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03 City Council Min 5-18-05 SPECIAL MEETING OF THE CITY COUNCIL, CITY OF PARIS May 18, 2005 1.The City Council of the City of Paris met in regular session at 6:00 P. M. Monday, May 18, 2005, at the Love Civic Center, 2025 South Collegiate Drive, Paris, Texas. Present:Mayor:Curtis Fendley Council members:Tim Ray, Richard Manning, 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 Call meeting to order. 2.Approval of minutes from previous City Council meetings. (4-11-05). Motion to approve by Councilman Bell. Councilman Poston - second. Motion carried - 7 ayes, 0 nays. 3.Mayor Fendley canvassed the returns of the Regular Municipal Election held on May 7, 2005, and the results were as follows: Early Voting/District 4: John Holmes - 7; Scott Biard - 28; Richard Manning - 49 Election Day/District 4: John Holmes - 2; Scott Biard - 34; Richard Manning - 89 Total/District 4: John Holmes - 9; Scott Biard - 62; Richard Manning - 138 - Declaring Richard Manning the winner in District 4. Early Voting/District 7: Tim Ray - 51; Bill Strathern - 45; Jim Bell - 75; Michael J. Pfiester - 3 Election Day/District 7: Tim Ray - 168; Bill Strathern - 152; Jim Bell 130; Michael J. Pfiester - 10 Total/District 7: Tim Ray - 219; Bill Strathern - 197; Jim Bell - 205; Michael J. Pfiester - 13 - Declaring Tim Ray the winner in District 7. Motion to approve by Councilwoman Fisher. Councilwoman Wilkerson - second. Motion carried 7 ayes, 0 nays. Special City Council Meeting May 18, 2005 Page 2 4.RESOLUTION NO. 2005-051: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, CANVASSING THE RETURNS FOR THE MAY 7, 2005, GENERAL ELECTION FOR COUNCIL DISTRICTS 4 AND 7; DECLARING THE WINNER OF SAID ELECTION; ACKNOWLEDGING THE RESULTS OF PRIOR COUNCIL ACTION DECLARING A CANDIDATE AS ELECTED TO OFFICE FOR COUNCIL DISTRICT 5 AS A RESULT OF HAVING BEEN UNOPPOSED FOR ELECTION TO OFFICE; DECLARING THE TERMS OF OFFICE FOR THE AFORESAID CANDIDATES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Motion to approve by Councilman Biard. Councilwoman Wilkerson - second. Motion carried - 7 ayes, 0 nays. 5.The Oath of Office was administered to newly elected Council Members, Curtis Fendley, Richard Manning and Tim Ray, by Municipal Judge Thomas Hunt III. Presentation of plaques by Mayor Fendley to Jim Bell and Scott Biard for their service on the City Council. 6.Election by City Council of Mayor and Mayor Pro Tempore to serve the City of Paris for the next year. Mayor Fendley opened the floor for nomination of mayor. Councilwoman Fisher made a motion to nominate Richard Manning as mayor. Councilman Ray - second. Councilman Wilson made a motion to nominate Curtis Fendley as mayor. Councilman Poston - second. Mayor Fendley asked for any other nominations. With no one else making nominations, Mayor Fendley asked for a motion for nominations to cease. Councilman Ray made a motion. Councilwoman Wilkerson - second. Motion carried - 7 ayes, 0 nays. Mayor Fendley asked for those in favor of Richard Manning to raise their right hand. Councilman Ray, Councilman Manning and Councilwoman Fisher raised their right hands. Mayor Fendley asked for those opposed to Richard Manning. Mayor Fendley, Councilwoman Wilkerson, Councilman Poston and Councilman Wilson raised their right hands. Special City Council Meeting May 18, 2005 Page 3 Mayor Fendley asked for those in favor Curtis Fendley to raise their right hand. Mayor Fendley, Councilwoman Wilkerson, Councilman Poston and Councilman Wilson raised their right hands. Mayor Fendley asked for those opposed to Curtis Fendley to raise their right hands. Councilman Ray, Councilman Manning and Councilwoman Fisher raised their right hands. Curtis Fendley was declared the mayor by a 4-3 vote. Mayor Fendley opened the floor for nomination of mayor pro-tempore. Councilwoman Wilkerson made a motion to nominate Richard Manning as mayor pro-tempore. Councilwoman Fisher - second. There were no other nominations. Motion to approve by Councilman Ray. Councilwoman Wilkerson - second. Motion carried - 7 ayes, 0 nays. 7.Receipt of report from the Planning & Zoning Commission. A-B.ORDINANCE NO. 2005-016: 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 