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City Council Action ReportThis City Council Action Report is provided as a convenience to Council, staff and citizens for a quick reference to actions taken by the City CounciL The report is not the official ininutes of the Council meeting. The official minutes will be submitted to Couneil for approval at a future meeting and made available after the minutes are adopted. CITY COUNCIL ACTION REPORT MEETING OF DECEMBER 14, 2009 The following actions were taken by the City Council during their regular meeting: Opening Agenda 1. Call meeting to order. Action: Mayor Freelefz called the meeting to order at 5:34 p.m. 2. Invocation. Aetion: Brad Aldridge gave the invocation. 3. Pledge of Allegiance. Action: Council Member Kear led the pledge. 4. Citizens' forum. Action: No one spoke. Consent Agenda Items on the Consent Agenda are approved by a single action of the Council, with such approval applicable to all items appearing on the Consent Agenda. A Council Member may request any item to be removed from the Consent Agenda and considered as a separate item. 5. Deliberate and act on the approval of minutes from the meeting on Navember 9, 2009. 6. Receive and deliberate on reports and/or minutes froin the following boards, commissions, and committees: a. Fire and Building Code Review Committee (10-13-09, 11-10-09 and l 1-17-09) b. Traffic Commission (10-6-09) c. Historic Preservation Commission (10-26-09 and 11-13-09) d. Paris Visitors & Convention Council (9-14-09) e. Planning & Zoning Commission (l 1-2-09) f. Paris Public Library Advisory Board ( l 0-21-09) 7. Deliberate on drainage ditch maintenance report. 8. Deliberate on October monthly financial report. 9. Deliberate and act on a resolution amending Resolution No. 2009-097 which authorized an application for local law enforcement grants for the continuation of the Lamar County Felony Crimes Unit. 10. Deliberate and act on a resolution amending Resolution No. 2009-059 which authorized an application for funding for the Justice Assistance Grant (JAG) Recovery Act Program for live scan fingerprint equipment. 11. Deliberate and act on a resolution authorizing an Interlocal Agreement between Ark- Tex Council of Governments for E911 service and PSAP Equipment; and authorizing the Mayor to execute all necessary documents. Action: City Council approved the consent agenda items as presented. Regular Agenda 12. Hear, deliberate, and act on presentation of Leadership Lamar Class of 2009-2010 Class Peristyle Restoration Project. Action: Class President John Mark Spencer told the Council that the Class had committed to raising $66,000 toward the restoration of the Bywaters Peristyle by 7zoZding various fundraisers and grant programs The scope of tlie project also includes, depending upon the success of fundraisirtg efforts, a project recognition mnnument sign and landscaping for the park Mr. Spencer said all work would meet the requirenients of the Historic Ppeservation Committee. City Council voted to fund the remaining $66,000. City Manager Kevin Carruth stated that the money would come from the historic preservation set-aside from the hoteUmotel ta,x. 13. Deliberate and act on the Preliminary Plat and Final Plat of Lot 1, Block A, Southwest LTC Addition 313, located in the 100 Block of 47~' Street S.E. Action: City Council approved this item as presented. 14. Public hearing and deliberate on drainage issues east of 42na Street S.E. Action: Mayor Freelen opened tlze public hearing and asked anyone wishing to speak about this item, to please come forward. Linda Kilgore, James Finney and Larry Fendley expressed concern about drainage issues especially at times of very lzeavy rain. Council Men:ber Kear inquired when the drainage issues began and Mrs Kilgore responded they had problems prior to Wal-Mart being builz Kevin Carruth explaiized there was a drainage channel that f•uns behind the homes on 42"d SE and noted that Primrose, Jasnaine, and Oleander Street.s were not part of the Morningside Addition but were developed after Morningside. Mr. Carruth al,so said that when Marningside was developed, the deve[oper did not dedicate a drainage easement to the City and the drainage way was left in its natural state as opposed to the later addition where the developer was required to improve the ditch by lining it with concrete and dedicating a drainage easement to the City. Mr. Carruth .stated that approximately halfway down 42 "d Street tlte creek enters a wooded area, izarrows, and begins to take a meandering course. Mr. Carruth also reminded the Council that tlze City had recently refused the dedication of a drainage easenient behind Mirabeau Square until the developer brought the ditch up to City specifications, keeping with the City's historical practice. Mr. Carruth noted tlzat developers are required by state law to submit drainage plan.s, sealed by a professional engineer, s{iowing that no more water is being shed from the developer's property onto adjoining property than was being shed before the proposed development artd any disputes about the drainage plan were a civil issue. Shawn Napier said that a drainage inlet at 445 42"d SE was on the City's drainage ditch maintenance report, but that the City was prohibited by state law frorrc workirig on private property such as the drainage ditch. Council Member Biard agreed. City Manager Carruth asked Mr. Fendley if the water in the ditch was moving fast or slow during the flooding events and Mr. Fendley stated tliat the water moved very fasz Mayor Freelen told the citizens that the City would cantinue to try to work witl: them on their issues 15. Deliberate and act on the Preliminary Plat and Final Plat of Lot 2, Block A, Nelms CB 32 Addition, located at 1202 and 1224 Pine Bluff Street. Action: City Council approved this item as presented 16. First reading, deliberate, and possibly act on an Ordinance abandoning a fifteen-foot alley located between 3'd Street SE and Sth Street SE. Action: With a supermajority vote, City Council appraved this itent as presented 17. Deliberate and act on a Resolution authorizing the execution of a Deed of Abandomnent to the adjacent property owner of a fifteen-foot alley abandoned by Ordinance, between 3rd Street SE and 5`h Street SE. Action: City Council approved this item as presented. 1$. Deliberate and possibly take action on debt refunding. Action: After a brief presentation by the City'.s Financial Advisor, Dan Allmon, City Council decided to consolidate the GO refunding with water and sewer revenue funditZg in order to save on the cost of issuance and to benefit from a potential improvement in the Ciry's bond rating. It was also the consensus of Council to have staff develop an ordinance requiring 1. 1:1 utility rate to debt ratio. 19. Second reading and deliberate on an Ordinance 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. Action: City Council combined itenis 19, 20 and 21. These items were not action itenis due to the City Charter'.s requirement of three readings. 20. Second reading and deliberate on an Ordinance 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. 21. Second reading and deliberate on an Ordinance 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. 22. Second reading, deliberate, and act on an Ordinance adopting a revised Drought Contingency Plan. Action: Ciry Council apprnved tliis itern as presented. 23. First reading, deliberate, and possibly act on an Ordinance vnending the Traffic Control Map establishing no parking areas on both sides of Stillhouse Road in the 2400-2500 block. Action: Witlz a supermajority vote, City Council approved this item as presented. 24. First reading, deliberate, and possibly act on an Ordinance amending the Traffic Control Map establishing no parking areas on both sides of Old Clarksville Road in the 5000 block. Action: With a supertnajority vote, Ciry Cnuncil approved this itenz as presented 25. Deliberate and possibly refer to Planning and Zoning Commission for recommendation the need to require a specific use permit for the loading, unloading or transloading of crude oil. Acdon: Ciry Council ref'erred this iteni to the Planning and Zoning Commission. 26. Receive update on West Gate Apartments. Action: This was not an action item. City Council received an update from City Manager Kevin Carruth and City Engineer Shawn Napier. 27. Receive update on One Oak Apartments. Action: This was nnt an action item. City Council received an update from City Manager Kevin Carruth and City Engineer Shawn Napier. 28. Deliberate and act on appointment of Airport Planning Advisory Committee. Aetion: City Council approved the proposed committee coniprised of Jack Ashmore, Kevin Carruth, Brad Eilrich, Steve Gilbert, David Jones, Mindy Moree, Shawn Napier, Edwin Pickle, Vic Ressler, and Jerry Ritchey. 29. Deliberate and act on appointment of 2010 Census Complete Count Committee. Action: City Council approved the proposed committee comprise of Robert High, Dave JoJinson, Mindy Maree, Shawn Napier, Rhonda Rogers, Marcelino Rodriguez, Jr., and Connie Stoddard. 30. Deliberate and act on a resolution casting votes for membership on the Board of Directors of the Lamar County Appraisal District Board of Directors. Action: City Council cast a11830 of their votes Jim Noble. 3 L Convene in Executive Session a. Pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive legal advice from the City Attorney about pending or contemplated litigation and/or on matters in which the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, clearly conflict with this chapter as follows: Claim related to the accident at the Water Treatment Plant May 12, 2008. b. Pursuant to Section 551.072 of the Texas Government Code, to deliberate the purchase, exchange, lease, or value of real property. Action: At 7:08 p.m. Mayor Freelen recessed the Ciry Council for a short break and at 7:15 p.m. he convened Council into executive session. 32. Reconvene in Open Session to take possible action regarding those matters discussed in Executive Session. Action: Mayor Freelen convened City Council into open session at 7:48 p.m. 33. Consider and approve future events for City Counci] and/or City Staff pursuant to Resolution No. 2004-081. Action: None were referenced 34. Adjournment. Action: City Council adjourned at 7:48 p.m.