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06 Approval of Offical Record of CouncilCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submitzal Date: 02/ 16/09 Originating Department Presented By: Agenda Item No.: Council Date: 02/23/09 City Clerk Janice Ellis RECOMMENDED MOTION: Motion to approve as presented. PoLicY IssuE(s): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meeting of February 9, 2009. BOARD/COMMISSION RECOMMENDATION: E XHIBITS: The attached minutes from the meeting of February 9, 2009 AC1"ION: BUDGET INFO: ❑ Financial Report Z Minute Chder D Expense $ ❑ ❑ epartrnent Report Pre t ti ❑ Resolution O di Budgeted Amt $ sen a on ❑ n nance ❑ Public Hearin ❑ Oth yTD Actual $ g er Acct Name Acct Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z A,dministration [D City C1erk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Woxks ❑ Utilities City of Paris Revised 2/04/08 - OOUOO~z REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS February 9, 2009 The City Council of the City of Paris met for a regular session at 5:00 P.M. on Monday, February 9, 2009, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Joe McCarthy; Kevin Kear; Stephen Brown; Will Biard; Edwin Pickle; and Rhonda Rogers City Staff: Kevin Carruth, City Manager; Kent McIlyar, City Attorney; Janice Ellis, City Clerk; Shawn Napier, City Engineer; Ronnie Grooms; Fire Chief; Doug Harris, Director of Utilities; Priscilla McAnally and Bob Hundley, Assistant Police Chief Opening Agenda Call meeting to order. Mayor Freelen called the meeting to order at 5:05 p.m. 2. Invocation. Council Member Pickle gave the invocation. 3. Pledge of Allegiance. Council Member Biard led the pledge. 4. Citizens' forum. Bee Garmon, 424-17th N.E. - extended an invitation to the Keep Paris Beautiful retreat scheduled for Friday, February 13`'' at 8: 30 a.m. Kerry Washington, 12374 FM1497 - stated he was arrested on theft charges filed by the City, that the District Attorney's Office dismissed the case, and asked why he could not have his job back. John House, 1446 Clarksville - expressed concern about fire protection near his business. Council Member Rogers - expressed appreciation to the Fire and Police Departments for their timely and professional response to the smoke at First Baptist Church February 1, 2009. . (aUUU05 Regular City Council Meeting February 9, 2009 Page 2 5. Announcements. a. Proclamation declaring the month of February as Scouting Anniversary Month. Mayor Freelen read the proclamation and presented it to the assembled Boy Scouts and Scout Leaders. Consent Agenda Subject to the minutes of January 12, 2009, being corrected to reflect that an existing business that was expanding by more than 50 percent would be required to pave its parking lot in order to obtain a building permit, Council Member McCarthy made a Motion to approve the Consent Agenda and Council Member Kear seconded the Motion. The Council voted seven (7) for and none (0) opposed to approve and adopt Consent Agenda ltems 6, 7, 8, 9, 10, and 11. 6. Deliberate and act on the approval of minutes from the meetings on January 12, 2009 and January 26, 2009. 7. Receive and deliberate on reports and/or minutes from the following boards, cominissions, and cornmittees: a. Main Street Advisory Board (8-5-08; 9-16-08; 11-11-08; 12-16-08) b. Paris Public Library Advisory Board (12-17-08) 8. Deliberate on drainage ditch maintenance report. Mayor Freelen commended Shawn Napier for the work completed on drainage ditch maintenance. 9. Deliberate an Casa Bonita demolition project. 10. Deliberate on One Oak apartment complex. Kevin Carruth told Council that Brady Environmental was developing specs for the bids and once received, staff could advertise for bids. 11. RESOLUTION NO. 2009-010: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ORDERING THE REGULAR MUNICIPAL ELECTION FOR THE CITY OF PARIS, TEXAS, TO BE HELD ON THE SECOND SATURDAY IN MAY 2009, SAME BEING THE 9TH DAY OF MAY 2009, FOR THE PURPOSE OF ELECTiNG MEMBERS OF THE PARIS CITY COUNCIL 1N DISTRICTS 4, 5, & 7 FOR THE ENSUING TWO YEARS; DESIGNATING POLLING PLACES; ORDERING N4TICES . U0 U0 u Regular City Council Meeting February 9, 2009 Page 3 OF ELECTION TO BE GIVEN; AND DECLARING AN EFFECTIVE DATE. Regular Agenda 12. Deliberate on status of disconnection of utilities from demolition houses. City Council heard from Jeanette Moser of Atmos Energy and Stan McKee of Oncor, who made requests of City Staff as to the procedure and time frame of notifying them of the houses in which service needed to be disconnected. Ms. Moser said there had been confusion, because of the change in staff from Atmos and the City. Mr. McKee said he had not been aware of the situation. 13. Deliberate and act on the Preliminary Plat of Lot l, Block A, Thomas Addition, being number 3210 Lamar Avenue. A Motion to approve this item was made by Council Member Pickle and seconded by Council Member Brown. Motion carried, 7 ayes - 0 nays. 14. Deliberate and act on the Preliminary Plat of Lot 1, Block A, Chisum I.S.D. Addition 339, being number 3250 Church Street. A Motion to consider and act on items 14, 15 and 16 simultaneously was rnade by Council Member Biard and seconded by Council Member Pickle. Motion carried, 7 ayes - 0 nays. Mayor Freelen said that the school district was adding science labs to their campus. He inquired if staff was going to require Chisum to put in curbs and gutters for this project, because Chisum was built prior to being annexed into the City. City Engineer Shawn Napier said that the ordinance required them to do so, unless a variance was granted. A Motion to approve items 14, 15 and 16 was made by Council Member Biard and seconded by Council Member McCarthy. Motion carried, 7 ayes - 0 nays. 15. Deliberate and act on a curb and gutter variance reyuest from Chisum I.S.D. on a proposed plat of property. 16. Deliberate and act on the Final Plat of Lot 1, Block A, Chisum I.S.D. Addition 339, being number 3250 Church Street. 17. First reading and deliberate on an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, GRANTING TO STEVE B. RANEY AND WENDY L. RANEY, DBA YELLOW 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 UOODU~ Regular City Council Meeting February 9, 2009 Page 4 FOR A PER10D OF ONE(1) YEAR, BEGINNING JANUARY 11, 2009, THE DATE OF TERMINATION OF THE EXISTING FRANCHISE, AND ENDING JANUARY 10, 2010, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE FOR SUCH PRNILEGE AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS F4R 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 AN EFFECTIVE DATE. 18. First reading and deliberate on an ORDINANCE OF THE CITY COLTNCIL OF THE CITY OF 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, 2009, THE DATE OF TERMINATION OF THE EXISTING FRANCHISE, AND ENDING JANUARY 10, 2010, 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 AN EFFECTNE DATE. 19. First reading and deliberate on an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 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, 2009, THE DATE OF TERMINATION OF THE EXISTING FRANCHISE, AND ENDING JANUARY 10, 2010, 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 . OODUO31 Regular City Council Meeting February 9, 2009 Page 5 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 AN EFFECTIVE DATE. Council Member Rogers said the cab companies since at least 1987 had been paying a$50.00 fee for each vehicle. Council Member Rogers further said Council might want to consider raising the fee, but did not want to put the companies out of business. She said the City Clerk had checked with other cities and learned that three cities did not have taxi cab service and one city charged a lesser fee than the City of Paris. Council Member Rogers also inquired about the possibility of having the cab companies pay their franchise fees up front as opposed to the end of the year. Items 17, 18 and 19 will be placed on the February 23`d Agenda for a second reading. 20. First reading, deliberate and possibly act on an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE TRAFFIC MAP ADOPTED IN SECTION 31-65 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; EXTENDING THE NO PARKING AREA ON THE EAST SIDE OF 35TH STREET NE FROM THE 300 BLOCK THROUGH THE 400 BLOCK; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. This item will be placed on the February 23rd Agenda for a second reading and action. 