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05-council minutes from 11/9/09CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 12/00/09 Council Date: 12/ 14/09 Originating Department: City Clerk Presented By: Janice Ellis Agenda Item No.: 5. RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE(S): Approval of Official Record of Council. BACKGROUND: Council Minutes from the meeting of November 9, 2009. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: The attached minutes from the meeting. ACTION: BUDGET INFO: ❑ Financial Report ~ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Finance ❑ Fire ❑ Utilities City of Paris ~ v W ~ i Revised 2/04/08 1 REGULAR MEETING OF THE CITY COUNCIL, CITY OF PARIS November 9, 2009 The City Council of the City of Paris met for a regular session at 5:30 P.M. on Monday, November 9, 2009, at the City Council Chamber, 107 E. Kaufinan, Paris, Texas. Present: Mayor: Jesse James Freelen Council Members: Joe McCarthy; Kevin Kear; Will Biard; Edwin Pickle; and Rhonda Rogers City Staff: Kevin Carruth, City Manager; Kent McIlyar, City Attorney; Janice Ellis, Gity Clerk; Gene Anderson, Finance Director; Shawn Napier, City Engineer; Bob Hundley, Police Chief; and Ronnie Grooms, Fire Chief Absent: Council Member: Stephen Brown Openiny- Agenda Call meeting to order. Mayor Freelen called the meeting to order at 5:30 p.m. 2. Invocation. Chief Ronnie Grooms gave the invocation. 3. Pledge of Allegiance. Council Member Biard led the pledge. Council Member Kear arrived to the meeting at 5:32 p.m. 4. Citizens' forum. Mike Chambliss, 120 S.E. 481h Street - he began speaking about item 9, but Mayor Freelen told him if he waited until the public hearing was opened that his questions could be answered and he would have more time to speak. Consent A2enda Council Member Biard made a Motion to approve the Consent Agenda and Council Member Rogers seconded the Motion. The Council voted six (6) for and none (0) opposed to approve and , ~ ~ t; c. Regular City Council Meeting November 9, 2009 Page 2 adopt Consent Agenda Items 5, 6, 7 and 8 as follows: Deliberate and act on the approval af minutes from the meetings on October 26, 2009 and November 2, 2009. 6. Receive and deliberate on reports and/or minutes from the following boards, commissions, and committees: a. Planning and Zoning Commission minutes (10-5-09) b. Paris Historic Preservation Commission (10-14-09) 7. Deliberate on drainage ditch maintenance report. 8. Deliberate on the health insurance proposals. Regular Agenda 9. Public hearing, first reading, deliberate and act on ORDINANCE NO. 2009-048: 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 REZONE A 48.07 TRACT OF LAND BE1NG A PART OF THE JOSHUA MOORE HEADRIGHT SURVEY, ABSTRACT NO. 571, LOCATED IN THE 100 BLOCK OF 47T'' STREET SE, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT (A) TO A ONE-FAMILY DWELLiNG DISTRICT NO. 2 (SF-2) WITH A SPECIFIC USE PERMIT (20) HOSPITAL, CONVALESCENT HOME, RESIDENCE HOME FOR THE AGED; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING NIAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILTTY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. Mayor Freelen opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. On behalf of the owner, Mark Hussey spoke in support of this item. Mayor Freelen asked for anyone wishing to speak in opposition of this item, to please come forward. Mike Chambliss spoke in opposition to the zoning change citing his concern far loss of privacy and a decrease in property value. With no one else speaking, Mayor Freelen closed the public hearing. Council Member Rogers said the plan called for development of 7.58 acres and inquired about the remaining 41 acres. Mr. Hussey said they planned to zone it back to an agricultural district. Council Member Rogers expressed concern that additional nursing homes could be built on the remaining tract if not re-zoned. Mayor Freelen questioned the decrease of the value of surrounding residential property. Mr. Hussey said they did not have any historical data that would reflect a Regular City Council Meeting November 9, 2009 Page 3 decrease in property values. In answer to Mr. Chambliss' questions, Mr. Hussey said at the current time they did not have any intention of widening the road and they were not planning on erecting any fences. City Attorney Kent McIlyar asked Mr. Hussey if they had a legal description of the smaller tract of land and Mr. Hussey answered in the affirmative. Mr. McIlyar told Council they had an option of re-zoning the smaller tract of land without re-zoning the remaining 41 acres. A Motion to invoke the super maj ority rule was made by Council Member Biard and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. Contingent upon receipt of the mete and bounds descriptian for the 7.58 acres, a Motion to approve the zoning change for the 7.58 acre tract was made by Council Member Biard and seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. 