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04-A City Council Min 10-22-07 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS October 22, 2007 The City Council of the City of Paris met for a regular session at 6 :00 P. M. Monday, October 22,2007, 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; and Bill Strathern City Staff: Kevin Carruth, City Manager; Kent McIlyar, City Attorney; and Janice Ellis, City Clerk Absent: Council Members: Kevin Gray 1. Call meeting to order. Mayor Freelen called the meeting to order at 6:00 p.m. 2. Pledge of Allegiance and invocation. Gene Anderson gave the invocation and Council Member Fisher led the pledge. 3. Citizens Forum. Mayor Freelen announced that anyone in the audience who wished to speak about the sign ordinance would be allowed to do so under item Sc. He asked anyone wishing to speak about other items, to please come forward. No one spoke. 4. CONSENT AGENDA Mayor Freelen inquired if there were any items that Council Members wanted to pull from the Consent Agenda for discussion. Council Member Wilson said he would like to discuss the Monthly Financial Report. He inquired if the report was a final one and Gene Anderson said yes. Council Member Wilson also wanted to know if the taxes were going directly into the sinking fund and Gene Anderson answered in the affirmative. 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 4A, 4B, 4C, 4D and 4E, as follows: . --r rr-- Regular City Council Meeting October 22, 2007 Page 2 A. Approval of minutes from previous City Council meetings (10/8/07) B. Receipt of reports and/or minutes from committees, boards, and commissions. C. Review, and acceptance of Monthly Financial Report. D. Quarterly Investment Report. E. Informational Reports from City Departments. Council Member Wilson made a Motion to bring item 8C forward and Council Member Fisher seconded the Motion. Motion carried, 6 ayes - 0 nays. 8. C. ORDINANCE NO. 2007-041: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 28-1, DEFINITIONS, AND ADOPTING A NEW SECTION 28-24, ELECTRONIC SIGNS AND SECTION 28- 25, NONCONFORMING 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 ELECTRONIC SIGNS; LIFTING THE MORATORIUM ON THE ISSUANCE OF PERMITS FOR THE CONSTRUCTION, RECONSTRUCTION, AND PLACEMENT OF ELECTRONIC SIGNS WITHIN T~E 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. Council Member Wilson made a Motion to discuss this item and Council Member Fisher seconded the Motion. Motion carried, 6 ayes - 0 nays. Mayor Freelen asked for anyone who wished to speak about this item, to please come forward. Joe Igelhart, Lamar National Bank - stated they had invested $25,000.00 in their electronic sign and they used it for public service. He also stated if they had to go to an eight second interval, they would have to use the sign for time and temperature only. Terry Christian, President of Peoples National Bank - reiterated the statements made by Joe Igelhart. In addition, he said the bank had invested $85,000.00 in their sign and asked Council to consider grandfathering signs already in existence. Michelle Wall, representative for Paris High PTO - stated they raised $32,000.00 for their sign, and that the sign served as a reminder to parents of upcoming events. .r r 1T" -- Regular City Council Meeting October 22, 2007 Page 3 Carrie Taylor, President of Paris High PTO - reiterated Ms. Wall's comments and stated the PTO investigated what other schools did prior to raising money for the sign. Rhonda Rogers, representative for Paris High PTO - she said the sign ordinance would not be good for businesses, tourism and the community. Jeanie Kraft - stated that the signs were good for marketing, that Paris High School was going to build a new school, and they wanted a sign with animation capabilities. She said they use the animation to congratulate kids for their achievements. Greg Parks, owner of Carpet World - he said the signs help businesses. Gene Ray, formerly in the sign business - he said this ordinance would hurt the economy of Paris, because it would stop people from coming to Paris. Doreen Ruthart - she said they had spent over $30,000.00 for their sign and she opposed the eight second rule. Mayor Freelen said the Council had to make difficult decisions and those decisions do not always make everyone happy. He went on to say that Council had asked the Task Force on Code Enforcement to review and make recommendations regarding