Loading...
02 Council Minutes July 8, 2004MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL July 8, 2004 The City Council of the City of Paris met in regular session, Thursday, July 8, 2004, 6:00 P.M. at Love Civic Center, North Hall, 2025 South Collegiate Street, Paris, Texas. Mayor Curtis Fendley called the meeting to order with the following Council Members present: Jim Bell, Jay Guest, Mary Ann Fisher, Don Wilson, Karen Wilkerson and Rick Poston. Also, present were Interim City Manager Terry Townsend, City Attorney Larry W. Schenk and Assistant City Clerk Sherian Dixon. Mayor Fendley advised the City Council they had been furnished the minutes and report from the Planning and Zoning Commission. Mayor Fendley opened the Public Hearing to consider the petition of Christopher and Teresa Lancaster for a change in zoning from a Two-Family Dwelling District (2F) to a Neighborhood Service District (NS) on the West half of Lot 20, Lot 21, and the East of Lot 22, Block 3, Anita Park Addition, located at 2303 Cleveland. He called for anyone in favor to come forward and speak. Chris Lancaster of 1735 W. Cleveland appeared and told the Council that his wife recently received training in Massage Therapy and has been practicing this for the past year. He stated they desired to get their house rezoned so his wife could do that at home. He explained there was ample parking in the driveway and they had remodeled an area in back for her to do the massage therapy in. Councilwoman Wilkerson asked how many cars would be in the drive way at one time. Mr. Lancaster explained that the most they have had is two (2), his wife's car and on other person's car. Councilwoman Wilkerson asked if the parking would always be in the drive way, not on the curb, grass or etc. Mr. Lancaster indicated it would. Councilwoman Wilkerson asked what hours this business would entail. Mr. Lancaster said her hours were from about 10:00 A.M. to 5:00 P.M., when she takes her last appointment. Regular City Council Meeting July 8, 2004 Page 2 Mayor Fendley asked for anyone in opposition to come forward. There were none, and the public hearing was declared closed. ORDINANCE NO. 2004-016 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 WEST HALF OF LOT 20, LOT 21, AND THE EAST 20 FEET OF LOT 22, BLOCK 3, ANITA PARK ADDITION, ON PROPERTY BELONGING TO CHRISTOPHER AND TERESA LANCASTER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO-FAMILY DWELLING DISTRICT (2F); 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 AND EFFECTIVE DATE, WAS PRESENTED. Mayor Fendley mentioned that the Planning and Zoning Commission had approved this with a vote of 6 ayes, 0 nays. Councilman Bell asked if he should ask to be excused if he had property within 200 feet of this property. City Attorney Schenk said he should if the decision that was being made tonight would affect his property in a specific way and if the property was indeed within 200 feet of his property that if he was not sure, it would be better to excuse himself. Councilman Bell asked to be excused. Mayor Pro Tem Guest made a motion for him to be excused which was seconded by Councilman Poston and carried 6 ayes, 0 nays. Regular City Council Meeting July 8, 2004 Page 3 Councilman Wilson asked if this was spot -zoning, because this was completely encircled by residential. City Attorney Schenk explained that the Neighborhood Service designation was like an overlay district in the sense that these are the kinds of uses that are supposed to be consistent with residential use and are permissible in that area. Councilman Wilson asked Mr. Lancaster what was across the street from this property. Mr. Lancaster indicated it was a home. Councilman Wilson asked if there wasn't an apartment complex there somewhere. Mr. Lancaster said it was behind him and backs up to his property. Councilman Wilson asked what kind of signage was allowed in a Neighborhood Service District. He gave the example, if he was living next door to the property and there was a large commercial sign, he would be offended. Mr. Lancaster said he has a small sign that he built himself and the sign is landscaped and made of wrought iron and is not very big. He said he would comply with any regulation the City had. Mr. Lancaster invited Council members to drive down the street and look at his property because he has worked very hard on it. City Engineer Shawn Napier indicated that the adj acent property was already a Neighborhood Service District. Councilman Wilson asked ifthe property next door was doing a Neighborhood Service. Mr. Lancaster said it was not. Mayor Pro Tem Guest made a motion for approval of the ordinance, which was seconded by Councilman Wilson. The motion carried by 6 ayes, 0 nays. Mayor Pro Tem Guest made a motion to allow Councilman Bell to return to the meeting. Councilman Wilson seconded the motion which carried 6 ayes, 0 nays, and Councilman Bell entered the council chambers and assumed his seat at the council table. Regular City Council Meeting July 8, 2004 Page 4 Mayor Fendley opened the public hearing to consider the petition of Steve Raney for a change in zoning from a One-Family Dwelling District No. 2(SF- 2) to a Multiple-Family Dwelling District No. 1(MF-1) on Lot 1, City Block 208, located at 2303 West Kaufman. Mayor Fendley called for proponents to appear, and Steve Raney, 3730 Woodland Lane came forward speaking in favor of his petition. Mr. Raney said what he had in mind for this property was a small apartment complex for some efficiency apartments or one room apartments. He related to the Council that spot zoning was allowed in special circumstances if the lot was an odd shape or size. He said this was a very long and narrow lot. He said he probably couldn't get a house on this lot and the lot has been sitting for quite a few years. He advised that a house had burned down there and the lot had grown. He put a dozer out there to clean it up and to try and make the neighborhood look better. He passed around a picture of some apartments about 50 yards from the property to show how he wanted his apartments built. He felt it was greatly needed by the community and would be housing for elderly people. He mentioned it would house only one to two people per unit and would be a seven unit complex. He also had before and after pictures of his lot to show how it had been cleaned up. Councilwoman Wilkerson asked what was on the adjacent lots to the east and to the west. Mr. Raney said there was a three to four foot drainage ditch that ran between his property and his next door neighbor's house. On the west side, he continued, is another residence. Mayor Fendley asked about the number of apartments he planned. Mr. Raney said there would be seven units with about 460 square feet. Mayor Fendley asked if there was enough room on the lot for off street parking. Mr. Raney showed the Council a plan which showed enough room for all the unit residents to park and come out on the street head first. He did say there was not enough room on the lot for a large dumpster, so they would like to Regular City Council Meeting July 8, 2004 Page 5 have the smaller cubic yard trash cans with wheels which will be behind a privacy fence. He said there would be a fence around the whole complex and the complex would be constructed of stone and brick. Councilwoman Wilkerson asked what the make-up of the neighborhood was, whether it was elderly, families with small children or what. Mr. Raney said he wasn't for sure, but he had met some families. Councilman Bell asked if Mr. Raney was going to be able to save the trees when this was constructed. Mr. Raney indicated he would be able to save most of them, except for the three trees in the center of the lot. Councilwoman Wilkerson asked if he had plans to replant any of those trees if this was approved. Mr. Raney said he would do that. Mayor Fendley called for anyone that would like to speak in opposition. Betty Hamilton, 2315 W. Kaufman, came forward and said she was neither for nor against this. She did say she wished there wasn't so many apartments, but that Mr. Raney had cleaned up the lot, which desperately needed to be cleaned. She said elderly people lived to the east of the property and families with children lived to the west of the property. Lisa Wright, Director of Community Development, came forward with a letter she received with fifteen (15) signatures against the construction of these apartments. Ruth Kelley, Betty Hamilton's mother who lives with her, came forward stating that her daughter has been trying to get something done about this lot for three (3) years because it was so overgrown, had nests of mosquitos, and looked so awful. She said this week, the lot looked 100% better. Ms. Kelley said no one would know what affect the apartments would have until they are built. Mr. Raney did mention that he had just purchased that lot, which means all Regular City Council Meeting July 8, 2004 Page 6 that time it needed to be cleaned up, it wasn't his lot. Interim City Manager Townsend presented an ordinance amending Zoning Ordinance No. 1710, changing the zoning from a One-Family Dwelling District No. 2(SF-2) to a Multiple-Family Dwelling District No. 1(MF-1) on Lot 1, City Block 208, being number 2303 West Kaufman, on property belong to Raney Day Enterprises, Inc. City Attorney Schenk said this would take a three-quarters vote to approve and he had provided the Council with an opinion on spot zoning, so that if they felt they needed to approve this, those things would have to be addressed. Councilman Wilson made a motion that the Ordinance not be approved, which was seconded by Councilwoman Wilkerson. The motion to not approve carried 4 ayes, to 3 nays, Councilman Bell, Councilwoman Fisher and Councilman Poston voting no. Mayor Fendley called for consideration of and action on the Final Plat of Lots 1 and 2, Block A, of the Lone Tree Corner, being located at 245 and 255 7tn S.W. Mayor Fendley said there was a recommendation from the City Engineer to approve subject to his recommendations. Councilman Bell made a motion to approve subject to the Engineer's recommendations. The motion was seconded by Councilwoman Fisher and carried 7 ayes, 0 nays. Mayor Fendley called for consideration of and action on the Preliminary Plat of the Residences on Stillhouse Road. He indicated that the Planning and Zoning had recommended approval subject to the City Engineer's recommendations. Councilwoman Fisher made a motion to approval subject to the City Engineer's recommendation. The motion was seconded by Councilman Guest and carried 7 ayes, 0 nays. Councilman Bell asked if this property is in the City limits at this time. City Attorney Schenk advised that it has not been annexed into the city at this time. Regular City Council Meeting July 8, 2004 Page 7 City Engineer Napier said the city is providing city services, and further advised that there will be a petition on the Monday night's meeting for annexation. Mayor Fendley called for consideration of and action on the Preliminary Plat of Meadow Park Addition, Phase 3. He advised that the Planning and Zoning Commission denied the Preliminary Plat and the City Attorney advised that no action could be taken on the Preliminary Plat. Mayor Fendley said that Agenda Item Number 10, public hearing to consider a petition requesting the abandonment of the City's interest in a portion of a thirty (30) foot wide street right-of-way known as 27th Street N. E., running north and south beginning at the South Boundary Line of Pine Bluff Street at the northeast corner of Lot 13-A, City Block 255-A going south to the North Boundary Line of Lot 10, City Block 255-A, a distance of approximately 150.5 feet was next and if the City Council wanted to consider this matter, a motion to bring it from the table would be in order. A motion was made by Mayor Pro Tem Guest, seconded by Councilwoman Fisher to bring the above item from the table. The motion carried 7 ayes, 0 nays. Mayor Fendley declared the public hearing open to consider a petition requesting the abandonment of the City's interest in a portion of a thirty (30) foot wide street right-of-way known as 27th Street N. E., running north and south beginning at the South Boundary Line of Pine Bluff Street at the northeast corner of Lot 13-A, City Block 255-A going south to the North Boundary Line of Lot 10, City Block 255-A, a distance of approximately 150.5 feet. Mayor Fendley called for anyone who would like to speak regarding this matter to come forward. Lyle Edwards came forward advising that he represents the owners of the property. He said this was tabled last month Regular City Council Meeting July 8, 2004 Page 8 because there were some concerns about the actual outlet that they are attempting to get out on Pine Bluff Street and 27th Street N. E. Mr. Edwards explained that this is about a 30 foot wide strip that goes up and dead-ends into additional property. He said if they could get 15 foot that adjoins the property that they have, it would allow them a third outlet out of the property that is at the corner of East Price and Collegiate, which they plan to develop as a shopping center. Mr. Edwards said there was concern also about the traffic, as there would be trucks going out on that, and they have moved the east-west portion of that building 20 foot south. The alley that runs behinds the building will run from East Price Street all the way around to Collegiate, then the outlet at the northwest corner on 27th Street and Pine Bluff will be for auto traffic or for vehicle parking for the people that will be working there. Mr. Edwards told the City Council that they would be willing to place a 7 foot overhead there, which would keep any type delivery trucks or trash trucks out of that neighborhood. He said it would be a plus for the people that work