10. Deliberate and act on the Preliminary Plat and the Final Plat of Lot 1, Block A, Ray's Place Addition CB 78, located at 601 North Main Street. A Motion to approve the Preliminary Plat and Final Plat was made by Council Member Biard and seconded by Council Member Pickle. Motion carried, 6 ayes - 0 nays. 11. First reading and deliberate on an ORDINANCE OF THE CITY COIJNCIL OF THE CITY OF AARIS, 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 FOR A PERIOD OF ONE (1) YEAR, BEGINNING JANUARY 11, 2010 AND ENDING JANUARY 10, 2011, 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 1NSURANCE REQUIRED FOR GRANTEE; PROVIDING FOR THE SUPERVISION OF SAID BUSINESS AND INSPECTION OF 1TS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AN EFFECTNE DATE. A Motion to combine items 11, 12 and 13 was made by Council Member Pickle and seconded by Council Member McCarthy. Motion carried, 6 ayes - 0 nays. Items 11, ] 2 and 13 were not action items due to the Charter requirement of three readings. 12. First reading and deliberate on an ORDINANCE OF THE CITY COUNCIL OF THE CITY # Regular City Council Meeting November 9, 2009 Page 4 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 TRAN SPORTING PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR A PERIOD OF ONE (l) YEAR, BEGINNING JANUARY 11, 2010 AND ENDING JANUARY 10, 2011, 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 REQUIRED 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. 13. 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, 2010 AND ENDING JANUARY 10, 2011, 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 1NSURANCE REQUIRED 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. 14. First reading, deliberate and act on ORDINANCE NO. 2009-049: AN ORDINANCE OF THE CITY COUNCIL OF THE C1TY OF PARIS, TEXAS, EXTENDING AN ADDITIONAL NINETY (90) DAY MORATORIUM ON THE ISSUANCE OF PERMITS UNDER THE CITY CODE OF ORDINANCES AND SPECIFIC USE PERMITS UNDER THE CITY ZONING ORDINANCE FOR THE PLACEMENT OF MOBILE HOMES OR HUD-CODE MANUFACTURED HOMES ON ANY PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF PARIS, TEXAS; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO WORK WITH THE PLANNING AND ZONING COMMISSION TOWARD DEVELOPING NEW REGULATIONS FOR MOBILE HOMES AND HUD-CODE MANUFACTURED HOMES TO BE PRESENTED TO THE CITY Regular City Council Meeting November 9, 2009 Page 5 COUNCIL; PROVIDING A PENALTY CLAUSE, SAVINGS CLAUSE, REPEALER CLAUSE, SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A Motion to invoke the super majority rule was made by Council Member Biard and seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. A Motion to extend the moratorium for a period of ninety days was made by Council Member Rogers and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays. 15. Publie hearing, first reading, deliberate and possibly act on an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING A REVISED DROUGHT CONTINGENCY PLAN, ESTABLISHING CRITERIA FOR THE iNITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCENIENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Freelen opened the public hearing and asked for anyone wishing to speak in support of this item, to please come forward. Mayor Freelen asked for anyone wishing to speak in opposition of this item, to please came forward. With no one speaking, Mayor Freelen closed the public hearing. This item was scheduled for a second reading at the December 14 meeting. 16. Deliberate and act on RESOLUTION NO. 2009-115: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING A REVISED WATER CONSERVATION PLAN FOR THE CITY OF PARIS IN ACCORDANCE WITH THE REQUIREMENTS OF T1TLE 30, TEXAS ADMINISTRATIVE CODE, CHAPTER 288, SUB-CHAPTERS A AND B; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL PRIOR WATER CONSERVATION PLANS IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A Motion to approve this item was made by Council Member McCarthy and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays. 17. Deliberate and act on RESOLUTION NO. 2009-116: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; IN SUPPORT OF THE APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AN ENHANCEMENT PROGRAM GRANT, BY THE COUNTY OF LAMAR, TEXAS, FOR FUNDS TO EXTEND THE EXISTING TRAIL DE PARIS A DISTANCE OF APPROXIMATELY 4.7 f ~ ~ Regular City Council Meeting November 9, 2009 Fage 6 MILES FROM THE EAST CITY LIMITS OF RENO THROUGH BLOSSOM TO BO1S D' ARC STREET; 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 Pickle and seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. 18. Deliberate and act on RESOLUTTON NO. 2009-117: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING AN APPLICATION FOR FUNDING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR THE SAFE ROUTES TO SCHOOLS INFRASTRUCTURE GRANT PROGRAM FOR INFRASTRUCTURE IMPROVEMENTS TO CREATE A SAFE ENVIRONMENT FOR CHILDREN TO BE ABLE TO WALK OR RIDE BIKES TO AND FROM SCHOOLS 1N THE PARIS INDEPENDENT SCHOOL DISTRICT; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UFON NOTICE THEREOF; 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 Pickle. Motion carried, 6 ayes - 0 nays. 19. Deliberate and possibly take action on certificates of obligation and refunding bond issues. Council Member Pickle questioned whether or not the City could save money on refunding the 1998 and 2001 bond series. Mr. Anderson said he would contact Dan Almon to come to a future meeting to answer additional questions. Mayor Freelen inquired about moving forward with the bond refunding of the bonds in which they could save maney. A Motion to move forward on refunding the bonds that could save the City money was made by Council Member Biard and seconded by Council Member Rogers. Motion carried, 6 ayes - 0 nays. Mayor Freelen inquired about the funding of the Collegiate Drive Project. A Motion to issue certificates of obligation for the Collegiate Drive Project was made by Council Member Rogers and seconded by Council Member Kear. Motion carried, 4 ayes - 2 nays, with Council Members Biard and Council Member Pickle casting the dissenting votes. 