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13 - Council Minutes (5/10/01)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL MAY 10, 2001 The City Council of the City of Paris met in r egular session Thursday, May 10, 2001, 6:00 P. M., Paris Junio r College, Applied Technology Building, Room 1016, 2400 Clarksville Street, Paris, Texas. Mayor Michael J. Pfiester called the meeting to order with the following Council Members present: John F. Bell, Joe E. McCarthy, Richard Manning, John A. Carter, Jr., Kevin Gray, and Benny Plata. Also present were City Manager Michael E. Malone, City Attorney Larry W. Schenk, and City Clerk Mattie Cunningham. Invocation was given by Karl Louis, Police Chief for the City of Paris. Mayor Pfiester called for the canvass of returns of the General Election of the City of Paris held on May 5, 2001, elect i ng Council Members for District Number Four and District Number Seven. The returns were presented to Mayor Pfiester and he canvassed the results of the General Election of the City of Paris, which were read aloud. R esolution No. 2001-050, canvassing the returns for the May 5, 2001 , General Election for Council Districts 4 an d 7; declaring the winner in said election; acknowledging the results of pr ior City Council action declaring the candidate as elected to office for Council District No. 5 as a result of having been unopposed for election to office, was presented. A motion was made by Councilman Bell, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 7 ayes, 0 nays. Municipal Judge Thomas Hunt III administered the oath of office to John F. Bell, Michael J. Pfies t er, and Richard Manning. The newly elected Council Members assumed their seats at the council table. City Manager Malone announced that the next item on the agenda was the City Council Meeting May 10, 2001 Page 2 election of Mayor and Mayor Pro Tempore to serve the City of Paris for the ensuing year. Council Member Gray nominated Michael J. Pfiester for the office of Mayor of the City of Paris and Councilman Plata seconded the nomination. No other nominations were made, and Councilman Pfiester was elected Mayor for the ensuing year by a vote of 7 ayes, 0 nays. Mayor Pfiester called for nominations for the office of Mayor Pro Tem. Councilma n Bell nominated Councilman Manning for Mayor Pro Tem, and the nomination was seconded by Councilman Gray, and Councilman Manning was elected Mayor Pro Tem for the ensuing year by vote of 7 ayes, 0 nays. City Manager Malone presented the minutes of the Planning and Zoning Commission meeting held May 7, 2001, and attached hereto as Exhibit A. Mayor Pfiester declared the public hearing open to consider the petition of Kenneth Scott Baxley for a change in zoning from an Agricultural District (A) to a Commercial District (C) on Lot 2, City Block 342, being rd number 2800 3 SE Mayor Pfiester called for proponents to appear, and Ruth Ann Alsobrook, 208 5th SW, appeared before the City Council in behalf of Mr. Baxley. She advised that Mr. Bax ley purchased this property on the S. W. Loop and it is his plan to construct storage buildings at this location. City Attorney S chenk advised that he has a document stating that Ms. Alsobrook is authorized to appear on behalf of Mr. Baxley. Mayor Pfiester called for opponents to appear, none appeared, and the public hearing was declared closed. City Council Meeting May 10, 2001 Page 3 ORDINANCE NO. 2001-026-1 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANG ING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A COMMERCIAL DISTRICT (C) ON LOT 2, CITY BLOCK 342, ON PROPERTY BELONGING TO KENNETH SCOTT BAXLEY, OWNER, SO AS TO INCLUDE THEREIN TERRIT O RY FORMERLY DESIGNATED AS AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE COMMER CIAL DISTRICT (C) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPE A LING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT H E REWITH; AND PROVIDING AN EFFECTIVE DATE OF JUNE 1, 2001, WAS PRESENTED. A motion wa s made by Mayor Pro Tem Manning, seconded by Councilman McCarthy, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Mayor Pfiester declared the public hearing open to consider the petition of Leroy Clarkson for a change in zoning from a Two-Family Dwelling District (2F) to a Commercial District (C) on Lot 7, City Block 189, being number 1334 Bonham Street. Mayor Pfiester called for proponents to appear, and Leroy Clarkson, 754 th 4 NW, appeared on behalf of his petition. Mr. Clarkson advised the City Council that his plan for this property is to build apartments on all three lots. Mayor Pfiester called for opponents to appear, none appeared, and the public hearing was declared closed. City Council Meeting May 10, 2001 Page 4 ORDINANCE NO. 2001-027 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANG ING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP O F SAID CITY; ESTABLISHING A COMMERCIAL DISTRICT (C) ON LOT 7, CITY BLOCK 189, ON PROPERTY REQUESTED BY LEROY CLARKSON, AGENT FOR BOBBY STILLWELL, OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO-FAMILY DWELLING DISTRICT (2F); DESIGNATING THE BOUNDARIES O F THE COMMERCIAL DISTRICT (C) SO ESTABLISHED; PROVIDIN G FOR A PENALTY NOT TO EXCEED $2,000. 