GENERAL RETAIL DISTRICT (GR) ON LOT 1, CITY CLOCK 313, REQUESTED BY DANIEL G. ELCAN, AGENT FOR R. WAYNE LOWE, OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) 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. Mayor Fendley opened the public hearing and asked for anyone speaking in favor of this item to do so. A.W. (Plug) Clem of the Moore Law Firm spoke in support of this item, on behalf of Elcan and Associates. Mayor Fendley asked for anyone speaking against this item to do so. Special City Council Meeting May 18, 2005 Page 4 With no one else speaking, Mayor Fendley closed the public hearing. Motion to approve by Councilman Manning. Councilwoman Fisher - second. Motion carried, 7 ayes - 0 nays. C.Consideration of and action on the Preliminary Plat of the Kennedy Subdivision. Motion to approve by Councilman Poston subject to the engineer’s memorandum. Councilman Wilson - second. Motion carried - 7 ayes, 0 nays. D.Consideration of action on the Preliminary Plat of Lots 1 and 2, City Block 313, B.D.T. Subdivision. Motion to approve by Councilwoman Fisher subject to the engineer’s memorandum. Councilman Poston - second. Motion carried - 7 ayes, 0 nays. CONSENT AGENDA Councilman Poston asked for more information on item 9B. Subject to pulling item 9B for discussion, a motion was made by Councilman Poston and a second by Councilman Manning, the Council voted six (7) for and none (0) opposed to approve and adopt the consent agenda, Items 8A, 8B, 8C, 9A and 9C, as follows: 8.Receipt of reports and/or minutes from committees, boards, and commissions: A.Board of Adjustment. (4-18-05) B.Historic Preservation Commission. (3-28-05; 4-13-05) C.Main Street Advisory Board. (4-20-05) 9.Consideration of and action on the following resolutions: A.RESOLUTION NO. 2005-052: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE SALE OF TAX DELINQUENT PROPERTY DESCRIBED AS LOT 10-A, CITY BLOCK ST 149, BEING NUMBER 648 1 STREET SW; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN Special City Council Meeting May 18, 2005 Page 5 EFFECTIVE DATE. B.Approving and authorizing the execution of Texas Department of Transportation final plans for the construction of miscellaneous work consisting of audible traffic signal installation (State Project No. C 45-9-84) in the Plaza area of downtown Paris. Shawn Napier explained this was a request given to TxDOT by a local citizen to install audible signals for a blind person. Councilman Wilson wanted to know if we were participating. Shawn informed the Council that it was all TxDOT money. Councilman Poston had a concern about the signals going off all the time. Councilman Ray wanted to know if the tones were discernable from other tones and if a blind person would know which side the audible sound was coming from. Councilwoman Wilkerson wanted to know if there had been a safety study done on the plaza. Shawn Napier informed Council that he did not have information as to what they did. Mayor Fendley asked if they wanted to table this and have TxDOT bring Council more information. Councilman Wilson said that there had been a complaint and by law when there was a complaint, it was his understanding there wasn’t a lot TxDOT could do. Councilman Wilson expressed that Council should let TxDOT take care of this because they had received the complaint. Motion to table this item by Councilwoman Wilkerson, in order to receive additional information from TxDot. Councilman Ray - Second. Motion carried 7 ayes, 0 nays. C.RESOLUTION NO. 2005-053: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING A MEMBER TO THE MAIN STREET ADVISORY BOARD TO SERVE THE UNEXPIRED TERM OF DEANNA ROBERTS, WHICH EXPIRES MARCH 31, 2008; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 10.Personal Appearance(s). A.Presentation of Water & Sewer Rate Study by representatives of R. W. Beck, Inc. and City staff. Daryl Cline of R.W. Beck gave a presentation of their findings of the water and wastewater cost of service and rate design study conducted for the City of Special City Council Meeting May 18, 2005 Page 6 Paris. Mr. Cline informed Council the electricity rate increased in January of this year and based on this rate increase, it is forecasted that the water and wastewater utility will experience an additional $450,000.00 in electricity costs. The current rates are not sufficient to meet the water and wastewater expenditures that are forecasted. There is a continued decline in consumption by the commercial customers. Cost increase coupled with the decline in consumption is the reason for the lack of the current rates to meet forecasted expenditures. The recommendation is to increase the water and wastewater rates. There is a need to restore the operating reserves and the recommendation is that the City eventually obtain a 60 day of level operating reserves. The City needs to try to get back to the level of the cash capital outlays as far as capital replacement to utility lines. In addition, there is a recommendation that next years rate the City look at raising the operating reserve level as far as the annual contribution an additional $200,000.00. Under the 50/50 scenario, an average residential customer with a 5/8 inch and 3/4 inch meter size would see a monthly increase of $3.05 on his or her bill. An average commercial customer with a 5/8 inch and 3/4 inch meter size would see an average monthly increase of $4.17 on their bill. Tony Williams gave a presentation regarding the financials as of the end of April 2004. He stated that at that point, the City had collected 3,380,869.88 and as of April this year the City had collected $3,360,000.00. Tony explained that last year the City missed its budget by $299,785.00 and that at the end of April the City’s collections were down $20,000.00. This year the City estimated $88,000.00 more in sales. With regard to expenditures, the electricity increase was approximately $450,000.00. At the end of April 2004, the City had spent $1,027,361.00 for water production. At the end of April 2005, the City had spent $1,273,000.00 for water production. That is almost exactly $250,000.00 more spent this year in water production cost, as a result of the increased cost of electricity. Based on this information, the City will exceed its expenses between $400,000.00 and $450,000.00 and miss the revenues by approximately $300,000.00, unless there is a dry year. 11.Consideration of and action on the following ordinances: A.ORDINANCE NO. 2005-017: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE Special City Council Meeting May 18, 2005 Page 7 OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING SUBSECTION (b) OF SECTION 34-22 OF SAID CODE TO ESTABLISH WATER RATES FOR RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL CUSTOMERS THAT ARE BASED UPON THE COST TO SERVE EACH CLASS AND TO DELETE SUBJECTION (C); REVISING SUBSECTION (a) OF SECTION 34-23 TO ESTABLISH SEWER RATES FOR CITY WATER CUSTOMERS; AMENDING SECTION 34-28 TO REVISE THE REQUIREMENTS FOR DEPOSITS FOR RESIDENTIAL WATER, SEWER, AND GARBAGE SERVICE; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Motion to approve by Councilman Wilson. Councilman Poston - second. Councilwoman Fisher voted against approval of the motion. Motion carried - 6 ayes, 1 nay. B.ORDINANCE NO. 2005-018. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT SECTION 34-4(a) OF THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING THE WATER AND SEWER TAP FEES; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Motion to approve by Councilman Wilson. Councilman Manning - second. Councilwoman Fisher voted against approval of the motion. Motion carried - 6 ayes, 1 nay. C.ORDINANCE NO. 2005-019: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING SECTION 28 TO ORDINANCE NO. 1710 OF THE ZONING ORDINANCE OF THE CITY OF PARIS, TO REVISE THE REGULATION FOR WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES AS APPLIED TO AGRICULTURALLY ZONED PROPERTY; REVISING SET-BACKS FOR TOWERS LOCATED IN COMMERCIAL, LIGHT INDUSTRIAL, AND HEAVY INDUSTRIAL ZONED AREAS; PROVIDING FOR A LIMITED VARIANCE PROCEDURE; PROVIDING FOR SEVERABILITY; Special City Council Meeting May 18, 2005 Page 8 PROVIDING A REPEALER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO SUBJECT; AND DECLARING AN EFFECTIVE DATE. Brock Bailey, attorney for Verizon Wireless, addressed the section pertaining to permitted areas because the Ordinance removes agricultural from permitted areas. He thought the 500 feet setback was unreasonable, in that it was not related to the height of the tower. Councilman Ray expressed his concern for having a tower fall and where it would land if there wasn’t the 500 feet setback. Councilwoman Fisher left the meeting at 6:25 p.m. during discussion of this item and had not returned when action was taken. Motion to approve by Councilwoman Wilkerson. Councilman Poston - second. Motion carried - 6 ayes, 0 nays - with one being absent. D.ORDINANCE NO. 2005-020: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ARTICLE IV TO CHAPTER 30 OF THE CODE OF ORDINANCES, ENTITLED TAX EXEMPTION FOR HISTORICAL STRUCTURES, TO PROVIDE A TAX EXEMPTION FOR NEW CONSTRUCTION IN HISTORICALLY DESIGNATED AREAS WITHIN THE CITY; PROVIDING FOR AN EXEMPTION OF THE INCREASE OF THE ASSESSED VALUE OF CERTAIN PROPERTIES FOR TAX PURPOSES WHICH ARE LOCATED IN AREAS OF THE CITY DESIGNATED AS HISTORIC DISTRICTS PURSUANT TO THE CITY’S HISTORIC PRESERVATION ORDINANCE AND THE CITY ZONING ORDINANCE WHICH SERVE AS SITES FOR NEW, HISTORICALLY COMPATIBLE CONSTRUCTION; ESTABLISHING GUIDELINES AND CRITERIA FOR TAX EXEMPTION; PROVIDING A REPEALER; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; MAKING OTHER FINDS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. At 6:28 p.m. Councilwoman Fisher returned to the meeting. Councilman Manning stated the city has financial concerns and questioned why Council is giving tax abatements. Special City Council Meeting May 18, 2005 Page 9 Mayor Fendley explained that he understood that this Ordinance was to encourage infill construction in historical areas that would look like the area that is already there. Councilman Wilson stated that there were complaints that the houses that were being torn down by the City were not being replaced by nice houses. He explained that the City was having to mow these vacant lots and costing the City money. He further said if we could get houses on the lots, we could receive revenue after three years. This Ordinance is to encourage the building of larger houses in these neighborhoods. Councilman Manning what to know what is to stop an extension after three years. Larry Schenk informed Council that this Ordinance does not make any provision for an extension. Skipper Steely, a citizen, spoke in support of this Ordinance. Motion to approve by Councilman Wilson. Councilwoman Wilkerson - second. Councilman Manning voted against approval of the motion. Motion carried - 6 ayes, 1 nay. 12.Consideration of and action on the following resolutions: A.RESOLUTION NO. 2005-054: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND RATIFYING AN APPLICATION FOR AN AUTOMOBILE THEFT PREVENTION GRANT; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Motion to approve by Councilman Wilson. Councilwoman Wilkerson - second. Motion carried - 7 ayes, 0 nays. 13.Staff Reports. A.City Engineer Shawn Napier presented Council with a Memorandum regarding Special City Council Meeting May 18, 2005 Page 10 the status of the City Hall Project. 14.Presentations. A.John Crider - presented a status report on the Firefighter’s Pension Plan. He informed the Council the figures he had with him were from 2003 because the 2005 report was in progress. As of January 1, 2003, the amortization period was 29.7 years. The plan is a defined benefit pension plan. A retiring firefighter gets $89.50 per month multiplied by how long he has worked under the plan. The City is currently contributing at 10.58% and the member contributes 10% of pay. B.Citizens Forum No one came forward to speak. 15.Possible future agenda items. Councilman Manning wants to review and discuss the firefighter cuts that are proposed for next month. Mayor Fendley wants to discuss appointing a charter review committee. Councilman Ray wants to discuss the retirees insurance with regard to the city manager’s proposals to increase their contribution to their insurance program 16.Referrals. Mitch Wofford - request for zoning change for Lot 3, City Block 234, 1631 W. Henderson. 17.There being no further business, the meeting was adjourned. _____________________________ CURTIS FENDLEY, MAYOR ___________________________ Special City Council Meeting May 18, 2005 Page 11 JANICE ELLIS, CITY CLERK