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.
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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)
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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Benny Plata - 850 19 S.W., Paris, Texas - he headed up the water/sewer
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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