20. Receive and deliberate on status of Capital Improvement progress. Shawn Napier told Council that the CR 32900 bridge had been demolished and that he Regular City Council Meeting November 9, 2009 Page 7 expected to issue a request for bids for the replacement bridge in the summer of 2010. In addition, Mr. Napier stated that Hayter Engineering was preparing the specs for the Lake Crook pier and expeeted bids to be let in spring 2010. 21. Deliberate on presentation by Pacer Energy Marketing, LLC on a TCEQ Air Quality Permit Application for a fuel loading facility proposed near the railroad crossing at W. Washington Street. City Council heard a presentation by Pacer Energy for a proposed crude oil loading facility. Council Members expressed concern about the environment, public health, impact on the Chisum burial site, and the potential impact on growth of other businesses in that area. 22. Deliberate and act on the contract with Bureau Veritas and einployment of Building Official and/or Inspector. Council Member Biard said that he had asked for this item, because they discussed it during budget time. He said the three complaints he had received were that it took too much time to get a building permit and the policing of unlicensed contractors. Kevin Carruth asked that Council Member Biard get with him to get the specific details, so that staff could check into the matters. Mr. Carruth gave an example where it took a long time to get a permit, because the property owner's architect was delaying it. Mr. Carruth and Lee Swaim, Bureau Veritas Inspector, both said that Bureau Veritas does stop and ask to see permits when they notice work being done that they are not aware of and that Bureau Veritas does ask contractors to praduce their professional licenses when inspections are done. It was a consensus of Council to obtain a breakdown of the cost of Bureau Veritas thus far and continue until they had twelve months worth of data to evaluate. 23. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Council Member Rogers reminded everyone of the ribbon cutting at the site of Red River Valley Veterans Memorial on Wednesday at 2:00 p.m. Mr. Carruth said there was going to be a ribbon cutting for the new Subway downtown on Tuesday at 10:00 a.m. 24. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Biard and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 7:10 p.m. JESSE JAMES FREELEN, MAYOR ~ u Regular City Council Meeting November 9, 2009 Page 7 expected to issue a request for bids for the replacement bridge in the summer of 2010. In addition, Mr. Napier stated that Hayter Engineering was preparing the specs for the Lake Crook pier and expected bids to be let in spring 2010. 21. Deliberate on presentation by Pacer Energy Marketing, LLC on a TCEQ Air Quality Permit Application for a fuel loading facility proposed near the railroad crossing at W. Washington Street. City Council heard a presentation by Pacer Energy for a proposed crude oil loading facility. Council Members expressed concern about the environment, public health, impact on the Chisum burial site, and the potential impact on growth of other businesses in that area. 22. Deliberate and act on the contract with Bureau Veritas and employment of Building Official and/or Inspector. Council Member Biard said that he had asked for this item, because they discussed it during budget time. He said the three complaints he had received were that it took too much time to get a building permit and the policing of unlicensed contractors. Kevin Carruth asked that Council Member Biard get with him to get the specific details, so that staff could check into the matters. Mr. Carruth gave an example where it took a long time to get a permit, because the property owner's architect was delaying it. Mr. Carruth and Lee Swaim, Bureau Veritas Inspector, both said that Bureau Veritas does stop and ask to see permits when they notice work being done that they are not aware of and that Bureau Veritas does ask contractors to produce their professional licenses when inspections are done. It was a consensus of Council to obtain a breakdown of the cost of Bureau Veritas thus far and continue until they had twelve months worth of data to evaluate. 23. Consider and approve future events for City Council and/or City Staff pursuant to Resolution No. 2004-081. Council Member Rogers reminded everyone of the ribbon cutting at the site of Red River Valley Veterans Memorial on Wednesday at 2:00 p.m. Mr. Carruth said there was going to be a ribbon cutting for the new Subway downtown on Tuesday at 10:00 a.m. 24. Adjournment. There being no further business, a Motion to adjourn was made by Council Member Biard and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays. The meeting was adjourned at 7:10 p.m. JESSE JAMES FREELEN, MAYOR JANICE ELLIS, CITY CLERK . , . n ~