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02 City Council Min 4-11-05 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS April 11, 2005 1.The City Council of the City of Paris met in regular session at 6:00 P. M. Monday, April 11, 2005, at the Love Civic Center, 2025 South Collegiate Drive, Paris, Texas. Present:Mayor:Curtis Fendley Council members:Scott Biard, Mary Ann Fisher, Don Wilson, Karen Wilkerson, Rick Poston City staff:City Manager Tony N. Williams, City Attorney Larry W. Schenk, City Clerk Janice Ellis Absent:Mayor Pro Tem:Jim Bell 2.Receipt of report from Planning & Zoning Commission. Consider of and action on the following Ordinances: A-B.ORDINANCE NO. 2005-011: 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 CENTRAL AREA DISTRICT (CA) ON LOT 5-A, CITY BLOCK 179-A, ON PROPERTY BELONGING TO THE CITY OF PARIS, REQUESTED BY TONY WILLIAMS, CITY MANAGER OF THE CITY OF PARIS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A PUBLIC LANDS AND INSTITUTION DISTRICT (PLI) DESIGNATING THE BOUNDARIES OF THE CENTRAL AREA DISTRICT (CA) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OR 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. Lisa Wright spoke in support of this item. She stated that the property was currently zoned as public lands and institution which is not suitable for any use by private property owners. She further stated that the area surrounding the property is zoned central area. Mayor Fendley asked for anyone speaking against this item to do so. Regular City Council Meeting April 11, 2005 Page 2 With no one else speaking, Mayor Fendley closed the public hearing. Motion to approve by Councilwoman Wilkerson. Councilman Poston - second. Motion carried - 6 ayes, 0 nays C-D.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 18, CITY BLOCK 249, AS REQUESTED BY CINDY PENN AS AGENT, ON PROPERTY BELONGING TO DONALD BLAIR DAIKER, 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; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OR ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. Mayor Fendley advised that Ms. Penn had withdrawn the request for zoning. 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 ordinance. Mayor Fendley stated that since Ms. Penn had withdrawn the request and rather than have a lot of people speak in opposition to this item, asked those people to raise their hands. With no one else speaking, Mayor Fendley closed the public hearing. Mayor Fendley advised this item was turned down by Planning and Zoning. Motion to deny by Councilman Wilson. Councilwoman Wilkerson - second. Motion carried - 6 ayes, 0 nays. E-F.ORDINANCE NO. 2005-012: 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 A ONE (1) Regular City Council Meeting April 11, 2005 Page 3 ACRE TRACT OF LAND WHICH IS A PART OF THE JOHN SKIDMORE SURVEY, ON PROPERTY BELONGING TO CODY WOODARD, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); 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 OR 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. Lori Woodard, Rt. 9, Box 373B, Paris, Texas, spoke in support of this item. Ms. Woodard stated she wanted to put in a beauty shop. Mayor Fendley asked for anyone speaking against this item to do so. With no one else speaking, Mayor Fendley closed the public hearing. Motion to approve by Councilwoman Wilkerson. Councilwoman Fisher - second. Motion carried - 6 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 NEIGHBORHOOD SERVICE DISTRICT (NS) ON A ONE (1) ACRE TRACT OF LAND WHICH IS A PART OF THE JOHN SKIDMORE SURVEY, ON PROPERTY BELONGING TO CODY WOODARD, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); 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 OR ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. Mayor Fendley advised this item was tabled last month. Mayor Fendley informed Council if they wished to discuss it, that a motion would be required to bring it from the table. Regular City Council Meeting April 11, 2005 Page 4 Upon a motion made by Councilman Wilson and a second by Councilman Poston , the Council voted six (6) for and none (0) opposed to remove this item from the table. The motion carried. Mayor Fendley opened the public hearing and asked for anyone speaking in favor of this item to do so. th Toby Yoder, 2514 19 N.W., Paris, Texas, spoke in support of this item. Mr. Yoder stated that he wanted to put a double wide mobile home on the lot for rental. Mayor Fendley asked for anyone speaking against this item to do so. With no one else speaking, Mayor Fendley closed the public hearing. Mayor Fendley advised this item was turned down by Planning and Zoning. Motion to deny by Councilwoman Wilkerson. Councilman Wilson - second. Motion carried - 6 ayes, 0 nays I.Discussion of and possible action regarding the platting process for Pecan Place. Lisa Wright informed Council that there were several items that had been requested of the developer. Lisa said that Planning and Zoning submitted a three member sub- committee to meet with the developer and have asked that City Council appoint one member. th A.W. Clem explained there was discussion regarding this project pertaining to 36 street and the concern of traffic flow. Mr. Clem advised the head of Planning and Zoning had appointed three members to join in with the Pecan Place Group, the city engineer, and had asked that the mayor appoint three members of the Council to act with the Planning and Zoning appointees. Mr. Clem stated as long as they had representation by Council, that it did not matter to the number on the sub-committee. Mayor Fendley asked Councilwoman Karen Wilkerson and Councilman Rick Poston to serve on the sub-committee and both accepted. CONSENT AGENDA Upon a motion made by Councilman Wilson and a second by Councilwoman Fisher, the Council voted six (6) for and none (0) opposed to approve and adopt the consent Regular City Council Meeting April 11, 2005 Page 5 agenda, Items 3 and 4, as follows: 3.Approval of minutes for previous City Council meeting. (3-21-2005; 3-28-2005). 4.Receipt of reports and/or minutes from committees, boards, and commissions: A.Main Street Advisory Board. (3-16-2005) B.Paris Economic Development Corporation. 5.Gary Vest, Director of Economic Development/Chamber of Commerce CEO, presented the Paris Economic Development Corporation annual report. Gary said there were two major projects they worked on last year, one of which was the completion of Phase I of the Industrial Park. Two tracts of land have been sold in the Industrial Park. The other project was the construction and completion of Hearne Street. He told the Council that an Incentive Agreement was pending between PEDC and CTECH. He further advised that the Incentive Agreement had been delayed for performance reporting by 21 months due to weather and contract problems in having the Industrial Park site ready. The property is expected to be transferred this week and construction to begin shortly thereafter. Construction is planned to begin on the other lot on April 27th, which was purchased by Atmos Energy. Gary Vest said they had begun participating in a program called Sites on Texas in conjunction with Texas Workforce Commission. Gary Vest talked about the industrial expansion including Flex-O-Lite and Sara Lee. He mentioned future prospects which included nine companies that came to PEDC through advertisement and direct mail. 6.Consider, discuss, and provide possible direction to City staff or take possible action regarding the request of Police Sgt. Tim Moree for extension of injury leave. Chief Karl Louis spoke on behalf of Sgt. Tim Moree. He advised that Sgt. Moree’s physician belief is that Sgt. Moree will be able to return to unrestricted full duty by or before September of this year. Chief Louis asked for the extension and in the alternative, allow Sgt. Moree to use his accumulated sick leave. Tony Williams recommended to Council that they deny the request for extension of injury leave because he has been off a full year and he has accumulated sick leave to get him back to the point of coming back to work. Regular City Council Meeting April 11, 2005 Page 6 Motion to deny by Councilman Poston. Councilman Wilson - second. Councilwoman Fisher and Councilman Biard voted against the motion to deny. Motion carried - 4 ayes, 2 nays. 7.Public Hearing to consider changes to the City of Paris Drought Contingency Plan; establishing criteria for the initiation and termination of drought response stages; establishing restrictions on certain water uses; establishing penalties for the violation of and provisions for enforcement of these restrictions; and establishing procedure for granting variances. Mayor Fendley opened the public hearing and asked for anyone speaking in favor of this item to do so. Jon Clack spoke in support of this item. He explained that they were required to review and revise the plan every five years. He stated the only revision was to the format. Mayor Fendley asked for anyone speaking against this item to do so. With no one else speaking, Mayor Fendley closed the public hearing. 8.Consideration of and action on the following ordinances: A.ORDINANCE NO. 2005-013. AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, ADOPTING A REVISED DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. Motion to approve by Councilman Poston. Councilman Wilson - second. Motion carried - 6 ayes, 0 nays B.ORDINANCE NO. 2005-014. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE OFFERING OF HEALTH BENEFITS COVERAGE TO CITY RETIREES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING AN OPEN MEETINGS Regular City Council Meeting April 11, 2005 Page 7 CLAUSE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Larry Schenk informed the Council this item was a procedural requirement requested by TML in follow-up to the prior Resolution which authorized the manager, finance director and city attorney to work on implementing those programs that were presented to Council. Motion to approve by Councilman Poston. Councilman Wilson - second. Motion carried - 6 ayes, 0 nays C.ORDINANCE NO. 2005-015. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, SUSPENDING THE ISSUANCE OF PERMITS FOR AND IMPOSING A MORATORIUM ON THE ERECTION, RECONSTRUCTION, AND PLACEMENT OF GROUND SIGNS, POLE SIGNS, SIGNBOARDS, BILLBOARDS, TORPEDO SIGNS, AND ELECTRIC SIGNS, WITHING THE CITY LIMITS OF THE CITY OF PARIS; ESTABLISHING A DURATION FOR SAID MORATORIUM AND SUSPENSION; AUTHORIZING THE PREPARATION OF A NEW ORDINANCE REGULATING SIGNS AND BILLBOARDS WITHIN THE CITY LIMITS OF THE CITY OF PARIS; PROVIDING FOR A PENALTY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Lisa Wright stated the current Sign Ordinance was adopted pre-1970 and was difficult to administer because it does not cover current day circumstances. This moratorium would give them time to work on an Ordinance. Councilman Poston wanted to know what the time frame was in which they would have a new Ordinance and if they were going to impact anyone that was going to put up a sign today or tomorrow. Lisa said if the sign was already up they would not be impacted or if they already had a permit they would not be impacted. Councilman Wilson wanted to know if it would be a total lock down for 90 days. Lisa said it would be a total lock down for 90 days; however, it specifically exempted real estate signs and banner signs for charitable events. Mayor Fendley thought the 90 days was a little stiff. Councilman Wilson inquired as to having a provision where there could be an appeal process. Councilman Wilson said he would be more comfortable with 60 days and come back to Council. Tony Williams questioned as to what would happen to those who were having to move signs such as construction on Lamar Ave. Lisa said if they were moving an existing sign they would not have to have a permit. Councilwoman Wilkerson wanted to know when there would be an Ordinance for Council to review. Lisa advised she thought they would Regular City Council Meeting April 11, 2005 Page 8 have something by May. Duncan McMillan, Anthony Sign Company, 2735 South Church Street, spoke against this item and concern for having to close his business for 90 days. Councilman Wilson told Mr. McMillan he should address his concerns with the committee that is bringing this item to Council. Councilman Wilson said he thought they should have a way for Mr. McMillan to continue to do business for the next 90 days. Mr. McMillan asked who he would go through for an appeal. Mayor Fendley advised him through the Manager’s Office working with Lisa Wright. Mayor Fendley said the Ordinance needed to be revised to include a provision for the appeal process and change the duration to 60 days. Councilman Wilson wants the appeal process to include a second appeal to the Council. Motion to approve by Councilman Poston. Councilman Wilson - second. Motion carried - 6 ayes, 0 nays 9.Consider, discuss, and provide direction to City staff or consider possible action regarding annual evaluation of the City Manager, City Attorney, and Municipal Court Judge. Mayor Fendley requested that the evaluations be turned in to Gene no later than Friday, so that he can tabulate the results. Councilwoman Wilkerson wanted clarification on evaluation of the Municipal Judge. Tony Williams informed Council they had asked himself and the city attorney to bring forward a recommendation and that he was in the process of doing so. 10.Consider of and action on the following resolutions: A.RESOLUTION NO. 2005-050. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ADOPTING THE CITY OF PARIS WATER CONSERVATION PLAN IN ACCORDANCE WITH THE REQUIREMENTS OF TITLE 30, TEXAS ADMINISTRATIVE CODE, CHAPTER 288, SUB-CHAPTERS A AND B; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL PRIOR WATER CONSERVATION PLANS IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion to approve by Councilwoman Fisher. Councilman Wilson - second. Motion Regular City Council Meeting April 11, 2005 Page 9 carried - 6 ayes, 0 nays 11.Presentations. A.Barney Bray - 3230 Mahaffey, Paris, Texas - spoke against sanitation privatization. He said there was no input from the commercial and industrial sides and that the specifications were not clear in the proposals. He questioned the bond amount, stationary compactors, recycling, franchise fees, and seven day pickups. He was against a 15 year contract for garbage collection. th B.Creighton Pickering - 290 26 S.E., Paris, Texas - spoke about sanitation privatization. He owns a business and does not want to lose the right to chose who does this service for him. He is against a 15 year contract. th C. Steve Burgin - 3805 19 N.W., Paris, Texas - spoke on behalf of the retirees of the City of Paris. Mr. Burgin read a letter from Dick Boots addressed to the Council. He asked the Council to honor a Resolution passed in October of 1990, which provided health insurance coverage for retirees until they reached the age of 65. Mr. Boots requested the letter be attached to the minutes of this meeting as an exhibit. D.Citizens Forum Kent Kohls - 3935 Brandyn Place, Paris, Texas - spoke about bids for sanitation. As a user of a commercial and an individual, he is concerned about having someone telling him who is going to pick up his trash. He had questions about the charges for the service, as well as the cost of having a place to dump trash. Don Taylor - 515 Bunker, Paris, Texas - he said the business owners knew nothing about the sign ordinance. Mr. Taylor inquired about the water rates that industries are charged and wants to get a copy of those contracts. He referenced a water rate study committee meeting in 2000. Richard Manning - 2965 Cypress, Paris, Texas - he said he thought Don Taylor was thinking about a meeting in 2003. Don Stuckey - 2350 Ballard, Paris, Texas - is against privatization of sanitation. th Benny Plata - 850 19 S.W., Paris, Texas - he headed up the water/sewer Regular City Council Meeting April 11, 2005 Page 10 committee in 2002 or 2003. He told the Council he appreciated the job they were doing and he had recommended job cuts in the past. 12.Possible future agenda items. None were referenced. 13.Referrals. There was a Request for Zoning Change from Daniel Elcan to change Lot 6, City Block 313, 3850 Lamar Avenue, from Agriculture to General Retail. 14.There being no further business, the meeting was adjourned. _____________________________ CURTIS FENDLEY, MAYOR ___________________________ JANICE ELLIS, CITY CLERK