02 City Council (06/17/02)MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL
June 17, 2002
The City Council of the City of Paris met in special session, Monday, June 17,
2002, at 6:00 P.M., Paris Junior College, 2400 Clarksville Street, Room 1016,
Paris, Texas. Mayor Michael J. Pfiester called the meeting to order with the
following Council Members present: John F. Bell, Richard Manning, Joe E.
McCarthy, Francine Neeley, Willie J. Weekly, Sr., and Benny Plata. Also present
were City Manager Michael E. Malone, City Attorney Larry W. Schenk, and City
Clerk Mattie Cunningham.
Karen Wilkerson came forward presenting a power point presentation regarding
historical preservation of structures in the City of Paris. Ms. Wilkerson also
presented information on being a certified city, the benefits that the city would
have, and how to qualify as a certified city.
ORDINANCE NO. 2002-033
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING CHAPTER 7, ARTICLE IV, SECTION 7-71
THROUGH 7-100 OF THE CODE OF ORDINANCES OF THE CITY OF
PARIS, ENTITLED "MOVING OF BUILDINGS," TO REDESIGNATE SAID
ARTICLE AS ARTICLE V TO CHAPTER 7 AND TO RENUMBER SAID
SECTIONS AS SECTIONS 7-101 THROUGH 7-130 RESPECTIVELY;
AMENDING CHAPTER 7, ARTICLE V, SECTIONS 7-101 THROUGH 7-119
OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, ENTITLED
"MECHANICAL REGULATIONS, " TO REDISIGNATE SAID ARTICLE, AS
ARTICLE VI TO CHAPTER 7 AND TO RENUMBER SAID SECTIONS AS
SECTIONS 7-131 THROUGH 7-150 RESPECTIVELY; AMENDING
CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS,
BY REPEALING ARTICLE VI OF CHAPTER 2, SECTIONS 2-156
THROUGH 2-158 ENTITLED "HISTORIC LANDMARK PRESERVATION
COMMITTEE' ; AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES
OF THE CITY OF PARIS TO ADOPT A NEW ARTICLE VII, SECTIONS 7-
151 THROUGH 7-164 ENTITLED "HISTORIC PRESERVATION";
ESTABLISHING THE PARIS HISTORIC PRESERVATION COMMISSION;
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June 17, 2002
Page 2
AUTHORIZING THE DESIGNATION OF LANDMARKS AND HISTORIC
DISTRICTS; PROVIDING FOR THE ISSUANCE OF CERTIF'ICATES OF
APPROPRIATENESS; REGULATING THE ISSUANCE OF DEMOLITION
PERMITS FOR HISTORIC LANDMARKS OR STRUCTURES WITHIN A
HISTORIC DISTRICT; PROVIDING FOR RELIEF ON THE BASIS OF
HARDSHIP; PROVIDING FOR ENFORCEMENT; PROVIDING FOR
PENALTIES; PROVIDING FOR APPEALS; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED.
Mayor Pro Tem Manning stated that in reading the proposed ordinance, he had
some concerns as to whether the city will be dictating what color a person can
use on a historical home and things of that nature. He wanted to be sure there
was not something in the ordinance that he had overlooked under the historical
districts. City Attorney Schenk read that portion of the ordinance and called
attention to the portions concerning minor alterations.
Ron Emrich came forward telling the City Council that he actually helped the
community group draft this proposed ordinance and that he does this for a living.
Mr. Emrich said that tonight the City Council is creating a format for an enabling
ordinance and is not actually designating any property as a historic district at this
time. It is the process outlined in the ordinance that is being considered tonight.
At a future date City Council will have to create one or more historical districts.
A part of this second ordinance would be design guidelines for each historic
district that is created. An example would be the disallowance of flourescent
colors. Mr. Emrich said by adopting the enabling ordinance tonight, the Council
would not actually be applying this to any specific property in Paris nor is the
City Council establishing specific guidelines. Specific guidelines would be
established at a later date.
Mr. Emrich said it was his hope that the City Council will create a Preservation
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June 17, 2002
Page 3
Commission at this meeting, which will come back to the Council at a future date
with a recommendation for a historical district to cover a certain number of
blocks or area, which will be incorporated as part of the Zoning Code. He said
at that time, they will recommend guidelines for that district.
On a question by Councilman Plata regarding grants, Mr. Emrich advised there
were no grants available for homeowners at this time. He did say that for
commercial property owners in historic districts there are federal tax benefits.
Mr. Emrich advised that many cities across the state have created a local property
tax incentive to homeowners in these historic districts that give a temporary
property tax abatement for rehabilitation to the houses.
Councilwoman Neeley asked City Attorney Schenk about the relief on the basis
of hardship and wanted to know what that means. City Attorney Schenk advised
that this is an opportunity for hardship for variance from being required to
comply fully to the requirements.
Suzy Harper came forward pointing out that on page 12 of the proposed
ordinance that demolition permits issued pursuant to orders of the Building and
Standards Commission are exempted. She advised that this removes the Historic
Preservation Commission from any role in reviewing, commenting on or
delaying these demolitions and she felt that the language needs to be clarified.
City Attorney Schenk said that it does not do that at all. He advised that when
the previous ordinance was adopted creating the Building and Standards
Commission, there is a section in that ordinance (Section 7-50) that obligates
every case that the Code Inspectors bring forward to go through a preliminary
review process by this new commission before it can go back to the Building and
Standards Commission. City Attorney Schenk explained the total process
concerning demolition permits.
John Kelly, President of the Board of the Agape House Worldwide Ministries
which is renovating the Old Lamar County Medical Center on West Washington
Street, came forward. Mr. Kelley wanted to get clarification from the city of the
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June 17, 2002
Page 4
ramifications of this ordinance and how it will help or hinder their efforts. Mr.
Kelley said there has been maj or renovation to this building in the last year and
explained the type of renovation that has occurred. He said they have other
plans such as putting a wheelchair ramp on the building to make it handicap
accessible. Also, they were told they needed to install a fire escape on the west
side of the building to match the east side, but wanted to know how that would
fit into the ordinance requirements. Mr. Kelly said Leadership Lamar County has
chosen this building as one of their main projects and they are lining up
businesses, industries, and individuals to do more work on the building. They
are on the verge of having the roof redone and Chip Harper is working with them
on that, but because of these proposed changes, they do not know if Mr. Harper
should proceed.
City Attorney Schenk advised that first, this building will have to be included in
a historic district or designated as a historical landmark. The City Attorney felt
that everything that has been done to the building to date, if it falls into those
categories will not be affected by this ordinance. If it does fit into one of those
categories, and there is additional work to be accomplished, those regulations
and zoning classifications are not going to be adopted through the city's formal
process of doing so. There will have to be public hearings on zoning changes,
which will require similar public hearings and notices to be given, and will
probably have to give notice to everyone in a particular historic district including
those located outside the two hundred feet.
Mr. Kelly wanted to know about any requirements regarding the interior of a
historical building. Ron Emrich came forward explaining that, according to state
law, historical ordinances cannot apply to the interior of a historic building.
David Phillips, 733 Church Street, came forward stating that for the last fifteen
years, he has done everything that he could do to improve, maintain, and restore
his property. Mr. Phillips was concerned with the fact that if he changed his
porch light or put new guttering on his house he would have to get a permit in
order to do this. The City Attorney advised that this ordinance does not mandate
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June 17, 2002
Page 5
that. He said what this ordinance does is to define the outer limits or the
parameters of what is to be done, which is the framework. The specifics as to
how detailed and limited the changes will be in a specific district are not yet
known. City Attorney Schenk said the language in the ordinance is intended to
identify those kinds of changes that could be the kind of changes that are
considered minor alterations and does not require the process to go through the
extensive process of review. It could be a simple matter of coming to the city
and requesting a minor change. That is something that would be delegated to the
Director of Community Development. Mr. Emrich came forward discussing this
issue with Mr. Phillips and City Attorney Schenk.
Mr. Phillips mentioned that there are several occupied homes where some work
has begun, but they are in a state of severe disrepair and have been for a long
time. He said it seems that this ordinance does not deal with that at all, yet those
are some of the greatest eyesores in the community.
City Attorney Schenk advised that under the ordinance that deals with
unoccupied substandard buildings that could be subject to being torn down by
order of the Building & Standards Commission, there are cases that will be
brought forward first for several good reasons, which this Council debated and
discussed. He said that this ordinance under consideration applies to occupied
structures that are going to be changed if they are in a historical district.
After further discussion, a motion was made by Councilwoman Neeley, 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 a resolution appointing
members to the Buildings and Standards Commission. Mayor Pfiester advised
the City Council that this item had been tabled at the June 10, 2002, meeting and
if they wished to consider this item, a motion was needed to bring it from the
table. A motion was made by Mayor Pro Tem Manning, seconded by
Councilwoman Neeley, to bring this matter from the table. The motion carried
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7 ayes, 0 nays.
Resolution No. 2002-111, appointing Brad Archer, Mary Crumpler, and Chad
Brown to the Building and Standards Commission of the City of Paris for terms
of one year, beginning July 1, 2002, and ending June 30, 2003; appointing Lucius
Joe, Jr., Tommy Robinson, Harrell Tippitt, and Mark Rothfuss for terms of two
years beginning July 1, 2002, and ending June 30, 2004; appointing Vic Ressler,
Jr., and Ward Hall as alternate members to the Building and Standards
Commission of the City of Paris for terms of one year, beginning July 1, 2002,
and ending June 30, 2003; and appointing Billy Hill and Pike Burkhart as
alternate members to the Building and Standards Commission of the City of Paris
for terms of two years, beginning July 1, 2002, and ending June 30, 2004, was
presented.
A motion was made by Councilwoman Neeley, seconded by Councilman
Weekly, for approval of the resolution. The motion carried 7 ayes, 0 nays.
Resolution No. 2002-112, appointing Paul Denney, Arvin Starrett, Linda Ryan,
and Ann Rogers to serve as members of the Historic Preservation Commission
of the City of Paris for terms of one year, beginning August 1, 2002, and ending
July 31, 2003, or until their successors are appointed; appointing Claudia Hunt,
Jerry Raper, and Sue Lancaster to serve as members of the Historic Preservation
Commission of the City of Paris for terms of two years, beginning August 1,
2002, and ending July 31, 2004, or until their successors are appointed;
appointing Barbara Wilson to serve as an alternate member of the Historic
Preservation Commission of the City of Paris for a term of one year, beginning
August 1, 2002, and ending July 31, 2003, or until her successor is appointed;
and appointing Becki Norment to serve as an alternate member of the Historic
Preservation Commission of the City of Paris for a term of two years, beginning
August 1, 2002, and ending July 31, 2004, or until her successor is appointed,
was presented.
A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem
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June 17, 2002
Page 7
Manning, for approval of the resolution. The motion carried 7 ayes, 0 nays.
A motion was made by Councilwoman Neeley, seconded by Councilman Plata,
to table action on a resolution appointing an alternate member to the Board of
Adjustment. The motion carried 7 ayes, 0 nays.
Mayor Pfiester called for discussion of and possible action on locking water
meters and advised that there has been a lot of concern about people turning
water meters on when the house has been vacated. It has been the practice of the
city to bill the owner if it is rental property and will not allow the water to be
turned on until that charge has been satisfied.
Councilman Plata voiced his concern regarding the present policy of charging a
fee of $20.00 when a meter or water cut-off is locked.
Mayor Pfiester explained that when someone moves out of a rental property the
city takes a meter reading and locks the valve on the water meter to keep people
from turning the water on and using the water.
Gene Anderson, Director of Finance, came forward stating that approximately
30% of the city's meters are lockable at this time, but they do not have locks on
them.
Councilman Plata presented pictures of several different styles of locks used by
cities and discussed those with the City Council.
Mr. Anderson said the current city policy is if they find the water on without an
account and if they can locate who lived there, the city would first go to them, but
if they cannot be located, then the city goes to the landlord for the cost of the
water used.
Mayor Pfiester called for a show of hands of the Council Members who would
like to change that policy. A show of hands of 4 to 3 to change the policy was
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June 17, 2002
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noted.
A motion was made by Councilman Weekly, seconded by Councilman
McCarthy, to allow city staff to deal with this problem and bring back to the City
Council a different policy in dealing with locking water cut-offs. The motion
carried 7 ayes, 0 nays.
City Manager Malone advised that the next item was placed on the agenda at the
request of Mayor Pfiester, which was discussion of and possible action on the
following preliminary revenue figures and potential additional expenses as they
relate to goals and objectives of Council Members. He said on this request the
City Council has been furnished with preliminary revenue figures and potentially
additional expenses that might be considered by the City Council relatively to any
goals and objectives they might have. City Manager Malone added that the city
was more than one-half a million dollars in the red in the Water and Sewer Fund
and that this is something to be considered when deciding to purchase locks and
meter cut-offs.
The Mayor asked if there were any other issues that the Council Members would
like to see changed, or to be brought up in future meetings.
Councilman Plata stated that he would like to see the departments not go up but
cut their budgets back and just get what they really need. Councilman Bell stated
that this was done last year and we held the tax rate the same as the previous
year. He pointed out that they were going to do a water rate study and felt that
everyone involved knows there will probably be an increase in the water and
sewer rates. Councilman Bell there has not been a increase in these rates in three
years.
Mayor Pro Tem Manning wanted to know how they were going to come up with
$98,000.00 of property taxes that are below budget projections. Mayor Pfiester
said they could come up with a way to save expenses.
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June 17, 2002
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City Manager Malone advised that out of the two maj or funds that the city has,
the Director of Finance has given him preliminary revenue estimates. He said
under the General Fund, the current property taxes are projected to be
$5,901,110.00. That would mean in this fiscal year, the city would be
$98,000.00 below the amount projected as income in property taxes. The City
Manager said the delinquent tax collection is $33,000.00 above the projection
which will make the shortfall approximately $65,000.00. The one and one-fourth
cent sales taxes are projected to be $4,484,385.00; which is $515,615.00 below
budget for this fiscal year. He said this means that the city does not have the
revenue to support the budget this year. City Manager Malone said the economic
forecast calls for a gradual and modest economic rebound. Mr. Malone said the
city's TXU Gas franchise tax is projected to turnout $240,000.00 and that is
$96,000. 00 below budget. The TXU Electric franchise tax payment was received
in the amount of $1,662,855.00, which is $66,467.00 over the budgeted amount.
The interest revenue is proj ected to be $160,000.00 and that is $90,000.00 below
the budgeted amount, which is due to low inflation levels continuing to hold
interest rates down. City Manager Malone said the Southwestern Bell franchise
tax is projected to be $129,830.00 and that is $62,170.00 below budget.
City Manager Malone said the water and sewer charges are projected to be
$3,880,325.00 and that is $179,675.00 below budget. He said this is assuming
a mild summer similar to last year.
The City Manager advised that the industrial surcharges are projected to be
$175,000.00, which is $50,000.00 below budget. The water sales are projected
to be $360,304.00 below the budgeted amount. City Manager Malone reminded
Council that, as was discussed with the City Council during last year's budget
workshops, new water and sewer rates were needed along with annual updates.
He said that this is probably a situation where the City Council will need to cut
some expenditures and raise the rates.
City Manager Malone advised that there is a possibility of additional revenues
from ad valorem taxes due to the new values being assigned, but the new values
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June 17, 2002
Page 10
have not been finalized at this time.
The City Manager stated that the city has received a petition from the Firefighters
Association asking for an election for a pay increase. Information about what the
pay increase might cost has been furnished to the City CounciL Mr. Malone said
that the cost could be as much as five cents in addition to the current tax rate.
City Manager Malone roughly estimated that the city would gain revenue of
approximately $300,000.00 due to the additional values if we keep the same rate,
and pointed out that the loss of sales tax and replacing it with ad valorem tax
would approximate about five cents, and the possible cost of the pay referendum
would be about five cents if it passed, and the cost of the new debt for the police
and courts building could be as much as five cents. The city manager pointed out
that it was possible that it might take fifteen cents to be added to the present
sixty-one cent tax rate to cover these increases.
Mayor Pfiester requested that the City Council receive the proposed budget as
soon as possible.
A motion was made by Councilman McCarthy, 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 CLERK