem Pankaj said he believed they would pay on time but that he was in favor of adding language to protect the City, such as requirement of paying before the water is turned on and before a Certificate of Occupancy is issued. He said he was in favor of option 2A. Council Member Pilgrim agreed with Mayor Pro -Tem Pankaj. Subject to language being added in the agreement to protect the City should payment not be made on time, a Motion to approve the agreement was made by Mayor Pro -Tem Pankaj and seconded by Council Member Pilgrim. Motion carried, 7 ayes — 0 nays. 17. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Council Member Pilgrim said he would like to be included in the facilities tour that the new council members will be taking, as did Council Member Savage. Mr. Path said he would ask Denene to schedule tours for all of the Council Members. Regular Council Meeting May 22, 2023 Page 6 18. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Savage and seconded by Council Member Pilgrim. Mayor Hughes adjourned the meeting at 5:58 p.m. REGINALD B. HUGHES, MAYOR JANICE ELLIS, CITY CLERK