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03 City Council Min 11-21-05 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS November 21, 2005 1. The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, November 21, 2005, at the Love Civic Center, 2025 South Collegiate Drive, Paris, Texas. Present: Mayor: Curtis Fendley Council Members: Tim Ray; Richard Manning, Mayor Pro Tern; Mary Ann Fisher; Karen Wilkerson; Rick Poston; and Don Wilson City Staff: Tony N. Williams, City Manager; John Lestock, Assistant City Attorney; and Janice Ellis, City Clerk 2. Receipt of report from the Planning & Zoning Commission. A&B. ORDINANCE NO. 2005-060: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A TWO-F AMIL YDWELLING DISTRICT (2F) ON LOT 1, CITY BLOCK 255-A, ON PROPERTY BELONGING TO THOU HAN, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE- FAMIL Y DWELLING DISTRICT NO. 2 (SF-2); DESIGNATING THE BOUNDARIES OF THE TWO-F AMIL Y DWELLING DISTRICT (2F) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES ORP ARTS OF ORDINANCES IN CONFLICT HEREWITH; AND ALL DECLARING AN EFFECTIVE DATE. Mayor Fendley opened the public hearing and asked for anyone speaking in favor of this item to do so. Thou Chan spoke in support of this item. Mayor Fendley asked for anyone speaking against this item to do so. With no one else speaking, Mayor Fendley closed the public hearing. A Motion to approve was made by Council Member Wilson and seconded by Council Member Manning. Motion carried, 7 ayes - 0 nays. T .. - . r . Regular City Council Meeting November 21,2005 Page 2 C&D. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME ON PART OF LOT 1, BLOCK 3 OF THE PICKARD ADDITION, ON PROPERTY BELONGING TO CAROLINE DANGERFIELD, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE- FAMIL Y DwELLING DISTRICT NO. 3 (SF-3); DESIGNATING THE BOUNDARIES OF THE ONE-FAMILY DWELLING DISTRICT NO.3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME SO ESTABLISHED; PROVIDING FORA PENAL TYNOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES ORP ARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. Mayor Fendley opened the public hearing and asked for anyone speaking in favor of this item to do so. Caroline Dangerfield, 261 25th Street N.W., spoke in support of this item. Neighbors, Ann Johnson and Margaret Clement, also spoke in favor of this item. Mayor Fendley asked for anyone speaking against this item to do so. With no one else speaking, Mayor Fendley closed the public hearing. A Motion to approve this item was made by Council Member Ray and seconded by Council Member Fisher. Mayor Fendley inquired as to if the mobile home was on wheels or ifit was going to be on a foundation. Ms. Dangerfield said that it could be on wheels or on a foundation. Council Member Wilson wanted to know if it was going to have a metal roof or a shingle roof. Ms. Dangerfield said it had a metal roof. Council Member Wilson said that at the time Planning and Zoning denied this request, they had opposition. He further stated he thought they should send it back to Planning and Zoning since it appears that the neighbors do not oppose this zoning change. Council Member Ray withdrew his motion to approve this item. A Motion to table this item and refer it back to Planning and Zoning was made by Council Member Wilson and seconded by Council Member Fisher. Motion carried, 7 ayes - o nays. T ... Regular City Council Meeting November 21,2005 Page 3 E&F. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A NEIGHBORHOOD SERVICE DISTRICT (NS) ON LOT 1 AND WEST 15' OF LOT 2, BLOCK 1 OF THE ANITA PARK ADDITION, ON PROPERTY BELONGING TO VICTOR CHAVEZ, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATEDASAMULTIPLE-FAMIL YDWELLING DISTRICT NO. 1 (MF-l); DESIGNATING THE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (NS) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. Mayor Fendley opened the public hearing and asked for anyone speaking in favor of this item to do so. Victor Chavez and Paul Stephens spoke in favor of this item. Paul Stephens informed Council that Mr. Chavez wanted to put a business on this property. He further informed Council that when Mr. Chavez went to Planning and Zoning he had planned on building a house on the property, in which he would live in half of the house and operate a bakery in the other part ofthe house. Subsequently, Mr. Chavez has decided that he wants to put a building on the property for a business only. Council Member Wilson wanted to know what kind of material the building would be built out of. Mr. Stephens informed Council it would be a metal building with brick veneer on the front. Council Member Wilson asked if it could be built with a composition roof and Mr. Stephens said probably. Council Member Wilkerson wanted to know ifhe had any plans and Mr. Stephens told Council no. Mayor Fendley asked for anyone speaking against this item to do so. With no one else speaking, Mayor Fendley closed the public hearing. Lisa Wright informed Council that Planning and Zoning recommended that the property be zoned Planned Development instead of Neighborhood Services. This zoning would give them the ability to determine the location of the building, as well as the drives. A Motion to deny this item was made by Council Member Wilson and seconded by Council Member Wilkerson. Motion carried, 5 ayes - 2 nays, with Council Member Manning and Council Member Fisher casting the dissenting votes. Council Member Wilson made a Motion to amend his Motion and table this item to be returned to Planning and Zoning for additional information. Council Member Wilkerson ,..