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02 Council Minutes (08/13/01)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, August 13, 2001 The City Council of the City of Paris met in regular session Monday, August 13, 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, John A. Carter, Jr., 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 Robby Russell with the Fellowship Christian Church. City Manager Malone presented the minutes of the Planning and Zoning Commission meeting held August 6, 2001, and attached hereto as Exhibit A. Mayor Pfiester declared the public hearing open to consider the petition of Kenny Kammer for a change in zoning from a Two-Family Dwelling District (2F) to a General Retail District (GR) on Lots 4, 5, 6, 18, 19, 20, and part of Lots 3 and Lot 17, Block I, Warren Addition. Mayor Pfiester called for proponents to appear, and Mr. Kammer, 6625 Pecan Place, appeared in behalf of his petition advising that he wanted to purchase the property for future investment. Mr. Kammer said there is a house that he would remove. His future plan is to build an Assisted Living Home with thirty- nine rooms which will be similar to the Sterling House. Mayor Pfiester called for opponents to appear, none appeared, and the public hearing was declared closed. ORDINANCE NO. 2001-046 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 City Council Meeting August 13, 2001 Page 2 A GENERAL RETAIL DISTRICT (GR) ON LOTS 4, 5, 6, 18, 19, 20, AND PART OF LOTS 3 AND 7, CITY BLOCK I WARREN ADDITION, REQUESTED BY KENNY KAMMER, AGENT FOR PHILLIP O. NANCE, OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO-FAMILY DWELLING DISTRICT (2F); 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 PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman McCarthy, seconded by Councilman Bell, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Mayor Pfiester called for consideration of and action on the preliminary Plat of Oak Creek, Phase 10. A motion was made by Councilman Bell, seconded by Councilman Carter, for approval of the Preliminary Plat of Oak Creek, Phase 10, subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. Mayor Pfiester announced that the next item on the agenda was to receive a presentation from Bucher, Willis & Ratliff, Inc., consultants on the proposed Comprehensive Zoning and Land Use Plan. City Manager Malone asked that this item be tabled at this time as the consultant had not arrived. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Plata, to table this item. The motion carried 7 ayes, 0 nays. Mayor Pfiester called for input from the general public regarding the proposed Comprehensive Zoning and Land Use Plan, and asked those who wished to City Council Meeting August 13, 2001 Page 3 speak to come forward. Pat Murphy, Route 2, Paris, Texas, came forward, advising that he is a Real Estate Appraiser with offices located at 712 19th S. E. Mr. Murphy told the City Council that he appeared before the Planning and Zoning Commission at their meeting in July and has several concerns about the Comprehensive Zoning and Land Use Plan. He said in reviewing the plan, he found twenty items which fall into two categories; obvious mistakes such as zoning the Fish Fry as Institutional, as well as zoning all the land between Highway 195 and Center Street on the outside of the Loop as Institutional on the map, which could be corrected. Mr. Murphy said the other items are more problematic as to what we really think the trends of uses are. He cited the example of lots along 20th N.E. being designated on the map as residential while the trend has been towards multi-family, office, and light retail. He pointed out that the same thing has occurred with Pine Bluff and 17th out to 20th N.E., which has gone commercial. Also, he noted development along 19thN.W., which is designated as moderate density residential, when in fact it has been going commercial. He felt the future of 19th N.W. is going to be commerciaL Mr. Murphy cited another example around North Collegiate and East Price between Cherry Street and Lamar, east of 25th Street, which is Wade Park over to Aikin School. He said this area is in transition at this time with duplexes and multi-family housing in this area. He pointed out that the city is allowing commercial and retail to go in this area, and it is probably the future of this area, but it is marked as moderate density residentiaL Mr. Murphy explained that the reason that he was present is because the plan should be as realistic as we can see it. Secondly, Mr. Murphy said that he hoped that the city puts in the record that this plan is not going to be the law of the land, but it should be a goal that this is the best concept that we have in 2001. A motion was made by Mayor Pro Tem Manning to refer Mr. Murphy's concerns to the city's consultant. The motion was seconded by Councilman McCarthy and carried 7 ayes, 0 nays. City Council Meeting August 13, 2001 Page 4 A motion was made by Mayor Pro Tem Manning, seconded by Councilman Plata, to table Agenda Item No. 2-D, consider possible action on an ordinance adopting the Comprehensive Zoning and Land Use Plan. The motion carried 7 ayes, 0 nays. A motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning, to table action on approval of minutes from previous meetings. The motion carried 7 ayes, 0 nays. City Manager Malone presented the minutes from the Paris Public Library Advisory Board, Paris/Lamar County Board of Health, and Airport Advisory Board with no action being required. City Manager Malone advised that the minutes from the Paris Economic Development Corporation were not in the packet and requested that they be tabled. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Carter, to table action on the minutes of the Paris Economic Development Corporation. The motion carried 7 ayes, 0 nays. Rondie Williams, 725 Sth Street N.W., appeared before the City Council requesting that Record Park be renamed after Leon Williams, who has served faithfully on the Paris Independent School District Board, Boy's Club of Paris Board, and Paris Economic Development Corporation Board as well as on the boards of other organizations. Mr. Williams advised that he was making this request on behalf of the United Action Committee, and thanked the City Council for their consideration in this matter. It was the consensus of the City Council that Mr. Williams get up a petition in support of this request and bring it back to he Council. Steve Dockery, 4140 Brandyn Place, representing the Aquatic Complex of Paris Group, appeared before the City Council requesting funding to create a concept drawing for an indoor natatorium at the future Paris Sports Complex. City Council Meeting August 13, 2001 Page 5 Mr. Dockery said their goal is to build an indoor Aquatic Center within the confines of the new Sports Complex behind the Civic Center. Mr. Dockery said there is a$750,000.00 matching indoor facility grant available through the Texas Department of Parks and Wildlife and his group is now in the process of raising private funds in order to help the project. He said they were currently meeting with various pool architects to develop a concept of this facility and their goal is that the City of Paris will contribute funds to help them acquire these needed concept drawings. Mr. Dockery advised that it will cost $7,000.00 for them to acquire these drawings and stressed the need for the drawings to help with their fund raising efforts. Mr. Dockery estimated the cost for the pool to be one and one-half million dollars, which would depend on the size of the pooL Mr. Dockery advised that the City of Greenville is in the process of building an Aquatic Complex similar to the one they are proposing and their Economic Development Corporation is working with them on their pool. Mayor Pfiester requested that the people in the audience who were present in support of the Aquatic Complex to stand. Lisa McAlister, Manager of the City of Paris Aquatic Center, came forward speaking in favor of the Aquatic Complex. Ms. McAlister pointed out that the kids from the Boy's Club and PAL use the city's pool. She told the City Council that schools in Lamar County would use this facility as it could be used for competitive swimming along with recreational use. City Manager Malone explained that the city has engaged the services of Mark Spencer to come up with a plan for the Sports Complex, and that a natatorium would be included in the planning for the second phase. He said the city has had meetings with Mr. Spencer and felt that it is appropriate to work with him and the city staff to select the person to do the drawings. City Manager Malone said he did not think that there should be several consultants fighting on this proj ect. City Council Meeting August 13, 2001 Page 6 Terry Townsend, Director of Public Works for the City of Paris, came forward telling the City Council that the city could go with that approach and he would talk with Mr. Spencer. Mr. Townsend felt the one and one-half million dollars estimated by the Aquatic Complex of Paris group would not be adequate for this type of pool. City Manager Malone stated that he hoped that each of the school systems that plan to have a swimming program would help with the financing of this complex. He pointed out that the Civic Center was built without debt and is unable to pay its own way, being subsidized through the hotel-motel tax. City Manager Malone suggested that this matter be placed in the hands of Mr. Townsend and allow him to talk with the present consultant and determine who would be best to do the drawings. City Manager Malone also advised that the funds for the illustrations would come out of the Certificate of Obligations. After discussion, a motion was made by Councilman Plata to provide the funding that is needed to create a concept drawing for an indoor natatorium. The motion was seconded by Councilman Carter and carried 7 ayes, 0 nays. Mayor Pfiester called for a motion to bring Agenda Item No. 2-13, receive presentation from Bucher, Willis & Ratliff, Inc., consultant, for the proposed Comprehensive Zoning and Land Use Plan, from the table. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Bell to bring the above item from the table. The motion carried 7 ayes, 0 nays. Scott Mickey with the firm of Bucher, Willis & Ratliff, came forward and said he had received Mr. Murphy's concerns. He stated that the map is a policy statement in picture form. It articulates the way City Council wants to encourage future private sector development. It is an effective way to announce to the public what the council will support in future zoning. The thoroughfare plan map, that goes with the land use map, will assist in planning for future streets and maj or roads as plats for development are submitted for council approval. As an example, Mr. Mickey pointed out the new fire station on Pine City Council Meeting August 13, 2001 Page 7 Mill Road and the map shows future streets coming off Pine Mill and going north and south. When future development plats are received this thoroughfare plan map can be referred to. This is the process of taking a picture, looking for opportunity, and putting in place the policies as to how you can effectively work the private sector as growth occurs. Mr. Mickey said Mr. Murphy's concerns are recommendations for fine tuning certain land uses. Mr. Mickey said that some of these concerns can be incorporated in the map and he will explain why some can be and some cannot be revised. He further indicated that city council needs to have a plan that they want to announce to the public as future development. Mr. Mickey pointed out that the concerns are not a maj or rethinking of the entire area. It is a fine tuning in specific areas and this is an important step. The plan is a result of public discussion, public meetings and a lot of thought. But the final result is not etched in stone and the city council can update it. It was the consensus of the City Council that Mr. Mickey should make the needed update to the Comprehensive Zoning and Land Use Plan. City Attorney Schenk announced that the next item on the agenda was an ordinance to implement a settlement on a proposed gas distribution rate increase by TXU. He said the City Council previously considered an ordinance or resolution suspending the implementation of that rate increase until such a time as a group of cities (Paris included) could review it with the consultant and approach the Railroad Commission regarding the settlement on this matter. City Attorney Schenk advised that a settlement has been reached that significantly decreased the rate proposal by a little less than one-half. He said more importantly, the impact on the residential and commercial customers is more than that. On an average the proposed rate increase would have increased the residential rate by $1. 81 a month. The net increase as proposed under this settlement will be only $0.41 a month. City Attorney Schenk said the commercial rate increase would have been $11.56 and the net impact was $0.05 per month. City Council Meeting August 13, 2001 Page 8 ORDINANCE NO. 2001-047 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, FINDING, AFTER REASONABLE NOTICE AND HEARING, THAT TXU GAS DISTRIBUTION' S RATES AND CHARGES WITHIN THE CITY SHOULD BE CHANGED; DETERMINING JUST AND REASONABLE RATES; ADOPTING GENERAL SERVICE RATES, INCLUDING RATE ADJUSTMENT PROVISIONS AND MISCELLANEOUS SERVICE CHARGES TO BE CHARGED FOR SALES AND TRANSPORTATION OF NATURAL GAS TO RESIDENTIAL, COMMERCIAL AND INDUSTRIAL CUSTOMERS; PROVIDING FOR RECOVERY OF RATE CASE EXPENSES; PRESERVING REGULATORY RIGHTS OF THE CITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR 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 7 ayes, 0 nays. ORDINANCE NO. 2001-048 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ORDINANCE NUMBER 1710, THE ZONING ORDINANCE OF THE CITY OF PARIS, TO ADD A NEW SECTION 28 THERETO ENTITLED "REGULATION OF WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES"; PROVIDING DEFINITIONS; PROVIDING FOR PERMITTED LOCATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE, WAS PRESENTED. City Attorney Schenk reminded the City Council that at the July 9, 2001, City Council Meeting August 13, 2001 Page 9 regular City Council meeting he presented a detailed agenda information sheet setting out various issues for them to consider and resolve related to the regulation of wireless telecommunications towers and facilities. He said he has prepared this ordinance based on those changes. The City Attorney said this ordinance applies to elevated towers only. The purposes that are in the ordinance are those that Council approved. He said governmental entities are exempted from coverage of the ordinance. The ordinance would permit towers as a matter of right in the area of heavy industrial, light industrial and commercial, and agricultural zoning and prohibit them in