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04 City Council Special 8-8-05 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS August 8, 2005 1. The City Council of the City of Paris met in regular session at 6:00 P. M. Monday, August 8, 2005, at the Love Civic Center, 2025 South Collegiate Drive, Paris, Texas. Present: Mayor: Curtis Fendley Council Members: Tim Ray; Richard Manning, Mayor Pro Tern; Mary Ann Fisher; Karen Wilkerson; Rick Poston; and Don Wilson City Staff: Tony N. Williams, City Manager; Larry W. Schenk, City Attorney; and Janice Ellis, City Clerk The meeting was called to order. 2. Receipt of report from Planning & Zoning Commission. Consider of and action on the following Ordinances: A-B. ORDINANCE NO. 2005-035: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 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 - HOUSING DEVELOPMENT OR COMMUNITY UNIT DEVELOPMENT (ASSISTED LIVING) (PD-b) ON PART OF LOT 14, CITY BLOCK 259, REQUESTED BY JOHN MARC TOLSON, AGENT FOR W. W. HARPER ET AL, OWNERS SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A PLANNED DEVELOPMENT DISTRICT - RETAIL SHOPPING CENTER (PD-a); DESIGNATING THE BOUNDARIES OF THE PLANNED DEVELOPMENT DISTRICT - HOUSING DEVELOPMENT OR COMMUNITY UNIT DEVELOPMENT (ASSISTED LIVING) (PD-b) SO ESTABLISHED; PROVIDING FOR A PENAL TY 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. Council Member Wilson made a motion to recuse himself. Motion to recuse Council Member Wilson made by Council Member Wilkerson and seconded by T I Regular City Council Meeting August 8, 2005 Page 2 Council Member Poston. Motion carried - 6 ayes, 0 nays. John Marc Tolson with Galier, Tolson and French Design Associates, spoke in support of this item. He advised Council this would be an assisted living facility. 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 Poston. Council Member Manning - second. Motion carried - 6 ayes, 0 nays. Mayor Fendley moved to Agenda Items 2 E. & F. E-F. ORDINANCE NO. 2005-036: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING THE SITE PLAN FOR A PLANNED DEVELOPMENT DISTRICT - HOUSING DEVELOPMENT OR COMMUNITY UNIT DEVELOPMENT (ASSISTED LIVING) (PD-b), PREVIOUSLY ESTABLISHED BY THE ADOPTION OF ZONING ORDINANCE NO. 2005-035, FORA PART OF LOT 14, CITY BLOCK 259; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES ORP ARTS 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. No one spoke in support of this item. Mayor Fendley asked for anyone speaking against this item to do so. With no one speaking, Mayor Fendley closed the public hearing. Motion to approve by Council Member Manning, subject to changes of the parking spaces. Council Member Fisher - second. Motion carried - 6 ayes, 0 nays. Motion to return Council Member Wilson to the meeting made by Council Member Poston. Council Member Wilkerson - 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 2, BLOCK "A", WESTWOOD ADDITION, AS REQUESTED BY ANGELA CORRIGAN, AGENT FOR BRENDA BALLARD, T I Regular City Council Meeting August 8, 2005 Page 3 OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERL Y DESIGNATED AS A SINGLE-FAMILY DISTRICT (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 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. Angela Corrigan spoke in support of this item. She stated that she was a Christian counselor and would like to be able to see clients out of the home. Council Member Manning inquired as to why she could not do this in a location that was not in the middle of a residential neighborhood. Ms. Corrigan said her clients would prefer to come to a place that is not public. Council Member Manning said he does not want to see a re- zoning done right in the middle of a residential neighborhood. Lisa Wright described that neighborhood zoning allows businesses in neighborhoods, such as a small beauty salon, seamstresses and the kinds of businesses that people could operate out of their homes. There are a couple of people in the neighborhood who oppose the zoning change because neighborhood service zoning under the ordinance does not expire. Council Member Wilson inquired as to whether or not we can have a zoning that remains only as long as that owner has the property. Larry Schenk said that traditionally the zoning is tied to the property. Council Member Wilson wanted to know if the zoning was designated so that no one else could use it for anything other than counseling. Lisa Wright said no, because neighborhood service has a variety of uses. Council Member Wilson expressed that neighborhood service zoning should contain specifics. Larry Schenk suggested that the neighborhood services be broken into sub-categories that would be narrow in the scope of the kind of use it could be used for. Lisa Wright told Council that the Planning and Zoning Commission had been in the process of overhauling the comprehensive master plan and part of that plan includes changing some of the uses under certain classifications. Lisa Wright further said that Ms. Corrigan could come back to Planning and Zoning and ask for a re-zoning without a charge. 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 table by Council Member Wilkerson. Council Member Ray - second. Motion carried - 7 ayes, 0 nays. T I Regular City Council Meeting August 8, 2005 Page 4 CONSENT AGENDA Council Member Wilkerson stated that in the minutes for the council meeting of July 25, 2005, under presentations, that Bobby Stillville should be Bobby Stillwell. Subject to the correction in the minutes of July 25, 2005, a motion was made by Council Member Wilkerson and a second by Council Member Manning, the Council voted seven (7) for and none (0) opposed to approve and adopt the Consent Agenda, Items 3, 4A, 4B, 5, 6A, 6B, 6C, 6D, 6E, 6F, 6G, 6H, 61 and 6J as follows: 3. Approval of minutes from previous City Council meetings. (7-25-05; 8-1-05) 4. Receipt of reports and/or minutes from committees, boards, and . . commIssIons: A. Historic Preservation Commission. (7-13-05) B. Civil Service Commission. (7-14-05) 5. Appointing an independent auditor to conduct the Annual Audit, as required by Section 35 of the Charter of the City of Paris for the fiscal year ending September 30, 2005. 6. Consideration of and action on the following bids received at public bid . openIngs: A. Furnishing and delivery of Liquid Chlorine for use in the Wastewater Treatment Plant and Water Treatment Plant. B. Furnishing and delivery of Liquid Alum for use in the Water Treatment Plant. C. Furnishing and delivery of Liquid Anhydrous Ammonia for use in the Water Treatment Plant. D. Furnishing and delivery of Hydrated Lime for use in the Water Treatment Plant. (Bulk) T I Regular City Council Meeting August 8, 2005 Page 5 E. Furnishing and delivery of Hydrated Lime for use in the Water Treatment Plant (bagged). F. Furnishing and delivery of Powdered Activated Carbon for use in the Water Treatment Plant. G. Furnishing and delivery of Liquid Sulfur Dioxide for use in the Wastewater Treatment Plant. H. Furnishing and delivery of Sodium Hydroxide for use in the Water Treatment Plant. I. Furnishing and delivery of Liquid Cationic Polyacrylamide Emulsion (Flocculant) for use in the Wastewater Treatment Plant. J. Furnishing and delivery of Fluosilicic Acid for use in the Water Treatment Plant. 7. Consideration of and action on the following Ordinances: A. ORDINANCE NO. 2005-037: 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 FOR A PENALTY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mayor Fendley stated that he did not believe that staff nor the committee was ready to make recommendations. Council Member Manning wanted to know about the sign companies that had everything on hold. Tony Williams said the requests were being processed in a timely manner. Council Member Manning wanted to know who was going T I Regular City Council Meeting August 8, 2005 Page 6 to enforce the sign ordinance. Lisa Wright said that when they receive a complaint about a sign, they cite the property owner. Council Member Manning said we need to hold some meetings in the evening so that business people can attend. Council Member Wilkerson expressed concern about the signs on North Main that had been there for ten years and the lack of enforcement of the current sign ordinance. Lisa Wright said that Rick Hundley was out looking at signs, building a data base and the issues were being addressed. Lisa Wright further informed Council there would be approximately twenty- five notices going out within the week for violations Rick Hundley had found. Council Member Wilson said that we need ninety days to see what code enforcement can get cleaned up. Mayor Fendley inquired if Council wanted ninety days inserted in the ordinance. Motion to approve by Council Member Wilson. Council Member Wilkerson - second. Motion carried - 7 ayes, 0 nays. B. ORDINANCE NO. 2005-038: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ESTABLISHING MAXIMUM, REASONABLE AND PRUDENT RATES OF SPEED ON CERTAIN PORTIONS OF CERTAIN STREETS AND HIGHWAYS AND PUBLIC PLACES IN THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION THEREOF; AND PROVIDING AN EFFECTIVE DATE. Tony Williams inquired as to what brought this forward. Karl Louis said that this was a request by a pre-k and childhood development center. The Texas Department of Transportation granted approval of a 30 m.p.h. in this area, which consists of several hundred feet. Motion to approve by Council Member Wilkerson. Council Member Poston - second. Motion carried - 7 ayes, 0 nays. T 8. Consideration of and action on the following Resolutions: A. RESOLUTION NO. 2005-087: A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING AMENDMENT NO. TWO TO TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF PARIS, PARIS, TEXAS, AND TURNER INTERNATIONAL PIPING SYSTEMS, INC. DATED FEBRUARY 18, 1999; MAKING OTHER I Regular City Council Meeting August 8, 2005 Page 7 FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Motion to approve by Council Member Poston. Council Member Fisher - second. Motion carried - 7 ayes, 0 nays. B. RESOLUTION NO. 2005-088: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING A TAX ABATEMENT AGREEMENT WITH TURNER INDUSTRIES GROUP, LLC; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Motion to approve by Council Member Poston. Council Member Manning - second. Motion carried - 7 ayes, 0 nays. C. RESOLUTION NO. 2005-089: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A RENEWAL AND EXTENSION OF A WATER SERVICE CONTRACT BY AND BETWEEN THE CITY OF PARIS AND TENASKA III TEXAS PARTNERS, A TEXAS GENERAL PARTNERSHIP; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Council Member Manning wanted to know why the extension was for only ninety days. Tony Williams explained that Tenaska was in the process of working out a new three year agreement with the purchaser of power from their facility. Motion to approve by Council Member Manning. Council Member Fisher - second. Motion carried - 7 ayes, 0 nays. T D. RESOLUTION NO. 2005-090: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT WITH PARIS INDEPENDENT SCHOOL DISTRICT FOR PROVISION OF SCHOOL RESOURCE OFFICER SERVICES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. I Regular City Council Meeting August 8, 2005 Page 8 Council Member Manning wanted to know why there was a difference of a couple of hundred dollars between the two schools. Gene Anderson explained the difference was based on the fact that the officers do not all make the same amount of pay. Motion to approve by Council Member Wilson. Council Member Wilkerson - second. Motion carried - 7 ayes, 0 nays. E. RESOLUTION NO. 2005-091: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT WITH NORTH LAMAR INDEPENDENT SCHOOL DISTRICT FOR PROVISION OF SCHOOL RESOURCE OFFICER 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 - 7 ayes, 0 nays. 9. Citizens Forum. Gary Forrest - Forrest Signs, 811 24th S.E., spoke about the sign ordinance and felt that the moratorium should have been given more consideration as to what it is doing to the sign shops. 10. Possible future agenda items. None were referenced. 11. Referrals. There were no referrals. 12. Ad j oumment. There being no further business, the meeting was adjourned. T I Regular City Council Meeting August 8, 2005 Page 9 CURTIS FENDLEY, MAYOR JANICE ELLIS, CITY CLERK T I