-- 'f Regular City Council Meeting November 21, 2005 Page 4 seconded the Motion. Motion carried, 7 ayes - 0 nays. G&H. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A PLANNED DEVELOPMENT DISTRICT-OFFICE CENTER (PD-t) ON A 5.574 ACRE TRACT OF LAND LOCATED TO THE EAST OF TOWNWOOD ESTATES # 1 AT THE EAST END OF LEVI LANE, ON PROPERTY BELONGING TO BOBBY SMALL WOOD, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICUL TURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE PLANNED DEVELOPMENT DISTRICT-OFFICE CENTER (PD-t) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES ORP ARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AS EFFECTIVE DATE. Mayor Fendley opened the public hearing and asked for anyone speaking in favor of this item to do so. Lisa Wright informed Council that Mr. Smallwood had asked this item be tabled so that he could meet with the developers of this property to address issues, such as entrances into the property. Mayor Fendley stated that since citizens were present to speak in opposition, that Council should hear them. Mayor Fendley asked for anyone speaking against this item to do so. Richard Culver, 1130 Levi Lane, spoke against this item. Also, speaking against this item was Raphael C. Lui, 1140 Levi Lane. With no one else speaking, Mayor Fendley closed the public hearing. A Motion to table this item and return it Planning and Zoning was made by Council Member Wilson and seconded by Council Member Manning. Motion carried, 7 ayes - 0 nays. I. Consideration of and action on the Final Plat ofB.D.T. Subdivsion. Subject to the Engineer's recommendations, a Motion to Approve was made by Council Member Wilson and seconded by Council Member Wilkerson. Motion carried, 7 ayes - 0 nays. J. Consideration of and action on the Final Plat, Lot 5, Block A ofthe Industrial Park #1, being number 1810 Loop 286 S.W.. Subject to the Engineer's recommendations, a Motion to Approve was made by Regular City Council Meeting November 21,2005 Page 5 Council Member Manning and seconded by Council Member Ray. Motion carried, 7 ayes - o nays. K. Consideration of and possible action on the Final Plat of Lot 4 ofthe East Park Center, Toyota of Paris. Subject to the Engineer's recommendations, a Motion to Approve was made by Council Member Manning and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. CONSENT AGENDA Upon a motion made by Council Member Poston and a second by Council Member Manning, the Council voted seven (7) for and none (0) opposed to approve and adopt the Consent Agenda, Items 3, 4, and 4A as follows: 3. Approval of minutes from previous City Council meetings. (11-7-2005) 4. Receipt of reports and/or minutes from committees, boards, and commissions: A. Paris Economic Development Corporation. (10-19-05) 5. Consideration of and action on the following ordinances: A. FIRST READING: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PURSUANT TO SECTION 7 OF THE CITY CHARTER AND SECTION 43.142 OF THE LOCAL GOVERNMENT CODE, DISANNEXING A 691.82 ACRE TRACT OF LAND BETWEEN COX FIELD AND US HWY 82 EAST FORMING A PORTION OF THE CURRENT OUTER BOUNDARIES OF THE CITY LIMITS OF THE CITY OF PARIS; MAKING A FINDING WITH REGARD TO POTENTIAL REFUNDS OF PROPERTY TAXES TO DISANNEXED LANDOWNERS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Tony Williams informed Council that this tract of land was not the land that was involved in the lawsuit a couple of years ago. He further stated in order the protect the future maximum expansion of the runway, we needed to get an easement that restricts the height of structures. There have been two easements drawn up, because there are two property .,. .. . T Regular City Council Meeting November 21,2005 Page 6 owners involved. Staff plans to gets those easements signed and brought back to Council prior to the second reading. In response to Council Member Fisher's concern regarding the master plan, Tony advised Council that there was no waste water service going into the tract ofland. Council Member Manning wanted to know the benefit of disannexing the property. Tony told Council it was a cost savings to the City, in that they would not have to provide services. Council Member wanted to know if there would be a refund of taxes on the disannexed property. Tony informed Council there would not be a refund, because there had been more services provided than had been collected in taxes due to exemptions on the property . A Motion to Approve the reading was made by Council Member Wilson and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. B. FIRST READING: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PURSUANT TO SECTION 7 OF THE CITY CHARTER AND SECTION 43.142 OF THE LOCAL GOVERNMENT CODE, DISANNEXING A 313.095 ACRE TRACT OF LAND AT US HWY 271 NORTH FORMING A PORTION OF THE CURRENT OUTER BOUNDARIES OF THE CITY LIMITS OF THE CITY OF PARIS; MAKING A FINDING WITH REGARD TO POTENTIAL REFUNDS OF PROPERTY TAXES TO DISANNEXED LANDOWNERS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to Approve the reading was made by Council Member Wilson and seconded by Council Member Poston. Motion carried, 7 ayes - 0 nays. C. FIRST READING: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PURSUANT