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05/11/2015MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF PARIS, TEXAS May 11, 2015 The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday, May 11, 2015, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Matt Frierson Council Members: Richard Grossnickle; Aaron Jenkins; Sue Lancaster; Benny Plata; Edwin Pickle; and A.J. Hashmi City Staff: John Godwin, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Gene Anderson, Finance Director; Jerry McDaniel, Public Works Director; Doug Harris, Utilities Director; and Thomas McMonigle, Deputy Fire Chief Opening Agenda 1. Call meeting to order. Mayor Frierson called the meeting to order at 5:30 p.m. 2. Invocation. Gene Anderson gave the invocation. 3. Pledge of Allegiance. Council Member Plata led the pledge. 4. a. Citizens' Forum. Grover Michael Glatfelter, 1345 S.E. 6t1i Street, vice -chair for Historic Preservation Commission — he said there were several historic buildings in downtown in which permits were issued to HWH, and they did not go through the Historic Preservation Commission. Mr. Glatfelter asked City Council to place this item on a future City Council agenda to find out why they did not go through the Historic Preservation Commission review. A.J. Hashmi, 4510 FM 195 — he said he had received a couple of letters from citizens who could not be at the meeting. The first letter he read was from Boyd and Debbie Hudgens "who were asking that the City disannex their property due to lack of services. When annexed in 1998, we were promised all city services. In March Of 2013, we applied for disannexation and we were denied. In September 2013, our disannexation again was placed on the agenda and I spent a lot of time gathering documents, we spent over $8,000 in attorney fees, were promised city services, and were denied disannexation. We voted yes on the 45 million dollar bond project Regular Council Meeting May 11, 2015 Page 2 and it is my understanding money was set aside to provide water and sewer services to our area and there is no plan in sight to provide these services to us as previously promised. Frankly, we do not want these services and just want to be disannexed. Since 1998, we have paid $12,702.00 in city taxes." Council Member Hashmi said he knew he did not have much time left so he would read the other letter at the next Council meeting. In summary, he said Mr. Franjo was quite upset about a couple of things and specifically that taking someone's property by legal means for a walking trail in a town that could not get serious about sidewalks was a great injustice to many people. James Price, 1230 Shiloh — he said they need sidewalks on the West side of town. b. Proclaim the month of May as Project "PEDAL ON." Council Member Hashmi said that Mr. Prakash had a flight delay and would be unable to make the meeting, however could come to the next meeting PISD instructor Deb Fleming said she was willing to accept the proclamation for Mr. Prakash. Mayor Frierson read the proclamation and presented it to Deb Fleming. Consent Agenda Mayor Frierson 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 Hashmi and seconded by Council Member Pickle. Motion carried, 7 ayes — 0 nays. 5. Approve the minutes from the City Council meeting on April 27, 2015. 6. Receive reports and /or minutes from the following boards, commissions, and committees: a. Paris Economic Development Corporation (2 -18 -2015, amended & 3 -10 -2015) b. Planning and Zoning Commission (4 -6 -2015) c. Traffic Commission (4 -7 -2015) 7. Approve Change Order No. Two to a contract with SimWick increasing the contract amount by $50.86; and authorize the final payment in the amount of $15,148.17 for the 2014 Downtown Sidewalk Improvements Project, TCF Contract No. 713272. Approve Change Order No. Two to Contract A with B. Bray Construction decreasing the contract amount by $108,219; and authorize the final payment in the amount of $90,725.50 for the 2013 Capital Improvement Program. Regular Agenda 9. Discuss, conduct a public hearing and act on ORDINANCE NO. 2015 -013: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, Regular Council Meeting May 11, 2015 Page 3 AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOT 22, CITY BLOCK 297, LOCATED AT 1836 BUTLER LANE, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE - FAMILY DWELLING DISTRICT NO. 3 (SF -3) TO A ONE - FAMILY DWELLING DISTRICT NO. 3 (SF -3), ADDING A SPECIFIC USE PERMIT (39) FOR A MOBILE HOME TO THE EXISTING PROPERTY; 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. City Engineer Shawn Napier explained that the owner requested a change in zoning to allow a mobile home. He explained the property was issued an SUP for a mobile home in 1997 which had expired and the applicant wanted to exchange an older mobile home with a newer one. Mr. Napier also said the future land use plan listed this property as manufactured housing and that Planning and Zoning approved this item. Mayor Frierson opened the public hearing asking for anyone wishing to speak in support or opposition of this item, to please come forward. Shabecka Wilson spoke in support of the zoning change. A Motion to approve this item was made by Council Member Lancaster and seconded by Council Member Grossnickle. Motion carried, 7 ayes — 0 nays. 10. Discuss, conduct a public hearing and act on ORDINANCE NO. 2015 -014: 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 1, CITY BLOCK A, OFFUTT PROPERTIES, LLC ADDITION NO. 2 CB 94, LOCATED AT 805 NORTH MAIN STREET, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) TO A COMMERCIAL DISTRICT (C); ADDING A SPECIFIC USE PERMIT (55) FOR A SELF STORAGE /MINI WAREHOUSE TO THE EXISTING PROPERTY; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICAL ZONING MAP OF THE ICTYL PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Napier said the owner requested this zoning change in order to add storage on the back side of an existing car lot. He also said the Planning and Zoning recommended the zoning change. Mayor Frierson opened the public hearing asking for anyone wishing to speak in support or opposition of this item, to please come forward. Marx Offutt spoke in support of the zoning change. Regular Council Meeting May 11, 2015 Page 4 A Motion to approve this item was made by Council Member Plata and seconded by Council Member Hashmi. Motion carried, 7 ayes — 0 nays. 11. Discuss, conduct a public hearing and act on ORDINANCE NO. 2015 -015: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFRE AMENDED, SO AS TO REZONE LOT 3C & 3D, CITY BLOCK 281, LOCATED AT 1640 & 1650 CLEMENT ROAD, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C), WITH A SPECIFIC USE PERMIT (55) FOR A SELF STORAGE /MINI WAREHOUSE TO THE EXISTING PROPERTY; DIRECTING A CHANGE ACCORDINLY 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. Napier said the owner requested a zoning change so that he could construct storage buildings on his property where his office and warehouse were located. Mr. Napier also said a storage building is an approved use on this property according to the future land use plan. Mayor Frierson opened the public hearing asking for anyone wishing to speak in support or opposition of this item, to please come forward. Martin Blake spoke in support of the zoning change. A Motion to approve this item was made by Council Member Grossnickle and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 12. Discuss, conduct a public hearing, and act on an Ordinance considering the petition of Chris Methvin for a change in zoning from a General Retail District (GR) to a Commercial District (C) on Lots 25 & 26, Block A, Johnson Woods Estate addition, located at 3015 Clarksville Street. Mr. Napier said a zoning change request was received proposing a used car dealership on this property. He also said the future land use plan recommends this property as retail use and does not recommend commercial use anywhere along Clarksville Street. Mr. Napier said a public hearing was conducted at the P &Z meeting and several persons opposed the zoning change. He also said that Planning and Zoning recommended denial of this zoning change, as did city staff. A Motion to deny the zoning change was made by Council Member Pickle and seconded by Council Member Lancaster. Motion carried, 7 ayes — 0 nays. 13. Discuss and act on RESOLUTION NO. 2015 -023: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS AUTHORIZING THE CITY TO BE ELIGIBLE TO PARTICIPATE IN TAX ABATEMENTS AND APPROVING GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENTS IN THE Regular Council Meeting May 11, 2015 Page 5 CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Manager John Godwin said City Council requested staff to amend the existing tax abatement policy to exempt existing industry from certain maximum abatement amounts and he recommended approval of the resolution. Council Member Pickle commented that once the PEDC and City Council were seated, he would like for them to review definitions such as full - time employees to make sure they were all in agreement of those definitions. Mr. Godwin reminded City Council by adopting these amendments, that the City's policy would be different than the other taxing entities. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Hashmi. Motion carried, 7 ayes — 0 nays. 14. Discuss, conduct a public hearing and act on ORDINANCE NO. 2015 -016: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS CREATING A REINVESTMENT ZONE ENCOMPASSING THE TURNER INDUSTRIES PLANT PROPERTY IN PARIS, LAMAR COUNTY, TEXAS MORE PARTICULARLY DESCRIBED AND DEPICTED IN EXHIBIT "A" ATTACHED HERETO IN ACCORDANCE WITH CHAPTER 312 OF THE TEXAS TAX CODE; MAKING OTHER FINDINGS RELATED THERETO AND PROVIDING AN EFFECTIVE DATE. City Attorney Kent McIlyar said at the last meeting City Council indicated they wanted to give consideration of a tax abatement for Turner Industries. Mr. McIlyar explained prior to granting a tax abatement, a reinvestment zone would need to be created. He said the engineering department provided the map and that he forwarded it to Mr. Glascock for review and included it in their agenda packet. Council Member Pickle confirmed with Mr. McIlyar that the reinvestment zone would be for a five year period with an automatic renewal of an additional five year period at the expiration of the initial term. 15. Convene into Executive Session pursuant to: • Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal advice from the City Attorney about pending or contemplated litigation and /or on matters in which the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, clearly conflict with this chapter, as follows: A. Benjamin Glick/Tri-State Iron & Metal claim/investigation. B. Paris Warehouse 107 tax abatement. • 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 Regular Council Meeting May 11, 2015 Page 6 located, 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 Subdivision (1) as follows: Paris Lakes Project. • Section 551.074 of the Texas Government Code of the Texas Government Code (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee, as follows: city attorney. Mayor Frierson convened City Council into executive session at 5:55 p.m. 16. Reconvene into Open Session and possibly take action on those matters discussed in Executive Session. Mayor Frierson reconvened City Council into open session at 7:21 p.m. and said Council received an update from the City Attorney on the two items listed on the agenda. A Motion to direct the City Attorney to continue negotiations on the Paris Lakes Medical Center was made by Council Member Pickle and seconded by Council Member Hashmi. 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. No events were referenced. 18. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Pickle and was seconded by Council Member Plata. Motion carried, 7 ayes — 0 nays. The meeting was adjourned at 7:22 p.m. MATT FRIERSON, MAYOR ICE ELLIS, CITY CLERK