all other zoning. The ordinance limits the tower height to 260 feet and exempts those under 70 feet and has a setback requirement of 100% of the tower height and a separation distance of 260 feet. It would also allow lighting only if state or federal law required the lighting, and signage is permissible on towers if signage was necessary to identify the tower. All commercial signage would be prohibited. City Attorney Schenk said the towers should be fenced, and the City Council has determined that the ordinance should require co-location of towers where appropriate or possible. City Attorney Schenk advised that Bobby Walters, the President of Paris Junior College, was present. PJC is considering erecting a tower and Mr. Walters wants to explain the proposed tower to Council. City Attorney Schenk reminded Council that PJC would be exempt from the proposed ordinance. Bobby Walters told City Council that the tower at Paris Junior College would be 3 80 feet. This is larger than the towers permitted in the proposed ordinance. He distributed an executive sheet to the members of Council and referred to page two. An outside agency from Colorado, at the recommendation of Senator Bill Ratliff, had studied the educational needs of this part of the state. The completed study showed several critical issues. One had to do with the study of electrical and mechanical work. Courses along this line are currently offered by Paris Junior College. They were started with the help of the Paris Economic Develop Corporation and the program continues. The program needs more;students. It is hoped that the courses will keep people in Paris and City Council Meeting August 13, 2001 Page 10 in Lamar County. Another aspect shown by the study was the need for video conferencing. Mr. Walters explained the interacting video with other colleges such as Greenville, Sulphur Springs, A&M Commerce, Stephen F. Austin University and Sam Houston State University. The tower will allow information from these universities to be brought into this community for the use of schools in East Texas. Since the overall organization includes A&M Commerce and Northeast Texas in Tyler persons in Paris would have access to their information also. Paris Junior College would be able to bring information into our community and provide additional education for people in our community so they do not have to travel as far to get their degree. Paris has been asked to be the hub for this part of the state for broadcasting and therefore the tower needs to be 380 feet tall. A motion was made by Councilman Bell, seconded by Councilman McCarthy, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Resolution No. 2001-119, resolving that the 2001-2002 Appraisal Roll, as certified by the Finance Director of the City of Paris, in his role as Tax Assessor/Collector for the City of Paris, and as previously certified to the City of Paris by th Chief Appraiser of the Lamar County Appraisal District, be, and the same is hereby acknowledged and received as the official 2001-2002 Certified Appraisal Roll for the City of Paris, Paris, Texas, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Carter, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-120, approving the form of the Contract for Public Health Services, TDH Document No. 7560022067-200203, and authorizing the City Manager to execute on behalf of the City of Paris, which is the authorized contracting entity for the performing agency, the Paris-Lamar County Health Department, the contract for Public Health Services, was presented. A motion was made by Councilman Plata, seconded by Councilman Carter, for approval of the resolution. The motion carried 7 ayes, 0 nays. City Council Meeting August 13, 2001 Page 11 Resolution No. 2001-121, approving the form of the Contract Change Notice No. Ol to the Contract for Public Health Services, TDH Document No. 7560022067-2002, and authorizing and directing the City Manager to execute on behalf of the City of Paris the said Contract Change Notice No. Ol, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-122, approving the Owner Occupied Rehabilitation Program Design, TCDP No. 721048, and authorizing and directing the City Manager to execute on behalf of the City of Paris, the Owner Occupied Rehabilitation Program Design TCDP No. 721048, was presented. A motion was made by Councilman Bell, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-123, accepting the bid of George Spencer Construction for Option "A" 10-Unit Nested T- Hangar (42' x 12' Openings), including Concrete Foundation, for the "Cox Field Airport Nested T- Hangar Construction Proj ect" in the amount of $156,766.00 , and the form of the agreement with George Spencer Construction is hereby approved, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Bell, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-124, approving and authorizing the execution of the title and all other documents incident to the transfer of title to a 1972 