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02 City Council Min 10-10-05 REGULAR MEETING 0 F THE CITY CO UN CIL, CITY OF PARIS October 10,2005 1. -The City Council of the City of Paris met for a special work session at 6:00 P. M. Monday, October 10,2005, 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; and Don Wilson City Staff: Tony N. Williams, City Manager; Larry W. Schenk, City Attorney; and Janice Ellis, City Clerk Absent: Council Members: Rick Poston Richard Hart gave the invocation. 2. Receipt of report from the Planning & Zoning Commission. A-B. ORDINANCE NO. 2005-054: 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 AN HISTORIC OVERLAY DISTRICT NO. 13 (HD-I3) (DOWNTOWN HISTORIC DISTRICT NO. 2) ON PART OF LOT 1, BLOCK A OF THE PARIS CVS ADDITION, BEING 561 CLARKSVILLE STREET, IN THE CITY OF PARIS, TEXAS IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE PLANNING AND ZONING COMMISSION AND THE HISTORIC PRESERVATION COMMISSION; PRESERVING THE RESPECTIVE EXISTING USE AND ZONING DESIGNATIONS OF THE PROPERTY SO DESIGNATED; DESIGNATING THE BOUNDARIES OF THE HISTORIC OVERLA YDISTRICT NO.I3 (HD-I3) (DOWNTOWN HISTORIC DISTRICT NO. 2) SO ESTABLISHED; PROVIDING FORA PENAL TYNOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES ORP ARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. ~ ~ " T I .Regular City Council Meeting October 10, 2005 Page 2 Mayor Fendley opened the public hearing and asked for anyone speaking in favor of this item to do so. Michael Doggett with Winkleman & Associates, 6750 Hillcrest Plaza # 1 0, Dallas, Texas 75230, 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. A Motion to approve was made by Council Member Wilkerson and seconded by Council Member Wilson. Motion carried, 6 ayes - 0 nays. C. . Consideration of and action on the Preliminary Plat for Covenant Christian Church on Part of Lot 9, City Block 351, being number 4055 Loop 286 S.E. Subject to the engineer's recommendations, a Motion to approve was made by Council Member Manning and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. D. Consideration of and action on the Preliminary Plat for C&C Storage on Lot 9, City Block 251, being located in the 100 block of W. Oak Street. Subject to the engineer's recommendations, a Motion to approve was made by Council Member Wilkerson and seconded by Council Me~ber Fisher. Motion carried, 6 ayes - 0 nays. E. Consideration of and action on the Final Plat for R&S Enterprises on Lots 4A, 4B, and 4C, City Block 313, being located in the 3700-3800 Block of Lamar Avenue. Subject to the engineer's recommendations, a Motion to approve was made by Council Member Fisher and seconded by Council Member Ray. Motion carried, 6 ayes - 0 nays. F. Consideration of action on the Replat of Lot 14, Block 1 of the Talkington Hodge Addition, being number 1407 W. Kaufman. Subject to the engineer's recommendations, a Motion to approve was made by Council Member Wilkerson and seconded by Council Member Manning. Motion carried, 6 ayes - 0 nays. ~ " T I Regular City Council Meeting October 10, 2005 Page 3 CONSENT AGENDA Upon a motion made by Council Member Wilkerson and a second by Council Member Manning, the Council voted six (6) for and none (0) opposed to approve and adopt the Consent Agenda, Items 3, 4A, and 4B, as follows: 3. Approval of minutes from previous City Council meetings. (9-26-2005) 4. Receipt of reports and/or minutes from committees, boards, and commissions: A. Airport Advisory Board. (9-15-2005) B. Historic Preservation Commission. (8-31-2005) 5. Public Hearing regarding the adoption of an ordinance to participate in the Texas Enterprise Zone Program; to nominate Kimberly-Clark Corporation as a Double Jumbo Texas Enterprise Proj ect; and to receive input regarding designation of an area as Reinvestment Zone No. 12 associated with a proposed tax abatement for Kimberly- Clark Corporation. Mayor Fendley opened the public hearing and asked for anyone speaking in favor of this item to do so. Gary Vest of Paris Economic Development Corporation spoke in support of this item. Gary stated that with the new Census and legislature, the Enterprise Zone Program has changed and they had to reapply for the Enterprise Zone Designation. He said the program allows some state incentives if the industry qualifies for a project. Tony Williams said this was a competitive program and there were no guarantees that it would be granted. Larry Schenk said one of the positive points is that the City will get its Zone Designation renewed as part of this process. Gary Vest said the Enterprise Zone expired September 1,2005 and they are asking to renew it. Mayor Fendley asked for anyone speaking against this item to do so. WIth no one else speaking, Mayor Fendley closed the public hearing. 6. Consideration of and action on the following ordinances: A. ORDINANCE NO. 2005-055: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS AUTHORIZING THE CITY OF PARIS TO PARTICIPATE IN THE TEXAS ENTERPRISE ZONE PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS . .¡ T I Regular City Council Meeting October 10, 2005 Page 4 GOVERNMENT CODE; PROVIDING TAX INCENTIVES; NOMINATING KIMBERLY-CLARK CORPORATION TO THE OFFICE OF-. THE GOVERNOR ECONOMIC DEVELOPMœNTAND TOURISM THROUGH THE ECONOMIC DEVELOPMœNT BANK FOR DESIGNATION AS A QUALIFIED BUSINESS AND DOUBLE JUMBO ENTERPRISE PROJECT UNDER THE ACT; DESIGNATING A LIAISON FOR OVERSEEING ENTERPRISE PROJECTS AND COMMUNICATING WITH INTERESTED PARTIES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve was made by Council Member Wilson and seconded by Council Member Wilkerson. Motion carried, 6 ayes - 0 nays. B. ORDINANCE NO. 2005-056: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING FOR THE ESTABLISHMENT OF REINVESTMENT ZONE NO. 12 IN SUPPORT OF A TAX ABATEMENT AGREEMENT WITH KIMBERLY-CLARK CORPORATION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. A Motion to approve was made by Council Member Wilkerson and seconded by Council Member Wilson. Motion carried, 6 ayes - 0 nays. 7. A. Consideration of and action on the following resolutions: RESOLUTION NO. 2005-126: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND A UTH 0 RIZIN G A TAX ABATEMENT AGREEMENT WITH KIMB ERL Y- CLARK CORPORATION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Council Member Manning expressed concern for doing a ten year tax abatement in that it would set a precedent that they could not change. He said usually they were for seven years. He inquired as to if there were guidelines, because he wanted it to be fair for all of the industries. Gary Vest said a committee had been formed and they were working on guidelines and criteria for tax abatements. He saip they were working on guidelines that '1 " T I Regular City Council Meeting- October 10, 2005 Page 5 .would include a sliding scale based upon capital investment, or job creation, or payroll. He informed Council they should have something to Council in a month or so. Council Member Ray said until a policy is established, he would be more in favor in doing this abatement for seven years. Council Member Wilson said that the Council has the ability to give five years, seven years or any number of years up to ten years. Council Member Wilson said he did not think this was setting a precedent. Gary Vest told Council if you create a specific Reinvestment Zone for each Tax Agreement, the law is specific in that you have to be consistent with your awards within that Reinvestment Zone. Council Member Ray wanted to know why this Abatement did not include creation of new jobs. Gary Vest said this is a job .retention project. A Motion to approve was made by Council Member Wilson and seconded by Council Member Wilkerson. Motion carried, 6 ayes - 0 nays. B. RESOLUTION NO. 2005-127: A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS, ACCEPTING FOR DEDICATION CERTAIN OFF-SITE EASEMœNTS ASSOCIATED WITH THE DEVELOPMœNT OF SENIOR LIVING FACILITIES BY SIGNATURE SENIOR LIVING, L.L.C; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Council Member Wilson asked to be recused. A motion to recuse Council Member Wilson was made by Council Member Fisher and seconded by Council Member Manning. Motion carried, 5 ayes - 0 nays. Sha,vn Napier informed Council that he had gotten the plans back on this item today. Shawn said the easements on the north side had changed and he made a recommendation that they be able to revise with the plan changes. Subject to the engineer's recommendations, a Motion to approve was made by Council Member Wilkerson and seconded by Council Member Manning. Motion carried, 5 ayes - 0 nays. A Motion to return Council Member Wilson to the meeting was made by Council Member Manning and seconded by Council Member Fisher. Motion carried, 5 ayes - 0 nays. C. RESOLUTION NO. 2005-128: A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CJTY OF PARIS AND PARIS RADIO ., f. ... T I Regular City Council Meeting October 10,2005 Page 6 CONTROL ASSOCIATION TO LEASE 3.673 ACRES OF LAND NEAR LAKE GIBBONS FOR THE PURPOSE OF MODEL AERONAUTICS. ACTIVITIES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AND EFFECTIVE DATE. A Motion to approve was made by Council Member Wilkerson and seconded by Council Member Manning. Motion carried, 6 ayes - 0 nays. 8. . Discuss the effective date for and enforcement of City Ordinances. Tony Williams explained that each of the ordinances that are passed by the City Council should have an effective date, which is usually the date of passage. Tony said one particular ordinance that was brought to his attention was the truck route ordinance. Tony said the staff is moving in that direction as quickly as they can, in order to get approval from the highway department to put up the specific signs. Tony told Council that staff regrets that it has taken this long. Council Member Wilson wanted to know if there had been an ordinance passed with regard to engine brakes on Church Street. Larry Schenk informed Council they had not brought back an Ordinance on that issue, because he was not clear what Council wanted. Larry Schenk asked if Council wanted it broader to include the entire city. Council Member Wilson said that would be fine. Larry Schenk said they would bring an Ordinance to Council on October 24th. Larry Schenk said there are procedural requirements having to do with enforcement of Ordinances. He said by Charter, the captions of the Ordinances have to be published prior to enforcement. Council Member Wilson said he wondered why it hasn't been enforced, because signs have been up. Larry Schenk said in order to enforce the Ordinance, special language was required on the traffic control signs. Larry Schenk said he was not familiar with the signs there were up prior to this time. Council Member Wilson asked Tony if staff could call the local businesses that use trucks to inform them of the Ordinance and tell them that their trucks should not be going through downtown. Tony informed Council that staff would call the businesses. Mayor Fendley thought a letter should be sent to the businesses. Tony said staff could do both. Council Member Wilson told Tony there was still a problem on Neagle Street, in that there were trucks going down the street. Council Member Wilson said that there were signs . ., T I Regular City Council Meeting October 10, 2005 Page 7 .on one end of the street but not on the other end. He asked Tony to make police aware of the truck situation on Neagle.Street so they can issue tickets. Council Member Wilkerson said there are no through truck signs on Hearn Street, but one is posted on First and Hearn. She said they are coming up 4th to Washington and trying to turn to get back around. She said these trucks had dug a hole and skimmed the fire hydrant. Council Member Wilkerson further stated there was a problem with the sign because it does not tell truckers where to go. Council Member Ray said we need to make sure that we do not get the new map sign outside the no through truck sign. . 9. . Discuss the hiring procedures for Civil Service employees pursuant to Chapter 143 of the Local Government code (The Civil Service Act). Tony Williams said the problem of losing police officers, firefighters and key employees to the metroplex is not something that is unique for Paris, Texas. He said this is a global problem. It is hard for small communities to keep well trained, skilled individuals and try to compete with that tax base that is much bigger than the small community. We as the staff, need to recruit smarter by advertising in places that the metroplex isn't concentrating on. There are some things \ve have to do to be more effective. In the last year \ve have been \vorking on being more efficient, by reducing our organization to a smaller size government. This next year we need to concentrate on being more effective, being smarter and being better managers. Tony said that with the civil service process, it is difficult to get applicants from the start to the finish. We have conducted five tests this year in the police department. \Ve have approximately twenty- five applicants sign up for each test; ho\vever, we do not test that many because they do not all show up for the test. From the number that pass the test, we go through all of the procedures as required by state law to qualify applicants who are eligible to be hired. This includes psychological, drug screening and physical assessment. In November, we will be