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10 City Council Mtg Min 5-14-07 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS May 14, 2007 The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, May 14, 2007, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Richard Manning Council Members: Curtis Fendley; Mary Ann Fisher, Mayor Pro Tern; Kevin Gray; Jesse James Freelen; and Don Wilson City Staff: Ernie Clark, Interim City Manager; Kent McIlyar, City Attorney; and Janice Ellis, City Clerk Absent: Council Member: Tim Ray 1. Mayor Manning called the meeting to order. Ernie Clark gave the invocation. 2. Pledge of Allegiance. Council Member Fendley led the pledge. 3. Receipt of report from the Planning & Zoning Commission. A. Public Hearing to consider the petition of Jane Williams for a change in zoning from a Light Industrial District (LI) to a Heavy Industrial District (HI) with a Specific Use Permit (41) Wrecking or Salvage Yard on Lots 23 and 24, City Block 251 being numbers 2211 and 2255 N. Main Street. Mayor Manning opened the public hearing and asked for anyone speaking in favor of this item to do so. Wayne Brown, 3055 N.E. 33rd, spoke in support ofthis item. Mr. Brown explained the Williams Family had operated a salvage yard for 54 years on North Main. He further explained that Mr. Williams got sick last year, they sold most of their inventory and turned off their utilities. By doing this, Mr. Williams learned they lost the ability to operate a salvage yard. He informed Council that Mr. Williams had a buyer for the property, subject to it being rezoned. Julio Natahl, potential buyer; John Larkin, Larkin Environmental Services; and Jay Skorton, grandson of Mr. Williams; also spoke in support of this item. With no one else speaking, Mayor Manning closed the public hearing. B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS ,...., ~. Regular City Council Meeting May 14, 2007 Page 2 HERETOFORE AMENDED, SO AS TO REZONE LOTS 23 AND 24, CITY BLOCK 251 OF THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A LIGHT INDUSTRIAL DISTRICT (LI) TO A HEAVY INDUSTRIAL DISTRICT (HI) DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. Mayor Manning inquired about the City's Comprehensive Plan and how it related to this property. Lisa Wright told Council the Plan recommended this property be zoned as light industrial. Kent McIlyar said it was his understanding the last time the Comprehensive Land Use Plan for the City was updated was in 2001. He further stated the plan would not allow the auto salvage yard as a legal use under the land use plan or under the current zoning. Mr. McIlyar said most of the time the business had operated under a legal non-conforming use, which is a use that pre-existed a zoning change. He advised that legal non-conforming use could continue to operate as long as it does not discontinue or terminate. The question that has been raised is whether or not there was an intent to discontinue the operation of the business. Mr. McIlyar went on to say the zoning request before them was a request to rezone to heavy industrial, a separate issue. Mr. McIlyar recommended to Council that they give careful consideration to this request, prior to rezoning property use heavier than what was in the plan. Council Member Fendley inquired if they could maintain the light industrial with the non-conforming use staying in place. Kent McIlyar said the non-transforming use could be transferred, as long as it had not been discontinued. Mr. McIlyar said he would like additional time to obtain more facts than had been presented to him. Council Member Wilson inquired about zoning of the surrounding properties. Lisa Wright said the properties surrounding this particular property were zoned light industrial. Council Member Fendley asked Kent for his opinion on transferring the non-conforming use. Kent McIlyar reiterated that he needed additional facts prior to rendering an opinion. Mayor Manning said they needed to give staff more time to gather additional facts. Council Member Fendley agreed with Mayor Manning. A Motion to table this item was made by Council Member Wilson and seconded by Council Member Freelen. Motion carried, 6 ayes - 0 nays. C. Consideration of and action on the Preliminary Plat of Lot 1, Block A, Jordan Addition (City Block 091), being located in the 500-600 block ofN. Main Street. A Motion to approve this item was made by Council Member Fendley and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. D. Consideration of and action on the Preliminary Plat of Lot 1, Block A, Main Street 250 Addition (City Block 250), being number 2240 N. Main Street. ,..." ~. Regular City Council Meeting May 14, 2007 Page 3 A Motion to approve this item was made by Council Member Fisher and seconded by Council Member Fendley. Motion carried, 6 ayes - 0 nays. E. Consideration of and action on the Preliminary Plat of Lot 2, Block A, Lamar Plaza (City Block 102), being located in the 1400 block of Lamar A venue. A Motion to approve this item was made by Council Member Freelen and seconded by Council Member Wilson. Motion carried, 6 ayes - 0 nays. F. Consideration of and action on the Preliminary Plat of Lot 1, Block A, Longhorn Addition (City Block 307), being located in the 3600 block of Loop 286 NW. A Motion to approve 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 Preliminary Plat of Lots I and 2, Block A, Powell Plantation (City Block 330), being located in the 3800-3900 block of Old Tiger Town Road. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Fendley. Motion carried, 6 ayes - 0 nays. H. Consideration of and action on the Final Plat of Lots 1 and 2, Block A, Powell Plantation (City Block 330), being located in the 3800-3900 block of Old Tiger Town Road. A Motion to approve this item was made by Council Member Fendley and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. I. ORDINANCE NO. 2007 -009: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, PROVIDING THAT THE ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, BE AMENDED BY REVISING SECTION 21-100 OF SAID ZONING ORDINANCE; PROVIDING THAT ZONING CHANGE, OR ZONING AMENDMENT REQUESTS GO DIRECTLY TO THE PLANNING & ZONING COMMISSION RATHER THAN TO THE CITY COUNCIL OF THE CITY OF PARIS FIRST; REPEALING ALL ORDINANCES OR P ARTS OF ORDINANCES IN CONFLICT HEREWITH; 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 Freelen and seconded by Council Member Fisher. Motion carried, 6 ayes - 0 nays. r" ". Regular City Council Meeting May 14, 2007 Page 4 CONSENT AGENDA Mayor Manning inquired if there were any items that Council Members wanted to pull from the Consent Agenda for discussion. There were none. Council Member Fisher made a Motion to approve the Consent Agenda and Council Member Wilson seconded the Motion. The Council voted six (6) for and none (0) opposed to approve and adopt the Consent Agenda, Items 4, 5, 5A, and 5B, as follows: 4. Approval of minutes from previous City Council meetings. (4/23/07) 5. Receipt of reports and/or minutes from committee, boards, and commissions: A. Building and Standards Commission. (2/19/07) B. Traffic Commission. (5/1/07 - no quorum) 6. Presentation of Computer Aided Dispatch Mobile Data System. Kent Klinkerman and Bob Hundley gave a presentation to Council regarding the Computer Aided Dispatch Mobile Data System. They reviewed the objectives and reasoning for need ofthe new system, which included a faster and more complete information sharing for officers to solve crimes and more efficient dispatching of emergency service units to calls for service. In addition, Bob Hundley explained how the new system would work and informed Council the total cost would be $794,239.00. Council Member Freelen asked if training was included in the package. Bob Hundley answered in the affirmative. Council Member Wilson wanted to know what the recourse was ifthe mobile data system did not work. Pursuant to the Agreement, Kent Klinkerman said Computer Information Systems would take the system back and the City would not be obligated. 7. Consideration of and action on an ordinance placing a 90 day moratorium on zoning for a placement of billboards within the city limits pending adoption of a new ordinance regulating such structures. A. Mayor Manning stated they had experienced several problems in the past upon imposing a new sign ordinance and inquired if90 days was enough time for staff. Kent McIlyar said 120 days would be better for staff. ORDINANCE NO. 2007-010: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, IMPOSING A ONE-HUNDRED AND TWENTY (120) DAY MORATORIUM ON THE ERECTION, CONSTRUCTION, RECONSTRUCTION, AND ,... ~ .. Regular City Council Meeting May 14, 2007 Page 5 PLACEMENT OF BILLBOARDS, ELECTRONIC SIGNS, AND OFF-PREMISES SIGNS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DEVELOP NEW REGULATIONS FOR BILLBOARDS, ELECTRONIC SIGNS AND OFF-PREMISES SIGNS TO BE PRESENTED TO THE CITY COUNCIL; PROVIDING A VARIANCE AND APPEAL PROCESS FOR PERSONS AGGRIEVED BY THIS ORDINANCE; PROVIDING A PENALTY CLAUSE, SAVINGS CLAUSE, REPEALER CLAUSE, SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Free1en and seconded by Council Member Gray. Motion carried, 5 ayes - 1 nay, with Council Member Wilson casting the dissenting vote. 8. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2007-051: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXPENDITURE OF SEVEN HUNDRED NINETY-FOUR THOUSAND TWO HUNDRED THIRTY-NINE DOLLARS ($794,239.00) FOR A COMPUTER AIDED DISPATCH MOBILE DATA SYSTEM FOR THE PARIS POLICE DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Council Member Wilson wanted to know if everything was budgeted. Ernie Clark said the fund balance was sufficient to cover the cost of the new system. A Motion to approve this item was made by Council Member Free1en and seconded by Council Member Gray. Motion carried, 6 ayes - 0 nays. B. RESOLUTION NO. 2007-052: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AN APPLICATION FOR AN AUTOMOBILE THEFT PREVENTION GRANT; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPT ANCE AND IMPLEMENT A nON OF SAID GRANT UPON NOTICE THEREOF; 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 Fendley and seconded by Council Member Wilson. Motion carried, 6 ayes - 0 nays. C. RESOLUTION NO. 2007-053: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID OF B. BRAY CONSTRUCTION AND AWARDING A CONTRACT IN THE AMOUNT OF $170,370.00 FOR THE r - -. Regular City Council Meeting May 14, 2007 Page 6 CONSTRUCTION OF WASTEWATER SYSTEM IMPROVEMENTS FOR PHASE 2 OF THE TEXAS DEP AR TMENT OF TRANSPORT A TION PINE MILL ROAD AND LOOP 286 NE GRADE SEPARATION PROJECT; 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 Freelen and seconded by Council Member Fendley. Motion carried, 6 ayes - 0 nays. 9. Citizens Forum. Erin Jenkins, 459 N.E. 5th - he said he had received a violation notice from Code Enforcement with regard to cars parked at his residence. Ernie Clark asked Mr. Jenkins to see him after the meeting. Billy Bell, 2054 Cleveland - he said the grass needed to be mowed at the police department. He further said that some of the department heads needed to be replaced. 10. Possible future agenda items. None were referenced. 11. Staff Reports: A. City Manager Report and observations on City management and operations. Ernie Clark told Council that a city wide safety program was in the process of being initiating and that Todd Varner would be the new training safety officer. In addition, he informed Council he was working with staffto update codes and was developing a staffing plan. 12. Consider and approve future events for City Council and/or City Staffpursuant to Resolution No. 2004-081. N one were referenced. 13. Information Items: A. Trail De Paris Pedestrian Bridge over US 271 South at Loop 286. B. Atmos Energy - Rider GCR - Rate Filing under Docket No. 94 C. ONCOR - Notice of Application filed with the PUC. r- -. Regular City Council Meeting May 14, 2007 Page 7 D. TXU Cities Steering Committee - receipt of a check for $61,839.87. E. Expenditures for outside attorneys update. F. Texas Department of Transportation - Planning Meeting June 7, 2007. 14. Adjournment. There being no further business, Council Member Fendley made a Motion to adjourn and Council Member Fisher seconded the Motion. The meeting was adjourned at 7:25 o'clock p.m. RICHARD MANNING, MAYOR JANICE ELLIS, CITY CLERK r- -.