regulation of signs, and the Task Force had submitted their recommendations. Council Member Wilson said the Task Force spent an entire meeting discussing regulation of electronic signs. He also said that staff had obtained information from six other communities regarding their regulations. Council Member Wilson reported that some cities require longer intervals and some cities had banned the electronic signs altogether. After careful review of the information presented, the Task Force unanimously voted to move from fifteen second intervals to eight second intervals. Council Member Wilson said CVS was running their sign in ten second intervals. Council Member Brown stated he had a problem with no scrolling and the eight second interval. Council Member Strathem stated he had a problem telling businesses how to use their signs, when they had already made an investment for the purchase of their signs. Mayor Freelen inquired when the State was going to make a decision on regulation of signs. Kent McIlyar informed the Council that a public hearing was scheduled for November 28th at TxDOT headquarters in Austin, Texas. He also informed Council that TxDOT' s proposed rules would apply to electronic signs located on state highways inside corporate city limits, but that these rules would not supersede the City's electronic sign regulations. Citizens, City Staff, and City Council discussed at length grandfathering existing electronic signs, providing for nonconforming signs, variances, animation, condensing of the displayed messages, length of interval time between messages, allowance oflonger intervals for public service announcements, and size of the signs. ..r rlr - Regular City Council Meeting October 22, 2007 Page 4 Kent McIlyar referred Council to Section 28-24 subsection 5 ofthe proposed Ordinance and stated that Council would need to choose an option pertaining to prohibition of electronic signs in historic districts, as well as electronic signs facing historic districts and residential zoning. He defined the options as follows: (Option 1) not allowing electronic signs to be located in historic districts or residentially zoned districts within the City of Paris; or (Option 2) not allowing electronic signs in historic districts and not allowing electronic signs to face or be located within feet [distance to be determined by City Council] of an existing residence, residentially zone district, or historic district. Council Member Wilson preferred option 2 with 150 feet, while Council Members Biard and Strathem favored option 1. Council Member Wilson made a Motion to pass the Ordinance with a clause that would treat electronic signs with public service messages as nonconforming uses. Mayor Freelen stated the only time they would be limited to the eight seconds would be on commercial messages. Several citizens stated they bought the signs for advertisement purposes and that eight second intervals was too long for them. Council Member Wilson said if they do not have the size and capabilities of running a message image that could be held for eight seconds, they would be grandfathered and could continue to scroll. Council Member Strathem said he was not in agreement with limiting the message to eight second intervals for existing signs. Council Member Brown said he wished the people speaking at the Council meeting would have been at the Task Force meeting. Council Member Fisher made a Motion to adopt the proposed electronic sign ordinance with an amendment to grandfather all existing electronic signs in the city limits and the Motion was seconded by Council Member Strathem. Motion failed, 3 ayes - 2 nays, with Council Member Wilson and Council Member Brown casting the dissenting votes. Council Member Biard did not vote. Council Member Biard made a Motion to pass the Ordinance as presented as it applied to new applications for permits and new installation for new signs. He further included in his Motion that the City not regulate existing signs at that time, but reserve the right to do so in the future. Council Member Wilson seconded the Motion. After additional discussion, Council Member Biard said they also needed to choose one ofthe two options as pointed out by Kent McIlyar. Council Member Biard amended his Motion to approve the Ordinance as it applies to new signs only, that the City not regulate existing electronic signs and the election of option 2 with a distance of 150 feet. Kent McIlyar