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03 City Council Mtg Min 12-12-05 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS December 12, 2005 1. The City Council ofthe City of Paris met for a regular session at 6:00 P. M. Monday, December 12,2005, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Curtis Fendley Council Members: Tim Ray; Richard Manning, Mayor Pro Tern; Mary Ann Fisher; and Don Wilson City Staff: Tony N. Williams, City Manager; John Lestock, Assistant City Attorney; and Janice Ellis, City Clerk Absent: Council Members: Karen Wilkerson and Rick Poston 2. Receipt of report from the Planning & Zoning Commission. A&B. ORDINANCE NO. 2005-063: 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 COMMERCIAL DISTRICT (C) ON LOT 4, BLOCK 318 OF EAST PARK CENTER, REQUESTED BY DENNIS CHALAIRE, AGENT FOR GERALD BA WCUM, OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERL Y DESIGNATED AS AN AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT 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. Dennis Chalaire 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 Manning and seconded by Council Member Ray. Motion carried, 5 ayes - 0 nays. -r Regular City Council Meeting December 12,2005 Page 2 C&D. ORDINANCE NO. 2005-064: 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; DESIGNATING THE STRUCTURE ON PROPERTY LOCATED AT 546 PINE BLUFF, IN THE CITY OF PARIS, TEXAS AS AN HISTORIC STRUCTURE AND ESTABLISHING AN HISTORIC OVERLA Y DISTRICT NO. 14 (HD-14) ON THE AFORESAID PROPERTY IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE PLANNING AND ZONING COMMISSION AND THE HISTORIC PRESERVATION COMMISSION; PRESERVING THE RESPECTIVE EXISTING USE AND ZONING DESIGNATIONS OF THE PROPERTY SO DESIGNATED; DESIGNATING THE BOUNDARIES OF THE HISTORIC OVERLAY DISTRICT NO. 14 (HD-14) 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. No one spoke in support of this item. Mayor Fendley asked for anyone speaking against this item to do so. With no one speaking, Mayor Fendley closed the public hearing. A Motion to approve this item was made by Council Member Fisher and seconded by Council Member Ray. Motion carried, 5 ayes - 0 nays. E&F. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF P ARIS, 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 PART OF LOT 4, CITY BLOCK 29, REQUESTED BY RITA BURFORD, AGENT FOR ERIC PRITCHETT, OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERL Y DESIGNATED AS A MULTIPLEFAMIL YDWELLING DISTRICT NO. I(MF-l);DESIGNATINGTHE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (NS) SO ESTABLISHED; PROVIDING FORA PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES ORP ARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. --r- Regular City Council Meeting December 12,2005 Page 3 Mayor Fendley opened the public hearing and asked for anyone speaking in favor of this item to do so. Bill Burford told Council they were withdrawing their request. 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 deny this item was made by Council Member Manning and seconded by Council Member Ray. Motion carried, 5 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 ONE-F AMMIL YDWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME ON SOUTH 93' OF LOTS 2 AN D3 BLOCK 1 , PACKARD ADDITION, REQUESTED BY GRACIE JOHNSON, AGENT FOR ANNETTE GILL GRANT, OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-FAMILY DWELLING DISTRICT NO.3 (SF-3); DESIGNATING THE BOUNDARIES OF THE ONE-F AMIL Y DWELLING ; PROVIDING FOR A PENAL TY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS 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. Gracie Johnson 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. Council Member Ray inquired as to ifthis would be a permanent fixture. Ms. Johnson answered in the affirmative. Council Member Ray wanted to know what kind of roof the home would have and Ms. Johnson told him it would have shingles. A Motion to approve this item was made by Council Member Ray. The motion failed for a lack of a second. Council Member Wilson said he did not think they should do spot zoning, because there were some nice houses that backed up to the property. He said that the area had been cleaned up. Council Member Ray said if it was going to be a permanent structure he did not have a problem with it. Council Member Wilson wanted to know if they could specify that the front steps be no more than eighteen inches off the ground. Tony Williams said the T Regular City Council Meeting December 12,2005 Page 4 action tonight was to approve a specific zoning. Tony informed Council in order to change the standard for mobile homes, a new item would need to be brought to Council to change the mobile home ordinance. Council Member Manning said he thought they should look at this a little more. A motion to table this request and send it back to Planning and Zoning was made by Council Member Fisher. Council Members Wilson, Ray and Manning seconded the motion. Motion carried, 5 ayes - 0 nays. Mayor Fendley informed Council that items 21 through 2N were previously tabled and asked for a motion to bring the items from the table. Upon a motion made by Council Member Manning and a second by Council Member Wilson, the Council voted five (5) for and none (0) opposed to remove these items from the table. The motion carried. 