21. First reading, deliberate and possibly act on an ORDINANCE OF THE CITY COlTNCIL OF THE CIT'Y OF PARIS, TEXAS, AMENDING SECTION 5-7, LIMITATIONS ON KEEPING LIVESTOCK-GENERALLY, OF CHAPTER 5, ANIMALS AND FOWLS, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; CHANGING THE RATIO OF ANIMALS TO AREA; PROVIDING FOR A ONE YEAR COMPLIANCE PERIOD; 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. Council discussed the changes in the ordinance as being primarily limiting the number of large animals to one for a minimum of one-half acre and an additional two acres for every one head added after the first. City Attorney Kent McIlyar infarmed City Council that the Task Force had recommended that enforcement of this ordinance be postponed for a period of twelve months once passed. Mr. McIlyar said that the Task Force wanted to give citizens time to make arrangements for their animals. This item will be placed on the February 23ra Agenda for a second reading and action. . OtIUGU~ Regular City Council Meeting February 9, 2009 Page 6 22. First reading, deliberate and possibly act on an ORDINANCE OF THE CITY COLINCIL OF THE CITY OF PARIS TEXAS, AMENDING SUBSECTION 10-110 PAVING STANDARDS, OF SECTION 10-100 OFF-STREET PARKING AND LOADING REGULATIONS OF ORDINANCE N0.1710, THE ZONING ORDINANCE OF THE CITY OF PARIS, TEXAS; PROVIDING FOR EXEMPTING EXISTING BUSINESSES FROM REQUIREMENT OF PAVED PARKING; 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. Council Member Rogers said she did not think this ordinance was good for the City, because having the parking lots paved would help clean up the City. Mayor Freelen and Council Member Biard expressed concern for loss of potential new businesses because of the cost of having to pave parking lots. Council Member Pickle said he was comfortable in the way the ordinance was written, because it called for paving parking lots when an existing business applied for a pennit to expand or enlarge their business by more than fifty percent. Council Member Biard also said he was comfortable with it. This item will be placed on the February 23ra Agenda for a second reading and action. 23. Deliberate and act on the status of a building permit for John House d/b/a Paris Extended Stay Suites, 1518 Lamar Avene. Mayor Freelen said this item was requested by Council Members Biard and Brown. Mayor Freelen expressed concern about being inconsistent, because last summer an organization had a similar request and the organization was told that they would need to take care of the cost of laying additional water lines to their location. Council Member Biard agreed that they did not need to show favoritism. John House complained about the permitting process prior to the City engaging the services of Bureau Veritas. Several Council Members also complained about the prior permitting process. Fire Chief Ronnie Grooms, Fire Marshall Dale Mayberry and Vance Woodard addressed sprinkler issues and urged Council to adopt the 2006 fire codes. Council also heard from Ty Chapman of Bureau Veritas, who explained that Mr. House had a list of items that he could do to his building without the permit. Mr. Chapman also explained what would need to be done in order for a permit to be issued to Mr. House. After additional discussion, it was a consensus of Council to allow Mr. House to proceed with interior electrical rough in, plumbing top out, mechanical rough, framing, exterior masonry, and egress stairs. It was decided that Mr. House would not be allowed to proceed beyond the approved items nor allowed to install any fire related piping, wiring, etc. until after complete sprinkler and alarm plans, as well as plans for fire lanes and the underground fire main had been reviewed and approved. Mr. House was also directed to use Bureau Veritas as the single point of contact for the City and required to acknowledge receipt and acceptance of a letter detailing these requirements. - D(10 01(j Regular City Council Meeting February 9, 2009 Page 7 24. Deliberate on Cauncil Member agenda item request form and procedure. Mayor Freelen reminded Council Members to adhere to the Council approved deadline for requesting items to be placed on an agenda 12 days before the meeting. Council Members said they would make an effort to do so. 25. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. None were referenced. Council was reminded of the Council-staff workshop facilitated by Mr. Mike Conduff on February 19th. 26. Adjournment. There being no further business, a Motion to adjourn was made by Council Member McCarthy and seconded by Council Meinber Biard. Motion carried, 7 ayes - 0 nays. The meeting was adjourned at 7:53 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK « U(1U01i.