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03 City Council Mtg Min 11-13-06 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS November 13, 2006 The City Council ofthe City of Paris met for a regular session at 6:00 P. M. Monday, November 13,2006, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Richard Manning Council Members: Tim Ray; Curtis Fendley; Mary Ann Fisher, Mayor Pro Tern; Kevin Gray; Jesse James Freelen; and Don Wilson City Staff: Tony N. Williams, City Manager; John Lestock, Assistant City Attorney; and Janice Ellis, City Clerk 1. Mayor Manning called the meeting to order. Jason Duff gave the invocation. 2. Pledge of Allegiance. Council Member Ray led the pledge. 3. Receipt of report from the Planning & Zoning Commission. A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT ORDINANCE NO. 1710 BE AMENDED BY REVISING SECTIONS 8-101 AND 12100 OF SAID ORDINANCE; PROVIDING FOR THE PERMITTED USE OF A MOBILE HOME IN ALL ZONING CLASSIFICATIONS WITH A SPECIFIC-USE PERMIT; PROVIDING FOR THE EXPIRATION OF SPECIFIC-USE PERMITS FOR MOBILE HOMES; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Lisa Wright explained to Council this ordinance would allow for a specific use permit for mobile homes without changing the underlying zoning. The permit would expire after five years. Mayor Manning inquired what would happen at the time of expiration. Lisa ~..,..., Regular City Council Meeting November 13,2006 Page 2 stated that the mobile home could remain on the property; however, should the person want to place a new mobile home on the property a new permit would be required. Council Member Wilson wanted to know under which zoning areas would this allow a mobile home to be placed. Lisa informed Council it would allow a mobile home to be placed in any zoning area, as long as a permit was obtained. Council Member Wilson expressed concern that allowing a mobile home in any zoned area would generate complaints and problems. Mayor Manning expressed the same concern. Council Member Wilson suggested the ordinance be amended to permit mobile homes in zones areas ofSF3 or lower. John Lestock advised that a new ordinance would need to be drafted and sent to Planning and Zoning. A Motion to deny this item was made by Council Member Wilson and seconded by Council Member Fendley. Motion carried, 7 ayes - 0 nays. CONSENT AGENDA Mayor Manning inquired if there were any items that Council Members wanted to pull from the Consent Agenda for discussion. Council Member Ray wanted to know why two items he requested on this Agenda, the wrecker item and scrap metal item, were not on the Agenda. Tony Williams explained that it took some time to gather the information and staff was in the process of doing so. Council Member Ray questioned the lateness of the V &CC Minutes. Becky Semple explained it was due to the turnover of staff and that in the future Council would be getting minutes in a timely fashion. Upon a motion made by Council Member Fendley and a second by Council Member Freelen, the Council voted seven (7) for and none (0) opposed to approve and adopt the Consent Agenda, Items 4, 5A, 5B, 5C, and 5D as follows: 4. Approval of minutes from previous City Council meetings. (10/30/06) 5. Receipt of reports and/or minutes from committees, boards, and commissions: A. Civil Service Commission. (10/19/06) B. Paris Economic Development Corporation. (10/18/06) r - . Regular City Council Meeting November 13,2006 Page 3 C. Visitors and Convention Council. (1/19/06; 3/1/06; 3/22/06; 5/1/06; 6/20/06; 7/20/06; 9/26/06) D. Airport Advisory Board. (10/12/06) 6. Consideration of and action on the following ordinances: A. ORDINANCE NO. 2006-043: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ESTABLISHING MAXIMUM, REASONABLE AND PRUDENT RATES OF SPEED ON CERTAIN PORTIONS OF CERTAIN STREETS AND HIGHWAYS AND PUBLIC PLACES IN THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; FIXING PENAL TIES FOR VIOLATION HEREOF; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE. Chief Louis explained to Council this action was requested by the Texas Department of Transportation, as TxDOT is the entity that sets the speed limit. He further explained this area was on Highway US 82 from the West city limit of Paris. A Motion to approve this item was made by Council Member Fisher and seconded by Council Member Freelen. Motion carried, 7 ayes - 0 nays. 7. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2006-143: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE U.S. ENVIRONMENTAL PROTECTION AGENCY FORA BROWNFIELD CLEANUP GRANT FOR THE PURPOSE OF MITIGATING ENVIRONMENTAL HAZARDS AT THE GRAND THEATER; PLEDGING TO ACCEPT THE DONATION FROM LAMAR COUNTY, PARIS JUNIOR COLLEGE, AND PARIS INDEPENDENT SCHOOL DISTRICT OF ALL THEIR UNDIVIDED INTEREST IN AND TO THE GRAND THEATER IN THE EVENT THE CITY IS A WARDED SUCH GRANT; AUTHORIZING THE DIRECTOR OR COMMUNITY DEVELOPMENT TO ACT ON BEHALF OF THE CITY OF PARIS IN ALL MATTERS RELATED TO THE APPLICATION; ,..- Regular City Council Meeting November 13,2006 Page 4 ACCEPTING SAID GRANT A WARD UPON NOTICE THEREOF; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; PLEDGING THAT, IF A GRANT IS RECEIVED, THE CITY OF PARIS WILL COMPLY WITH THE GRANT REQUIREMENTS OF THE U.S. ENVIRONMENTAL PROTECTION AGENCY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Lisa Wright told Council that several weeks ago the U.S. Environmental Protection Agency and Ark- Tex of Governments were invited to tour the Grand Theater. Lisa further told Council that the theater was deteriorating. Immediately upon seeing the location, the U.S. Environmental Protection Agency official approved it for Phase I and Phase II. Phase I is where EP A comes in and assesses the property and determine if there are hazards and Phase II allows additional assessment. The two phases will be at no cost to the City, because Ark- Tex will pay for the entire cost of both phases. If approved, the grant would allow for cleanup of the inside ofthe theater and then the building could be renovated into something useful. Lisa further informed Council there was a local attorney who had volunteered his time to help with fund raising for the cash match and forming a 50 13( c) corporation. A Motion to approve this item was made by Council Member Freelen and seconded by Council Member Fendley. Motion carried, 7 ayes - 0 nays. 8. Citizens Forum. A.W. Clem, 2980 Hubbard - spoke in support of Tony Williams and the quality job he was doing as City Manager. When evaluating Tony, he urged Council to put aside personal feelings and evaluate him on the job he has done. Mike Mosher, 743 South Main - spoke in support of Tony Williams and reiterated what A. W. Clem. said. Ed Seidle, 1362 Pine Bluff - spoke in support of Tony Williams. He stated Tony had done an outstanding job and asked Council to put a lot of thought into his evaluation. 9. Report by City Manager concerning the removal of waste containers belonging to Southern Disposal, Inc. Tony Williams reported to Council that Southern Disposal had stopped picking up r- Regular City Council Meeting November 13,2006 Page 5 trash and that several businesses had called complaining their containers were overflowing. Southern Disposal refused to empty them, unless they would continue to do business in Paris. There was concern regarding health hazards at the eating establishments. Tony displayed several photographs reflecting the overflowing containers. City staff contacted each customer and the majority of them allowed city staff to empty the trash and pick up the containers. City staffphotographed the containers and placed them in storage. The customers who did not want their containers picked up, were informed that the container would be emptied, but that city staff would not return to empty it again. 10. Discussion of enforcement of restrictive covenants. Tony informed Council it would be very difficult for city staff to try to enforce all deed restrictions. He further informed Council if a homeowners association wanted to enforce restrictions, the avenue would be through civil litigation. Tony further stated there was no time limitations on restricted covenants. 11. Discussion and direction for City Charter Amendments. Tony reported Monte Akers had not made it to the meeting, so Mayor Manning moved to item number 13. 13. Discussion of evaluation forms and time table pertaining to City Manager and Municipal Court Judge. Mayor Manning said the forms were the same forms used last year and asked if anyone had any changes. With no changes being made to the forms, Mayor Manning asked that Council complete their evaluations and return same to the November 27th meeting. 14. Report on the number of Airport Advisory Board Members who have hangar leases and/or own hangars at Cox Field Airport. Council Member Freelen said he did not think it was fair for individuals who owned hangars not to pay taxes on those hangars. Tony informed Council the preliminary report received from the Lamar County Appraisal District's attorney indicated they were not certain they could assess taxes. Council Member Fendley said other communities were enforcing this type of tax and inquired if Lamar County Appraisal District could be forced to collect the taxes. Tony said he would research the process and get back with Council. ro, .. Regular City Council Meeting November 13, 2006 Page 6 11. Discussion and direction for City Charter Amendments. Mayor Manning returned to item number 11. Mayor Manning asked Council if they wanted to discuss this matter without Monte Akers present. Council Member Fendley suggested they discuss the committee. Council Member Wilson and Mayor Manning concurred. 12. RESOLUTION NO. 2006-144: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF P ARIS, PARIS, TEXAS, APPOINTING MEMBERS TO SERVE ON A CITY CHARTER STUDY COMMITTEE TO ASSIST IN DETERMINING WHICH PORTIONS OF THE CHARTER ARE IN NEED OF REVISION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Council Member Wilson stated he thought the committee should consist of eleven members. Council Member Fendley and Mayor Manning agreed. Council Member Free1en brought up discussion from the prior meeting regarding the criteria of the committee members. It was decided the members could not be a fonner council member, an employee of the city, fonner employee of the city and had to be a resident of the City of Paris. Each Council Member selected a committee member as follows: Council Member Fendley selected Bill Payne; Council Member Fisher selected Marva Joe; Council Member Gray selected Robert High; Council Member Ray selected David House; Council Member Wilson selected Charles Waldrum; Mayor Manning selected David Nabors; and Council Member Free1en selected Charles Richards. Each Council Member then placed a name in an envelope and the City Clerk drew four names from the envelope. The other four committee members chosen were Ozie Battle, Louise Hagood, Phillip Cecil and David Hamilton. Council decided to place Bobby Walters on the committee as an alternate. Council Member Fisher left the meeting at 6:55 p.m. A Motion to approve this item was made by Council Member Fendley and seconded by Council Member Free1en. Motion carried, 6 ayes - 0 nays. r.' , Regular City Council Meeting November 13,2006 Page 7 Mayor Manning recessed the meeting at 6:56 p.m. so that Tony Williams could place a call to Monte Akers to determine if he was in route to the meeting. Mayor Manning reconvened the meeting at 7:06 p.m. Tony reported to Council that Monte Akers was not going to be at the meeting; however would be at the November 27th meeting. 15. Possible future agenda items. Council Member Fisher inquired about the status ofthe internal audit. Tony Williams stated a request had been made to the State Comptroller. Council Member Wilson inquired about the accounting report not containing a revenue figure from the sanitation fees. Gene Anderson stated he had been on vacation and the books were closed prior to his doing ajournal entry. Council Member Gray stated that John Lestock had applied for the city attorney position and he should be interviewed by the Council. Mayor Manning stated the two other applicants could not be there Thursday night and further stated they could conduct the interviews Monday night, November 20th. Council was in agreement. Mayor Manning requested an item on the Agenda regarding the possibility of outsourcing utility billing and meter reading. He stated he learned of this process at TML and thought it might save the City money. Council Member Freelen asked if there was an update on C-Tech. Tony stated that PEDC had given C- Tech had incentive to locate in Paris and that he would obtain a status report from PEDC. 16. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. None were referenced. 17. Referrals. There were none. r Regular City Council Meeting November 13,2006 Page 8 18. Adjournment. There being no further business, Council Member Free1en made a Motion to adjourn and Council Member Fisher seconded the Motion. The meeting was adjourned at 7: 15 p.m. RICHARD MANNING, MAYOR JANICE ELLIS, CITY CLERK r-