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04-A City Council Mtg Minutes I. .1 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS October 8, 2007 The City Council of the City of Paris met for a regular session at 6 :00 P. M. Monday, October 8, 2007, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Will Biard; Mary Ann Fisher; and Stephen Brown City Staff: Kevin Carruth, City Manager; Kent McIlyar, City Attorney and Janice Ellis, City Clerk Absent: Council Members: Don Wilson; Kevin Gray; and Bill Strathern 1. Call meeting to order. Mayor Freelen called the meeting to order at 6:03 p.m. 2. Pledge of Allegiance and invocation. Steve Cook gave the invocation and Council Member Biard led the pledge. 3. Citizens Forum. Ken Kammer, 2485 Kessler - he stated there needed to be an alternative to code enforcement procedures and code enforcement. 4. CONSENT AGENDA Mayor Freden 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 Brown seconded the Motion. The Council voted five (5) for and none (0) opposed to approve and adopt the Consent Agenda, Items 4 A, 4 B, 4C( 1 ), 4C(2), 4C( 3), 4C( 4), 4C( 5) and 4C( 6) as follows: A. Approval of minutes from previous City Council meetings (9/17/07 Special Budget Workshop Meeting; 9/17/07 Special Meeting; 9/24/07 Regular City Council Meeting), B. Receipt of reports and/or minutes from committees, boards, and commissions. C. Consideration of and action on the following resolutions: I, ,I Regular City Council Meeting October 8, 2007 Page 2 (I) RESOLUTION NO. 2007-118: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH THE AMERICAN RED CROSS, LAMAR COUNTY CHAPTER TO PERFORM CERTAIN SPECIALIZED SERVICES ON BEHALF OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. (2) RESOLUTION NO. 2007-119: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH THE LAMAR COUNTY HUMAN RESOURCES COUNCIL TO PERFORM CERTAIN SPECIALIZED SERVICES ON BEHALF OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. (3) RESOLUTION NO. 2007-120: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH THE CHILDREN'S ADVOCACY CENTER TO PERFORM CERTAIN SPECIALIZED SERVICES ON BEHALF OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. (4) RESOLUTION NO. 2007-121: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH MODELS OF THE MAKER TO PERFORM CERTAIN SPECIALIZED SERVICES ON BEHALF OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. (5) RESOLUTION NO. 2007-122: A RESOLUTION OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH EAST TEXAS COUNCIL ON ALCOHOL AND DRUG ABUSE (ETCADA) TO PERFORM CERTAIN SPECIALIZED SERVICES ON BEHALF OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. (6) RESOLUTION NO. 2007-123: A RESOLUTION OF THE CITY COUNCIL I. .1 Regular City Council Meeting October 8, 2007 Page 3 OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH CASA FOR KIDS TO PERFORM CERTAIN SPECIALIZED SERVICES ON BEHALF OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. 5. Receipt of report from the Planning & Zoning Commission. A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO.1 71 0 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOT 4, BLOCK 7, BELMONT ADDITION, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE-FAMILY DWELLING DISTRICT NO.3 (SF-3) TO A ONE-FAMILY DWELLING DISTRICT NO.3 (SF-3) WITH A SPECIFIC USE PERMIT NO. (39) FOR A MOBILE HOME; 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 Freelen opened the public hearing and asked for anyone speaking in favor of this item to do so. Kenneth Tucker, 859-13th N.E., spoke in support of this item. Mayor Freelen asked for anyone speaking against this item to do so. With no one else speaking, Mayor Freelen closed the public hearing. A Motion to approve this item was made by Council Member Fisher and seconded by Council Member Biard. Following a brief discussion regarding the surrounding property, Council Member Biard stated it was his opinion to follow the recommendation of Planning and Zoning. Council Member Fisher withdrew her Motion. A Motion to deny the zoning change was made by Council Member Biard and seconded by Council Member Fisher. Motion carried, 4 ayes - 0 nays. B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE SITE PLAN FOR A PLANNED DEVELOPMENT DISTRICT _ RETAIL SHOPPING CENTER (PD-a) PREVIOUSLY ESTABLISHED BY THE I, ,I Regular City Council Meeting October 8, 2007 Page 4 ENACTMENT OF ZONING ORDINANCE NO. 96-039, FOR LOT 4, BLOCK 8, SPRINGLAKE ADDITION; MAKING OTHER FINDINGS AND PROVISIONS RELA TED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mayor Freelen opened the public hearing and asked for anyone speaking in favor of this item to do so. Louis Yates, general contractor, 1815 Majestic, spoke in support of this item. He said the drive-thru, canopy and window had been removed from the plan. Mayor Freelen asked for anyone speaking against this item to do so. Brenda Hampton, 238-28th Street N.E.; Yvonne Bowers, 214-28th Street N.E.; and Edith Dunn, 257-28th Street N.E., each spoke in opposition of the zoning change. They expressed concerns about there being a drive-thru on the property, congested traffic and safety of children at the bus stop. With no one else speaking, Mayor Freelen closed the public hearing. A Motion