conducting another test. We are going to start advertising more in Southeast Oklahoma and the areas surrounding Paris. Mayor Fendley asked Tony to clarify the number of vacancies in the police department. Tony infonned Council we have five vacancies, in addition to the four on military leave. We have to hold the positions for those who are on military leave. We have three in the academy, who will be utilized upon certification. Council Member Wilson wanted to know the number of patrol officers budgeted for 2004-2005. Tony said we have 41 patrol officers in the community. Council Member Wilson wanted to know why we did not fill those slots at the time the slots came open. Council Member Wilson said there was no exam given from October 28, 2004 and March 2~, 2004, but we had four vacancies at all . " T I Regular City Council Meeting October 10,2005 Page 8 .times. Tony explained that it takes a certain period of time to process to determine ho\v many qualify to be hired out of the exam process. Larry Schenk informed Council that by law, the list is required to be exhausted prior to conducting another exam. Tony said that on an average year we give one civil service exam for the police department, but this past year we have done five. Mayor Fendley inquired as to when the officers on military leave \vill return. Chief Louis said two would be back hopefully by the end of November. The other two will probably be gone for the next year. We have three in the academy that will be coming out the end of October. 10. Discuss and consider possible action regarding the City's current policy for deposits for water service. Tony handed out to Council an information sheet reflecting the seven year history of charge-offs. This represents the amount that exceeded the deposit when customers left the city. In 2005, $103,679.07 was written off, above the $50.00 deposits of customers. Gene Anderson said there was a core group of people who moved to another location and then would get water in a relative's name at the new location. The procedure they now have in place requires photo identification, which helps eliminate this type of problem. Council Member Wilson said the problem he has is with someone that has multiple accounts, has never been delinquent, moves out of their residence and then has to come up with more deposit. He said the $150.00 is fair for the people who are abusing the system. Mayor Fendley said they should address the person that has longevity and if needed, amend the Ordinance. Tony suggested that if the person has never been cut off and has been a customer for ten years, then that person's deposit should not be increased. Council Member Manning inquired to the fairness for those who had already done this. Council Member Wilson said their account could be credited if they asked for it. Council Member Wilson wanted to knO\V how far the records go back on the computer. Gene Anderson said seven or eight years, but they have physical records. Council Member Wilson said he does not want staff to have to dig up old records, but to go with what we have on the computer. A Motion was made by Council Member Wilson to go back as far as the computer records reflect for billing history, up to a maximum of ten years. Council Member Ray seconded the Motion. Motion carried, 6 ayes - 0 nays. Council Member Ray wanted to know if staff was diligently trying to collect the charge offs. Gene Anderson answered in the affirmative and explained the procedures. Council Member Ray wanted to know why we w:eren't filing criminal charges on these >. T I Regular City Council Mee6ng October 10, 2005 Page 9 . people. Gene told Council that they would look into it. 12. 13. 14. 15. 11. Citizens Forum. Stephen Holmes - 530-33rd N.E., Paris, the reason they have had police officers leave is due to benefits being cut last year. Possible future agenda items. N one were referenced. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. None were referenced. Referrals. Caroline Dangerfield - Part of Lot 1, Block 3 of the Pickard Addition, 10207 'l2 Street N.E. - from One-Family Dwelling District No.3 to a One-Family Dwelling District No.3 with specific use permit mobile home. Victor Chavez - Lot 1 and W 15' of Lot 2, Block 1 of the Anita Park Addition, 1705 Margaret Street - from Multiple-Family Dwelling District No.1 to a Neighborhood Service District. There being no further business, the meeting was adjourned. CURTIS FENDLEY, MAYOR JANICE ELLIS, CITY CLERK T . . I