TO SECTION 7 OF THE CITY CHARTER AND SECTION 43.142 OF THE LOCAL GOVERNMENT CODE, DISANNEXING A 120.01 ACRE TRACT OF LAND AT STATE HWY 19/24 FORMING A PORTION OF THE CURRENT OUTER BOUNDARIES OF THE CITY LIMITS OF THE CITY OF PARIS; MAKING A FINDING WITH REGARD TO POTENTIAL REFUNDS OF PROPERTY TAXES TO DISANNEXED LANDOWNERS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to Approve the reading was made by Council Member Manning and seconded by Council Member Ray. Motion carried, 7 ayes - 0 nays. Regular City Council Meeting November 21,2005 Page 7 D. ORDINANCE NO. 2005-061: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTL Y ARE IN THE EMPLOYMENT OF THE CITY OF PARIS, TEXAS; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. Tony Williams explained that this item and next item relate to the retirement. He told Council the updated service credit is annually brought before the governing body. If approved by Council, retirees would get a 70% of the CPI increase to help them keep pace with inflation. Eric Davis, deputy executive director for TMRS, explained the update is also inflation protection for the active employee. It updates the benefits based on the most recent three year salary history. The 2006 adoption would be based on the years 2002, 2003 and 2004. There is a cost this coming year of .16% in our contribution. Tony said the other item was set by Legislature in 1947, which did not include an escalator clause. They set a maximum rate instead of an actuarial rate, which was set at 12.5%. Tony said that about 150 cities in Texas had an actuarial rate which was a little above that. They as a system, are proposing to go back to the Legislature this next term to try to change the legislature. Since it has not changed at this time, we have to seek Council's permission to go over the 12.5% legislative cap. Mayor Fendley inquired as to the dollar amount on each one of these items. Mr. Davis said that changing the contribution limit doesn't affect the dollar cost, but is simply allowing the City to pay the calculated rate. Council Member Wilson wanted to know what it was last year. Gene Anderson told Council we were paying 12.78% for 2005. Council Member Wilson wanted to know what it was the year before and Mr. Davis replied 11.84%. Gene said you usually have a rate of three months in a fiscal year October, November, December, and the rate always changes in January. You have nine months of new rate. Gene told Council the dollar cost for updated service credit in annuity change is about $18,300.00 based on the .16% of payroll. Council Member wanted to know the whole dollar value. Gene said the total gross payroll was about 11.4 million. Council Member Wilson said we were paying approximately 1.43 million dollars into this fund. Mr. Davis said if the cap is not removed, the service credits cannot be adopted. Mr. Davis informed Council that the rate does several things, which includes paying in the month to month match as it accrues, paying .. .,. Regular City Council Meeting November 21,2005 Page 8 the costs of the annuity increases to retirees, paying updated service credits for employees and paying the supplemental death benefit for retirees. These items make up the 13.09%. A Motion to Approve was made by Council Member Manning and seconded by Council Member Fisher. Motion carried, 6 ayes - 1 nay, with Council Member Poston casting the dissenting vote. E. ORDINANCE NO. 2005-062: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ELECTING FOR THE CITY TO MAKE CURRENT SERVICE AND PRIOR SERVICE CONTRIBUTIONS TO THE CITY'S ACCOUNT IN THE MUNICIPAL ACCUMULATION FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM AT THE ACTUARIALLY DETERMINED RATE OF TOTAL EMPLOYEE COMPENSATION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Council Member Fisher left the meeting at 7:10 p.m. and returned to the meeting at 7:13 p.m. A Motion to Approve was made by Council Member Manning and seconded by Council Member Fisher. Motion failed, 3 ayes - 3 nays, with Council Member Poston, Council Member Wilson and Council Member Wilkerson casting the dissenting votes. Council Member Ray abstained from voting. Eric Davis informed Council if this item fails that the item pertaining to updated service credits is void. Mayor Fendley asked Council Members if they wanted to reconsider. Tony Williams asked that Council reconsider because it is needed to have a sound retirement system. He informed Council the City can afford to do the actuarial two to one, 6% and it requires the 12.9% rate and the prior service credits takes another .16%. Mr. Davis said the Legislature has provided for this remedy of removing the cap, because they realize this can jeopardize funding for cities that get into these situations. Council Member Ray wanted to know if removing this cap was an annual occurrence. Mr. Davis told him no, that it was a one time occurrence. Council Member Ray wanted to know if we had the money to do this without cutting anything else. Tony Williams answered in the affirmative. Council reconsidered this item and a Motion to approve was made by Council Member Fisher and seconded by Council Member Manning. Motion carried, 6 ayes - 1 nay, with Council Member Poston casting the dissenting vote. Regular City Council Meeting November 21,2005 Page 9 6. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2005-139: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, A WARDING THE BID AND AUTHORIZING THE NEGOTIATION OF A CONTRACT FOR THE DEMOLITION AND DISPOSAL OF DILAPIDATED STRUCTURES IN THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Tony told Council that staffhas obtained from Building and Standards Commission a long list of buildings that have already been ordered for demolition. Tony said staff would try to group these houses in neighborhoods to make an impact. Council Member Wilson wanted to know if all of the houses on the list were in possession of the City. Tony told Council there may be some houses that we do not own, but they have been ordered demolished. Council Member Wilson inquired if there would be a lien placed on the property when we tear the house down and Tony answered in the affirmative. Tony told Council that we received two very good bids and was pleased with how much this will save the City in comparison to what we have been spending in the past. Council Member Manning wanted to know when we will have the contract executed. Tony said within the month. A Motion to Approve was made by Council Member Wilkerson and seconded by Council Member Ray. Motion carried, 7 ayes - 0 nays. 7. Discuss safety training for City employees. Tony said that each department is doing training on safety. He said that the staff is doing monthly training sessions and each participant signs the sheet indicating he or she was at the training. In addition, Tony has asked the Texas Municipal League Intergovernmental Risk Pool to assist staff in making our safety program better. Tony informed Council that he will let them know as new training programs are scheduled, so that Council may visit. Tony wants Council to be comfortable with our training programs. Council Member Poston wanted to know how many hours of training the average city employee is going to get. Tony said he will provide copies of the program to Council. 8. Discuss changes in the Sanitation Department. Tony said we are trying to improve our residential collection and bulk pickup. At T .. .. r Regular City Council Meeting November 21,2005 Page 10 budget time, we had six routes for twice a week pickup. We have reduced that to four routes, have gone to a four day work week and ten hour days. \Ve have not completed our trial period. Weare trying to do bulk pickup on the second pickup day of the twice a week pickup, because the first pickup of the week is a heavier day of pickup. Council Member Fisher wanted to know how many employees were on the four routes. Tony replied eight. Council Member Fisher wanted to know why they were picking up trash after dark and having to complete the pickup the next day. Tony said when we have an equipment problem, we might not finish on that day. Council Member Wilson said the employees that are getting the bulk pickup are doing a much better job and he appreciates what is getting done. Tony said we use to require the citizens to call in for bulk pickup. Council Member Fisher wanted to know if they pay for that and Tony told her no. Tony said they pay for brush. Tony said now when they go by bulk, they are picking it up without the citizen having to call in. Council Member Wilson said at some point they need to take a look at bulk pickup and start charging for it. Council Member Ray expressed concern about the safety ofthe man on the back of the trash truck after dark. Tony said we have other crews from other departments working after dark. He also stated we are still working in the trial process. Mayor Fendley said that we would continue to monitor the process and asked Tony to keep Council informed of any other changes. 9. Consideration of and action on cities to be included in salary survey. Council Member Wilson said that the two cities he does not feel are appropriate for comparison are Duncanville and McKinney. Council Member Wilson wants the survey to include salary, benefits, the CPI for that city, the number of employees within the department vs. the population, the budget for each department, and the number of employees per capita. 10. Citizens Forum. No one spoke. 11. Possible future agenda items. Tony Williams asked for a discussion and possible action item on the sign ordinance with regard to the ability to abate the signs that are not to standard, because our Ordinance does not give us that authority. Lisa Wright added to that request to address the one year-two year law as required by state law. She said if a sign had been abandoned for one year on property that was owned by the person who put the sign up, then we could abate the sign. If it has been on rental property for two years, we can remove the sign. She would also like T .. Regular City Council Meeting November 21,2005 Page 11 Council to consider one additional change to include a maximum of entire signage on property . Council Member Ray asked that a discussion item be placed on the Agenda with regard to the amount of fines collected at the Police Department and the amount of outstanding fines. Council Member Wilkerson asked that Gary Vest appear at the first meeting in January to discuss both of his budgets, Chamber and PEDC. 12. Referrals. Gracie Johnson requested a zoning change for Lot S93' of 2&3, Block I of the Pickard Addition, known as 761 Wood Street. 13. There being no further business, the meeting was adjourned. CURTIS FENDLEY, MAYOR JANICE ELLIS, CITY CLERK T .. . r