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03 City Council Mtg Min 10-9-06 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS October 9, 2006 The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, October 9,2006, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor Pro Tern: Mary Ann Fisher Council Members: Tim Ray; Curtis Fendley; Kevin Gray; Jesse James Freelen; and Don Wilson City Staff: Tony N. Williams, City Manager; John Lestock, Assistant City Attorney; and Tammy Strickland, Deputy City Clerk Absent: Mayor: Richard Manning 1. Mayor Pro Tern Fisher called the meeting to order. Reverend Paul Dearinger gave the invocation. 2. Pledge of Allegiance. Council Member Ray led the pledge. 3. Receipt of report from the Planning & Zoning Commission. A&B. ORDINANCE NO. 2006-038: 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 A LIGHT INDUSTRIAL DISTRICT (LI) ON LOTS 1, lA, AND 2, CITY BLOCK 340, REQUESTED BY WILL BIARD, AGENT FOR NORMAN MONTGOMERY, OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A COMMERCIAL DISTRICT (C); DESIGNATING THE BOUNDARIES OF THE LIGHT INDUSTRIAL DISTRICT (LI) 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. Mayor Pro Tern Fisher opened the public hearing and asked for anyone speaking in . - r ,....~. ,,, favor of this item to do so. Chris Fitzgerald, 100 North Main, spoke on behalf of Will Biard in support of this item. Mayor Pro Tern Fisher asked for anyone speaking against this item to do so. With no one else speaking, Mayor Pro Tern Fisher closed the public hearing. A Motion to approve this item was made by Council Member Ray and seconded by Council Member Freelen. Motion carried, 6 ayes - 0 nays. C&D. 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 A ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC US PERMIT (39) MOBILE HOME ON LOT 14, CITY BLOCK 171, ON PROPERTY BELONGING TO RICKEY ELLIS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A HEAVY INDUSTRIAL DISTRICT (HI); DESIGNATING THE BOUNDARIES OF THE ONE-FAMILY DWELLING DISTRICT NO.3 (SF- 3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR P ARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. Mayor Pro Tern Fisher opened the public hearing and asked for anyone speaking in favor of this item to do so. Mr. and Mrs. Rickey Ellis, 1720 W. Henderson, spoke in support of this item. Mayor Pro Tern Fisher asked for anyone speaking against this item to do so. With no one else speaking, Mayor Pro Tern Fisher closed the public hearing. Council Member Wilson inquired as to if they could leave the zoning heavy industrial and issue Mr. Ellis a specific use permit. Lisa Wright stated that a specific use permit for a single family dwelling could be issued for property zoned heavy industrial, but the ordinance does not allow a permit to be issued for manufactured housing for property zoned in heavy industrial. Council Member Wilson said the City needs to revise the ordinance. A Motion to table this item was made by Council Member Wilson and seconded by Council Member Ray. Motion carried, 6 ayes - 0 nays. E&F. 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 A MULTIPLE- FAMILY DWELLING DISTRICT NO. 1 (MF-l) ON LOTS 1 AND 2, BLOCK 10, BROOKSIDE ADDITION, ON PROPERTY BELONGING TO RAY BRUMBACK, 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. I (MF-I) 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. Mayor Pro Tern Fisher opened the public hearing and asked for anyone speaking in favor of this item to do so. Ray Brumback withdrew his zoning request. With no one else speaking, Mayor Pro Tern Fisher closed the public hearing. A Motion to deny this item was made by Council Member Wilson and seconded by Council Member Freelen. Motion carried, 6 ayes - 0 nays. G. Consideration of and action on the Final Plat of Chisum Square (Starbucks), being number 3605 Lamar Avenue. Subject to the Engineer's recommendations, a Motion to approve this item was made by Council Member Fendley and seconded by Council Member Wilson. Motion carried, 6 ayes - 0 nays. CONSENT AGENDA Mayor Pro Tern Fisher inquired ifthere were any items that Council Members wanted to pull from the Consent Agenda for discussion. There were none. Upon a motion made by Council Member Wilson and a second by Council Member Freelen, the Council voted six (6) for and none (0) opposed to approve and adopt the Consent Agenda, Items 4, 5, and 5A ,5B, 5C, 5D, 5E, as follows: 4. Approval of minutes from previous City Council meetings (9/25/06). 5. Receipt of reports and/or minutes from committees, boards, and commissions: A. Paris Public Library Advisory Board. (8/16/06) B. Paris Economic Development Corporation. (5/11/06; 06/21/06; 08/17/06; 08/31/06) C. Historic Preservation Commission. (09/06/06) D. Building and Standards Commission. (9/18/06) E. Traffic Commission. (10/03/06) 6. Consideration of and action on the following ordinances: A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS BE AMENDED BY REVISING THE TRAFFIC CONTROL MAP ADOPTED IN PARAGRAPH (b) OF SECTION 31-65 OF SAID CODE; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES ORP ARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE OF NOVEMBER 1,2006. Council Member Fisher advised the stop signs proposed were for the following locations: (1) Stop Eastgate at 47th St. SE, stopping westbound traffic; (2) Stop Stephens at 47th St. SE, stopping westbound traffic; (3) Stop 48th St SE at Eastgate, stopping