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03 Council Min 09-09-04 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS September 9, 2004 The City Council of the City of Paris met in regular session Thursday, September 9, 2004, at 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 Terry Townsend, City Attorney Larry W. Schenk and Asst. City Clerk Sherian Dixon. Mayor Fendley called for receipt of the report from the Planning and Zoning Commission. Mayor Fendley opened the Public Hearing to consider the petition of Richard Hardison for a change in zoning from a Two-Family Dwelling District (2F) to a Multiple-Family Dwelling District No. 1 (MF-1) on Lot 5, City Block 112-B, th being located at 521 12 Street SE. Mayor Fendley said the item had been tabled last month and required a motion to bring it from the table. Councilman Guest made the motion, which was seconded by Councilman Poston. The motion carried 7 ayes, 0 nays. Lisa Wright, Director of Community Development, said that Mr. Hardison did not appear for this change in zoning and one person appeared in opposition to it. She said the Planning and Zoning denied this request by a vote of 7 ayes to 0 nays. No one appeared in favor or against this item. Councilman Bell made a motion to deny this request, which was seconded by Councilman Wilson. The motion carried 7 ayes, 0 nays. Mayor Fendley called for consideration of the petition of the Historic Preservation Commission for an amendment to Zoning Ordinance No. 1710 for a change in zoning to include an Historic Overlay District No. 9 (HD-9) on the North Part of Lot 1, City Block 154, being located at 625 W. Washington Street. City Council of the City of Paris September 9, 2004 Page 2 Community Development Director Wright said this was the Agape House and the Planning and Zoning Commission approved this request 7 ayes, 0 nays. Mayor Fendley opened the Public Hearing and Arvin Starrett, Chairman of the Historic Preservation Commission, came forward and explained that this was the old Lamar County Hospital Building. He indicated that the board of Agape House is in agreement with this petition and is working with an architect, who deals with preservation. ORDINANCE NO. 2004-0031 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 625 W. WASHINGTON STREET, IN THE CITY OF PARIS, TEXAS AS AN HISTORIC STRUCTURE AND ESTABLISHING AN HISTORIC OVERLAY DISTRICT NO. 9 (HD-9) 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. 9 (HD-9) SO ESTABLISHED, WAS PRESENTED. Councilman Bell made a motion to approve the ordinance. The motion was seconded by Councilman Guest and carried 7 ayes, 0 nays. Mayor Fendley introduced Larry Shaw, new Interim City Manager for the City of Paris. Mayor Fendley said Mr. Shaw lives in Glen Rose and that he was formerly City Manager of Duncanville. Mayor Fendley opened the Public Hearing to consider the petition of the City Council of the City of Paris September 9, 2004 Page 3 Historic Preservation Commission for an amendment to Zoning Ordinance No. 1710 for a change in zoning to include an Historic Overlay District No. 10 (HD-10) on Part of Lot 1, City Block 127, being located at 1033 Bonham Street. Community Development Director Wright said one person spoke in favor of the petition during the Planning and Zoning meeting and the Planning and Zoning Commission approved this by a vote of 6 ayes, 1 nay. Historic Preservation Chairman Starrett said this was the old Childrens’ Hospital Building on the south-central portion of the Coca Cola Complex. He said the Historical Society plans to use the building for a medical museum. ORDINANCE NO. 2004-032 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 ON PART OF 1033 BONHAM STREET, IN THE CITY OF PARIS, TEXAS AS AN HISTORIC STRUCTURE AND ESTABLISHING AN HISTORIC OVERLAY DISTRICT NO. 10 (HD-10) 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. 10 (HD-10) SO ESTABLISHED, WAS PRESENTED. Councilman Bell made a motion to approve the ordinance, which was seconded by Councilman Wilson. The motion carried 7 ayes, 0 nays. Mayor Fendley opened the Public Hearing to consider the petition of the City Council of the City of Paris September 9, 2004 Page 4 Historic Preservation Commission for an amendment to Zoning Ordinance No. 1710 for a change in zoning to include an Historic Overlay District No. 11 rd (HD-11) on Lot 2, City Block 79, being located at 744 3 Street N. W. Community Development Director Wright said two people appeared before the Planning and Zoning Commission to speak in favor of the petition and there were none opposed. She said it was approved by a vote of 7 ayes to 0 nays. rd Bill Buford of 744 3 Street N. W. came forward and said he and his wife, Rita, were the property owners and were asking to be placed in the Historic District. ORDINANCE NO. 2004-033 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 RD THE STRUCTURE ON PROPERTY LOCATED AT 744 3 STREET N. W., IN THE CITY OF PARIS, TEXAS AS AN HISTORIC STRUCTURE AND ESTABLISHING AN HISTORIC OVERLAY DISTRICT NO. 11 (HD-11) 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. 11 (HD-11) SO ESTABLISHED, WAS PRESENTED. Councilman Bell made a motion to approve the ordinance, which was seconded by Councilwoman Fisher. The motion carried 7 ayes, 0 nays. Mayor Fendley opened the Public Hearing to consider the petition of the Historic Preservation Commission for an amendment to Zoning Ordinance No. City Council of the City of Paris September 9, 2004 Page 5 1710 for a change in zoning to include an Historic Overlay District No. 12 (HD-12) on Lot 15A, City Block 204, being located at 2006 Bonham Street. Community Development Director Wright said two people spoke in favor of the petition at the Planning and Zoning Meeting and the petition was passed with 7 ayes, 0 nays. Historic Preservation Chairman Starrett said this was a Pre-Fire home in West Paris and the designation had been requested by the property owner. ORDINANCE NO. 2004-034 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 2006 BONHAM STREET, IN THE CITY OF PARIS, TEXAS AS AN HISTORIC STRUCTURE AND ESTABLISHING AN HISTORIC OVERLAY DISTRICT NO. 12 (HD-12) 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. 12 (HD-12) SO ESTABLISHED, WAS PRESENTED. Councilman Bell made a motion to approve the ordinance. Councilwoman Wilkerson seconded the motion and it carried 7 ayes, 0 nays. Mayor Fendley called for consideration of and action on the final plat for Tractor Supply Addition. City Engineer Shawn Napier said this was off the loop on Spur 139. Councilwoman Fisher made a motion to approve the plat subject to the Engineer’s recommendations, which was seconded by City Council of the City of Paris September 9, 2004 Page 6 Councilman Wilson. The motion carried 7 ayes, 0 nays. Mayor Fendley called for consideration of and action on the final plat of Meadow Park Addition Phase 3. He said it passed in the Planning and Zoning meeting 7 ayes to 0 nays, subject to the Engineer’s recommendations. Councilman Guest made a motion to approve. Councilman Poston seconded the motion and it carried 7 ayes, 0 nays. Mayor Fendley opened the Public Hearing regarding the 2004-2005 City of Paris Budget. He asked that speakers limit their comments to three minutes. PUBLIC APPEARANCES 1. Margaret and Wayne Roberts, Stacy Cunningham and Paul Bush of Paradise Drive - requested - new culverts be built on Old Clarksville Road. 2. Kathryn Blackford of 1035 Laurel Lane - objected to privatization of City services - suggested using a recycling system that would pay the City. 3. Nancy Salzman, chairman of the Library Advisory Board -objected to budget cuts in the Library. 4. Jackie Alsobrook, 4135 Misty Lane - objected to budget cuts in Library. 5. Bob Bush, president of CASA for kids, and Sharon Eubanks, Executive Director of CASA for Kids - asked for funding. 6. Marcia Ashby, 1035 Laurel Lane - objected to closing Fire Station in her Neighborhood, suggested finding ways City could add to revenue. 7. Betty Ellis Brown, Executive Director of Family Haven Crisis Center - asked for funding. 8. Cindy Bowlin, Director of Models of the Maker, 1202 Pine Bluff - asked City Council of the City of Paris September 9, 2004 Page 7 for continued funding. 9. Gary O’Connor, Board Chairman of the Lamar County Human Resource Council - asked for continued funding. 10. Jim Arneson, Executive Director of NETCADA - asked for continued funding to maintain critically needed services. 11. Lisa McAllister, representing Lamar County Chapter of the American Red Cross - requested funding. 12. Brady Fisher, member of Lamar County Human Resource Council - urged Council to consider funding non-profits. 13. Denise Carnegie - Paris High School Librarian - encouraged Council to maintain adequate funding to the Paris Public Library. 14. Stephanie Hunt, representing the Children’s Advocacy Center - explained what the Center does, explained its role in helping law enforcement and asked that there be continued funding. 15. Shane Boatwright, policeman with the Paris Police Department- explained that the Children’s Advocacy was a services needed by the citizens, as well as the Paris Police Department. 16. Sheila Coursey, treasurer for the Children’s Advocacy Center - asked for continued support. Community Development Director Lisa Wright asked that $5000.00 be placed back in the budget, which would be for ten $500.00 Facade Grants to encourage downtown merchants to make improvements of their exteriors. She explained this would help economic development downtown. Historic Preservation Chairman Arvin Starrett added that this was not a benevolent contribution and asked the Council to reconsider the money for the Facade City Council of the City of Paris September 9, 2004 Page 8 Grants. Mayor Fendley closed the Public Hearing on the budget and opened the Public Hearing for proposed amendments to the 2004-2005 City of Paris Budget. Councilwoman Wilkerson asked what the total was when they proposed to put the Garage back in the budget with two personnel cut. Finance Director Anderson said four people were placed back in the Garage at a cost of $167,244.00 plus line item materials. Interim City Manager Townsend said there was a cut of expenditures as well. Finance Director Anderson said the amendments to the budget were included in the packet. Mr. Anderson said that the amendments that reduced the Police Department budget by $50,000.00 were shown on that. Mayor Fendley said this was the second set of amendments and asked Council if they wanted to make any more changes. Councilwoman Wilkerson asked if Woodall Field was back in the budget, and Mayor Fendley said it was. She made a motion to take it out of the budget, which was seconded by Councilman Poston. Councilman Bell said he thought Woodall Field was money well spent and he also wanted to add some more of the non-profits back into the budget. He felt they were getting use of the volunteers in these groups and he also felt the Council should give them some time to look for alternative funding. Councilwoman Wilkerson withdrew the motion because not funding some of these organizations would impact, especially, the Police Department. She suggested changing the motion to $4000.00 for Woodall Field. Councilman Wilson said the services that directly affect City Departments should be taken out of that Department’s budget. After discussing the organizations and hearing from organization representatives, Councilwoman Wilkerson proposed the following. City Council of the City of Paris September 9, 2004 Page 9 1. $5,000.00 for Casa for Kids 2. $3,000.00 for Family Haven 3. $5,000.00 for Models of the Maker 4. $8,000.00 for Lamar County Human Resource Council 5. $5,000.00 for NETCADA 6. $6,000.00 for the American Red Cross 7. $8,000.00 for the Children’s Advocacy Center 8. $5,000.00 for Keep Paris Beautiful 9. $5,000.00 for Woodall Field Councilman Bell seconded the motion and it passed 4 ayes, 3 nays Councilmen Guest and Poston and Councilwoman Fisher voting no. Councilman Wilson made a motion to move Woodall Field out of the Parks Budget and put it in the Council Budget, since they were the ones making the decisions on it. Councilman Poston seconded the motion and it carried 6 ayes, 1 nay, Councilman Bell voting no. Community Development Director Lisa Wright came forward, addressing the Council concerning the proposed Facade Grant, which would be under the Historical Commission’s Budget. She explained this would be a 50% matching grant to Downtown merchants to implement improvements on the exterior of their buildings, thereby improving economic development to the downtown area. She said this would consist of ten $500.00 matching grants. She said this was cut from the original budget and she was asking that it be placed back then. On a request from the Council, Ms. Wright said she would look at taking that from her Miscellaneous or Minor Apparatus line items. Mayor Fendley said he had received a letter from Waste Management changing the disposal rate per cubic yard from $9.23 to $9.36. He said this would add about $5,000.00 to the budget if the usage rate stayed the same. Mayor Fendley asked Community Development Director Wright if she could City Council of the City of Paris September 9, 2004 Page 10 live with the current budget and take the $5,000.00 Facade Grant money from one of her other line items. Ms. Wright agreed she could. Mayor Fendley said discussion on the Budget would also be on the Monday, September 13, 2004 meeting agenda. Resolution No. 2004-150, setting the date, time and place for the Public Hearing on possible amendments on the proposed 2004-2005 City Budget was presented. City Attorney Schenk said this would be Wednesday, September 22, 2004 at 4 p.m. at the Civic Center. Councilman Bell made a motion to approve the resolution, which was seconded by Councilman Poston. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2004-035 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, TERMINATING THE AUTOMATICALLY REPEATING ALLOWANCE OF UPDATED SERVICE CREDITS AND INCREASED PRIOR AND CURRENT SERVICE ANNUITIES UNDER THE TEXAS MUNICIPAL RETIREMENT SYSTEM (TMRS); WAS PRESENTED. Councilman Wilson made a motion to approved the ordinance, which was seconded by Councilman Guest. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2004-036 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 ALLOWANCE, ARE IN THE EMPLOYMENT OF THE CITY OF PARIS; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE City Council of the City of Paris September 9, 2004 Page 11 ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY, WAS PRESENTED. Councilwoman Fisher made a motion for approval of the ordinance, which was seconded by Councilman Bell. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2004-037 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ADOPTING A NEW SECTION 20-4 TO CHAPTER 20, LIBRARY, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS TO ASSESS A FORTY DOLLAR ($40.00) ANNUAL FEE PER FAMILY FOR THOSE LIBRARY PATRONS RESIDING OUTSIDE THE CORPORATE LIMITS OF THE CITY OF PARIS, WAS PRESENTED. Councilman Bell made a motion to approve the ordinance, which was seconded by Councilman Poston. ORDINANCE NO. 2004-038 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING CHAPTER 7, ARTICLE III, THE SUBSTANDARD BUILDING ORDINANCE OF THE CITY OF PARIS, TO ADD A NEW PARAGRAPH (c)(11) TO SECTION 7-47 OF SAID ORDINANCE, ENTITLED DEFINITIONS, TO CLARIFY THE DEFINITION OF BUILDINGS OR STRUCTURES TO INCLUDE ADDITIONS, ATTACHMENTS, EXTENSIONS, OR APPENDAGES TO THE SAME, WAS PRESENTED. City Attorney Schenk explained that the Building and Standards Commission requested clarification on this. Councilman Bell made a motion to approved the resolution. Councilman Poston seconded the motion and it carried 7 ayes, 0 nays. City Council of the City of Paris September 9, 2004 Page 12 Resolution No. 2004-151, approving and authorizing the execution of an Amendment to an Engineering Services Agreement with Hayter Engineering, Inc. for additional design services associated with the construction of the Downtown Streetscape Project, Federal Project STP 2000 (615) TE, CSJ-0901- 29-017, concurrent with the approval of the Texas Department of Transportation, was presented. Interim City Manager Townsend said they had finished with Phase I of that project. He said the project went very well and there is $270,000.00 left from that part of the project. He said this was an agreement to allow the engineers go out for some more design work for Phase II of the project. He indicated these will have to go back to TxDot for approval, also. Councilman Wilson made a motion to approve the resolution. The motion was seconded by Councilwoman Wilson and carried 7 ayes, 0 nays. Resolution No. 2004-152, approving Change Order No. 1 to the contract for construction of the Downtown Streetscape Project, Federal Project STP 2000 (615) TE, CSJ-0901-29-017, concurrent with the approval of the Texas Department of Transportation, was presented. Councilman Wilson made a motion to approve, which was seconded by Councilwoman Fisher. The motion carried 7 ayes, 0 nays. Resolution No. 2004-153, approving Change Order No. 2 of the construction of Downtown Streetscape Project, Federal Project STP 2000 (615) TE, CSJ- 0901-29-017, concurrent with the approval of the Texas Department of Transportation was presented. Councilman Bell made a motion to approve. Councilwoman Fisher seconded the motion and it carried 7 ayes, 0 nays. Resolution 2004-154, accepting and approving the Paris Visitors and Convention Council, Chamber of Commerce of Lamar County, budget for City Council of the City of Paris September 9, 2004 Page 13 2004-2005, was presented. On a question from Councilman Bell, Mayor Fendley explained the PEDC changes were made. Councilman Guest made a motion to approve the resolution, which was approved by Councilman Bell. The motion carried 7 ayes, 0 nays. Resolution No. 2004-155, authorizing the Cities Aggregation Power Project, Inc. (CAPP) to negotiate an Electric Supply Agreement for deliveries of electricity effective January 1, 2005; authorizing the Mayor to sign a contract with CAPP for the City of Paris’ 2005 electricity needs; and committing to budget for energy purchases in 2005 and to honor the City of Paris’ commitments to purchase power for its electrical needs in 2005 through CAPP, was presented. Councilwoman Fisher made a motion to approve the resolution, which was seconded by Councilman Wilson. The motion carried 7 ayes, 0 nays. Resolution No. 2004-156, accepting a Proposal for Services and approving and authorizing the execution of a Professional Services Agreement with ArchiTexas for preparation of design guidelines for the Church Street Historic District No. 2, was presented. Councilwoman Wilkerson made a motion to approve the resolution. The motion was seconded by Councilwoman Fisher and carried 7 ayes, 0 nays. There were no referrals. Mayor Fendley mentioned that it was Interim City Manager and Public Works Director Terry Townsend’s last day with the City. He thanked him for his years of service to the City. There being no further business, the meeting adjourned. City Council of the City of Paris September 9, 2004 Page 14 _____________________________ CURTIS FENDLEY, MAYOR APPROVED AS TO FORM: _____________________________________ SHERIAN DIXON, ASST. CITY CLERK