International Jet Fuel Truck to J. B. Richey, the Fixed Base Operator at Cox Field Airport, was presented. City Attorney Schenk advised the City Council that the Agenda Information Sheet goes into the background of how and why the city was holding this title. He said originally it was a performance bond under the Fix Based Operator's contract. City Attorney Schenk said there is an issue regarding security which City Council Meeting August 13, 2001 Page 12 requires City Council action or implementation. The City Attorney indicated that this matter is regarding money owed on an invoice for a fuel spill, and has not been paid at this time. Mr. Jerry Richey came forward telling the City Council that it is their intention to pay the bill for the fuel spill, but there is the matter of installing a window on the north side of the Airport Terminal Building. Mr. Richey said they wanted to get the title in order to sell the old truck, and there is no where in the current contract stipulating the holding of the title to this truck. City Manager Malone advised that the matter of the window should be placed on an agenda for action. After discussion, a motion was made by Councilman Bell for approval of the resolution contingent upon the bill being paid for the fuel spill. The motion was seconded by Councilman Carter and carried 7 ayes, 0 nays. Resolution No. 2001-125, authorizing and directing the Mayor to execute on behalf of the City of Paris the tax resale deed and any and all documents necessary to convey the property described as Lot 9, Block 2, Gibbons Park Addition, being number 634 E. Washington Street to Cleo and Joyce Hayden, was presented. A motion was made by Councilman Bell, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-126, authorizing and directing the Mayor to execute on behalf of the City of Paris the tax resale deed and any and all documents necessary to convey the property described as Lot 5-A, Block l, N. 7th Park Addition, located in the 1400 Block off of 7th Street NW to Darin Duane Lane, was presented. A motion was made by Councilman Bell, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. City Council Meeting August 13, 2001 Page 13 Resolution No. 2001-127, referring a petition to the Planning and Zoning Commission requesting the abandonment of a fifteen (15) foot alley in Block 1 of the Warren Addition between Bonham Street (U.S. Hwy 82) and Maple Avenue beginning at 17th Street N. W. west to the east boundary line of City Block 200; setting a public hearing; making other findings and provisions related to the subj ect; and providing an effective date, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Carter, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-128, appointing Cleveland L. Thomas to serve the unexpired term of Vincent Battle, which ends June 30, 2003, as a member of the Planning and Zoning Commission of the City of Paris, was presented. A motion was made by Councilman Plata, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-129, approving the form of the Agreement for Professional Services with Hayter Engineering, for professional engineering/design services related to the Downtown StreetScape Project, "Statewide Transportation Program" Grant No. CSJ-0901-29-017, was presented. A motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning, for approval of the resolution. The motion carried 7 ayes, 0 nays. Mayor Pfiester announced that the next item on the agenda was a resolution approving and authorizing the execution of a Lease Agreement with the Red River Valley Fair Association of the ball park facilities known as Reece Field. City Manager Malone explained that Reece Field is being utilized for the Teen League and the Fair Association is utilizing it for parking. He explained that for the last couple of years, the Parks and Recreation Department has had to expend considerable funds to redo the infield because of damage done by parking. He said it should not be used for parking, because it is a baseball field. City Council Meeting August 13, 2001 Page 14 Terry Townsend, Director of Public Works, came forward telling the City Council that for the last two years they have had to go in and redo the mound and repair the ruts in the infield. Mr. Townsend said they have other cities playing on that field and the Boys Club has the field leased for several months of each year for the kids to play on. Mr. Townsend advised that the cost of maintenance and repair of the field is between $2,500.00 to $3,000.00. It was Mr. Townsend's recommendation to keep vehicles off the infield. After discussion, a motion was made by Councilman Bell, seconded by Councilman Plata, to table action on the resolution until an agreement can be reached with the Red River Valley Fair Association. The motion carried 7 ayes, 0 nays. Resolution No. 2001-130, setting a public hearing on the expanded scope of the Pro Rata Sanitary Sewer Extension for the Cope Addition along Meadowlark Street, Mockingbird Street, Cope Street, and