northbound traffic; (4) Stop 48th St. SE at Stephens, stopping southbound traffic. A Motion to deny this item was made by Council Member Freelen and seconded by Council Member Fendley. Motion carried, 6 ayes - 0 nays. B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO SOUTHERN DISPOSAL, INC., FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTION OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Tony Williams informed Council that Southern Disposal, Inc. had paid all of the fees due. Council Member Ray asked if Southern Disposal, Inc. paying in full was in response to Council denying their permit. Council Member Ray said he did not believe they should authorize them to do business in Paris, because ofthe problem with collection offees. Tony said they had been doing business in the City for a number of years and they had met the requirements. Council Member Freelen said he did not like to put people out of business. Council Member Ray said that Gene Anderson had made several attempts to resolve this matter prior to Council denying their permit. A Motion to deny this item was made by Council Member Ray and seconded by Council Member Wilson. Motion carried, 5 ayes - 1 nay, with Council Member Freelen casting the dissenting vote. 7. Consideration of and action on the following resolutions: Council Member Ray left the meeting at 6:30 p.m. and returned at 6:32 p.m. A. RESOLUTION NO.2006-139: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING THE SALE OF TAX DELINQUENT PROPERTY DESCRIBED AS MOBILE HOME (PROPERTY ID #107637) LOCATED AT THE SHADY OAKS MOBILE HOME PARK, 1825 NE LOOP 286; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Council Member Fendley inquired if the property had been posted for bid. John Bolster, tax attorney for the City, advised Council this property had been posted and offered for sale at the courthouse. Mr. Bolster stated that no one was willing to pay the delinquent taxes. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Freelen. Motion carried, 6 ayes - 0 nays. B. RESOLUTION NO.2006-140: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS APPROVING AND AUTHORIZING ADDENDUM NO. ONE TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF PARIS AND THE PARIS INDEPENDENT SCHOOL DISTRICT FOR PROVISION OF SCHOOL RESOURCE OFFICER SERVICES DATED AUGUST 14,2006; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE A Motion to approve this item was made by Council Member Ray and seconded by Council Member Freelen. Motion carried, 6 ayes - 0 nays. C. RESOLUTION NO.2006-141: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS APPROVING AND AUTHORIZING ADDENDUM NO. ONE TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF PARIS AND THE NORTH LAMAR INDEPENDENT SCHOOL DISTRICT FOR PROVISION OF SCHOOL RESOURCE OFFICER SERVICES DATED AUGUST 14,2006; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Freelen and seconded by Council Member Wilson. Motion carried, 6 ayes - 0 nays. D. RESOLUTION NO.2006-142: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AN ENGAGEMENT LETTER FOR LEGAL SERVICES WITH THE LAW FIRM OF BOVEY, AKERS & BOJORQUEZ AS PRESENTED BY MONTY AKERS FOR CONSULTING SERVICES IN MAKING AMENDMENTS TO THE CITY OF PARIS CITY CHARTER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. A Motion to approve this item was made by Council. Member Ray and seconded by Council Member Fendley. Motion carried, 6 ayes - 0 nays. 8. Citizens Forum. Wally Kraft - spoke in support of disannexation of property located out FM 905. He said that all eleven residents had signed the petition. Betty Leggett - she said there were two city limit signs on Airport Road and wanted to know which sign was correct. Tony said the City staff would correct it. 9. Discussion of the following draft ordinances relating to animal control: Council Member Gray left the meeting at 7:18 p.m. and returned at 7:20 p.m. A. Amending Code of Ordinances by adding Section 5-20 to Chapter 5, Animals and Fowls, providing for a limitation on the number of dogs and/or cats per household within the city limits of the City of Paris. Chief Louis said the proposed ordinance limits the number of animals to eight per household. Council Member Ray said the City of Tyler charges a $10.00 permit fee ifthey exceed the number of animals. Chief Louis told Council this Ordinance allows breeders, animal hospitals and hobbyists to make application to exceed eight per household. Council Member Ray said he thought eight was too many. Council Member Wilson said he thought they should set a permit fee. Council Member Wilson also said he had a problem with breeders running a business in a residential area and lack or regulation. Chief Louis said this ordinance would help with that problem. Council Member Free1en inquired about viscious dogs. Chief Louis said there is a Health and Safety law that addresses viscious dogs, but they need to educate the public. Council Member Free1en said he does not think that dogs should be at sporting events where children are playing, whether they are on a leash or not. Chief Louis said they would be addressing that issue under the next item. Mayor Pro Tern Fisher said she would allow citizens to come forward and speak on the matter. Kenda Taylor, Lamar County Humane Association volunteer - spoke in support of limiting the number of animals to eight per household. Dave Johnson - spoke against limiting the number of animals. Bobbie Anderson, Lamar County Humane Association volunteer - spoke in support of limiting the number of animals. Wally Kraft - spoke in support in limiting the number of animals; however, allowing for exceptions. Jennifer Johnson, 208-21st S.E. - spoke against limiting the number of animals. Elizabeth Knizley, 4830 Gateway, President of the Lamar County Humane - Association - spoke in support of limiting the number of animals per household. Ray Banks, 3450 Robin Road - asked who was going to enforce the new ordinance. Windell Babb, 844 E. Hearne - spoke in support of limiting the number of animals instead of just talking about it and not doing anything. He asked City Council to give the police a law they could work with. He specifically mentioned a citizen who had thirty plus dogs and had been cited, but nothing has happened about the situation. Tony Williams stated they are trying to solve this problem and that is why these proposed Ordinances were being reviewed. Council Member Ray said the city had done all that it could, the citizen had appealed the case and now it was in County Court. Council Member Wilson suggested to Mr. Babb that he speak with the County Judge, because it was in his Court. Council Member Gray left the meeting at 7:18 p.m. and returned at 7:20 p.m. B. Amending Code of Ordinances by revising Section 5-2, Running at Large, of said code, providing for the restriction of dogs walking on designated walking tracts. Chief Louis stated this Ordinance disallows any dogs on designated walking tracks. He said there were many mothers pushing their babies in strollers up and down the walking tracks and dogs were being walked in close proximity. He made a recommendation that a track be created specifically for citizens who want to walk their dogs. Council Member Wilson asked for input regarding the possibility of dogs wearing muzzles while on the walking track. Council Member Fendley asked about the possibility of specifying a certain time that citizens could walk their dogs on tracks. Council Member Freelen asked that the Ordinance include dogs being prohibited from sporting events. 10. Discuss Disannexation in the area ofFM 905. (requested by Council Member Ray). Council Member Ray stated he had spoken to several residents in the area ofFM905 and they expressed a desire to be disannexed. He said the residents were not receiving sewer or water services. Shawn Napier displayed a map reflecting the area. Council Member Ray wanted to know if the residents could be provided service. Shawn said not without installing a lift station. Tony said it would be a great expense to the residents for the City to put in a sewer system for them. Council Member Wilson said other property disannexed had not been as high of a concentration as this property. He said he wanted to know the value of the total combined property. Council Member Ray said the area should not have been annexed if the City could not provide them services. Council Member Wilson said that Council needed to receive and review all of the information regarding this property prior to making a decision. Tony told Council the total property tax value of individuals who signed the petition amounted to approximately $599,190.00. Council Member Wilson wanted to know what the potential was for undeveloped property being developed. Council Member Fendley said the rest of the land was agriculture. Tony told Council he would get additional tax information and bring back to Council. Council Member Gray left the meeting at 7 :45 p.m. and returned to the meeting at 7 :46 p.m. 11. Report on retirement system and unfunded liability. Gene Anderson provided Council with information regarding the pension fund. He explained that employees of the City are covered by two pension plans. The firefighters are covered under the local Paris Firefighters Relief and Retirement Fund and all other employees are covered under the statewide Texas Municipal Retirement System. Tony said that cities were beginning to have to look at unfunded liabilities, because of government accounting standards. We need to look at how we are going to lower this unfunded liability. In the next legislative session, TMRS is going to propose language to create law whereby cities can contribute money toward reducing their unfunded liability. He further stated the unfunded liabilities on both the pension and retiree health insurance is a concern to all of us. Council Member Wilson inquired expressed concern about the increase of liability of the firefighters fund from 2001 to 2003. Gene Anderson explained one of the reasons was the age of the workforce. Council Member Wilson stated that for many cities the big liability was not in the pension fund, but in health care on the pension side of retirees. Gene said the City is currently paying monthly premiums for retirees of $10,191.00 per month. 12. Report from Jon Clack regarding the City of Paris Drought Contingency Plan. Jon Clack reported that the lake level was currently at 67% and we were in Stage II of the Drought Contingency Plan. 13. Possible future agenda items. N one were referenced. 14. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. There were none. 15. Referrals. Barney Bray III - 1802 South Church Street - requested zoning change from Agricultural to Commercial. 16. Adjournment There being no further business, the meeting was adjourned at 8:20 p.m. MARY ANN FISHER, MAYOR PRO rEM TAMMY STRICKLAND, DEPUTY CLERK