informed Council a section dealing with nonconforming signs would need to be added to the Ordinance, so the public knows how the City is going to deal with their nonconforming signs. Lisa Wright added that the City needs to be able to regulate the brightness on existing signs, because of the complaints received about some of the animated signs mimicking emergency vehicle lights. Council Member Brown inquired about an Ordinance already in place in T rr-- Regular City Council Meeting October 22, 2007 Page 5 which those types of signs could be declared a nuisance. Kevin Carruth expressed concern about not regulating existing signs, because that would allow anything. Kent McIlyar stated the existing electronic signs could be considered as nonconforming signs, because it was a recognized principle in the law. Mayor Freelen asked Kent how they could accomplish this. Kent said they could add the standard nonconforming language as follows: "A nonconforming electronic sign and its support structure which is destroyed, damaged, dilapidated or deteriorated shall not be replaced, repaired or renovated, in whole or in part, if such replacement, repair or renovation would require an expenditure of monies in excess of sixty percent (60%) of the cost of a new sign, including its support structure, which is substantially the same or similar to the nonconforming sign destroyed, damaged, dilapidated, or deteriorated." Mayor Freelen inquired about the brightness issue. Kent said the Ordinance contains a section dealing with nuisance signs and part of nuisance can be excessive glare. He further stated that any signs going up from this day forward would be regulated under the new provisions of the Sign Ordinance. Council Member Biard amended his Motion to pass the Ordinance as presented as it applied to new applications for permits and new installation for new signs and that the existing electronic signs be grandfathered. In his Motion he included option 2 with 150 feet. Council Member Wilson seconded the Motion. Motion failed, 3 ayes - 3 nays, with Council Member Strathern, Council Member Fisher, and Council Member Brown casting the dissenting votes. Council Member Biard made a Motion to approve the Sign Ordinance for all future signs, selection of option 2 with a distance of 150 feet, and that they grandfather all existing electronic signs. Council Member Fisher seconded the Motion. Motion carried, 4 ayes - 2 nays, with Council Member Strathern and Council Member Brown casting the dissenting votes. 5. Second Reading - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY PARIS, TEXAS, GRANTING TO STEVE B. RANEY AND WENDY L. RANEY, DBA YELLOW CAB COMP ANY, AN EXTENSION OF AN EXISTING FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR A PERIOD OF ONE (1) YEAR, BEGINNING JANUARY 11, 2008, THE DATE OF TERMINATION OF THE EXISTING FRANCHISE, AND ENDING JANUARY 10,2009, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULA TION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE FOR SUCH PRIVILEGE AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR MINIMUM LIABILITY INSURANCE REQUIREMENTS FOR GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS . T T.~ .~_. Regular City Council Meeting October 22, 2007 Page 6 VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AND EFFECTIVE DATE. Kevin Carruth informed Council that all three of the cab companies were current on their franchise fees and had provided the required proof of insurance. Mayor Freelen opened the public hearing and asked for anyone who wished to speak, to please come forward. With no one speaking, Mayor Freelen closed the public hearing. 6. Second Reading - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY PARIS, TEXAS, GRANTING TO STEVE B. RANEY AND WENDY L. RANEY, DBA CITY CAB COMPANY, AN EXTENSION OF AN EXISTING FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR A PERIOD OF ONE (1) YEAR, BEGINNING JANUARY 11,2008, THE DATE OF TERMINATION OF THE EXISTING FRANCHISE, AND ENDING JANUARY 10, 2009, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE FOR SUCH PRIVILEGE AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR MINIMUM LIABILITY INSURANCE REQUIREMENTS FOR GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AND EFFECTIVE DATE. Mayor Freelen opened the public hearing and asked for anyone who wished to speak, to please come forward. With no one speaking, Mayor Freelen closed the public hearing. 