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08 Council Minutes (09/06/01)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 2001 The City Council of the City of Paris met in regular session Thursday, September 6, 2001, 6:00 P. M., Paris Junior College, Applied Technology Building, Room 1016, 2400 Clarksville Street, Paris, Texas. Mayor Michael J. Pfiester called the meeting to order with the following Council Members present: John F. Bell, Joe E. McCarthy, Richard Manning, Kevin Gray, and Benny Plata. Also present were City Manager Michael E. Malone, City Attorney Larry W. Schenk, and City Clerk Mattie Cunningham. Invocation was given by Gene Anderson, Director of Finance for the City of Paris. City Manager Malone presented the minutes of the Planning and Zoning Commission's meeting for September 4, 2001, and is here attached to these minutes as Exhibit A. Mayor Pfiester declared the public hearing open to consider the petition of Jean Townsdin for a change in zoning from a One-Family Dwelling District No. 2 (SF-2) to a Multiple-Family Dwelling District No. 1 (MF01) on Lot 2, City Block 255-A, being number 2551 E. Price Street. Mayor Pfiester called for proponents to appear, and Jean Townsdin, 310 S. E. 26th Street, appeared before the City Council in behalf of her petition. Ms. Townsdin said she sold this property to Mr. Brad Bullard, who was also present. Brad Bullard, Route 2, Box 188, Sumner, Texas, came forward telling the City Council that he recently purchased this lot and that it is his plan to build duplexes on the property. Mayor Pfiester called for opponents to appear, none appeared, and the public hearing was declared closed. ORDINANCE NO. 2001-050 Regular City Council Meeting September 6, 2001 Page 2 AN ORDINANCE 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 MULTIPLE-FAMILY DWELLING DISTRICT NO. 1 (MF-1) ON LOT 2, CITY BLOCK 255-A, ON PROPERTY BELONGING TO JEAN E. TOWNSDIN, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-FAMILY DWELLING DISTRICT NO. 2 (SF-2), DESIGNATING THE BOUNDARIES OF THE MULTIPLE-FAMILY DWELLING DISTRICT NO. 1 (MF-1) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCE OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning, for adoption of the ordinance. The motion carried 6 ayes, 0 nays. City Manager Malone advised that Agenda Item No. 5, public hearing to consider the petition of Jerome Chapman for a change in zoning from a Two- Family Dwelling District (2F) to a Neighborhood Service District (NS) on Lot 1, City Block 227, being located at 1707 Pine Bluff, and Agenda Item No. 5, an ordinance amending Zoning Ordinance No. 1710, changing the zoning from a Two-Family Dwelling District (2F) to a Neighborhood Service District (NS) on Lot 1, City Block 227, were tabled by the Planning and Zoning Commission, and recommended that these two items be tabled. A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to table Agenda Item No. 5 and Agenda Item No. 6, The motion carried 6 ayes, 0 nays. Mayor Pfiester declared the public hearing open to consider the petition of Jeina White for a change in zoning from an Agricultural District (A) to an Regular City Council Meeting September 6, 2001 Page 3 Agricultural District (A) with Specific Use Permit (25) Day Care Center, on Lot 5, City Block 317, located at 4065 Pine Mill Road. Mayor Pfiester called for proponents to appear, and Jeina White, Route 6, Box 4265, Paris, Texas, appeared before the City Council advising that she would like to build a Day Care Center. Ms. White said she was licensed for 34 children. Mayor Pfiester called for opponents to appear, none appeared, and the public hearing was declared closed. ORDINANCE NO. 2001-051 AN ORDINANCE 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 AGRICULTURAL DISTRICT (A) WITH SPECIFIC USE PERMIT (25) DAY CARE CENTER ON LOT 5, CITY BLOCK 317, ON PROPERTY BELONGING TO JEINA WHITE SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE AGRICULTURAL DISTRICT (A) WITH SPECIFIC USE PERMIT (25) DAY CARE CENTER SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning, for adoption of the ordinance. The motion carried 6 ayes, 0 nays. Mayor Pfiester declared the public hearing open on the petition to close the fifteen (15) foot alley in Block I of the Warren Addition between Bonham Street (U. S. Highway 82) and Maple Avenue beginning at 17th Street N. W., Regular City Council Meeting September 6, 2001 Page 4 east to the west boundary line of City Block 200. Ken Kammer, 6625 Pecan Place, came forward speaking in favor of closing the alley. No one else appeared, and the public hearing was declared closed. ORDINANCE NO. 2001-052 