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06-TRAFFIC COMMISSION, P&Z, PEDC MINUTES FROM MAY-JUNE MEETINGSCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 07/16/2012 Council Date: City Clerk Janice Ellis 6, 07/23/2012 KECOMMENDED MOTION: Motion to approve. POLICY ISSUE(S): Record of Standing Committee. t3ACKGROUND: Traffic Commission (5-8-2012) Planning and Zoning Commission (6-4-2012) Paris Economic Development Corporation (6-12-2012; 6-15-2012; 6-18-2012; 6-29-2012) BOARD/COMMISSION RECOMMENDATION: r.XHIBITS: The attached minutes. ACTION: ❑ Fi BUDGET INFO: nancial Report Z Minute Order ❑ De rt R Expense $ pa ment eport ❑ Resolution ❑ Presentation ❑ O di Budgeted Amt. $ r nance ❑ Public Hearing ❑ Other yTD Actual $ Acct. Name Ficrei Mrvrr-e. Acct. Number City of Paris Revised 2/04/08 ( Minutes Traffic Commission City of Paris The Traffic Commission met on Tuesday, May 08, 2012 at 5:15 P.M. in the Municipal Courtroom with the following members present: 1. Jean Schweers 2. Barry Shiver 3. Kenneth Millsap 4. Stephen Holmes 5. Jon McFadden 6. Ken Kohls The city staff was represented by Asst. Chief Randy Tuttle. The meeting was called to order at 5:15pm by Chairman Stephen Holmes. A quorum was established by 6 members being present. Mr. Holmes moved to item #2 to approve minutes from February 16, 2012 meeting. Ms. Schweers made a motion to approve minutes and Mr. McFadden second the motion. Motion carried 6-0. Mr. Holmes moved to item #3 regarding the placement of No Parking Signs in the 2700-2900 block NE Loop 286. Mr. Tuttle informed members that complaints were received about vehicles parking on the side of the road in front of Gene's Flea Market creating a traffic hazard. Mr. Tuttle said numerous parking tickets have been issued by Officers at that location. Mr. Tuttle also informed member's city ordinance 90-025 prohibited parking within state right of way all the way around Loop 286. Members agreed No Parking Signs should be erected in 2800 block NE Loop 286. Mr. Holmes moved to item #4 regarding any future agenda items. There were none. At 5:30pm Mr. Kohls made a motion to adjourn the meeting and was second by Mr. Shiver. Motion carried 6-0 8 MINUTES REGULAR MEETING PLANNING AND ZONING COMMISSION CITY OF PARIS - CITY HALL COUNCIL CHAMBERS 107 E. KAUFMAN STREET PARIS, TEXAS MONDAY, JUNE 4, 2012 5:30 O'CLOCK P.M. I. The regular meeting of the Planning and Zoning Commission on Monday, June 4, 2012, was called to order at 5:30 p.m. by Dennis Chalaire, Chairman. A. The following members were present: Dennis Chalaire James Price Jerry Akers Keith Flowers Holland Harper B. The following members were absent: Keith Barnett Richard Hunt C. Also present were Shawn Napier, Director of Engineering, Planning and Development; Jeanna Scott, Assistant Building Official; Kent McIlyar, City Attorney; Randy Tuttle, Assistant Police Chief; and John Godwin, City Manager. 2. Approval of minutes from previous meetings. (May 7, 2012) Motion was made by Holland Harper, seconded by James Price to approve the meeting minutes for May 7, 2012. Motion carried 6-0. 3. Public hearing and consideration of and action on amending Section 8-108 and Section 12-100 of the City's Zoning Ordinance No. 1710 to require a specific use permit (SUP) for head shops, smoke shops and/or drug paraphernalia shops in Light Industrial (LI) and Heavy Industrial (HI) zoning districts, A. Public hearing was declared open. No one spoke in favor of the petition. No one spoke in opposition of the petition. B. Public hearing was declared closed. ~ Commissioners discussed the proposed amendment to the Zoning Ordinance. James Price asked will this limit access for this type of business within the city. Shawn Napier stated yes it would limit the business to a light industrial or heavy industrial district and they would have to apply for a specific use permit. Dennis Chalaire stated so the purpose of this ordinance is to define the types of establishments that fall under the jurisdiction of the ordinance and to provide a method for controlling where these types of establishments can be located by requiring they obtain a special use permit. Holland Harper asked does this mean that an existing business could have their certificate of occupancy repealed. Shawn Napier stated no existing businesses would not be affected they would be grandfathered until they move or change the business. Kent McIlyar, City Attorney stated the best example of a business of this nature would be the Waterpipe. The Waterpipe was forced to move after it was determined by the City that they had not applied for a Certificate of Occupancy. Once they applied it was determined they could not operate this type of business in the neighborhood service district they currently where located in. Mr. McIlyar further stated they moved to their current location on North Main which is a retail district. At that time the City didn't have any definition on the city's zoning books that would narrow this type of business down to a specific location, therefore they were allowed to relocate in a general retail district. The specific use permit you are considering would limit this type of business to a light or heavy industrial area and they would be required to apply for a specific use permit. Mr. McIlyar stated that this will trigger a site specific review; this review would require a public hearing and property owner notification thru the Planning and Zoning Commission; at which time the Planning and Zoning Commission would then make a recommendation to approve or deny the request to the City Council. After additional discussion the commission made the following recommendation. Motion was made by Holland Harper, seconded by Keith Flowers to recommend amending Sections 8-108, 8-201 and 12-100 of the City's Zoning Ordinance No. 1701, limiting the operation of Head Shops to Heavy Industrial and Light Industrial zoning districts by specific use permit only to the City Council. Motion carried 6-0. 4. Consideration of and action on the Muster Plat of Lot 1 and 2, Block A, D& P Addition, being number 1150 Clement Road. Commissioners reviewed the master plat and attached City Engineer's memo. Shawn Napier reviewed the proposed new addition to the current structure which will include a new parking area with commissioners. Motion was made by Holland Harper, seconded by Jerry Akers, to approve the Master Plat, subject to the City Engineer's recommendation. Motion carried 6-0. 5. Consideration of and action on the Preliminary Plat of Lot 1 and 2, Block A, D& P Addition, being number 1150 Clement Road. Motion was made by Holland Harper, seconded by Dennis Chalaire to approve the Preliminary Plat, subject to the City Engineer's recommendation. Motion carried 6-0. 10 6. Consideration of and action on the Final Plat of Lot 1 and 2, Block A, D& P Addition, being number 1150 Clement Road. Motion was made by Dennis Chalaire, seconded by Holland Harper to approve the Final Plat, subject to the City Engineer's recommendations. Motion carried 6-0. Consideration ofand action on the Preliminary Plat ofLot 1, Block A, Farris 235-A Addition, being number 1818 West Henderson Street. Plat was withdrawn. 8. Meeting adjourned at 5:46 p.m. APPROVED THIS 2"d DAY OF JULY, 2012 ~Ql`~ AM_~\'w~n~,' ` Chairman 11 Paris Economic Development Corporation Regular Meeting Minutes June 12, 2012 Board Members Staff Present: Pike Burkhart, Chairman Present: Steve Gilbert, PEDC Rick Poston Bruce Carr Doug Wehrman Ex-Officio Members Guest(s) Present: Jon Landers, Chamber Chairman Present: Pam Anglin, PJC President John Godwin, City Manager Legat Counsel: Kent Mcllyar City Council Liaison: None Shannon Barrentine, PEDC Laurie O'Neal, Governor's Office of Economic Development Jeff Parish, eParisTexas.com Charles Richards, eParis Extra Pike Burkhart, Chairman, called the meeting to order at 3:10 p.m. He welcomed those present. Amended Minutes from the April 26, 2012 Called Board meeting were reviewed. Bruce Carr made a motion to approve the Amended Minutes, as submitted; seconded by Doug Wehrman. Motion Carried 4-0. Minutes from the May 15, 2012 Regular Board meeting were reviewed. Rick Poston made a motion to approve the May 15, 2012 Minutes, as submitted; seconded by Bruce Carr. Motion Carried 4-0. Financial report for April, 2012 was reviewed. The Financials were approved, as submitted, by a motion from Rick Poston; seconded by Bruce Carr. Motion Carried 4-0. Steve Gilbert led a discussion about the April through August calendar of events for the Paris EDC Board and Staff. In addition, he announced that the Red River Region Business Incubator (R3bi) was a recipient of a$50,000 Grant from the USDA to establish a revolving loan fund to benefit small business and entrepreneurs. The R3bi Board will oversee the applicants and administer the fund through a newly formed loan committee. Steve also reported that a grant application for $600,000 through the EDA/Public Works to support a kitchen incubator, to assist smaller communities in the region to start a business incubator, assist with technical training, etc. This application will require the joint effort of Paris Jr. College, Lamar County Coalition for Business, Education & Industry along with Texas A&M-Commerce. The full application is available for viewing on the Paris EDC's website by entering "edapw" in the Proposal Box located in the upper right hand corner. Steve had received a telephone call the day before, from an EDA staff person, evaluating the submittaL Bruce Carr wanted to confirm that the grant opportunities are a direct result of our recent visits to Austin and Washington, DC, and based on the just completed business plan, and the work of Richard Seline. Grant awards will increase the ROI of our manufacturing initiative. 12 PEDC Board Meeting Minutes June 12, 2012 Discussion took place on what a grant writer would cost. Steve said he felt Rachel Schory had done an excellent job on the 2 to 3 Grant applications that had been submitted. Grant writers aren't cheap. They can charge up to 10% of the total Grant amount and the Grants that have currently been applied for did not include administration fees. Steve has a trip planned to visit with TMAC/TEEX personnel on their ability to assist with a Manufacturing Jobs Accelerator Grant the last week of June. Discussion and possible action regarding proposed revisions to the current Citv of Paris' Policv Statement Criteria and Guidelines for Tax Abatement: Kent Mcllyar, Legal Counsel, addressed those present. He told them that he had looked at other communities' policies. The Paris City Council wants to . see the process streamlined and less complicated. The City Council deferred action at their last meeting in June. The original policy had charts pertaining to what level an abatement would apply. Most abatements are relative to job creation. Although, Plano, Texas' policy doesn't focus onjob creation but the amount of capital investment. Pam Anglin stated that she felt the current policy that was agreed to by all three taxing entities made it simpler to provide a letter to prospective industry stating exactly what abatements would be approved (meeting the designated criteria) rather than have to take each issue before the entities' respective Boards for a decision. More discussion took place. Doug Wehrman made a motion to recommend to the Paris City Council to approve renewal of the existing Tax Abatement Policy between the three local taxing entities (City of Paris, Lamar County and the Paris Junior College) for the short-term, and to activate the "Tax Abatement Committee" (Section II, (s)) to review any proposed changes, including: a) Simplify and clarify the criteria and policies based on jobs and capital investment; b) Provide an abatement policy for residential properties, including release of City liens for property located inside City limits; and c) Provide a policy for property located outside of the City limits, but within the County and Paris Junior College's jurisdictions and to finalize a revised policy for approval by all governing bodies within 90 days. Motion Carried 4-0. Discussion and possible action regardinE consideration and aqproval of a Resolution bv the Board of Directors of the Paris Economic Develoament Corporation pledOng certain "Pledzed Revenues" of the Cornoration, including "Gross Sales Tax Revenues", to the pavment of the Corporation's Obli2ations to the Sulahur River Mobilitv Authoritv pursuant to an Interlocal Cooperative Agreement relatin2 to the State Hi2hwav 24 Proiect; Approving the substantiallv Final Versions of the Two State Infrastructure Bank Loan Agreements between the Authoritv and the Texas Department of Transnortation and the Interlocal Cooperative A2reement between the Authoritv and the Participants; and other matters relating thereto: Steve informed the Board that the State Infrastructure Bank (SIB) Loan documents had changed drastically. That due to Paris EDC's current outstanding Bonds for Paris Packaging that TxDOT wanted parity obligation on future sales tax revenues to debt There was a SuRRMA Board meeting the week prior and Delbert Horton, Chairman, was negotiating between SuRRMA and TxDOT attorneys. Steve would be meeting with Paris EDC's attorney on the matter, June 13"' in San Marcos. Not ready to take action on this item at this time. Discussion and possible action regarding Revenue Bond Pavments pertaininE to the Paris Packagine Bonds and the timeline and costs affiliated with the defeasance process for pavment, to term, of same. Steve asked them to view the