0 0; REPEALING ALL ORDINANCES OR PARTS OF ORDINANC E S IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE OF JUNE 1, 2001, WAS PRESENTED. A motion was made by Councilman Plata, seconded by Councilman Gray, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Mayor Pfiester declared the public hearing open to consider the petition of Calvin Gibson for a change in zon ing from a Two-Family Dwelling District (2F) to a One-Family Dwelling District No. 3 (SF-3) With Specific Use Permit (39) Mobile Home on Lots 19 and 2-, C ity Block 160, being th numbers 1050 and 1106 5 Street SE. Mayor Pfiester called for proponents to appear and none appeared. Mayor Pfiester called for opponents to appear, none appeared, and the public hearing was declared closed. City Manager Malone advised the City Council that the Planning and Zoning Commission did hear this matter at their meeting May 7, 2001. He said there wa s opposition present and the Planning and Zoning City Council Meeting May 10, 2001 Page 5 Commission requested that Steve Methven, Ch ief Building Official, confer with the City Attorney regarding this matter. The Planning and Zoning Commission tabled action on the rezoning request, and the City Manager recommended that the City Council also table action. A motion was made by Councilman Bell, seconded by Councilman Plata, to table action on an ordinance amending Z oning Ordinance No. 1710 changing the zoning from a Two-Family Dwelling District (2F) to a One- Family Dwelling District No. 3 (SF-3) With Specific Use Permit (39) Mob ile Home on Lots 19 and 20, City Block 160, belonging to Calvin Gibson. The motion carried 7 ayes, 0 nays. Mayor Pfiester called for consideration of and action on the Final Plat of Lots 1 and 2, Block A, and Lots 1, 2, 3, 4, 5, 6, Block B, and Lot 1, Bock C, Amher st Estates. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Plata, for approval of the Fina l Plat subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. Mayor Pfiester called for consideration of and action on the Replat of Lots th 13, and 13A, City Block 262, being located in the 1200 Block of 20 Street N. E. A motion was made by Councilman Bell for approval of the Replat subject to the requirements of the City Engin eer. The motion was seconded by Councilman Plata, and carried 7 ayes, 0 nays. Mayor Pfiester announced the next item on the agenda was consideration of and action on the Replat of Lots 11, 12, 13, Block H, Oak Creek Phase VI. A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, for approval of the Replat subject to the requirements of the City Engineer. The motion carried 7 ayes, 0 nays. Mayor Pfiester called for consideration of and action on the Final Plat of Eastgate Subdivision. A motion was made by Councilman Manning, seconded by Councilman Bell, for approval of the Final Plat subject to the City Council Meeting May 10, 2001 Page 6 requirements of the City Engineer. The motion carried 7 ayes, 0 nays. Mayor Pfiester called for the second reading of a new franchise agreement with TXU Electric, Inc. City Attorney Schenk advised th at at the previous City Council meeting they adopted a Franchise Agreement with TXU Electric on first reading, and at that time, he indicated that there would be additional negotiations between the city and the company. City Attorney Schenk further advised that the Franchise Agreement that he is presenting tonight differs from the original in two ways. He said that first there was section 26 of the previous Franchise Agreement, which calls for energy audits to be st st performed by the company after the December 31 or January 1 date in which deregulation goes into effect. This particular company, which is the distributor, will no longer be ab le to perform those kind of services because they are considered competitive services. City Attorney Schenk advised that this clause has b een removed from the latest version of the Franchise Agr e ement. City Attorney Schenk further advised that this Franchise Agreement is for a three year period. He discussed with the company the topic of including a most favored nation clause, which means that if they enter into agreements with other cities that have terms more favorable than the City of Paris’, they would offer those terms to the City of Paris. City Attorney Schenk said that they did not want to agree to that because they felt it was very difficult to administer, and that he did not disagree, but at the same time, h e was