Pine Mill Road, was presented. City Attorney Schenk said this was a project previously approved in July of 1999. Since then, it has been engineered and additional engineering done and the estimated cost has changed. The City Attorney advised that the City Council will need to call another public hearing and send out notices to all the affected individuals who would be assessed a portion of the pro rata portion of the cost of construction. Reeves Hayter with Hayter Engineering came forward and discussed this project with the City CounciL Mr. Hayter told the City Council that easements downstream were still needed. Mr. Hayter advised that this project will do away with the Sunrise Lift Station. He said the cost estimate has changed. It was originally $325,000.00 and now it is at $472,000.00 plus the engineering cost. A motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning, for approval of the resolution. The motion carried 7 ayes, 0 nays. City Council Meeting August 13, 2001 Page 15 Mayor Pfiester called for consideration and possible action on direction to city staff regarding the preparation of a new lease agreement between the City of Paris and the Archers for Christ for use of properties located at Lake Crook. City Attorney Schenk explained that the reason this item was placed on the agenda was because the City Council adopted option two from the report from the consultant as to the plan the city is to implement for future use of Lake Crook. The Archers for Christ contract was renewed last year for a single year and the city told the Archers for Christ that there was a Comprehensive Plan under preparation for Lake Crook, and until the Comprehensive Plan was approved by the City Council, things were on hold. City Attorney Schenk said what is needed now is guidance on what a new lease with the Archers for Christ should consist of, what property should be included and what time limits. City Attorney Schenk advised the City Council that they had been furnished a letter from Terry Townsend on issues that he identified. He also advised that there is a proposal from the Archers for Christ in regard to the property that they would like to have and length of time of the lease. After discussion, Mayor Pfiester appointed a committee consisting of Richard Manning, Chairman, Councilman Bell and Mayor Pfiester to study this issue and bring back a recommendation to the City Council. Mayor Pfiester called for appointing an auditor to conduct the Independent Annual Audit as required by Section 35 of the Charter of the City of Paris for the fiscal year ending September 30, 2001. Gene Anderson, Director of Finance, came forward telling the City Council that four firms had been sent proposals to conduct the Annual Audit for the City, but only one proposal was received, that being from McClanahan & Holmes, PLLC. Mr Anderson said that this firm continues to be the only firm sufficiently staffed to perform this audit, and it was his recommendation that their proposal be accepted. City Council Meeting August 13, 2001 Page 16 After discussion, a motion was made by Councilman Carter, seconded by Councilman Bell to accept the recommendation of Mr. Anderson. The motion carried 7 ayes, 0 nays. City Attorney Schenk presented the following petition for rezoning: Jeina White, Lot 5, City Block 317 from Agricultural District to Agricultural with Specific Use Permit 25 Daycare Center; Jerome Chapman, Lot l, City Block 227 from Two Family Dwelling District (2F) to Neighborhood Service District; Jean E. (Brazile) Townsden from a One-Family Dwelling District No. 2 to a Multiple-Family Dwelling District No. 1. Mayor Pfiester referred the petitions to the Planning and Zoning Commission for their study and recommendation at their meeting scheduled for September 4, 2001, and before the City Council September 6, 2001. City Attorney Schenk presented the City Council a brief on the Homestead Program and encouraged the City Council to review it. He said he was bringing this to their attention because this issue will be coming back to the Council with an ordinance to implement the program. City Attorney Schenk said this program is a result of a lot of hard work from people and is part of the clean-up program. The City Attorney said the Homestead Program would involve properties that have cleared the tax process and have not been purchased through the redemption process, nor purchased at auction. City Attorney Schenk said all of the taxing entities would participate in that program and the properties would be generally located inside the city, would be located on rights-of-ways and would already have utilities available in front. These properties would be placed into a special category for this particular program. As part of that program, the people who meet the criteria would come in and the taxing entities would create a contract of sale for that property. He said the person would agree to build a home on that property within a stated period of time in return for which the taxing entities would provide a special warranty deed of title to that property. City Attorney Schenk pointed out advantages to the taxpayers, saying that, if the program worked, the city would see infill City Council Meeting August 13, 2001 Page 17 housing on properties that have been selling for a penny or a dime per hundred dollars worth of tax value and now a new home would be placed on the property, increasing the tax value of the property. He also pointed out that it would be a considerable amount of savings to the city because we are presently mowing and maintaining the property. City Attorney Schenk felt this program will work. It will have to go before the other taxing entities for their approval. City Attorney Schenk announced the next item on the agenda was consideration of and possible action on providing directions to city staff regarding the following matters related to Cox Field Airport: Private Hangar Lease Policy; Airport Advisory Board; and T-Hangar Fees. City Attorney Schenk said that what he needed from the City Council is their direction in regard to what they wanted to do on the above matters in order to bring back to the City Council a policy for formal approval such as an ordinance, if necessary, revising or changing the composition of the Airport Advisory Board and the fees for the T-hangars. City Attorney Schenk said he had given the City Council an eight page information sheet that summarizes all of the issues that have been looked at by his office and by the Airport Advisory Board. Exhibit One of the summary sheet summarizes the current long-term leases on the Airport. Exhibit Two is the current policy for private hangars. Exhibit Three contains the survey results on the various airports. City Attorney Schenk said what is needed at this point, is to go through those various items and ask the City Council to give direction to the long-term policy. After discussion of the number of inembers that should be on the Airport Advisory Board, a motion was made by Councilman McCarthy, seconded by Councilman Plata to extend the members to nine. The motion carried 6 ayes, 1 nay, Mayor Pro Tem Manning voting no. After discussion of the term of lease agreements of private hangar at Cox Field, City Council Meeting August 13, 2001 Page 18 a motion was made by Councilman Bell to accept the recommendation of the Airport Advisory Board for a 25 year lease, but with no options and have a one time refusal. The motion was seconded by Councilman McCarthy and carried 6 ayes, 1 nay, Mayor Pro Tem Manning voting no. City Attorney Schenk said the third issue is the question of the hangar going through the city's typical building plan review process. He noted, that over the past few years that has not occurred and the current policy is silent on this issue. The Board recommended that all hangars go though the city's building plan review, including permits and fees, but there be standards that are developed specific to hangars. After discussion, a motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning to accept the recommendation of the Airport Advisory Board. The motion carried 7 ayes, 0 nays. City Attorney Schenk said the next option concerns the living quarters in hangars and the question is, should future leases allow that. The City Attorney said the current policy vaguely references some issues such as the use of the hangar and the income to the airport operation. There is no specific reference or special consideration given to hangars associated with business or economic development activity as opposed to personal use. Mr. Schenk said the survey, more or less tracked that, but none of the cities surveyed indicated that hangars were used for living quarters. He said the Board's recommendation was that future leases prohibit tenants from living in the hangar or having full living quarters in the hangar. The Board recommended that there could be an item such as a sink, bathroom, or associated facility to allow temporary over-night stay or perhaps social use of a portion of the hangar. City Attorney Schenk said that the other part of the recommendation was that airport incentives were difficult to implement and difficult to define and that it was better left for incentives to come from the Paris Economic Development Corporation. After discussion, a motion was made by Mayor Pro Tem Manning, seconded City Council Meeting August 13, 2001 Page 19 by Councilman Bell, to leave the economic incentives to the Paris Economic Development Corporation and have no living quarters in hangars other than for over-night. The motion carried 7 ayes, 0 nays. The City Attorney said the next issue was dealing with the specific beginning and ending date of construction of a private hangar. He advised that the current policy has no requirements as to how long, once the lease is entered into, the lessee has to build the hangar. The survey indicated that they do require a beginning and ending date for construction of a