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03 Council Min 10-11-04.wpd REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS October 11, 2004 The City Council of the City of Paris met in regular session at 6:00 p.m., Monday, October 11, 2004 in the Love Civic Center, 2025 South Collegiate Drive, 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 Larry Shaw, City Attorney Larry W. Schenk and Asst. City Clerk Sherian Dixon. Mayor Fendley called for approval of the minutes of August 9 and August 10, 2004 City Council meetings. Councilman Guest made a motion for approval of the minutes, which was seconded by Councilwoman Fisher. The motion carried 7 ayes, 0 nays. Mayor Fendley called for consideration of items 7B and 8A because a representative of WePack was present in the audience and had some time constraints. ORDINANCE NO. 2004-052 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING FOR THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITIES OF PARIS, BE REVISED BY AMENDING CHAPTER 30 OF SAID CODE; PROVIDING FOR THE ESTABLISHMENT OF REINVESTMENT ZONE NO. 10; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 11, 2004, WAS PRESENTED. Councilman Bell made a motion for approval, which was seconded by Councilwoman Wilkerson. The motion carried 7 ayes, 0 nays. Regular City Council Meeting October 11, 2004 Page 2 Resolution No. 2004-180, a resolution of the City of Paris, Paris, Texas, authorizing and approving the execution of a tax abatement agreement with Paris Warehouse 107, Inc., was presented. Councilman Poston made a motion for approval, which was seconded by Councilwoman Fisher. The motion carried 7 ayes, 0 nays. Mayor Fendley called for receipt of reports and the minutes of June28, July 26, August 11 and August 23, 2004 Historic Preservation Commission, with no action necessary. Gary Vest, Director of Economic Development and Chamber of Commerce CEO, came forward to present the Paris Economic Development Corporation quarterly report. He reminded Council that they had received the program of work during the budget process. Director Vest said there were ten (10) projects they were working on and, then, discussed those with the Council. He introduced Chad Madding, the new Economic Development assistant. Mr. Vest said they would begin work on the quarterly cost of living survey this week. He gave the Council an update on the progress at the Paris Industrial Park and said they were developing a brochure to promote the Industrial Park. Mayor Fendley said items 4, 5 and 6, concerning City Manager candidates, needed no action at this time. ORDINANCE NO. 2004-051 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 ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO, AT THE EFFECTIVE DATE OF THE Regular City Council Meeting October 11, 2004 Page 3 ALLOWANCE, ARE IN THE EMPLOYMENT OF THE CITY OF PARIS; 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; ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS; AND PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE, WAS PRESENTED. City Attorney Schenk said this was essentially approved in a previous Council meeting, but there was an error in the language. He indicated that this was the annual update and the automatic terminology had been removed. A discussion ensued about the perceived unfunded liability. Interim City Manager explained that there was not an unfunded debt. Councilwoman Fisher made a motion for approval, which was seconded by Councilman Poston. The motion carried 5 ayes to 2 nays, Councilman Wilson and Councilman Guest voting no. Resolution No. 2004-181, a resolution of the City Council of the City of Paris, Paris, Texas, authorizing the soliciting of informal proposals for collection of delinquent fines for the City of Paris Municipal Court; making other findings and provisions related to the subject; and providing an effective date, was presented. Councilman Guest made a motion to approve the resolution, which was seconded by Councilman Wilson. The motion carried 7 ayes, 0 nays. Resolution No. 2004-182, a resolution of the City of Paris, Paris, Texas, amending Resolution No. 2004-163, adopted September 22, 2004 regarding transfers of funds from unencumbered appropriation balances; making other findings and provisions related to the subject; and declaring an effective date, was presented. Finance Director Anderson said this was just end of year clean up and there had been some omissions and some changes from the original resolution. Council discussed the various appropriations with Mr. Anderson. Councilman Bell made a motion for approval. Councilman Wilson seconded the motion and it Regular City Council Meeting October 11, 2004 Page 4 carried 7 ayes, 0 nays. Resolution No. 2004-183, a resolution of the City Council of the City of Paris, Paris, Texas, authorizing the City Manager, City Attorney, and City Engineer to negotiate and prepare a Cooperation Agreement and other instruments between the City of Paris and Marvin-Jennings-Clardy Water Supply Corporation for the construction of a new eight inch (8") water line on FM 905 in an area located inside the City Limits of the City of Paris in return for the relinquishment of the Certificate of Convenience and necessity to said area; making other findings and provisions relating to the subject; and declaring an effective date, was presented. City Engineer Shawn Napier said this would be upgrading a four inch (4") line to an eight inch (8") line and would also be updating the pipe to fire rated pipe. He said the options