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12 City Council (10/13/03)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL October 13, 2003 The City Council of the City of Paris met in regular session, Monday, October 13, 2003, 6:00 P.M. at Paris Junior College, Bobby R. Walters Applied Technology Building Room 1206, 2400 Clarksville Street, Paris, Texas. Mayor Curtis Fendley called the meeting to order with the following Council Members present: Jim Bell, Joe E. McCarthy, Francine Neeley, Willie Weekly, Sr., and Benny Plata. Also present were City Manager Michael E. Malone, City Attorney Larry W. Schenk, and City Clerk Mattie Cunningham. City Manager Malone presented the minutes of the Planning and Zoning Commission of October 6, 2003, and they are hereby attached to these minutes as Exhibit A. Mayor Fendley declared the public hearing open to consider the petition of the City of Paris Historic Preservation Commission to designate an Historic Structure and an Historic Overlay District (HD) on the Paris Santa Fe-Frisco Depot Property, being number 1125 Bonham Street. Steve Methven, Building Official for the City of Paris, advised that this is going to take in the Depot site that has just been renovated where the Chamber of Commerce is presently located. It will be included in the Historical Overlay District as a stand alone for that building in order for it to be protected. No one else appeared and the public hearing was declared closed. ORDINANCE NO. 2003-045 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 17810 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; DESIGNATING THE PARIS SANTA-FE FRISCO DEPOT AS AN HISTORIC STRUCTURE AND ESTABLISHING AN HISTORIC OVERLAY DISTRICT (HD) ON THE PARIS SANTA-FE FRISCO DEPOT PROPERTY IN ACCORDANCE WITH Regular City Council Meeting October 13,2003 Page 2 THE RECOMMENDATIONS OF THE PLANNING AND ZONING COMMISSION AND THE HISTORIC PRESERVATION COMMISSION; PRESERVING THE RESPECTIVE EXISTING USE AND ZONING DESIGNATIONS OF THE PROPERTY INCLUDED THEREIN; DESIGNATING THE BOUNDARIES OF THE HISTORIC OVERLAY DISTRICT (HC) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Bell, seconded by Councilwoman Neeley for adoption of the ordinance. The motion carried 6 ayes, 0 nays. Mayor Fendley called for consideration of and action on the Preliminary Plat of Parr-Hull Medical Plaza, being located in the 3300 Block of N. Main Street. A motion was made by Councilman Weekly, seconded by Councilwoman Neeley, to deny approval of the Preliminary Plat on the recommendation of the Planning and Zoning Commission. The motion carried 6 ayes, 0 nays. Mayor Fendley advised that the next item on the agenda was consideration of and action on an ordinance granting a variance pursuant to Section XVI (B) of Ordinance No. 1315, the City Subdivision Ordinance, from the requirements of Section VIII (A), Curb and Gutter, of the aforesaid Subdivision Ordinance to the developer of Lot 2, City Block 308, being located in the 1400 Block of W. Washington Street. Joe Chamey, 742 Pipeline, Hurst, Texas, Owner/Developer of the Paris Retirement Center, appeared before the City Council. Mr. Chamey said after due consideration and after discussion with City Council Members over the weekend, and pursuant to the feeling that there could be a series of compromises relative to the request to the variance he would withdraw his request for the variance subject to further negotiation with the City Engineer. Regular City Council Meeting October 13,2003 Page 3 Mayor Fendley asked City Attorney Schenk, as there is an action item, upon which the Planning and Zoning Commission had a recommendation, and asked if the City Council needed to act on that. City Attorney Schenk advised that the City Council should deny the variance. Mr. Chamey wanted to verify that they do have the capability to go ahead and visit with the City Engineer relevant to this particular issue and come back with a renegotiation. City Attorney Schenk advised that if he was still seeking the variance from the ordinance for having to install the curb and guttering, then they really need to go forward and consider that matter tonight, because the City Engineer does not have the authority to grant a variance. Mr. Chamey advised that he was suggesting that they come back with a different scenario relevant to the curb and gutter issue. Mr. Chamey said he was asking for a postponement of this issue. City Attorney Schenk explained that is something that the City Council cannot do because the state law provides that an application for a Plat must be acted on or denied within 30 days. The City Council needs to take action on that matter this evening, but it does not keep him from coming back and seeking approval of the variance at a later time. Shawn Napier, City Engineer, came forward stating that one thing they could do is approve the Preliminary Plat, because as it stands, Mr. Chamey is still responsible for building the curb and gutter. Mr. Napier said the Council could deny the variance and approve the Preliminary Plat and Master Plat of the Paris Retirement Village. After discussion, a motion was made by Councilman Bell, seconded by Mayor Pro Tem McCarthy, to table action on granting a variance for curb and gutter of the aforesaid Subdivision Ordinance, to the development of Lot 2, City Block 308, being located in the 1400 Block of W. Washington Street. The motion carried 6 ayes, 0 nays. A motion was made by Councilman Bell, seconded by Councilwoman Neeley for approval of the Preliminary Plat and Master Plat of Paris Retirement Regular City Council Meeting October 13,2003 Page 4 Village, being Lot 2, City Block 308, subject to the requirements of the City Engineer. The motion carried 6 ayes, 0 nays. A motion was made by Councilman Weekly, seconded by Mayor Pro Tem McCarthy, for approval of the Preliminary Plat, Lot 3-B, Townwood Estates #3 (Quintana Honda Dealership), located in the 1500 Block of Loop 286 N.E., subject to the requirements of the City Engineer. The motion carried 6 ayes, 0 nays. Mayor Fendley called for the approval of the minutes of the meeting for July 28, 2003. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilman Bell, for approval of the minutes. The motion carried 6 ayes, 0 nays. The minutes from the Airport Advisory Board, Paris Bank Commission, Board of Commissioners, Housing Authority of the City of Paris, Building and Standards Commission, Historic Preservation Commission, Library Advisory Board, and the Paris Economic Development Corporation had been furnished with no action being required. Ruth Ellen Grant, 620 26th Street S.E., appeared before the City Council stating that on September 23, 2003, after school, her daughter was hit by a vehicle while she was crossing Collegiate in the school crosswalk across from Crockett Middle School. Ms. Grant said the accident was caused by a car that was driving south on Collegiate passing a stopped vehicle on the right. Ms. Grant said they were very lucky that she escaped with a scrapped elbow. She advised that this is not the first time an accident has occurred. Last year another child was also hit by a vehicle crossing Collegiate in front of the school. Ms. Grant said that after the accident the children told them that cars pass on the right all the time. The day after the accident, she walked with the kids to the crosswalk and she was appalled by what she observed. She said that 10 to 15 vehicles passed before one stopped to let the kids cross the street. After that, the next two vehicles passed the stopped car on the right without even braking and they Regular City Council Meeting October 13,2003 Page 5 were going much faster than the car that hit her daughter. Ms. Grant said after researching the City Ordinances on line, she discovered that the Director of Public Works had the authority to designate crosswalks. She contacted Terry Townsend and the next day the pedestrian crosswalk signs were placed right at the crosswalk and that evening the crosswalk was painted. Ms. Grant said the amazement was not because the action was taken, but the speed in which it was taken was wonderful. Also during the following week, the Paris Police Department was present after school and the following Friday, the Policeman actually had to get out of his vehicle to direct traffic. Ms. Grant said her purpose is to inform the City Council of the situation and to thank Terry Townsend, her City Councilwoman, Fran Neeley, and the Paris Police Department for their prompt attention to this matter. She asked the Council not to forget this situation because the violations are still occurring everyday. Betty Dixon Stokes, 136 Bonham Street, appeared before the City Council requesting head-in parking for businesses along Bonham Street. Ms. Stokes presented a petition signed by all of the businesses in the two blocks that are being discussed. Ms. Stokes said there are 14 businesses that are located between the Plaza and 3rd Street. She said on their block there are approximately five to six parallel parking places. She said that the 300 Block of Lamar going through the Plaza to Bonham are all slanted parking places and have been for a long time. Ms. Stokes said the width of Lamar Street from the east side and Bonham Street from the west side are approximately the same. She said that if you drive directly through the center of town, the left two lanes as you go off the Plaza continue straight. The right two lanes you have to move over one is parking and one is continued traffic flow. Ms. Stokes said if the city changed this to slant parking, there would be approximately three times more parking places for customers. She said that if they had more parking places, more business could be conducted, more sales expected, more taxes paid and more funds from the taxes to the city. City Manager Malone advised that this is an item that would be referred to the Regular City Council Meeting October 13,2003 Page 6 Traffic Commission and it would ultimately be approved or disapproved by the Texas Department of Transportation in accordance with the maintenance agreement that the city has with the state. Shawn Napier said that the municipal agreement with the state regarding angle parking states that it is prohibited except upon written approval of the State after traffic and engineering surveys have been conducted to determine that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. Mr. Napier said he had one of his inspectors go out and measure Lamar Avenue on the east side parking of the Plaza and they are both 50 feet wide, Bonham Street is 40 and one-half feet wide and Grand Street is 41 and one-half feet wide, and most of the other streets there are 40 to 42 and one-half feet with the exception of 1 st Street S.W., which is off the square and it was 48 and one-half feet. Mayor Fendley said if you do this you would be down to one lane and one-half of traffic. Mr. Napier agreed with that. The City Council referred this matter to the City Engineer to research and find out if it is possible to do the angle parking. They wanted the City Engineer to contact the Texas Department of Transportation if it is something they would agree to if request, and if not, why, and report back to the City Council at the November meeting. ORDINANCE NO. 2003-046 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING SUBPARAGRAPH (f) OF SECTION 17-5 OF SAID CODE; PROVIDING FOR AN INCREASE OF $1.00 FOR THE PRESERVATION OF VITAL STATISTICS RECORDS UPON ISSUANCE OF THE RECORD, INCLUDING BIRTH, DEATH, AND FETAL DEATH RECORDS, IN ACCORDANCE WITH SENATE BILL 1744 WHICH AMENDED THE HEALTH AND SAFETY CODE, SECTION Regular City Council Meeting October 13,2003 Page 7 191.0045; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Bell, seconded by Mayor Pro Tem McCarthy, for adoption of the ordinance. The motion carried 6 ayes, 0 nays. Resolution No. 2003-160, resolving that the regular Monday meeting of the City Council scheduled for November 10, 2003, be, and the same is hereby, consolidated with the regular Thursday meeting of the City Council scheduled for November 6, 2003, at 6:00 P.M., was presented. A motion was made by Councilman Bell, seconded by Councilwoman Neeley, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2003-161, approving the form of the Professional Service Collection Agreement with American Municipal Services Corporation for the collection of delinquent Municipal Court fees, costs and fines, and authorizing and directing the Mayor of the City of Paris to execute said agreement, was present. A motion was made by Councilman Weekly, seconded by Mayor Pro Tem McCarthy, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2003-162, reappointing Paul Denney, Arvin Starrett, and Ann Rogers, and that Barbara Wilson be, and she is hereby appointed to serve as members of the Historic Preservation Commission of the City of Paris for terms of two years beginning August 1, 2003, and ending July 31, 2005; that Brian Wear be appointed to serve as an alternate member of the Historic Preservation Commission of the City of Paris for a term of two (2) years, beginning August 1, 2003, and ending July 31, 2005, was presented. A motion was made by Mayor Pro Tem McCarthy, seconded by Councilwoman Neeley, for approval of the resolution. The motion carried 6 ayes, 0 nays. Mayor Fendley called for the quarterly financial report. Regular City Council Meeting October 13,2003 Page 8 Gene Anderson, Director of Finance, came forward stating that he did not actually have a quarterly report to make because the city is in the process of doing the year-end closeout. Mr. Anderson said that one thing that he wanted to make the City Council aware of was the final reconciliation to do the closeout. The estimates that they based their earlier budget amendment on, there were a few areas that were not exactly adequate. He said at a future meeting he will come back and asked the Council to do a little housekeeping on last year' s budget in the amounts that is contained in the memo that he had passed out to the Council. Mr. Anderson said there were things that happened that were unanticipated. City Attorney Schenk presented the following petition for rezoning: Gary Nash, Lot 28, Block 1, Warren Addition, from a One Family Dwelling District No 2, to Commercial Zoning. Mayor Fendley referred the petition to the Planning and Zoning Commission for their study and recommendation at the meeting Scheduled for November 3, 2003, and before the City Council November 6, 2003. There being no further business, a motion was made by Mayor Pro Tem McCarthy, seconded by Councilwoman Neeley, to adjourn the meeting. CURTIS FENDLEY, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK