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04-A City Council Min 7-23-07 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS July 23, 2007 The City Council of the City of Paris met for a regular session at 6:00 P. M. Monday, July 23, 2007, at the City Council Chamber, 107 E. Kaufman, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Will Biard; Mary Ann Fisher; Don Wilson; Stephen Brown; Kevin Gray; and Bill Strathem, Mayor Pro Tern City Staff: Ernie Clark, Interim City Manager; Kent McIlyar, City Attorney; and Janice Ellis, City Clerk 1. Mayor Freelen called the meeting to order. Pastor Moseley gave the invocation. 2. Pledge of Allegiance. Council Member Strathern led the pledge. CONSENT AGENDA Mayor Freelen 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 Strathern seconded the Motion. The Council voted seven (7) for and none (0) opposed to approve and adopt the Consent Agenda, Items 3, 4, 4A, 4B, and 4C as follows: 3. Approval of minutes from previous City Council meetings. (6/25/07; 6/26/07; 7/2/07; 7/9/07; 7/10/07 and 7/17/07) 4. Receipt of reports and/or minutes from committees, boards, and commissions: A. Paris Public Library Advisory Board. (5/23/07) B. Traffic Commission. (7/10/07) C. Paris Visitors & Convention Council. (1/31/07) Mayor Freelen stated he wanted to move to item 12. Council Member Brown made a motion Regular City Council Meeting July 23, 2007 Page 2 to bring item 12 forward and Council Member Fisher seconded the motion. Motion carried, 7 ayes - 0 nays. 12. Citizens Forum John House, 1446 Clarksville Street - spoke m support of a code enforcement committee. Pike Burkhart, 524 Church Street - spoke on behalf of Lamar Forward, in support of hiring Tony Williams as City Manager. Mary Ann Hood, 2760 FM 79 - expressed appreciation to the City for code enforcement efforts. She stated that tenants should be held responsible for leaving behind bulk items instead of the owners. Linda Vandiver, 540 21 st N .E. - spoke in support of strong code enforcement. Marva Joe, 161 0-17th N .E. - brought forth a petition signed by citizens opposing the rehiring of Tony Williams. Billy Bell, 2054 Cleveland - spoke in opposition of the rehiring of Tony Williams. Eric Jenkins - expressed concern about the amount oflighting between Fifth Street and Tudor. Ray Banks, 3450 Robin Road - spoke in support of code enforcement and spoke in opposition of the rehiring of Tony Williams. Jim Bell, 720 S.E. 39th - spoke in support of a code enforcement task force and the rehiring of Tony Williams. Mayor Freelen moved to item 5. 5. Presentation by Don Wall regarding the Northeast Texas Regional Mobility Council (NETMOB) establishment of the new Regional Mobility Authority (RMA); possible discussion and action regarding recommendation and/or nomination of a new member to the Committee. Don Wall informed Council that the Regional Mobility Authority was approved a couple of weeks ago. He further informed Council the first project would consist of putting in four lanes south of Cooper to the Hunt/Delta County line. Regular City Council Meeting July 23, 2007 Page 3 6. Convene in Executive Session pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive advice of legal counsel pertaining to pending or possible litigation and to receive advice of legal counsel pursuant to the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, regarding the following matters: A. Status of the non-conforming use located at 2211 and 2255 N. Main Street, further described as Lots 23 and 24, City Block 251. Mayor Freelen convened Council into executive session at 6:30 p.m. 7. Reconvene in Open Session to take possible action or to give further direction to City Staff regarding those matters discussed in the Executive Session. Mayor Freelen reconvened Council into open session at 6:46 p.m. 8. 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. A Motion to bring the item from the table was made by Council Member Brown and seconded by Council Member Wilson. Motion carried, 7 ayes - 0 nays. Kent McIlyar stated the Applicant had submitted a letter requesting that the application be withdrawn, provided that the Council and the City not oppose their transfer of the property to Mr. Julio Natahl for continuation of the auto salvage business. Mr. McIlyar further stated that the Williams Auto Salvage business was a business that had been in Paris at the same location approximately fifty years. He told Council the business had operated under a grandfathered non- conforming use and the sale would be a transfer of the legal non-conforming use. 9. Consideration of and action on the following ordinances: A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO RE-ZONE LOTS 23, 24, 26 AND 30, 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. Regular City Council Meeting July 23, 2007 Page 4 Mayor Freelen reiterated the application had been withdrawn. B. ORDINANCE NO. 2007-014: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING SECTIONS 34-22(b), WATER RATES, SECTION 34-23, SEWER RATES, SECTION 34-27, ADJUSTMENT FOR WATER LOST, SECTION 34-28, DEPOSIT, SECTION 34-29, BILLING, SECTION 34-30, DISCONTINUANCE OF WATER SERVICE, AND SECTION 34-32, SERVICE CHARGE OR FEE TO REFLECT CHANGES RECOMMENDED BY THE 2007 WATER AND SEWER RATE STUDY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Brown. Council Member Biard expressed concern about the City's infrastructure needs and suggested an 8% increase in water rates and a 3% increase in the sewer rates. Council Member Biard said the increase would enable the City to spend approximately $500,000.00 on infrastructure. Council Member Wilson said for four or five years the rates were not increased, as recommended by the consultants. Council further discussed increases in various percentage increments. Council Member Wilson amended his Motion to change the water rate increase from 4% to 8% and the sewer rate increase from 4% to 3%. Council Member Biard seconded the Motion. Motion carried, 6 ayes - I nay, with Council Member Strathem casting the dissenting vote. C. ORDINANCE NO. 2007-015: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ESTABLISHING A MAXIMUM, REASONABLE RATE OF SPEED ON CERTAIN PORTIONS OF CERTAIN STREETS AND HIGHWAYS AND PUBLIC PLACES IN THE CITY OF PARIS; PROVIDING FOR A FINE NOT TO EXCEED $200.00; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member Fisher questioned the speed limit around the park. Karl Louis stated the speed limit around the park would remain 20 m.p.h. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Wilson. Motion carried, 7 ayes - 0 nays. D. ORDINANCE NO. 2007-016: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC MAP ADOPTED IN Regular City Council Meeting July 23, 2007 Page 5 SECTION 31-65 OF THE CODES OF ORDINANCES OF THE CITY OF PARIS, TEXAS; REMOVING A LOADING ZONE AND ESTABLISHING A TWO-HOUR PARKING AREA IN THE 100 BLOCK OF SOUTH MAIN STREET ON THE EAST SIDE OF STREET; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF APRIL 1,2006. A Motion to approve this item was made by Council Member Fisher and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 10. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2007-072: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING AND APPROVING THE LOVE CIVIC CENTER, CHAMBER OF COMMERCE OF LAMAR COUNTY, BUDGET FOR THE FISCAL YEAR OCTOBER 1,2007, TO SEPTEMBER 30, 2008; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECT DATE. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING AND APPROVING THE PARIS ECONOMIC DEVELOPMENT CORPORATION BUDGET FOR THE FISCAL YEAR OCTOBER 1,2007, TO SEPTEMBER 30, 2008; 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 Fisher and seconded by Council Member Biard. Council Member Strathern stated prior to approving the budget, he wanted know why there was an increase in the budget and what happened with C- Tech. He also expressed concern about approving the budget prior to the two new members of P.E.D.C. having a chance to review it. Mr. Kampfer told Council the bulk of the increase was due to placing a line item in the budget for marketing. In addition, the budget was increased in staff and personnel to enable him to hire another clerk. With regard to C- Tech, Mr. Kampfer told Council they were getting close to a conclusion. Regular City Council Meeting July 23, 2007 Page 6 A Motion to table this item for one month was made by Council Member Strathem and seconded by Council Member Biard. Motion carried, 7 ayes - 0 nays. C. RESOLUTION NO. 2007-073: A RESOLUTION OF CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING AND APPROVING THE PARIS VISITORS AND CONVENTION COUNCIL, CHAMBER OF COMMERCE OF LAMAR COUNTY, BUDGET FOR THE FISCAL YEAR OCTOBER 1,2007, TO SEPTEMBER 30, 2008; MAKING OTHER FINDINGS AND PROVISIONS RELA TED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Brown. Motion carried, 6 ayes - 0 nays. Council Member Fisher abstained from voting, because she serves on the Board. D. RESOLUTION NO. 2007-074: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE CITY MANAGER AND/OR DESIGNEE TO GIVE NOTICE OF TERMINATION OF THE AGREEMENT FOR AIRPORT MANAGEMENT DATED DECEMBER 13,2004 TO J.B. RICHEY, PRESIDENT OF J.R. AVIATION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. Ernie Clark advised Council the City was not getting good management for the money they were expending. He stated they could discuss the management of the airport during the budget process. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. Mayor Freelen moved items F, H, I, J, K, L, and M to the work session scheduled for July 24, 2007. He then moved to items E and F below: E. RESOLUTION NO. 2007-075: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING MEMBERS TO THE MAIN STREET ADVISORY BOARD; MAKING OTHER FINDINGS AND PROVISIONS RELA TED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. G. RESOLUTION NO. 2007-076: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPOINTING MEMBERS TO THE BOARD OF Regular City Council Meeting July 23, 2007 Page 7 DIRECTORS OF THE ARK- TEX COUNCIL OF GOVERNMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Brown and seconded by Council Member Strathern. Motion carried, 7 ayes - 0 nays. 11. Consideration of and action on establishing a Council Task Force to study and make recommendations, regarding street conditions, dilapidated housing, excessive outside storage, sanitation, and other code enforcement issues in the City of Paris. Mayor Freelen stated Council needed to make decisions with regard to the number of council members and staff members to serve on the Task Force, as well as accepting applications from citizens. Council Members Wilson, Brown and Biard, all expressed an interest in serving as Council advisors. Mayor Freelen said that Lisa Wright should be involved with the task force. Council Member Wilson suggested that representatives from the Fire Department, Sanitation, the IT Department, Keep Paris Beautiful and Paris Economic Development Corporation serve on the Task Force. Council Member Wilson also suggested that each Council Member select a citizen from their district to serve, as well Council select several citizens at large to serve. It was a consensus of the Council to involve the City Attorney, Fire Marshall, City Manager, Police and Code Enforcement. A motion to create the task force by appointing Council Members Wilson, Brown and Biard to serve was made by Council Member Fisher and seconded by Council Member Strathern. Motion carried, 7 ayes - 0 nays. 13. Consideration and approval of the Monthly Financial Report. A Motion to approve the Monthly Financial Report was made by Council Member Wilson and seconded by Council Member Fisher. Motion carried, 7 ayes - 0 nays. 14. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Mayor Freelen reminded Council that there was an Ark- Tex Meeting on Thursday. 15. Information Items: A. Northeast Texas Automobile Theft Task Force Grant Approval. B. Municipal Courts Activity Report. Regular City Council Meeting July 23, 2007 Page 8 16. Possible future agenda items. Ernie Clark reminded Council of the training session scheduled for Tuesday, August 7th at 5:00 p.m. 17. Adjournment. There being no further business, Council Member Brown made a Motion to adjourn and Council Member Biard seconded the Motion. Motion carried, 7 ayes - 0 nays The meeting was adjourned at 8: 1 0 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK