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02 City Council Min 7-11-05 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS July 11, 2005 1. The City Council of the City of Paris met in regular session at 6:00 P. M. Monday, July 11, 2005, at the Love Civic Center, 2025 South Collegiate Drive, Paris, Texas. Present: Mayor: Curtis Fendley Council Members: Richard Manning, Mayor Pro Tern, Tim Ray, Rick Poston and Don Wilson City Staff: City Manager Tony N. Williams, City Attorney Larry W. Schenk, City Clerk Janice Ellis Absent: Council Members: Mary Ann Fisher, Karen Wilkerson The meeting was called to order. 2. Receipt of report from Planning & Zoning Commission. A-B. ORDINANCE NO. 2005-027: 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 ONE-FAMILY DWELLING DISTRICT NO.2 (SF-2) ON PART OF LOT 4, CITY BLOCK 188-A, ON PROPERTY BELONGING TO CLAY YATES, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A LIGHT INDUSTRIAL (LI); DESIGNATING THE BOUNDARIES OF THE ONE-F AMIL Y DWELLING DISTRICT NO.2 (SF -2) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES ORP ARTS 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. Lula Calhoun spoke in support of this item. 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 Council Member Manning. Council Member Ray - second. Motion carried - 5 ayes, 0 nays. ~ Regular City Council Meeting July 11, 2005 Page 2 C-D. ORDINANCE NO. 2005-028: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING THE SITE PLAN FOR A COMBINED PLANNED DEVELOPMENT - COMMERCIAL DISTRICT (Pda.l) AND PLANNED DEVELOPMENT - HOUSING DISTRICT (PD-b), PREVIOUSLY ESTABLISHED FOR LOTS 9, 9-A, 10, 11, 12 AND 13, CITY BLOCK 259, BY THE ADOPTION OF ZONING ORDINANCE NO. 94-016, ADOPTED APRIL 11, 1994, SAID SITE PLAN BEING FOR A PORTION OF LOT 13, THE SAME BEING LOT 13-C, CITY BLOCK 259; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mayor Fendley opened the public hearing and asked for anyone speaking in favor of this item to do so. Noone spoke in support of this ordinance. Mayor Fendley asked for anyone speaking against this item to do so. With no one else speaking, Mayor Fendley closed the public hearing. Subject to the Engineer's recommendations, Motion to approve by Council Member Poston. Council Member Wilson - second. Motion carried - 5 ayes, 0 nays. E. Consideration of and action on the Preliminary Plat on Lot 1, Block 1 of the Paris CVS Addition. Subject to the Engineer's recommendations, Motion to approve by Council Member Wilson. Council Member Manning - second. Motion carried - 5 ayes, 0 nays. F. Consideration of and action on the Final Plat for Brandywine Business Park on Lot lI- E, City Block 316, located on Pine Mill Road. Council Member Wilson made reference that this item had come up before and that we were sub-dividing without a street. Subject to the Engineer's recommendations, Motion to approve by Council Member Manning. Council Member Poston - second. Motion carried, 4 ayes - 1 nay. Council Member Wilson voted against approval of this item. . Regular City Council Meeting July 11, 2005 Page 3 CONSENT AGENDA Upon a motion made by Council Member Wilson and a second by Council Member Poston, the Council voted five (5) for and none (0) opposed to approve and adopt the Consent Agenda, Items 3, 4A., and 5A., as follows: 3. Approval of minutes from previous City Council meetings (June 27, 2005, Special Work Session, June 27,2005). 4. Receipt of reports and/or minutes from committees, boards, and commissions: A. Historic Preservation Commission. (June 8, 2005). 5. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2005-077: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING MEMBERS TO THE TRAFFIC COMMISSION OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 8.A. Mayor Fendley moved to Agenda Item 8.A. Diane Atkinson, representative of Ark- Tex Council of Governments made a presentation regarding the receipt of an award of a U.S. Environmental Protection Agency Brownfield Grant. Ms. Atkinson explained this grant was for $200,000.00 and would help revitalize fonner industrial and commercial sites turning them from problem properties into productive community use. 6. A. Consideration of and action on the following ordinances: ORDINANCE NO. 2005-029: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEXDIVISION, FORAN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THE CITY OF PARIS, AS A PART OF THE COMPANY'S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; APPROVING COOPERATION WITH OTHER CITIES WITHIN THE A TMOS ENERGY CORP., MID-TEX DIVISION DISTRIBUTION SYSTEM AS PART OF . Regular City Council Meeting July 11,2005 Page 4 THE A TMOS CITIES STEERING COMMITTEE (ACSC); AUTHORIZING ACSC TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION; AUTHORIZING INTERVENTION AS PART OF ACSC IN ANY APPEAL OF THE CITY'S ACTION TO THE RAILROAD COMMISSION; APPROVING COSTS INCURRED AS REASONABLE AND PROVIDING A REQUIREMENT FOR PROMPT REIMBURSEMENT OF COSTS; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORP., MID- TEX DIVISION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Council Member Wilson wanted to know how many cities were joining in this denial and how much this would cost the City in legal fees. Larry Schenk told Council he had an e- mail that would reflect the cities that were joining and that it should not cost the City anything, because they had begun to apply for reimbursement through the company. Motion to approve by Council Member Manning. Council Member Ray - second. Motion carried, 5 ayes - 0 nays. B. FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT ORDINANCE NO. 2001-033, WHICH GRANTED A FRANCHISE FOR ELECTRIC SERVICE TO TEXAS UTILITIES ELECTRIC COMPANY, PREVIOUSLY KNOWN AS ONCORELECTRIC DELIVERY COMPANY, NOW KNOWN AS TXU ELECTRIC DELIVERY COMPANY, BE EXTENDED FORA PERIOD OF TWELVE (12) MONTHS PENDING NEGOTIATION OF A NEW FRANCHISE; PROVIDING FOR CONTINUED COMPENSATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS WITH OTHER ORDINANCES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Charles Hill, representative ofTXU Electric Delivery Company, addressed this item. Larry Schenk infonned Council that many of the issues had been resolved. Motion to approve by Council Member Wilson. Council Member Manning - second. . Regular City Council Meeting July 11,2005 Page 5 Motion carried, 5 ayes - 0 nays. C. ORDINANCE NO. 2005-030: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING AN AGREEMENT FOR STREET LIGHTING SERVICE BY AND FOR THE CITY OF PARIS AND TXU ELECTRIC DELIVERY COMPANY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Charles Hill, representative ofTXU Electric Delivery Company, addressed this item. Mr. Hill explained that an audit had been done on street lighting and they did not have an original document laying out how TXU does business with the City. Larry Schenk further explained that this was a spin-off from the deregulation. Motion to approve by Council Member Manning. Council Member Wilson - second. Motion carried, 5 ayes - 0 nays. D. ORDINANCE NO. 2005-031: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, EXTENDING THE SUSPENSION OF THE ISSUANCE OF PERMITS FORAND EXTENDING THE IMPOSITION OF A MORATORIUM ON THE ERECTION, RECONSTRUCTION, AND PLACEMENT OF GROUND SIGNS, POLE SIGNS, SIGNBOARDS, BILLBOARDS, TORPEDO SIGNS, AND ELECTRIC SIGNS, WITHIN THE CITY LIMITS OF THE CITY OF PARIS; ESTABLISHING A DURATION FOR SAID EXTENDED MORATORIUM AND SUSPENSION; AFFIRMING THE PREPARATION OF A NEW ORDINANCE REGULATING SIGNS AND BILLBOARDS WITHIN THE CITY LIMITS OF THE CITY OF PARIS; PROVIDING A VARIANCE AND APPEAL PROCESS; PROVIDING FORA PENALTY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Council Member Poston inquired if the thirty days was firm. Tony Williams asked Lisa Wright if she could do this in thirty days and she answered in the affirmative. Motion to approve by Council Member Manning. Council Member Poston - second. Motion carried, 5 ayes - 0 nays. E. ORDINANCE NO. 2005-032: AN ORDINANCE OF THE CITY COUNCIL . Regular City Council Meeting July 11,2005 Page 6 OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING SECTION 34-23 ( C) OF THE CODE OF ORDINANCES OF THE CITY OF PARIS TO ADJUST SURCHARGES APPLICABLE TO WASTEWATER DISCHARGES WHICH EXCEED ACCEPTABLE LIMITS, IN ACCORDANCE WITH THE CITY'S RECENT RATE STUDY, AND TO OMIT CERTAIN OBSOLETE LANGUAGE REGARDING CALCULATION OF RATES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Council Member Manning wanted to know who this would affect. Tony said this would affect industries in the community. Tony explained if you violated the criteria of BOD's or TSS, there was an excessive strength charge provision for exceeding the limits of 250 per pound of emission. Tony further explained this was a recommendation from the rate study. Council Member Wilson wanted to know if we still had the monthly monitor on all of