concerned because of the new statutes going into effect and what the impact of this new legislation will be on electric power and electric access to electric power in general. As a consequence, both he and the company agree that it is appropriate to have the shortest reasonable term on the franchise, which is three years. City Attorney Schenk recommended that the City Council adopt this revised Franchise Agreement on second reading. City Council Meeting May 10, 2001 Page 7 FRANCHISE ORDINANCE NO. AN ORDINANCE OF THE CITY OF PARIS, TEXAS, GRANTING TXU ELECTRIC COMPANY AN ELECTRIC LIGHT, HEAT, AND POWER FR A NCHISE FOR THE PURPOSE OF CONSTRUCTING, ERECTING, AND MAINTAINING ITS POLES, TOWERS, WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS, AND OTHER STRUCTURES AND APPURTEN ANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE, AND UNDER ALL PUBLIC STREETS, THOROUGHFARES, ALLEYS, AND PUBLIC GROUNDS AND PLACES IN S AID CITY; PRESCRIBING THE CONSIDERATIO N THEREFOR; PROVIDING FOR THE RIGHT T O USE CERTAIN FACILITIES OF THE ELECTRIC COMPANY; PRESCRIBING THE TERM AN EFFECTIVE DATE OF SAID FRANCHISE; PROVIDING FO R THE REPEAL OF ALL CONFLICTING ORDINANCES, PROVIDING THAT THIS ORDINANCE BE CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR I NJUNCTIONS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED ON SECOND READING . A motion was made by Mayor Pro Tem Ma nning, seconded by Councilman McCarthy, for ado ption of the Franchise Ordinance on second reading. The motion carried 7 ayes, 0 nays. ORDINANCE NO. _________________ (to be assigned) AN ORDINANCE GRANTING TO STEVE B. RANEY AND WENDY L RANEY, DBA YELLOW CAB COMPANY, AND EXTENSION OF AN EXISTING FRANCHISE TO USE THE PU BLIC 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 JULY 13, 2001, THE DATE OF TERMINATION OF THE EXISTING FRANCHISE, AND City Council Meeting May 10, 2001 Page 8 ENDING JULY 12, 2002, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A TAX FOR SUCH PRIVILEGE AND USE OF SUCH STREETS, ALLEYS AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STA NDS FOR USE OF SAND GRANTEE; PROVIDING FOR PUBLIC LIABILITY INSURANCE ON THE MOTOR V EHICLES AND EQUIPMENT OF SAID GRANTEE; PROVIDING FOR THE SUPE RVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROV IDING AN EFFECTIVE DATE, WAS PRESENTED. A motio n was made by Councilman Bell, seconded by Mayor Pro Tem Manning, for adoption of the ordinance on first reading. The motion carried 7 ayes, 0 nays. ORDINANCE NO. _________________ (to be assigned) AN ORDINANCE GRANTING TO DENNIS NELMS, DBA CITY CAB COMPANY, A 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 AUGUST 10, 2001, AND ENDING AUGUS T 9, 2002, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A TAX FOR SUCH PRIVILEGE AND USE OF SUCH STREETS, ALLE YS AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAND GRANTEE; PRO VIDING FOR PUBLIC LIABILITY INSURANCE ON THE City Council Meeting May 10, 2001 Page 9 MOTOR VEHICLES AND EQUIPMENT OF SAID GRANTEE; PROVIDING FOR THE SUP ERVISION OF SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF TH E CITY OF PARIS; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Mayor Pro Tem Manning, seconded by Co uncilman Plata, for adoption of the ordinance on first reading. The motion carried 7 ayes, 0 nays. Resoluti on No. 2001-051, resolving that an application be made to the Texas Automobile Theft Prevention Authority for an Automobile Theft Prevention Grant entitled “Northeast Texas Automobile Theft Task Force” project beginning September 1, 2001, and ending August 31, 2002, in the amount of $102,826.00, being approximately 63% of the estimated cost of the Automobile Theft Prevention Program, with $47,276.00 to be provided by the City of Paris in the form of cash and $12 ,500.00 in the form of in kind service. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Gray, for approval of the resolution. The motion carried 7 ayes, 0 nays. City Attorney Schenk presented the following rezoni ng petitions: Stephanie Hunt, Lot 13, City Block 64-B, from a Two-Family Dwelling District to a Ne ighborhood Service District; Ham and T. Inc., A Texas Corporation, Lot 4, City Block 33, from a Two-Family Dwelling District to a Neighborhood Service District; Mary Gibson, Lot 13B, City Block 1 57, from Multiple Family Dwelling District No. 1 to a Commercia l District. Mayor Pfiester referred the rezoning petitions to the Planning and Zoning Commission for their study and recommendation at their m eeting th scheduled for June 4, 2001, and before the City Council June 11 , 2001. City Council Meeting May 10, 2001 Page 10 There being no further business, a motion was made by Councilman Plata, seconded by Mayor Pro Tem Manning, to adjourn the meeting. __________________________ MICHAEL J. PFIESTER, MAYOR ATTEST: ______________________ MATTIE CUNNINGHAM City Clerk