to approve this item was made by Council Member Fisher and Council Member Brown asked if it was a motion for discussion. Council Member Fisher withdrew her motion. Council discussed removing access from 28th Street or restricting access. Lisa Wright stated that either alternative would not work with the submitted site plan. Council Member Biard verified with Lisa Wright they would have to go back to Planning and Zoning should they want to put a drive-thru in at a later date. Council Member Brown said he wanted Planning and Zoning to look at the impact of increased traffic on 28th Street. A Motion to table this item was made by Council Member Fisher and seconded by Council Member Biard. Motion carried, 4 ayes - 0 nays. C. Consideration of and action on the Preliminary Plat of Lot 1, Block A, Chantu Addition CB 296, being number 495 35th Street NE. A Motion to approve this item was made by Council Member Biard and seconded by Council Member Brown. Motion carried, 4 ayes - 0 nays. D. Consideration of and action on the Final Plat of Lots 1 and 2, Block A, Baxley Addition CB222, being numbers 196 and 198 20th Street NE. A Motion to approve this item was made by Council Member Fisher and seconded by Council Member Biard. Motion carried, 4 ayes - 0 nays. I. .1 E. Consideration of and action on the Preliminary Plat of Lot 1, Block A, Neilson Building Addition 1 79-A, being number 210 1 st Street SE. Regular City Council Meeting October 8, 2007 Page 5 A Motion to approve this item was made by Council Member Baird and seconded by Council Member Fisher. Motion carried, 4 ayes - 0 nays. F. Consideration of and action on the Final Plat of Lot 1, Block A, Neilson Building Addition 1 79-A, being number 210 1 st Street S.E. A Motion to approve this item was made by Council Member Fisher and seconded by Council Member Biard. Motion carried, 4 ayes - 0 nays. G. Consideration of and action on the Final Re-Plat of Lot 11, City Block 251, Main Street Town Homes Addition 251, being number 1715 N. Main Street. A Motion to approve this item was made by Council Member Fisher and seconded by Council Member Biard. Motion carried, 4 ayes - 0 nays. 6. ORDINANCE NO. 2007-038: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER 1,2007, AND ENDING SEPTEMBER 30,2008, AS AMENDED, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF PARIS; APPROPRIATING THE VARIOUS AMOUNTS THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mayor Freelen opened the public hearing and asked for anyone speaking in favor of this item to do so. No one spoke in support of this item. Mayor Freelen asked for anyone speaking against this item to do so. With no one speaking, Mayor Freelen closed the public hearing. A Motion to approve this item was made by Council Member Fisher and seconded by Council Member Brown. Motion carried, 4 ayes - 0 nays. 7. Quarterly Report from Pete Kampfer, Executive Director, Paris Economic Development Corporation. Pete Kampfer summarized Economic Development Components as being existing industry retention, recruitment and start-up. I, ,I 8. Consideration of and action on the following ordinances: Regular City Council Meeting October 8, 2007 Page 6 A. ORDINANCE NO. 2007-039: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 28-1, DEFINITIONS, SECTION 28-21, REMOVAL OF SIGNS BY CITY, AND ADOPTING A NEW SECTION 28-24, DIGITAL OR ELECTRONIC SIGNS, TO CHAPTER 28, SIGNS AND BILLBOARDS, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; PROVIDING NEW DEFINITIONS AND REGULATIONS FOR DIGITAL OR ELECTRONIC SIGNS AND CLARIFYING THE PROCEDURE FOR REMOVING AND DISPOSING OF ILLEGAL SIGNS PLACED IN THE PUBLIC RIGHT-OF- WAY; LIFTING THE MORATORIUM ON THE ISSUANCE OF PERMITS FOR THE CONSTRUCTION, RECONSTRUCTION, AND PLACEMENT OF DIGITAL OR ELECTRONIC SIGNS WITHIN THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A PENALTY CLAUSE, REPEALER CLAUSE, SEVERABILITY CLAUSE AND SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. A Motion to discuss this item was made by Council Member Biard and seconded by Council Member Brown. Council Member Biard said he had a problem in that there wasn't a definition for the brightness and intensity of the electronic signs. He further said he had spoken with Lisa Wright and it was his understanding that if the Ordinance was adopted tonight, that she would come back with a specific standard. Mayor Free1en inquired if he wanted to table the item until the full Council was in attendance, and that would allow Council to also schedule a public hearing. Kent McIlyar pointed out that the current moratorium would expire October 14th. Mayor Freelen asked if they could receive comment from the public and Kent McIlyar answered in the affirmative. James Martinez, 820 S.B. 4th Street, Paris, Texas, stated that next month the State was scheduled to vote on the brightness that had been tested by Texas Department of Transportation. Barbara Onstott, Vice President of Marketing for Datatronic Control, Inc., 5130 Dexham Road, Rowlett, Texas, stated that one important area that new industry looks at is City's advertising policy and how favorable the City is with regard to this type of advertising. She presented Council with a hand-out outlining different types of signs and the technology. Also, addressing the Council was Gary Forrest, Forrest Signs, 915 N. Main, who stated more research should be done prior to passing this ordinance. 1.1 Council Member Brown said he would prefer to have full Council in attendance prior to taking a vote. Council Member Biard said he would like to enact Section 28.21, because it would give the City authority to take down temporary signs that are placed in right-of-ways. Regular City Council Meeting October 8, 2007 Page 7 A Motion to approve the change to Section 28.21 for non-conforming signs and table the change to Section 28.24 until the next council meeting was made by Council Member Biard and seconded by Council Member Fisher. Council Member Biard expressed concern about not having a prohibition on electronic signs at the expiration ofthe moratorium. He asked Kent McIlyar if Council could extend the moratorium past October 14th. Kent said they could not, because that item was not posted. Mayor Freelen expressed a desire to review the new standards to be adopted by the State, prior to making a decision. Kent went on to say that he and Lisa Wright had reviewed many other city ordinances that addressed electronic and digital signs, and most of the cities used the "reasonable person type standard." Kent emphasized should the Council set those type of standards, that personnel will need to be trained to measure the brightness of the signs and they would need the proper equipment. Lisa Wright said she had read an article within the past week, and it was her understanding if cities do not regulate signs and billboards on their freeways the State will regulate them. Due to the fact that the moratorium was expiring on October 14th, Council Member Biard amended his Motion to approve both sections as submitted and bring it back to the next Council meeting for review. Council further discussed the expiration of the moratorium and the possibility of having a special meeting on October 12th. Council Member Biard amended his Motion to approve the change in Section 28.21 for non-conforming signs; to table the change to Section 28.24 for digital or electronic signs until the next meeting; and asked the Mayor to call a special meeting for Friday to extend the moratorium on electronic signs thru the next Council meeting. The Motion was seconded by Council Member Fisher. Motion carried, 4 ayes - 0 nays. 9. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2007-124: A RESOLUTION OF THE CITY OF PARIS, TEXAS, SUSPENDING THE OCTOBER 25,2007, EFFECTIVE DATE OF A TMOS ENERGY CORP., MID- TEX DIVISION REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND . , .1 Regular City Council Meeting October 8, 2007 Page 8 TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH A TMOS CITIES STEERING COMMITTEE AND OTHER CITIES IN THE A TMOS ENERGY CORP., MID- TEX DIVISION SERVICE AREA TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; REQUIRING REIMBURSEMENT OF CITIES' RATE CASE EXPENSES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BYLA W; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Brown and seconded by Council Member Fisher. Motion carried, 4 ayes - 0 nays. B. RESOLUTION NO. 2007-125: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A PROFESSIONAL SERVICES CONTRACT FOR GROUNDWATER MONITORING AND TESTING AT THE STILLHOUSE ROAD LANDFILL BETWEEN THE CITY OF PARIS AND WEA VER BOOS CONSULTANTS LLC; 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 Fisher and seconded by Council Member Biard. Motion carried, 4 ayes - 0 nays. C. RESOLUTION NO. 2007-126: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, RESCINDING RESOLUTION NO. 2007- 063 AND CONTRACT A WARD TO C & CONSTRUCTION COMPANY FOR THE CONTRACT FOR THE REPLACEMENT OF CONCRETE CURB & GUTTERS, DRIVEWAYS AND SIDEWALKS IN THE CITY OF PARIS AND AWARDING THE CONTRACT TO HILLIARD & SONS CONTRACTORS, INC., THE LOWEST RESPONSIBLE BIDDER; 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 Fisher and seconded by Council Member Brown. Motion carried, 4 ayes - 0 nays. Regular City Council Meeting October 8, 2007 Page 9 D. RESOLUTION NO. 2007-127: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) FOR THE TEMPORARY CLOSURE OF STATE RIGHT-OF-WAY IN SUPPORT OF THE 2007 FESTIVAL OF PUMPKINS; 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 Biard and seconded by Council Member Fisher. Motion carried, 4 ayes - 0 nays. 10. Possible future agenda items. As discussed earlier in the meeting, Mayor Freelen scheduled a special meeting for October 12,2007, at 5:00 p.m. Mayor Freelen requested that a public hearing be listed on the next Agenda, along with the Taxicab Franchise Ordinance. 11. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Kevin Carruth stated the Chamber of Commerce Banquet was being held on Thursday, October 11 th and asked that a table be purchased in the amount of $250.00. A Motion to approve said item was made by Council Member Brown and seconded by Council Member Fisher. Motion carried, 4 ayes - 0 nays. 12. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Biard and seconded by Council Member Fisher. Motion carried, 4 ayes - 0 nays. The meeting was adjourned at 7:50 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK