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03 Council Min 12-13-04 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS December 13, 2004 The City Council of the City of Paris met in regular session at 6:00 P. M., Monday, December 13, 2004 at the Love Civic Center, 2025 South Collegiate Drive, Paris, Texas. Mayor 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 City Manager Tony N. Williams, City Attorney Larry W. Schenk and Asst. City Clerk Sherian Dixon. Mayor Fendley called for the receipt of the report from the Planning and Zoning Commission. Mayor Fendley opened the Public Hearing to consider the petition of Tony Bryant for a change in zoning from a One-Family Dwelling District No. 2 (SF- 2) to a Planned Development District (PD-a) on Part of Lot 10, City Block 289, being number 3231 Margaret Street. Attorney Brad Hutchison came forward stating he was representing Mr. Bryant. He gave Council a map to help identify the property. He explained that this property was near Guaranty Bank and that Guaranty Bank wanted to buy it. He said that they need the rezoning to replat the property and then minor plat it. He indicated that the Planning and Zoning Commission had approved this request. There was no opposition. ORDINANCE NO. 2004-058 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 (PD-a) ON PART OF LOT 10, CITY BLOCK 289, ON PROPERTY BELONGING TO TONY BRYANT, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS Regular City Council Meeting December 13, 2004 Page 2 A ONE-FAMILY DWELLING DISTRICT NO. 2 (SF-2); DESIGNATING THE BOUNDARIES OF THE PLANNED DEVELOPMENT DISTRICT (PD- a) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. Councilman Bell made a motion for approval, which was seconded by Councilwoman Fisher. The motion carried 7 ayes, 0 nays. Mayor Fendley opened the Public Hearing to consider the petition of Joe Iglehart for a change in zoning from a One-Family Dwelling District No. 2 (SF- 2) to a Neighborhood Service District (NS) on Lots 25, 27 and 29, Block 2, of th the Lamar Terrace Addition, being number 128 24 Street S. E. th Joe Iglehart of 100 S. E. 24 Street came forward and said that, on this property right next door, his wife wanted to convert an existing building into small a beauty shop. He stated that it was a one person operation and there was ample parking for the one to two customers she would have at one time. There was no opposition. ORDINANCE NO. 2004-059 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 LOTS 25, 27 AND 29, BLOCK 2, LAMAR TERRACE ADDITION, ON PROPERTY BELONGING TO JOE IGLEHART, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-FAMILY DWELLING DISTRICT NO. 2 (SF-2); DESIGNATING THE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (NS) SO ESTABLISHED; Regular City Council Meeting December 13, 2004 Page 3 PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. Councilman Guest made a motion for approval, which was seconded by Councilman Wilson. The motion carried 7 ayes, 0 nays. Mayor Fendley called for consideration of and action on the Preliminary Plat of Tobin Business Park on Lot 11-E, City Block 316, Pine Mill Road. City Attorney Schenk said this was originally tabled and reconsidered at the Planning and Zoning meeting. Community Development Director Lisa Wright explained that, since there had been a concern over drainage in the area and no one had been present at the original meeting, the item was tabled. She continued that the Surveyor came to the meeting today and presented ideas to deal with the drainage from the Developer and the Planning and Zoning Commission approved the plat subject to the Engineer’s recommendations. On a question from Councilman Wilson, City Engineer Shawn Napier explained this was a private drive and they will have to have a thirty (30) foot egress-ingress easement. A discussion followed concerning the requirements for private drives. Several Council members voiced concern that someone would come up in the future and ask the City to repair the drive and wanted to put a stipulation on that so the people would know that the drive was not the City’s responsibility. Councilman Bell said he would like to require that they put up a sign indicating it is a private drive and put that stipulation in an ordinance, that all private drives built would have to have a sign. Councilman Bell left the meeting at 6:23 P. M. and returned at 6:24 P. M. Councilman Poston left the meeting at 6:24 P. M. and returned at 6:25 P. M. Regular City Council Meeting December 13, 2004 Page 4 After further discussion, Councilman Wilson made a motion to approve the preliminary plat with the stipulation of a private drive sign and the turn around easement, according to the Engineer’s recommendations. Councilman Bell seconded the motion and it carried 7 ayes, 0 nays. It was the consensus of the Council to make the requirement for dedicated streets and private drives consistent with one another. Mayor Fendley called for consideration of and action on the Preliminary Plat rd of Lots 10, 11, and 12-A, City Block 176, being located at 451 3 Street S. W. He said this passed in the Planning and Zoning meeting with a vote of 7 ayes, 0 nays. Mayor Fendley called Council’s attention to the copy of the Engineer’s recommendations. Councilman Bell made a motion to approve, which was seconded by Councilman Wilson. The motion carried 7 ayes, 0 nays. Mayor Fendley called for consideration of and action on the Replat of Morrell Place, being located at 1625 Loop 286 N. E. He said this carried at the Planning and Zoning meeting 7 ayes to 0 nays, subject to the Engineer’s recommendations. Councilman Guest made a motion for approval. Councilman Bell seconded the motion and it carried 7 ayes, 0 nays. Mayor Fendley indicated that items three (3) through six (6) were on the consent agenda. A discussion followed on the timeliness of the board meetings presented. City Manager Williams stated that he would admonish the boards to get the minutes to the Council in a timely manner. Councilman Bell made a motion to approve items three (3) through six (6). Councilman Poston seconded the motion and it carried 7 ayes, 0 nays. Items approved on the consent agenda were as follows: 3. Minutes from previous Council meetings. (8-26-04, 8-31-04, 9-9-04, 9-13- 04, 9-22-04, 10-11-04) 4.Reports of committees, boards and commissions. Regular City Council Meeting December 13, 2004 Page 5 A. Building and Standards Commission. (6-12-04, 10-18-04, 11-15-04) B. Airport Advisory Board. (10-14-04) C. Historic Preservation Commission. (3-30-04, 6-28-04, 7-14-04, 10-18- 04, 10-25-04) D. Main Street Advisory Board. (10-21-04) E. Paris Economic Development Corporation. (10-20-04, 11-17-04) F. Paris/Lamar County Board of Health. (11-18-04) G. Traffic Commission Board. (9-7-04) 5. The following resolutions: A. RESOLUTION NO. 2004-201, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING KAREN WILKERSON AS A MEMBER OF THE VISITORS AND CONVENTION COUNCIL OF THE CHAMBER OF COMMERCE OF LAMAR COUNTY; MAKING OTHER FINDINGS AND PRO- VISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. B. RESOLUTION NO. 2004-202, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS APPOINT- ING MEMBERS TO THE AIRPORT ADVISORY BOARD OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting December 13, 2004 Page 6 C. RESOLUTION NO. 2004-203, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS RE- APPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 6. The following Aviation Permit requests for 2005: A. J-R Aviation (1) Sale of Aviation Petroleum Products (2) Pilot Training B. Knox Flying Service (1) Crop Dusting C. Jimmy D. Smyers (1) Repair or Maintenance - Aircraft (2) Repair or Maintenance - Power Plant (3) Aircraft Sales and Service D. Air Direct L.L.C. (1) Air Taxi (2) Charter Aircraft Services (3) Pilot Training RESOLUTION NO. 2004-204, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE APPROVAL AND ACCEPTANCE OF PERMANENT UTILITY EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS ACROSS PORTIONS OF LOT 17, CITY BLOCK 311, FOR THE CONSTRUCTION OF A SEWER LINE AND WATERLINE FOR PSHIGODA SOUTH SUBDIVISION; MAKING OTHER FINDINGS AND PROVISIONS Regular City Council Meeting December 13, 2004 Page 7 RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. Councilman Wilson made a motion to approve the resolution, which was seconded by Councilman Bell. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 2004-205, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE EXECUTION OF A TAX SALE DEED FOR LOT 21, CITY BLOCK 297 LOCATED AT 1830 BUTLER LANE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. City Attorney Schenk said this was for a tax judgement and the period has expired and this is appropriate for sale. Councilman Poston made a motion to approve, which was seconded by Councilman Guest. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 2004-206, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING RELEASE OF RETAINAGE AND FINAL ACCEPTANCE OF THE PROJECT PURSUANT TO THE CITY’S CONSTRUCTION CONTRACT WITH CHICAGO BRIDGE AND IRON CONSTRUCTORS, INC. FOR THE CONSTRUCTION OF THE 2.5 MILLION GALLON ELEVATED WATER STORAGE TANK; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. Mayor Fendley indicated this was releasing an additional $10,000.00. Councilman Wilson made a motion for approval, which was seconded by Councilman Poston. The motion carried 7 ayes, 0 nays. RESOLUTION NO. 2004-207, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND Regular City Council Meeting December 13, 2004 Page 8 AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT FOR MANAGEMENT OF COX FIELD AIRPORT WITH J. R. AVIATION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. Community Development Director Wright said the Airport Advisory Board approved the list of responsibilities presented to them concerning the contract and recommended that Council go forward with the contract. She indicated that the Richey’s did not have Workers’ Comp. and wanted to know what the Council wanted to do concerning that. Jerry Richey, Vice President of J. R. Aviation, came forward and said that he and his dad were full-time employees. He said he had only one employee that was not a family member. He explained that most of the contract was for managerial duties. City Attorney Schenk said he had provided optional contracts for the Council, one with Workers’ Comp. and one without. Councilman Guest made a motion to approve the contract without Workers’ Comp. Councilman Wilson seconded the motion and it carried 7 ayes, 0 nays. It was decided not to have a Council meeting on December 27, 2004. On future agenda items, Mayor Fendley said that he and City Manager Williams had talked about having a workshop in mid January and Council would be receiving notice of this. Councilman Wilson was concerned about several items that had not been resolved from previous meetings. City Manager Williams asked anyone who felt there was something unresolved to bring that to his attention and it would be addressed. Regular City Council Meeting December 13, 2004 Page 9 Councilman Poston asked for an updated list of all the members on all the boards and Councilman Wilson asked if the board members had to be residents of the City of Paris. City Attorney Schenk said that some boards needed to be citizens, such as the Planning and Zoning Commission, while other boards have a broader scope. Items presented for referral to the Planning and Zoning Commission were a request by Brad Drake for a change in zoning from Commercial (C) to Light Industrial on Lot 27-A, City Block 251, being number 205 Loop 286 N. W, a request by Lee Woodard, for a change in zoning from a Neighborhood Service District (NS) to Commercial District (C) on Lot 35-B, City Block 249, being number 3025 Clarksville Street, a request by Mitzi Rader for a change in zoning from an Agriculture District (A) to a One-Family Dwelling District No. 2 (SF-2) on part of the Wesley Askins Survey and Mathias Click Survey as th described in Exhibit A, located South of FM 195 and West 36 Street N. E. and a request from Eric Mayes for a change in zoning from Commercial (C) to Planned Development (PD) on part of Lot 6, City Block 22 being 2035 Spur 139. There being no further business, the meeting adjourned. ______________________________ CURTIS FENDLEY, MAYOR ATTEST: __________________________________ SHERIAN DIXON, ASST. CITY CLERK