private hangar. The Board's recommendation was that each lease require the construction of the hangar to be completed within eighteen months. A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to accept the recommendation of the Airport Advisory Board. The motion carried 7 ayes, 0 nays. City Attorney Schenk said the next issue was the ground lease payment and he explained that this involves the lease of the ground on which the improvement is located. The City Attorney advised that the only compensation that the city receives is the hangar itself when the lease expires. He said that almost all of the cities require the payment of ground lease payments for private hangars, and also indicated from TxDot that future leases should include the requirement for ground lease payments. City Attorney Schenk told the City Council that the survey shows the ground lease charge anywhere from a nickle per square foot per year to being based on the appraised value. He further advised that the Board recommendation was for a ground lease payment of $0.12 per square foot per year adjusted every five years from the Consumer Price Index adjustment, and advised this is for future leases only. A motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning, to accept the recommendation of the Airport Advisory Board. The motion carried 7 ayes, 0 nays. City Council Meeting August 13, 2001 Page 20 City Attorney Schenk told the City Council that the next issue for consideration was whether the lease should place the burden for taxes, if any taxes are due, on the hangar tenant. He advised that the current policy is silent on the issue of who would be responsible for taxes, if any taxes are determined to be due. The City Attorney advised that other cities said, if there are ever taxes to be paid, the tenant pays the taxes, and the Board made no recommendation. City Attorney Schenk advised that it was his recommendation that this needs to be a provision of the lease. After discussion, a motion was made by Mayor Pro Tem Manning that, in accordance with the results of the survey, that if there are ever taxes to be paid, the tenant pays the taxes. The motion was seconded by Councilman Bell and carried 7 ayes, 0 nays. City Attorney Schenk advised that the next question was on insurance, stating that the current lease requires $250,000.00 personal injury, $500,000.00 event, $100,000.00 property damage coverage in each policy. The question is whether or not more extensive insurance coverage, including fire and casualty insurance on the actual hangar, should be an obligation of the tenant. He said at this time there is no requirement that a tenant carry fire and casualty insurance on the hangar especially for the benefit of the City of Paris. The Airport Advisory Board recommended that the current requirement of general liability be continued, and the Board took the position that requiring fire and casualty insurance of the tenant for the benefit of the city as a co-insured should not be a requirement of the lease, and further recommended that the city should be responsible for obtaining its own insurance for this particular purpose. He said there is a letter in the packet regarding insurance if the city has to opt for it, but the board took the position that it should be covered by the city. After discussion, a motion was made by Mayor Pro Tem Manning that the tenant pays their own insurance at replacement value and the city will be covered with the minimum amount on the hangar for basic fire and casualty insurance. The motion was seconded by Councilman Carter and carried 7 City Council Meeting August 13, 2001 Page 21 ayes, 0 nays. City Attorney Schenk announced that the next issue for discussion would be the current rental charges for T-hangars. At this time, the smaller open hangars are rented for $49.00 a month, $85.00 a month for smaller closed hangars, and $100.00 per month for the larger closed hangars. City Attorney Schenk said the board had recommended that the T-hangar rentals be increased from $49.00 to $55.00 per month for the open hangars, the smaller closed hangars from $85.00 to $95.00 per month and from $100.00 per month to $110.00 a month for the larger closed hangar. City Attorney Schenk said they did not specifically survey other airports on this because what is available to the city is in there and a rental table from TxDot on T-hangars is included as Exhibit 10 of the packet. After discussion, a motion was made by Councilman Plata to charge $150.00 per month for the large closed hangars, $110.00 per month for the small closed hangars, and $55.00 per month for the open T-hangar. The motion was seconded by Mayor Pro Tem Manning and carried 6 ayes, 1 nay, Councilman Bell voting nay. There being no further business, a motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning, to adjourn the meeting. The motion carried 7 ayes, 0 nays. MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM City Council Meeting August 13, 2001 Page 22 CITY CLERK