1&1. ORDINANCE NO.2005-065: 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 PACKARD ADDITION, ON PROPERTY BELONGING TO CAROLINE DANGERFIELD, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-FAMILY 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 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. Caroline Dangerfield, spoke in support of this item. Mayor Fendley asked for anyone else speaking for or against this item to do so. With no one else speaking, Mayor Fendley closed the public hearing. Council Member Manning wanted to know ifthe trailer would face Grove Street. Ms. Dangerfield said she would face the trailer whichever direction was best for the City. Council Member Wilson said it would need to face Grove Street due to the size of the lot and that it ""[ Regular City Council Meeting December 12,2005 Page 5 would need to have a set back. Council Member Ray stated that Ms. Dangerfield was diligent in trying to do whatever was necessary to put a home on this lot. Council Member Wilson wanted to know if they could put a restriction on the porch not to exceed eighteen inches. Tony Williams advised Council they could not impose a restriction without changing the standard or in the alternative, Ms. Dangerfield agreeing to the restriction. Council Member Manning thought it would be better to not exceed twenty-four inches. Ms. Dangerfield said she was agreement. Mayor Fendley informed Ms. DANGER FIELD that she would need to get her lot re-platted prior to moving the mobile home on the lot. He advised her to get with Lisa Wright. Subject to the porch not to exceed twenty- four inches from the ground to the doorway, a Motion to approve this item was made by Council Member Ray and seconded by Council Member Manning. Motion carried, 5 ayes - 0 nays. K&L. 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 CHA VEZ, SOAS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A MULTIPLE-FAMIL YDWELLING DISTRICT NO. I(MF-l);DESIGNATINGTHE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (NS) 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. Victor Chavez and Paul Stephens, spoke in support of this item. Mayor Fendley asked for anyone else speaking for or against this item to do so. Phillip Hamilton, 1730 Margaret, spoke against this item. Joe Iglehart, 1700 Margaret, spoke against this item. With no one else speaking, Mayor Fendley closed the public hearing. Council Member Ray expressed concern about access of the delivery trucks due to the size of the lot. Council Member Wilson said the lot was a fifty foot lot and it was physically impossible to put in any parking and face the building to 17th Street. A Motion to deny this item was made by Council Member Wilson and seconded by Council Member Manning. Motion carried, 5 ayes - 0 nays. --T Regular City Council Meeting December 12,2005 Page 6 M&N. 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-f) 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-f) 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. No one spoke in support of this item. Mayor Fendley acknowledged the citizens that spoke previously in opposition to this item. 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 Glen Goode, 1110 Levi Lane. With no one else speaking, Mayor Fendley closed the public hearing. A Motion to deny this item was made by Council Member Manning and seconded by Council Member Fisher. Motion carried, 5 ayes - 0 nays. O. Consideration of and action on the Preliminary Plat of Family Video, being number 2010 Lamar Avenue. Subject to the Engineer's recommendations, a Motion to Approve was made by Council Member Manning and seconded by Council Member Wilson. Motion carried, 5 ayes - 0 nays. CONSENT AGENDA Upon a motion made by Council Member Wilson and a second by Council Member Fisher, the Council voted five (5) for and none (0) opposed to approve and adopt the Consent Agenda, Items 3, 4, 4A, 4B, 4C, 4D, 5, 5A, 5B and 5C as follows: 3. Approval of minutes from previous City Council meetings. (11-21-2005) ---T Regular City Council Meeting December 12,2005 Page 7 4. Receipt of reports and/or minutes from committees, boards, and commissions: A. Historic Preservation Commission. (11-9-05) B. Paris Economic Development Corporation. (11-21-05) C. Building and Standards Commission. (11-21-05) D. Traffic Commission. (12-6-05) 5. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2005-140: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING THE PURCHASE OF FURNITURE FOR THE NEW POLICE AND COURTS BUILDING THROUGH THE TEXAS BUILDING AND PROCUREMENT COMMISSION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. B. RESOLUTION NO. 2005-141: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, REAPPOINTING PHILIP CECIL AS A MEMBER OF THE FIRE FIGHTERS' AND POLICE OFFICERS' CIVIL SERVICE COMMISSION OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. C. RESOLUTION NO. 2005-141: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING MEMBERS TO THE AIRPORT ADVISORY BOARD; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 6. Consideration of and action on the following ordinances: A. ORDINANCE NO. 2005-066: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS BE AMENDED BY REVISING THE TRAFFIC CONTROL MAP ADOPTED IN PARAGRAPH (b) OF SECTION 31-65 OF SAID CODE TO DESIGNATE FOUR-WAY STOP SIGN LOCATIONS AT --T- Regular City Council Meeting December 12,2005 Page 8 THE INTERSECTION OF CLARK LANE AND JOHNSON WOODS DRIVE; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE OF JANUARY 1,2006. A Motion to approve this item was made by Council Member Ray and seconded by Council Member Wilson. Motion carried, 5 ayes - 0 nays. B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ESTABLISHING A NEW SPECIAL SERVICES DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Tony Williams asked for the Council's consideration to establish a Special Services Department. He stated that the funding of this position would be funded through savings. Tony stated if we would do centralized purchasing, there would be a savings. He also stated that if we would do a better job of maintenance of our facilities and our equipment, there would be savings. Council Member Ray expressed concern about the $86,980.00 not being budgeted during the budget process. He stated that valuable jobs had been cut last year and he was not in agreement of this new supervisor job. Tony said they need someone in that position who has the knowledge in technology to develop a plan for technology, or we will never get to the point where we have a plan. Tony said this person will supervise the person in the warehouse, the people in the maintenance department, and the tech person. Council Member Wilson said he knows of instances where particular departments do business with a vendor, because they like the vendor and not because the price is lower. Council Member Wilson said this is not efficient. Council Member Ray said he was in agreement, but not to the tune of $86,980.00 for hiring another supervisor. Council Member Manning said the department heads and supervisors need to plan and do the job, without having to spend the $86,980.00. Tony told Council that the purchasing was an add-on to the finance department, that the garage was an add-on to public works, and that computer technology was an add-on the community development. Tony assured Council that there was not anyone on staff that had real training and a comprehensive understanding of information technology. Council Member Manning said he did not think they should spend the tax payer's money on this. Pending additional information, A Motion to table this item was made by Council Member Ray and seconded by Council Member Wilson. Motion carried, 5 ayes - 0 nays. -- r Regular City Council Meeting December 12, 2005 Page 9 C. ORDINANCE NO. 2005-067: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY REVISING SECTIONS 28-1, 28-8, 28-9, and 28-37, BY REPEALING SECTION 28-21 AND ADOPTING A NEW SECTION 28-21, AND BY ADOPTING NEW SECTIONS 28-22 AND 28-23 TO SAID CODE; PROVIDING FOR REVISED AND EXPANDED DEFINITIONS; PROVIDING FOR REGULATION OF SIGN PLACEMENT LOCATIONS; PROVIDING FOR THE PROHIBITION OF CERTAIN KINDS AND SIZES OF SIGNS; PROVIDING A PROCEDURE FOR REMOVING NON-CONFORMING, ABANDONED, OBSOLETE, NUISANCE, OR OTHERWISE UNLAWFUL SIGNS; PROVIDING EXCEPTIONS TO PERMITTING REQUIREMENTS; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Lisa Wright told Council these changes to the sign ordinance will give the Community Development Department more enforcement ability when folks do not comply with citations. She said that they added a provision for attached signs. She asked Council for a recommendation of maximum square footage of all signs combined to be inserted into the Ordinance. Lisa stated that one square footage of sign per front footage of property and a maximum of 300 feet of all signs combined was the norm. Council Member Manning wanted to know ifthis would eliminate the number of banner signs and Lisa answered in the affirmative. Council Member Wilson recommended they insert into the Ordinance one square footage of sign per front footage of property and a maximum of 300 feet of all signs combined. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Manning. Motion carried, 5 ayes - 0 nays. D. ORDINANCE NO. 2005-068: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCE, CITY OF PARIS, BE AMENDED BY REVISING SUBPARAGRAPH (f) OF SECTION 17-5 OF SAID CODE; PROVIDING FORAN INCREASE IN FEES UPON ISSUANCE OF THE RECORD, INCLUDING BIRTH, DEATH AND FETAL DEATH RECORDS, IN ACCORDANCE WITH THE TEXAS ADMINISTRATIVE CODE TITLE 25 CHAPTER 181 WHICH AMENDED THE HEALTH AND SAFETY CODE, SECTION 191.0045; "----- --T- Regular City Council Meeting December 12,2005 Page 10 REPEALING ALL ORDINANCES ORP ARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Fisher. Motion carried, 5 ayes - 0 nays. Council took a break at 7:35 p.m. and reconvened at 7:45 p.m. 7. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2005-143: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING CITIES AGGREGATION POWER PROJECT'S LETTER OF INTENT TO ENTER INTO NEGOTIATIONS FOR A CAPACITY CONTRACT WITH THE OWNER OF COAL (INCLUDING TEXAS LIGNITE) GENERATION TO SUPPLY THE BASE LOAD ELECTRIC POWER NEEDS (APPROXIMA TEL Y 55%-60% OF TOTAL ENERGY NEEDS) FOR CAPP MEMBERS OVER A 10- YEAR PERIOD; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Gene Anderson explained this item was the result of increased electrical costs over the last couple of years. He said natural gas was the most expensive way to generate electricity. Gene told Council if we were not in CAPP, our rates would be almost 50% higher than what they are. CAPP is asking for the endorsement of the concept to negotiate a deal with a coal based generating plant, to buy capacity in that plant for a fixed period. If CAPP is able to negotiate a deal, we will come back to the Council with a contract that would be binding. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Ray. Motion carried, 5 ayes - 0 nays. B. RESOLUTION NO. 2005-144: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ESTABLISHING GUIDELINES AND CRITERIA GOVERNING T AX ABATEMENT INCENTIVES WITHIN THE CITY OF PARIS AND ITS EXTRATERRITORIAL JURISDICTION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. ""... Regular City Council Meeting December 12, 2005 Page 11 A Motion to approve this item was made by Council Member Fisher and seconded by Council Member Manning. Motion carried, 5 ayes - 0 nays. C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, SETTING A PUBLIC HEARING TO CONSIDER A REQUEST FOR WATER SERVICE TO THE AREA ALONG A PORTION OF 42ND STREET S.E., A PRIVATE ROAD, BEGINNING AT OLD CLARKSVILLE STREET AND ENDING ON THE NORTH SIDE OF HIGHWAY 271 SOUTH, WHICH COULD BE BEST SERVED BY A PRO RATA WATER EXTENSION BEGINNING AT OLD CLARKSVILLE STREET TO AN EXISTING MAIN; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Council Member Manning wanted to know how much this was going to cost the City. Shawn Napier said they were planning to do this with city employees, because it is just a little over 1,000 feet of water main. Council Member Manning wanted to know if we had already purchased some of the material. Shawn told Council they had enough material on hand to do the majority of the work. Council Member Wilson asked how much the residents were paying for the total costs. Shawn told him it was about $11,500.00 total for residents; however, the total cost to the City was around $29,000.00 because they were putting in a larger pipe due to the master plan. Council Member Wilson wanted to know if someone buys a lot and builds a house would they have to pay the cost of part of the line. Shawn told Council no. Council Member Wilson said he thinks a lien should be attached to property for a pro rata cost of the line. Shawn said we cannot do that if property is over five acres, because of state law. In addition, our ordinance does not allow us to do that. Pending further information regarding legal questions, a Motion to table this item was made by Council Member Manning and seconded by Council Member Ray. Motion carried, 5 ayes - 0 nays. D. RESOLUTION NO. 2005-145: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF PARIS AND PARIS GUN CLUB, INC., ALSO KNOWN AS PARIS SKEET AND GUN CLUB, FOR PROPERTY LOCATED AT LAKE CROOK; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. [ Regular City Council Meeting December 12,2005 Page 12 A Motion to approve this item was made by Council Member Manning and seconded by Council Member Fisher. Motion carried, 5 ayes - 0 nays. E. RESOLUTION NO. 2005-146: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF PARIS AND THE GREATER PARIS DEVELOPMENT FOUNDATION, INC., A NON- PROFIT CORPORATION OF THE STATE OF TEXAS, FOR THE PROPERTY KNOWN AS TRAIL DE PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Council Member Manning said this was good for Paris. Mayor Fendley said this was a great asset to our community. Tony Williams pointed out that this project was valued at $825,000.00 in way of a donation from all different sources that have come together for the benefit of the community. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Manning. Motion carried, 5 ayes - 0 nays. F. RESOLUTION NO. 2005-147: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, CASTING THE CITY OF PARIS' 845 VOTES FOR DON WALL AS A MEMBER OF THE BOARD OF DIRECTORS OF THE LAMAR COUNTY APPRAISAL DISTRICT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Fisher. Motion carried, 5 ayes - 0 nays. G. RESOLUTION NO. 2005-148: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING THE CONTRACT WITH THE CHAMBER OF COMMERCE OF LAMAR COUNTY, INC. TO MAINTAIN THE VISITORS & CONVENTION COUNCIL FOR THE PURPOSE OF MANAGING THE MUNICIPAL HOTEL OCCUPANCY TAX FUND TO PROMOTE TOURISM AND THE CONVENTION AND HOTEL INDUSTRY IN THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. - --T Regular City Council Meeting December 12, 2005 Page 13 A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Manning. Motion carried, 5 ayes - 0 nays. H. RESOLUTION NO. 2005-149: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE EXECUTION OF A TAX SALE DEED CONVEYING LOT 2, CITY BLOCK 251-A LOCATED AT 454 WEST HENDERSON TO THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Manning and seconded by Council Member Fisher. Motion carried, 5 ayes - 0 nays. I. RESOLUTION NO. 2005-150: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF P ARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A WATER SERVICE CONTRACT BY AND BETWEEN THE CITY OF PARIS AND TENASKA III TEXAS PARTNERS, A TEXAS GENERAL PARTNERSHIP; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Manning. Motion carried, 5 ayes - 0 nays. J. RESOLUTION NO. 2005-151: A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING CHANGE ORDER NO. ONE TO CONTRACT FOR CONSTRUCTION OF THE NEW POLICE AND COURTS FACILITY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Ray. Motion carried, 5 ayes - 0 nays. K. RESOLUTION NO. 2005-152: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF P ARIS, PARIS, TEXAS, AUTHORIZING THE EXECUTION OF UTILITY EASEMENT ABANDONMENT TO THE PROPERTY OWNER OF LOTS 1, 2, & 3, BLOCK A OF WOODCASTLE ADDITION TO THE CITY OF PARIS IN CONSIDERATION FOR A DRAINAGE EASEMENT NEEDED FOR THE 24TH STREET, LAMAR AVENUE, WADE PARK DRAINAGE PROJECT; -"T Regular City Council Meeting December 12,2005 Page 14 MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Shawn Napier explained that Mr. Smallwood owned two ofthe lots that abut the 24th Street.Drainage Project. As part of the consideration of Mr. Smallwood dedicating an easement, he asked if we could abandon these easements. His house sets across one of the easements and the other easement crosses a lot line. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Manning. Motion carried, 5 ayes - 0 nays. Council Member Ray made a motion to bring item 6B. from the table and the motion was seconded by Council Member Manning. The Council voted five (5) for and none (0) opposed to remove these items from the table. The motion carried. 6B. Council Member Ray said he was not comfortable with spending this amount of money to hire someone for this position. He stated if this department was necessary, it should have been in the original budget. He expressed his dislike for previously reducing jobs. Council Member Ray said he believed we had someone in our structure that could be trained and do the job adequately. Mayor Fendley said the money was in the budget. Council Member Wilson said that it is not unusual to have budget amendments. Council Member Wilson said the way that we got out of the financial problem was by down sizing the city government. A Motion to deny this item was made by Council Member Ray and seconded by Council Member Manning. Motion carried, 4 ayes - 1 nay, with Mayor Fendley casting the dissenting vote. 8. Citizens Forum. Ray Banks - 3450 Robin Road - he said he was in agreement with Council Member Ray. He also stated he thought the Citizens Forum should be moved to item number two. 9. Discuss and consider possible senior citizen tax relief. Tony Williams discussed the options and exemptions of senior citizens tax relief. We have 8,743 single family residences in Paris and 5,054 of those have homestead exemptions. The county, as well as the school districts give exemptions for over 65. We give an over 65 "[ Regular City Council Meeting December 12, 2005 Page 15 exemption in the amount of$17,OOO.00, which is more than most cities do. Tony expressed concern about initiating a tax freeze, because it is irrevocable. It can only be rescinded by the Texas Legislature. Based on the information provided, Mayor Fendley did not feel they should take any action on this item. 10. Possible future agenda items. 1) Revisions to the mobile home ordinance. 2) An ordinance addressing liens/reimbursement of the pro rata costs of water and sewer lines on undeveloped property. 11. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. None were referenced. 12. Referrals. There were none. 13. There being no further business, the meeting was adjourned. CURTIS FENDLEY, MAYOR JANICE ELLIS, CITY CLERK - -T