were to upgrade the pipe type, which would cost a little over $9000.00, to pay to have a new meter at the new City limit line, and to pay for the map change and changing out the water meters, which would cost about $21,000.00. He said this would save the City about $85,000.00 over and above the $21,000.00. He showed the location of the new meter and the line on the map. Councilwoman Fisher made a motion to approve the resolution. The motion was seconded by Councilman Bell and carried 7 ayes, 0 nays. Resolution No. 2004-184, a resolution of the City Council of the City of Paris, Paris, Texas, establishing a twenty-eight (28) day, two-hundred and twelve (212) hour work period for computation of overtime for designated Firefighter and Emergency Medical personnel; designating the effective pay period for said change; providing a repealer; making other findings and provisions related to the subject; and providing an effective date, was presented. Councilman Wilson made a motion to approved the resolution. Councilman Bell seconded the motion and it carried 7 ayes, 0 nays. Resolution No. 2004-185, a resolution of the City Council of the City of Paris, Paris, Texas, approving and authorizing the execution of contract change notice Regular City Council Meeting October 11, 2004 Page 5 No. 05 (Attachment No. 01B) to the contract for Public Health Services, TDH Document No. 7560022067-2005; making other findings and provisions related to the subject; and providing an effective date, was presented. Councilman Poston made a motion for approval, which was seconded by Councilman Guest. The motion carried 7 ayes, 0 nays. Resolution No. 2004-186, a resolution of the City Council of the City of Paris, Paris, Texas, approving and authorizing a cooperative agreement by and between the City of Paris and Paris Habitat for Humanity for a program of nonprofit home building within the City limits of the City of Paris; making other findings and provisions related to the subject; and declaring an effective date, was presented. Councilman Bell made a motion for approval, which was seconded by Councilwoman Fisher. The motion carried 7 ayes, o nays. Resolution No. 2004-187, a resolution of the City Council of the City of Paris, Paris, Texas, approving and authorizing a cooperative agreement by and between the City of Paris and Paris Living, Inc. for a program of nonprofit home building within the City limits of the City of Paris; making other findings and provisions related to the subject; and declaring an effective date, was presented. Councilman Bell made a motion to approve. The motion was seconded by Councilwoman Fisher and carried 7 ayes, 0 nays. Resolution No. 2004-188, a resolution of the City Council of the City of Paris, Paris, Texas, authorizing the acceptance of a gift of dedication of a 20-foot easement for an existing sewer line across Lot 5-B, City Block 251-A; making other findings and provisions related to the subject; and declaring an effective date, was presented. On a question from Councilman Wilson, Mayor Fendley st said this was at Santa Fe and 1 S. W. right off of North Main. A motion to approve was made by Councilman Bell and seconded by Councilwoman Wilkerson. The motion carried 7 ayes, 0 nays. Resolution No. 2004-189, a resolution of the City Council of the City of Paris, Paris, Texas, approving and authorizing a revised new grade and step pay plan Regular City Council Meeting October 11, 2004 Page 6 for all new City employees and employee promotions to higher grade, other than certified non-director employees of the Police, Fire and Emergency Medical Services departments; repealing prior Resolution No. 2004-161, adopted September 13, 2004; making other findings and provisions related to the subject; and declaring an effective date, was presented. Interim City Manager Shaw said there were some errors in the numbers, previously, and those needed to be corrected. Councilman Wilson made a motion to approve, which was seconded by Councilman Bell. The motion carried 7 ayes, 0 nays. Resolution No. 2004-190, a resolution of the City Council of the City of Paris, Paris, Texas, granting a petition for annexation of certain territory consisting of 8.448 acres, more or less; making other findings and provisions related to the subject; and providing an effective date, was presented. Mayor Fendley said this was property in The Hills. Councilman Guest made a motion for approval. Councilman Bell seconded the motion and it carried 7 ayes, 0 nays. Resolution No. 2004-191, a resolution of the City Council of the City of Paris, Paris, Texas, granting a petition for annexation of certain territory consisting of 5.187 acres, more or less; making other findings and provisions related to the subject; and providing an effective date, was presented. Mayor Fendley indicated this was also located in The Hills. Councilman Bell made a motion to approve the resolution, which was seconded by Councilman Guest. The motion carried 7 ayes, 0 nays. Mayor Fendley called for consideration and discussion of and possible action on the City of Paris’ current cellular tower ordinance. City Attorney Schenk said that towers can currently be placed only on property zoned commercial, agricultural, and light and heavy industrial. He said the issues were setbacks and allowing certain height towers in other zones. He asked the Council to think carefully before allowing these towers to be placed in a residential zone. He also suggested some kind of variance procedure. There was discussion about liberalizing the setback requirements in agricultural Regular City Council Meeting October 11, 2004 Page 7 and light and heavy industrial. Councilman Bell suggested treating all towers alike, whether cellular or not. Interim City Manager Shaw suggested sending this back to the Planning and Zoning Commission with any guidance the Council wants. Alex Cozell, said he owned a tower building company and had built thirty (30) over the past ten years with heights from 180 feet to 600 feet. He said he wasn’t wanting to build a tower in the middle of a residential area but was concerned about the setbacks on adjoining commercially zoned property. David Franks, from a company representing Verizon Wireless, said Verizon Wireless would like to come into Paris and would need six (6) sites to provide the service that Paris citizens deserve. He said two (2) are on existing towers and Mr. Cozell wanted to build one on the NE Loop. He said there would also be one across the street from Paris Junior College, one near Hwy. 271 and the Loop and one on the NW side of the Loop, and one ½ mile East of Loop on the North side of Hwy. 82. He said it was hard to find property because of the setbacks. Mr. Franks said the sites were sensitive because of the design and if you have to move one site to accommodate the setbacks, then you have to move all the sites. He said Verizon tried to co-locate whenever possible. Brock Bailey, of Verizon Wireless, explained that radio frequency engineers design the towers, who give it to the real estate agents to find willing landlords. He said the setbacks were the problem. He said when one sight is moved, the overlapping coverage changes and they all have to be moved. He said their letter suggested one to one set backs for residential and multi-family and side yard and front yard setbacks in other districts not bounded by residential. The Council discussed different options on setbacks and the tower ordinance. Mayor Fendley called for a recommendation. It was decided that City Attorney Schenk draft an ordinance with more liberal setbacks that would also protect the citizens. Regular City Council Meeting October 11, 2004 Page 8 Mayor Fendley called for consideration and discussion of and possible action on or providing direct to staff regarding the City’s current solid waste collection ordinance for street use fee. No discussion followed. Mayor Fendley called for discussion of and action on a request from Archers for Christ in regard to releasing that property located adjacent to Lake Crook, known as Area No. 1, to the Archers for Christ. City Attorney Schenk explained that Archers for Christ had returned this to the City for the Trails Grant Project and had asked it be return to them, if the City did not go through with the Grant. Councilman Wilson asked that the contract be changed to be able to cancel the contract with thirty (30) days notice. Councilman Bell made a motion to re- enter into the contract with Archers for Christ with the thirty (30) day notice addendum. The motion was seconded by Councilwoman Fisher and carried 7 ayes, 0 nays. Mayor Fendley called for consideration and discussion of and possible action on a proposed system of tax abatements for improvements to properties located in historical districts or of historical significance. City Attorney Schenk said this was a declining abatement, with 100% abatement for the first three (3) years, 80% for the fourth year, and then 60%, 40% and 20%. Councilman Wilson said each taxing entity would have to vote on this. Community Development Director Lisa Wright said the Historical Commission recommended a 100% abatement for seven (7) years. She said an abatement would have to be asked for before the improvement was done. It was agreed that staff would come back with an ordinance for the stair step abatement for seven (7) years. Councilman Bell wanted to encourage the other taxing entities to do the same. City Attorney Schenk said this abatement has to be applied for and the City reserves the right to turn it down. It was agreed that the minimum improvement would be $5000.00. Mayor Fendley called for discussion and consideration of and possible action Regular City Council Meeting October 11, 2004 Page 9 on declaring as surplus, advertising for bid, and the sale of City property located at 35 and 49 E. Kaufman Street. He said this was the property across from City Hall Annex, the McDonald Building. Interim City Manager Shaw said the City would retain most of the adjacent parking lot. Councilman Guest made a motion to approve, which was seconded by Councilwoman Fisher. The motion carried 7 ayes, 0 nays. A request from Toby Yoder on Part of Lot 17, City Block 323 (Tract 1) being th 2515 19 Street N. W. to be changed from an Agricultural District (A) to a One Family Dwelling District No. 3 (SF-3) with Specific Use Permit (39) Mobile Home and a request from Chad Stephens on Lots 8-A and 12, City Block 262 th being 1240 20 Street N. E. to change zoning from a Single Family Dwelling District No. 2 (SF-2) to Single Family Dwelling District No. 2 with Specific Use Permit (50) Recreation Facility (Private) were referred to the Planning and Zoning Commission at their regular meeting and then back to the City Council in November. Community Development Director Wright said the recreation facility was a paint ball course. There being no further business, the meeting adjourned. ________________________________ CURTIS FENDLEY, MAYOR APPROVED AS TO FORM: __________________________________ SHERIAN DIXON, ASST. CITY CLERK