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ABANDONING THE CITY' S INTEREST IN THE FIFTEEN (15) FOOT ALLEY BEGINNING AT 17TM STREET N. W. WEST TO THE EAST BOUNDARY LINE OF CITY BLOCK 200 BETWEEN BONHAM STREET AND MAPLE AVENUE; DECLARING NO NECESSITY OR NEED OF SAID ALLEY FOR CITY USE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Bell, seconded by Councilman Plata, for adoption of the ordinance. The motion carried 6 ayes, 0 nays. Resolution No. 2001-136, authorizing and directing the Mayor of the City of Paris to execute on behalf of the City of Paris, deeds of abandonment conveying to the adjacent owners on either side of said fifteen (15) foot alley, in accordance with the laws of the State of Texas, the City's interest in the abandoned alley located between Bonham Street (U. S. Highway 82) and Maple Avenue, was presented. A motion was made by Councilman Plata, seconded by Mayor Pro Tem Manning, for approval of the resolution. The motion carried 6 ayes, 0 nays. Mayor Pfiester called for consideration of and action on the Final Plat of Oak Creek, Phase IX. A motion was made by Councilman Bell, seconded by Councilman Plata, for approval of the Final Plat of Oak Creek, Phase IX, Regular City Council Meeting September 6, 2001 Page 5 subject to the requirements of the City Engineer. The motion carried 6 ayes, 0 nays. Mayor Pfiester called for consideration of and action on the Preliminary Plat of Stoneridge No. 2. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Plata, for approval of the Preliminary Plat of Stoneridge No. 2, subject to the requirements of the City Engineer. The motion carried 6 ayes, 0 nays. Mayor Pfiester called for consideration of and action on the Replat of Lots 5, 6, and 7, City Block 189, located on Bonham Street. A motion was made by Mayor Pro Tem Manning, seconded by Councilman McCarthy, for approval of the Replat of Lots 5, 6, and 7, City Block 189, subject to the requirements of the City Engineer. The motion carried 6 ayes, 0 nays. Mayor Pfiester called for consideration of and action on the Replat of Lots 6, and 6B, City Block 264, located on 17th Street N. E. A motion was made by Councilman Bell, seconded by Councilman McCarthy, for approval of the Replat of Lots 6 and 6B, City Block 264, subject to the requirements of the City Engineer. The motion carried 6 ayes, 0 nays. Mayor Pfiester announced that the next item on the agenda is presentation of the proposed redistricting plan prepared by attorney Bob Bass, the consultant hired by the City to assist in redistricting. Mr. Bass came forward stating that the Citizens Committee and the City Council had struggled to develop a plan that would satisfy the Voting Rights Acts as well as constitutional requirements. Mr. Bass gave the City Council a handout of the results of those meetings. Mr. Bass said that under the constitution, each election district in a single member district city should be within a small deviation relatively equal in number of population. Mr. Bass advised that the largest district, District 7, has a population 30% larger than the ideal district should be. The smallest district, District 1, has a population that Regular City Council Meeting September 6, 2001 Page 6 is 23% smaller than the ideal district should be. He said this is a total deviation of about 53%, and anything in excess of 10% is considered to be unconstitutional. Therefore the boundaries now in place are not constitutional under the one person - one vote standard. Mr. Bass told the City Council that the plan that they have devised achieves an acceptable population balance. He said he would like to see deviations in population below 5%, but because of the distribution of minority populating in the City of Paris they were only able to achieve numerical balance at 8.27%. Mr. Bass said that this a legal level of population deviation as it is below the 10%. He felt that it would be an acceptable level for submission to the Department of Justice. More important criteria for preclearance is the ethnic identity of the population. Under the existing law the city identifies any districts in which any minority population has a significant presence. Mr. Bass said there are two districts in Paris with high levels of minority population. District 1 has a black population of 58.1%, Hispanic population of 4%, and the other population is slightly better than 2%. District 2 has a black population of 47.01%, a Hispanic population of 6.77%; and other minority population of a little more than 2%. Mr. Bass said after struggling with the population distribution within the city, they found that it is very difficult, but not impossible to hold both districts at the benchmarks that were established under the existing plan. Mr. Bass advised that with the help of the Committee, he achieved a plan that is about 60% compliant in District 1, and about 57% compliant in District 2. Mr. Bass felt this plan meets the required legal obligations imposed on the city and felt it would be preclearable. Councilman Carter entered the council chamber and assumed his seat at the council table at 6:25 P. M. Mr. Bass said since they last met, he has been asked to look at a possible plan modification on the request of Paris Junior College because the college uses Regular City Council Meeting September 6, 2001 Page 7 virtually the same districts as the City of Paris. He noted that the request arose because two incumbents were paired into one district. Mr. Bass showed on the map that it is possible to hold the line in District 1 and District 2; adjust the boundaries in District 4 and District 6; and bring one of the Paris Junior College board members into District 4. Mr. Bass said under this plan, the deviation goes up from 8.27% to 8.89% and it will not affect the minority population. Mr. Bass said if he studied the plan more he felt he could get the deviation a little lower. Mr. Bass reported that a member of the Citizens Committee had suggested an outside the loop district and five districts inside the loop. This might allow the Paris Independent School District and the Paris Junior College District to use the same plan because they have similar populations. He has not looked at this idea because he usually takes his direction from the larger group not from one individual in the group. He said he had looked at the population that is outside the Loop, and it is in the ballpark of about 3600 to 3700 people, so it would be possible to do it, but he suspected that it would alter the configuration of the districts inside the Loop. Mr. Bass said he wanted the City Council to be aware that those suggestions have been made. City Attorney Schenk asked Mr. Bass if he thought the Paris Junior College's amended plan would be preclearable. Mr. Bass said he felt that it would preclear because it does not affect the two minority districts. Mr. Bass advised that it might be possible to lower the deviation back down to something very close to 8.27% that we have under the proposed plan. Mr. Bass said he would like to have the possibility of some leeway to see if it is possible to slightly improve the percentage. He did not want to put off the adoption of the plan, because of the need to start the preclearance process. He said if the City Council felt comfortable with allowing him to slightly modify these two districts, and not anything else, he would request that the Council pass the resolution and allow him to adjust the plan. He said he could do that and have the city a final map and data set back by Monday. Regular City Council Meeting September 6, 2001 Page 8 Bobby Walters, President of Paris Junior College, came forward and discussed the plan with the City Council. Mayor Pfiester declared the public hearing open regarding the proposed redistricting plan for the City of Paris. Bobby Walters, President of Paris Junior College, came forward speaking in behalf of changing the district boundaries. Mr. Walters said it would make it easier for people to get to the polls and to know where they vote. He stated that it was the intention of the Board of Regents to look at this and make sure they are as close to the city's boundaries as they can be, so that all citizens will have an opportunity to know where they vote each and every time. No one else appeared, and the public hearing was declared closed. A motion was made by Councilman Bell to authorize Special Consultant, Bob Bass, to make discrete changes within constitutional guidelines to the proposed city redistricting map designated as Plan Number One; to accommodate revisions proposed by Paris Junior College; and upon completing those changes, that the modified Plan Number One be incorporated as the official redistricting map of the city as adopted by city ordinance. The motion was seconded by Councilman Plata, and carried 6 ayes, 1 nays, Councilman Gray voting nay. ORDINANCE NO. 2001-053 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ADOPTING A REDISTRICTING PLAN FOR CITY COUNCIL DISTRICTS IN THE CITY OF PARIS, PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Regular City Council Meeting September 6, 2001 Page 9 McCarthy, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Mayor Pfiester declared the public hearing open on the City Manager's proposed budget for fiscal year 2001-2002 for the City of Paris, and asked if there was anyone in the audience who would like to speak regarding the proposed budget. Mayor Pfiester said there is a misunderstanding regarding the Gateway Sign. He said there was a line item in the proposed budget that showed $30,000 for repair of the Gateway sign and that it was deleted. At the time the line item was deleted, the intention was to use the $15,000.00 that the City had received to repair the sign in addition to another $15,000.00, if received from the City's insurance coverage, for the total needed of $30,000.00. The City Attorney had in fact received a check for $15,030.00 yesterday from the insurance company for the damage to the Gateway Sign. Gene Anderson, Director of Finance, advised that the City Council could determine the upper expenditure for the repair of the sign. He could create a payable, through a journal entry, in this year's budget, and pay the expense from this year' s budget. City Attorney Schenk said this can be brought forward at the meeting for the public hearing scheduled for September 17,2001, and set it at the amount of the recovery that we have. It was the consensus of the City Council to pay the expense for the Gateway Sign from the 2000-2001 budget instead of the 2001-2002 budget. Paul Swasko was present and discussed the matter of the Gateway Sign with the City Council. Mr. Swasko said he was here on behalf of Keep Paris Beautiful and it seems that the City Council has taken care of the problem. Their concern was that the Gateway Sign was not in the proposed budget. No one else appeared, and the public hearing was declared closed. Regular City Council Meeting September 6, 2001 Page 10 City Attorney Schenk announced that there is a public hearing scheduled for September 17, 2001, at 6:00 P. M. on the amendments to the City Manager's proposed budget, at Paris Junior College, Applied Technology Building, Room 1016, 2400 Clarksville Street. He also advised that at that time a resolution will be brought back to the City Council that implements what the City Council agreed to do tonight. No action was needed on Agenda Item No. 21, consider and discuss deleting or adding additional City Council Work Sessions regarding the Budget and Tax Rate. No action was needed on Agenda Item No. 22, record vote on proposal to consider tax increase for calendar year 2001 for the City of Paris. No action was needed on Agenda Item No. 23A, a resolution setting the time and date for a public hearing on the proposed additional amendments to the City of Paris proposed budget for fiscal year 2001-2002. No action was needed on Agenda Item No. 23B, a resolution setting a public hearing on the proposed tax increase required to fund and balance the proposed budget for fiscal year 2001-2002. Mayor Pfiester declared the public hearing open on the proposed Comprehensive Zoning and Land Use Plan, and asked for those in the audience who wished to speak to come forward. Steve Methven, Chief Building Official, came forward telling the City Council that he talked with the consultant the day after the City Council meeting and went over the new plan and they took Mr. Murphy's items and made the appropriate changes. He said that the changes they did not change, the consultant gave an explanation as to why they were not changed. Mr. Methven said the map that is being displayed has all of Mr. Murphy's corrections. Mr. Methven said Mr. Murphy has also looked at the map and he is pleased with Regular City Council Meeting September 6, 2001 Page 11 the map. Mr. Methven felt that this is a good plan and would like to see the City Council adopt it. No one else appeared, and the public hearing was declared the public hearing closed. ORDINANCE NO. 2001-054 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND ADOPTING A COMPREHENSIVE ZONING AND LAND USE PLAN FOR THE CITY OF PARIS; APPEALING ALL PRIOR COMPREHENSIVE PLANS IN CONFLICT THEREWITH; PROVIDING A SEVERABILITY CLAUSE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. City Attorney Schenk presented the following petition for rezoning: Watson Malcom, Lot 24, Block 4, Mayer Addition, from a One-Family Dwelling District No. 2 to a One-Family Dwelling District No. 2 with Specific Use Permit (25) Day Care. Mayor Pfiester referred the petition to the Planning and Zoning Commission for their study and recommendation at their meeting scheduled for October 1, 2001, and before the City Council October 4, 2001. There being no further business, the meeting was adjourned. MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM CITY CLERK Regular City Council Meeting September 6, 2001 Page 12