document provided by Southwest Securities. For Paris EDC to create a defeasance on the existing Bond debt a third party (escrow) account would need to be established in the amount of $2,370,940.15. The defeasance process takes about 90 days. The Board asked if that amount included all processing fees associated with the process. Steve said he would check into it. No action was taken on this item. 13 PEDC Board Meeting Minutes June 12, 2012 Discussion and possible action of the revised Policv & Procedure Manuel for the Paris EDC. The Board reviewed the Draft of the Policy & Procedure Manual. It was asked that the evaluation forms for all positions, disciplinary action form and travel allowance language be amended. Not action was taken on this item. The Board convened into executive session at 4:36 p.m. pursuant to Section 551.072, and Section 551.087 of the Texas Government Code to discuss and deliberate on the following: A. Section 551.072 - Real Property B. Section 551.087 - Economic Development Negotiations Executive session ended at 5:50 p.m. The Board reconvened into open session. The following action was taken as a result of executive session discussion: Rick Poston made a motion for the Executive Director to explore contract options for Special Counsel with Fulbright & Jaworski and to further negotiations on Projects: Tiger Tale and White Space; seconded by Bruce Carr. Motion Carried 4-0. Doug Wehrman made a motion to adjourn at 5:51 p.m.; seconded by Rick Poston. Motion Carried 4-0. Respectfully submitted, Shannon Barrentine Asst. Executive Director Paris EDC - ~ 14 Paris Economic Development Corporation Called Meeting Minutes June 15, 2012 Board Members Present: Pike Burkhart, Chairman Rick Poston Bruce Carr Kenny Dority Doug Wehrman (Joined at 1:14 p.m.) Ex-Officio Members Present: AJ Hashmi, Mayor Judge Superville (Joined at 1:18 p.m.) Staff Present: Steve Gilbert, PEDC Shannon Barrentine, PEDC Fred Green, R3bi Guest(s) Present: Toni Clem Bill Harris Jeff Parish, eParisTexas.com Legal Counsel: None City Council Liaison: None Pike Burkhart, Chairman, called the meeting to order at 1:10 p.m. He welcomed the newly appointed members to the Paris EDC Board, Toni Clem and Judge Bill Harris along with others in attendance, Jeff Parish and Mayor Hashmi. Steve Gilbert led those present into a discussion of the Paris EDC's current and proposed revenues and expenses. Discussion took place amongst those present on various topics. Doug Wehrman made a motion to approve the proposed budget, with an amendment to increase the amount allocated for incentive pay to Rogers-Wade from $30,000 to $60,000 for FY 2012-13 reflecting two (2) years of incentives and also, to have Kenny Dority and Bruce Carr take a look at the Budget, come back to the Board with any recommendations to reduce the proposed FY 2012-13 Budget to make it look better than was originally presented; seconded by Rick Poston. Motion carried 4-1 with Kenny Dority opposing. The Board convened into executive session at 3:00 p.m. pursuant to Section 551.072, and Section 551.087 of the Texas Government Code to discuss and deliberate on the following: A. Section 551.072 - Real Property B. Section 551.087 - Economic Development Negotiations Executive session ended at 3:26 p.m. The Board reconvened into open session. There was no action as a result of executive session discussion. There being no further business, the Board adjourned at 3:26 p.m. Respectfully submitted, Shannon Barrentine Asst. Executive Director Paris EDC 15 Paris Economic Development Corporation Called Meeting Minutes June 18, 2012 Board Members Present: Kenny Dority Rick Poston Bruce Carr Doug Wehrman Ex-Officio Members Present: Judge Chuck Superville John Godwin, City Manager Staff Present: Steve Gilbert, PEDC Shannon Jones, PEDC Guest(s) Present: Terry Christian, Peoples Bank Grant & Kelli Mallicote Legal Counsel: None City Council Liaison: None Kenny Dority, Vice Chairman, called the meeting to order at 4:13 p.m. The Board convened into executive session at 4:13 p.m. pursuant to Section 551.072, and Section 551.087 of the Texas Government Code to discuss and deliberate on the following: A. Section 551.072 - Real Property B. Section 551.087 - Economic Development Negotiations Executive session ended at 5:13 p.m. The Board reconvened into open session. As a result of executive session discussion, the Board took the following action: Doug Wehrman made a motion to direct the Executive Director, Steve Gilbert, to negotiate an incentive deal with Project Tiger Tale; seconded by Bruce Carr. Motion carried 4-0. There being no further business, the Board adjourned at 5: ] 5 p.m. Respectfully submitted, ShannonJones Administrative Assistant Paris EDC 16 1Paris Economic Development Corporation Called Meeting Minutes June 29, 2012 Board Members Staff Present: Pike Burkhart, Chairman Present: Steve Gilbert, PEDC Rick Poston Bruce Carr Kenny Dority Doug Wehrman Ex-Officio Members Guest(s) Present: Jon Landers, Chamber Chairman Present: John Godwin, City Manager Legal CounseL• City Council Liaison: Kent Mcllyar Matt Frierson Shannon Barrentine, PEDC Fred Green Gene Anderson, Finance Dir. Toni Clem Bill Harris Jeff Parish, eParisTexas.com Connie Beard, The Paris News Kay O'Dell, NE TX WF Solutions Pike Burkhart, Chairman, called the meeting to order at 1:06 p.m. He welcomed those present. Discussion and possible action to provide direction to Staff re2arding the following oqtions: 1. To pav $1,450,000 in cash to Texas Department of Transportation (TxDOT)/Sulphur River Regional Mobilitv Authoritv (SuRRMA) for Paris EDC's share of the Hiahwav 19/24 four-lane widenin2 proiect (see languai!e for Section 2.5); or 2. To enter into a 20-vear State Infrastructure Bank (SIB) Loan Agreement alonE with Lamar Countv and the Citv of Cooqer. The estimated annual pavment is $103,700. This ontion will constrain Paris EDC's future ability to take on additional debt based on TxDOT's requirements. Steve told those present the history of the upcoming State Infrastructure Bank (SIB) Loan through the Sulphur River Regional Mobility Authority (SuRRMA). Steve had been working with William `Dub' Sutherland as Special Counsel for this project to review all pertinent documents. Steve said that Mr. Sutherland highly recommended that the Paris EDC pay their portion ofthe project ($1.45 Million) upfront in order to forego the constraints that SIB/TxDOT wants to place on the Paris EDC, in the future. Kenny Dority made a motion to approve upfront payment to SuRRMA in the amount of $1.45 Million as their portion of the project with the knowledge that if the project comes in under budget the Paris EDC would not reap the benefit but that Lamar County and the City of Paris would; seconded by Rick Poston. Motion Carried 5-0. Discussion and possible action regarding Revenue Bond Pavments pertainin2 to the Paris Packaging Bonds and the timeline and costs associated with the defeasance qrocess. This item was not necessary due to the action taken on item, above. - - 17 PEDC Board Meeting Minutes June 29, 2012 Discussion and possible action regarding a nossible Budget amendment for Fiscal Year 2011-12. Doug Wehrman made a motion to approve an amendment to the current Fiscal Year Budget 2011-12 to add the payment to SuRRMA in the amount of $1.45 Million, from Reserves, for the Highway 19/24 widening project; seconded by Kenny Dority. Motion Carried 5-0. The Board convened into executive session at 1:30 p.m. pursuant to Section 551.072, and Section 551.087 of the Texas Government Code to discuss and deliberate on the following: A. Section 551.072 - Real Property B. Section 551.087 - Economic Development Negotiations The Board re-convened into open session at 3:02 p.m. and took a 5 minute recess. As a result of executive session discussion, the Board took the following action: Rick Poston made a motion to cancel the existing lease with the Lamar County Chamber of Commerce, for convenience, and direct Steve Gilbert to send a letter of notice, to Jon Landers, Chamber Chairman; seconded by Kenny Dority. Motion Carried 5-0. Kenny Dority made a motion to instruct Steve Gilbert, Executive Director, to continue negotiations with Liberty National Bank on Project NMC; seconded by Doug Wehrman. Motion Carried 5-0. Discussion and possible action regardin2 the proposed Paris EDC Bud2et for Fiscal Year 2012-13. Bruce Carr stated that he would like to form a Working Group to assess the cost benefit of Retail Attractions (Rickey Hayes); Performance of the Incubator and possible pay increases for the Paris EDC Staff: (This will be revisited after the new Board members are sworn in and new officers elected.) Doug Wehrman made a motion to recommend approval of the proposed Fiscal Year 2012-13 Budget with changes (eliminating the line item for the SuRRMA annual payment); seconded by Bruce Carr. Motion Carried 5-0. Doug Wehrman made a motion to adjourn at 3:45 p.m.; seconded by Rick Poston. Motion Carried 5-0. Respectfully submitted, Shannon Barrentine Asst. Executive Director Paris EDC 18