7. Second Reading - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY PARIS, TEXAS, GRANTING TO DAVID THOMPSON, DBA LONE STAR CAB COMPANY, AN EXTENSION OF AN EXISTING FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR A PERIOD OF ONE (1) YEAR, BEGINNING JANUARY 11, 2008, THE DATE OF TERMINATION OF THE EXISTING FRANCHISE, AND ENDING JANUARY 10, 2009, UPON THE TERMS AND CONDITIONS .._. -'T T~'Tr--' Regular City Council Meeting October 22, 2007 Page 7 HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE FOR SUCH PRIVILEGE AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR MINIMUM LIABILITY INSURANCE REQUIREMENTS FOR GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AND EFFECTIVE DATE. Mayor Freelen opened the public hearing and asked for anyone who wished to speak, to please come forward. With no one speaking, Mayor Freelen closed the public hearing. 8. Consideration of and action on the following ordinances: A. ORDINANCE NO. 2007 -042: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, IMPOSING A MORATORIUM ON THE ISSUANCE OF PERMITS FOR THE CONSTRUCTION, RECONSTRUCTION, AND PLACEMENT OF BILLBOARDS AND OFF-PREMISES SIGNS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS FOR A PERIOD OF NINETY (90) DAYS FROM AND AFTER OCTOBER 22,2007; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DEVELOP NEW REGULATIONS FOR BILLBOARDS 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 REPEALER CLAUSE, SEVERABILITY CLAUSE, SAVINGS CLAUSE AND PENALTY CLAUSE; 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 Brown. Mayor Freelen explained that the ninety days would allow citizens to meet with the Task Force prior to the Task Force making recommendations on billboard and off premises sign regulations to the Council. Motion carried, 6 ayes - 0 nays. B. ORDINANCE NO. 2007-043: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 19-16 DEFINITIONS, SECTION -_. or rr-- Regular City Council Meeting October 22, 2007 Page 8 I 9-20(a) NOTICE, AND SECTION 19-21 HEARING PRIOR TO ABATEMENT OF NUISANCE BY CITY, OF CHAPTER 19, ARTICLE II JUNKED VEHICLES OF THE CODE OF ORDINANCES OF THE CITY OF PARIS; AMENDING THE DEFINITION FOR A JUNKED VEHICLE; PROVIDING THAT NOTICE PRIOR TO ABATEMENT INCLUDE DELIVERY BY UNITED STATES POSTAL SERVICE WITH SIGNATURE CONFIRMATION SERVICE; PROVIDING FOR A HEARING ON REQUEST OF A PERSON WHO RECEIVES NOTICE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member Wilson and seconded by Council Member Brown. There was discussion regarding collector vehicles and Lisa Wright stated there was a provision in the Ordinance covering those types of vehicles. There was discussion regarding the definition of jurlked vehicle, specifically section 19-16( 1 )a. . Council Member Strathem left the meeting at 8:55 p.m. Council Member Wilson stated he wanted the vehicle to be construed as a junked vehicle if either the unexpired license plate or the current inspection sticker was missing. He emphasized that he did not want it to be a requirement that both had to be missing to be a junk vehicle. He asked Kent McIlyar if the word "and" or the word "or" was necessary to accomplish this. Kent McIlyar said it could be written either way. Council Member Wilson asked Kent to make sure it is written so that one or the other was required, not both. Kent said he would do so. Motion carried, 5 ayes - 0 nays. 9. Consideration of and action on the following resolutions: A. RESOLUTION NO. 2007-129: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ESTABLISHING A PROCEDURE AND APPROVING A FORM TO BE USED FOR CITIZEN REQUESTS TO APPEAR BEFORE THE COUNCIL; 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 Brown and seconded by Council Member Wilson. Motion carried, 5 ayes - 0 nays. "T T"~'ir" --" Regular City Council Meeting October 22, 2007 Page 9 B. RESOLUTION NO. 2007 -130: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; AUTHORIZING AND APPROVING A TEXAS DEP ARTMENT OF TRANSPORT A TION AND KIAMICHIRAILROAD PROJECT AT THE RAILROAD CROSSING ON GRAHAM STREET BETWEEN 11TH NW AND 12THNW; 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 Biard and seconded by Council Member Fisher. Motion carried, 5 ayes - 0 nays. 10. Possible future agenda items. There were none. 11. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Fisher and seconded by Council Member Biard. Motion carried, 5 ayes - 0 nays. The meeting was adjourned at 9:00 p.m. JESSE JAMESFREELEN, MAYOR JANICE ELLIS, CITY CLERK T rr-