the industries. Tony told him that we do monitor these industries to make sure they are in compliance. Council Member Poston wanted to know who set these standards. Tony infonned Council that the EP A and state environmental quality had been involved in setting these standards. Tony further infonned Council we had to have these standards specifically signed off by the state and feds for the emission levels. Motion to approve by Council Member Poston. Council Member Manning - second. Motion carried, 5 ayes - 0 nays. F. ORDINANCE NO. 2005-033: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING A CONTRACT BY AND BETWEEN THE CITY OF PARIS AND GIS INFORMATION SYSTEMS, INC. FOR THE PURCHASE OF THE GAYLORD POLARIS INTEGRATED LIBRARY SYSTEM, A COMPREHENSIVE REPLACEMENT INFORMATION COMPATIBLE INTEGRATED COMPUTER SYSTEM FOR USE BY THE CITY OF PARIS PUBLIC LIBRARY; MAKING PROVISION FOR USE OF LIBRARY TRUST FUNDS IN THE PURCHASE OF SAID SYSTEM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. . Regular City Council Meeting July 11, 2005 Page 7 Council Member Manning wanted to know what the annual maintenance fee would be. Priscilla McAnally informed Council it would be approximately $8,200.00. Council Member Wilson questioned GSI reserving the right to charge an additional $200.00 per hour for services. Priscilla informed Council that applies only if someone that works in the library changes the software and messes it up. She infonned Council they would not alter it. Council Member Wilson asked for confirmation that the Library Fund would pay the $72,000.00 for the system and the City would pay the annual maintenance agreement fee. Priscilla confirmed this. Motion to approve by Council Member Poston. Council Member Ray - second. Motion carried, 5 ayes - 0 nays. 7. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2005-078: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ACCEPTING THE CONVEYANCE OF AN IRON BANISTER BRIDGE FROM LAMAR COUNTY FOR PLACEMENT AND USE IN HERITAGE PARK; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Motion to approve by Council Member Wilson. Council Member Manning - second. Motion carried, 5 ayes - 0 nays. B. This item was pulled because it was resolved. C. RESOLUTION NO. 2005-079: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, REVISING SECTION 6 OF RESOLUTION NO. 2005-070, ADOPTED JUNE 13, 2005, WHICH STATED THE INTENT OF THE CITY OF PARIS TO DISANNEX TWO TRACTS OF LAND, TO EXTEND THE ANTICIPATED FINAL DATE OF DISANNEXA TION FROM AUGUST 29,2005, TO SEPTEMBER 26,2005, TO ACCOMMODATE AND AFFORD THE OPPORTUNITY FOR FULL VOTERP ARTICIP A TION OF THOSE RESIDENTS RESIDING IN THOSE PROPERTIES PROPOSED FOR DISANNEXATION IN A SPECIAL ELECTION TO BE CONDUCTED BY THE CITY OF PARIS ON SEPTEMBER 10,2005; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. . Regular City Council Meeting July 11,2005 Page 8 Larry Schenk told Council that the problem with the prior schedule was that we would have had early voting to begin before we disannexed the property but we would have finished the disannexation before we had the actual election day. Mr. Schenk said that would have probably presented a problem with the Justice Department. The purpose of this item was to delay it until we had canvassed the returns and the election process complete. Motion to approve by Council Member Poston. Council Member Manning - second. Motion carried, 5 ayes - 0 nays. D. RESOLUTION NO. 2005-080. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION CONTRACT BETWEEN THE CITY OF PARIS AND THE COUNTY OF LAMAR FOR COUNT-WIDE EMERGENCY MEDICAL SERVICES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Motion to approve by Council Member Manning. Council Member Ray - second. Motion carried, 5 ayes - 0 nays. 8. Presentations B. Citizens Forum Ray Banks - 3450 Robin Road, made a complaint regarding wooded property in the area of 33rd S.E. between Lamar and Clarksville Street. He also made a complaint about the parking lot at the sports complex not complying with a city ordinance because it wasn't dust free. 9. Possible future agenda items. None were referenced. 10. Referrals. John Tolleson - Part of Lot 14, City Block 259, 700 Block of North Collegiate Angela Corrigan - Lot 2, Block A, Westwood Addition, 3420 West Houston Street . Regular City Council Meeting July 11, 2005 Page 9 11. There being no further business, the meeting was adjourned. CURTIS FENDLEY, MAYOR JANICE ELLIS, CITY CLERK .