there because they would not have to go out on Collegiate. No one else appeared and the public hearing was declared closed. Mayor Fendley advised that Agenda Item No. 11, an ordinance abandoning the requested right-of-way, had been tabled and a motion to bring it from the table would be needed. A motion was made by Mayor Pro Tem Guest, seconded by Councilman Bell to bring Agenda Item No. 11 forward for consideration. The motion carried 7 ayes, 0 nays. ORDINANCE NOL 2004-017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ABANDONING THE CITY' S RIGHT-OF-WAY KNOWN AS 27TH STREET N. E., BEGINNING AT THE SOUTH BOUNDARY LINE OF P9NE BLUFF STREET, AND GOING SOUTH APPROXIMATELY 150.5 FEET TO THE NORTH BOUNDARY LINE OF LOT 10, CITY BLOCK 255-A; DECLARING NO NECESSITY OR NEED OF SAID Regular City Council Meeting July 8, 2004 Page 9 STREET FOR CITY USE; AND PROVIDING FOR AND EFFECTIVE DATE OF AUGUST 1, 2004, WAS PRESENTED. A motion was made by Councilman Bell, seconded by Councilman Wilson, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Mayor Fendley advised that Agenda Item No. 12, a resolution authorizing the execution of Deeds of Abandonment to the adj acent property owners of the City's interest in a portion of a thirty (30) foot wide street right-of-way known as 27th Street N. E., had also been tabled and a motion was needed to bring this item from the table. A motion was made by Councilman Bell, seconded by Mayor Pro Tem Guest, to bring the item from the table. The motion carried 7 ayes, 0 nays. Resolution No. 2004-115, authorizing the execution of Deeds of Abandonment to the adjacent property owners of the City's interest in a portion of a thirty (30) foot wide street right-of-way known as 27th Street N. E. abandoned by Ordinance No. 2004-017 from the south boundary line of Pine Bluff Street, going south to the north boundary line if Lot 10, City Block 255-A; making other findings and provisions related to the subject; and providing an effective date, was presented. A motion was made by Councilman Bell, seconded by Councilman Wilson, for approval of the resolution. The motion carried 7 ayes 0, nays. Mayor Fendley declared the public hearing open to consider a petition requesting the abandonment of the City's interest in a 120 foot wide street right-of-way known as 13th Street S. W., located in the Southwest Industrial Park beginning at the north right-of-way line of Loop 286 S. W., going north approximately 1,713.1 feet to and including a cul-de-sac. Mayor Fendley called of anyone who wished to speak for or against the petition to come forward. Regular City Council Meeting July 8, 2004 Page 10 David Owens, Vice President of We Pack, came forward informing the City Council that the reason for asking for the abandonment of the 120 feet wide street right-of-way known as 13th Street S. W. was because it is a city street and it is the entrance to their facility on the Loop. He said they would like to have that so they could control the street, so they can control access into the facility and security to the property. On a question by Councilman Wilson regarding the responsibility for all maintenance including the water line up to their facility, City Engineer Napier advised that his recommendation was to retain a utility and drainage easement in lieu of the right-of-way. He said they would own the right-of-way and the city would retain easement for that and still have access to the water and sewer lines. No one else appeared and the public hearing was declared closed. ORDINANCE NO. 2004-018 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS ABANDONING THE CITY' S INTEREST IN A 120 FOOT WIDE STREET RIGHT-OF-WAY BEING A PORTION OF 13TH STREET S. W., LOCATED IN THE SOUTHWEST INDUSTRIAL PARK BEGINNING AT THE NORTH RIGHT-OF-WAY LINE OF LOOP 286 S. W. GOING NORTH APPROXIMATELY 1,713,1 FEET TO AND INCLUDING A CUL-DE-SAC; DECLARING NO NECESSITY OR NEED OF SAID STREET FOR CITY USE OTHER THAN FOR DRAINAGE AND UTILITY EASEMENTS, WHICH ARE EXPRESSLY RETAINED BY THE CITY OF PARIS; AND PROVIDING FOR AN EFFECTIVE DATE OF AUGUST 1, 2004, WAS PRESENTED. A motion was made by Councilwoman Fisher, seconded by Councilman Bell, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Regular City Council Meeting July 8, 2004 Page 11 Resolution No. 2004-116, authorizing the execution of Deeds of Abandonment to the adj acent property owners of a 120 foot wide street right-of-way, being a portion of 13th Street S. W. abandoned by Ordinance No. 2004-018 from the north right-of-way line of Loop 286 S. W. going north approximately 1,713,1 feet to and including a cul-de-sac; making other findings and provisions related to the subject; and providing an effective dated, was presented. A motion was made by Councilman Bell, seconded by Mayor Pro Tem Guest, for approval of the resolution. The motion carried 7 ayes, 0 nays. Mayor Fendley advised that the next item on the agenda was discussion and consideration of possible direction to city staff for the proposed 2004-2005 City Budget. City Attorney Schenk said he had the first working draft of a calendar for adopting the budget and what they will do is fill in some of the blanks on it. Councilman Bell said he was still having problems, as he did last year, of looking at an audit and this budget and numbers that do not match. He said that he realizes that it was done under the GASBY. Gene Anderson, Director of Finance, said the problem in trying to reconcile those two is the audit is done on a full accrual basis and the budget is a cash basis document. So, they are never going to be the same. He said you could do a reconciliation on it, but he did not feel you would gain anything by doing that because when you do an accrual, you are backing out some cash flow numbers that occurred in your fiscal year, but belong in the year before. There was just a delay in collection or expenditure and then you are estimating some revenues and expenses that occurred in the last month of the fiscal year but were not actually paid or received until the following fiscal month. He said the differences in those reconciliations is the primarily reason for a difference in a cash budget and the audited numbers. Mr. Anderson stated that there are always going to be some differences there and he does not know any city that budgets on a full accrual basis. Regular City Council Meeting July 8, 2004 Page 12 Councilman Bell asked if they could look at that and ask Mr. Anderson to run some explanation on some of the bigger numbers. Mr. Anderson said that if Councilman Bell had some specific line items, he could work that as he has time and get back to him sometime during the budget process. Mayor Fendley advised that the council will be getting rough revenue numbers later in the month. Mr. Anderson advised that the property tax numbers will not be ready until almost to the end of July. Councilman Wilson asked Mr. Anderson, right now, between the expenditures and the revenues, what is the net difference. Mr. Anderson said is about 1.5 million and that is the most conservative revenue estimate that he could do assuming that they had the worst case scenario on the issue on the franchise that has been discussed. Also, he stated that he did his best estimate on what the property tax number would be using historical traditional gains and appraisals, then adjusting for the number that the city has to pay back to Campbell Soup. Councilman Wilson wanted to know what the franchise questionable number would be. Mr. Anderson said he thought that it would be approximately $375,000.00, so that would bring it down to a 1.2 million deficit. Mr. Anderson advised that the number for Essence real property is included in that figure, but the personal property is not included because he does not have any figures for that. Councilman Wilson asked Mr. Anderson if the pay back to Campbell Soup is $400,000.00 and is that taken out of the city's revenue and is it netted out. Mr. Anderson advised that it is netted out in the number that he has placed in there. Council Wilson said that with the city's revenues being flat for the last few years, and with the deficit proj ection on this budget, he would like for the city staff to go back and take last year's budget (2003-04 General Fund Budget) and cut that by 5% across the board and bring the City Council back how they Regular City Council Meeting July 8, 2004 Page 13 came up with that result. Mr. Anderson explained that the city does a traditional year end budget amendment and sometimes they have to use some of the contingency fund, but when they do the amendment, they move it from the contingency fund to the specific line items they want to increase, because they want to charge the anticipated spending to the correct line item. He said this would give them the most accurate picture of what they did and it is a budgeting aid to do it that way, opposed to charging it to a contingency line item that they would not know what it was later on without going back and doing a lot of research. Mr. Anderson advised the Council that the City Charter allows up to a 3% contingency and this is about a 1.5%. Councilwoman Wilkerson referred the Council's attention to the City Council's budget and wanted to know if there is a way to pull the V&CC part out and show it separate from the City Council line item. Interim City Manager Townsend advised that this item shows up under Promotional and Advertising. Councilman Wilson asked if that could be place in a subsection and take it completely out of the City Council's budget. Mr. Anderson said they could put it in an activity account. Mr. Anderson explained that all other contributions were approved by the Council, which have been things such as the Children Advocacy Center. Interim City Manager Townsend advised that the only thing in this budget is what goes to the Health Department. He advised that he has cut everything else out in that line item. Councilwoman Wilkerson wanted to know why is it not on a sheet called Health Department. Mr. Anderson explained that the Health Department is in a separate fund. He explained the way the Health Department works, they have so much grant revenue and they have their budget and whatever the shortfall is between those two items the City and County split 50%-50%, and Council will send a check for one-half of that deficit and the City of Paris will transfer one-half of that deficit to that fund. Regular City Council Meeting July 8, 2004 Page 14 Mr. Wilson asked that each transfer or contribution be placed on a separate line item. Mr. Anderson said he could make it as detailed as the City Council would like. The Interim City Manager advised that he has already received letters asking to speak. Mayor Fendley said he is hearing with concurrence of what has been recommended that the City Council wants the Interim City Manager to go back and visit with his department heads and come back with a proposed cut and clarify that, then they will get their revenue strength and then come back and setup a revised budget. They would look at that and come back and set up the workshops and start processing. The City Council was in agreement with this. Mayor Fendley also asked when they get to that, historically, there are some departments which are small enough to look at them pretty quickly when they start setting up the workshops. Mayor Fendley said that they have set July 13, 2004 and July 27,2004 for budget workshops. He did not think by July 13, 2004 that the staff will be able to have the figures ready for that meeting. So, there will not be a meeting on July 13, 2004. Mayor Fendley called for confirming the appointment of Jon Clack as the new Director of Utilities. Interim City Manager Townsend said that as the result of Herb Campbell's retirement, the city has interviewed several people for his replacement. He asked Mr. Clack to come forward and introduced him to the City Council. Interim City Manager Townsend advised that Mr. Clack comes to the City of Paris from OMI. Mr. Clack said he is currently with Operations Management International, a private O&M Company which operates water and wastewater facilities. He advised that he started in the business in 1988 in Russellville, Ark. They had Regular City Council Meeting July 8, 2004 Page 15 a Municipal Company to operate their water and sewer facilities and he started with them working in the laboratory and ended up as their Operational Manager in 1993. He said that in 1995, he went to work for OMI and became interested in the private side of things and worked for them for 10 years. Mr. Clack said he was looking forward to working for the City of Paris. A motion was made by Councilman Bell, seconded by Councilman Wilson to confirm the appointment of Jon Clack as the new Director of Utilities. The motion carried 7 ayes, 0 nays. Mayor Fendley called for discussion of the City Audit for fiscal year ending September 30, 2003. Councilman Wilson said he had some concerns and Mr. Anderson asked that if Councilman Wilson would furnish him a list of his concerns, he will address those for him. Mayor Fendley asked if anyone had anything they would like place on a future agenda. Councilman Bell asked that on the Monday night agenda, the Council needs to go forward and settle the issue for the physicals for the firemen. Mayor Fendley advised that it has been placed on the agenda. Councilman Wilson requested that the following items be placed on the Monday night agenda: some of the things about the Benefits Committee, the brush pick-up ordinance with or without a water meter and protocol on fire and rescue to wrecks policy and clarification on the July 27, 2004 agenda. There being no further business, the meeting was adjourned. Regular City Council Meeting July 8, 2004 Page 16 CURTIS FENDLEY, MAYOR ATTEST: SHERIAN DIXON, ASSISTANT CITY CLERK