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02 City Council (07/08/02)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL July 8, 2002 The City Council of the City of Paris met in regular session, Monday, July 8, 2002, at 6:00 P. M., Paris Junior College, 2400 Clarksville Street, Room 1016, Paris, Texas. Mayor Michael J. Pfiester called the meeting to order with the following Council Members present: John F. Bell, Richard Manning, Joe E. McCarthy, Willie J. Weekly, Sr., 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 Connie Fitzgerald of the Christian Fellowship Church. City Manager Malone presented the minutes of the Planning and Zoning Commission's meeting of July 1, 2002, and they are attached hereto as Exhibit A. Mayor Pfiester declared the public hearing open to consider the petition of Donna Swindle for a change in zoning from a Two-Family Dwelling District (2F) to a Neighborhood Service District (NS) on Lot 5, City Block 226-A., located at 664 22"a Street SE. Mayor Pfiester called for proponents to appear, and Donna Swindle, 664 SE 22nd7 appeared in behalf of her petition. Ms. Swindle said at the Planning and Zoning Commission, there were concerns expressed about her having a beauty shop at this location. One of the concerns expressed was the privacy of her neighbor. Ms. Swindle said she had talked to Melissa Jackson and offered to install a six foot privacy fence. Ms. Jackson did not want that, but Ms. Swindle was still offering to put up the fence to give her the privacy that she wants. Ms. Swindle told the City Council that it was mentioned about her home burning, but her home had not burned. There was concern regarding parking and Ms. Swindle said that she had space for three and possibly four vehicles in her driveway at one time, and she had permission to use the parking at Thomas Food Mart for any overflow parking she might have. Ms. Swindle told the City Council that she and her son had wired the building and it was approved upon inspection. She said there was also a complaint regarding plumbing, and Ms. Swindle advised that if Regular Meeting of the City Council July 8, 2002 Page 2 there was a problem, she would take care of it immediately. Ms. Swindle informed the City Council that she is raising two grandchildren plus her blind mother and she needed to be home with them. Ms. Swindle said her building is an 11 x 25 foot building that is located in the back of her home. Robert Giberson came forward speaking in behalf of his mother, Donna Swindle. Mr. Giberson said he did the electrical work on the building for his mother's beauty shop. On inspection by the City of Paris, his electrical work passed inspection. Mr. Giberson asked the City Council to allow the zoning change for his mother because she needs to work out of her house. Shirley Swindle also appeared in favor of the zoning change for her daughter. Ms. Swindle said her daughter needed to be able to work from her home as she is raising her two grandchildren. Mayor Pfiester called for opponents to appear, and Patsy Wynn, 653 22"d SE, appeared before the City CounciL Ms. Wynn's main concern was the parking and stated that there was not enough parking for a business. Ms. Wynn stated that she was not opposed to Ms. Swindle raising her grandchildren, but with her children coming in and out all the time, and at times there are two or three cars parked in front of her yard, that only leaves her driveway for parking. This makes it very hard for anyone to get down the street and with the added traffic of a business, it would be very difficult to back out of their driveway. She was opposed to someone parking at a convenience store because that would mean strangers would be walking to and from this beauty shop. Ms. Wynn also pointed out that there would be additional noise and that would disturb the neighborhood. No one else appeared and the public hearing was declared closed. Mayor Pfiester called for consideration of and action on an ordinance amending Zoning Ordinance No.1710, changing the zoning from a Two-Family Dwelling District (2F) to a Neighborhood Service District (NS) on Lot 5, City Block 226- A, located at 664 22 "d Street SE. Regular Meeting of the City Council July 8, 2002 Page 3 A motion was made by Councilman Bell, seconded by Councilman Weekly, to deny the zoning change as recommended by the Planning and Zoning Commission. The motion failed with 3 ayes, 3 nays. Mayor Pfiester, Council Member McCarthy, and Council Member Plata voted no. Mayor Pfiester asked for a positive vote on this item. A motion was made by Councilman McCarthy for approval of the ordinance. The motion was seconded by Councilman Plata and failed with a 4 to 2 vote, with Mayor Pro Tem Manning and Council Member Bell voting no. Mayor Pfiester declared the public hearing open on the petition of Earl Posey for a change in zoning from a One-Family Dwelling District No. 2(SF-2) to a Two- Family Dwelling District on Lots 2 and 3, City Block 300, being located in the 500 Block of 24t'' Street NW. Mayor Pfiester called for proponents to appear, and Tommy Posey, 815 33rd NW, came forward telling the City Council that he was representing his brother, Earl Posey. He advised that they wanted to construct a duplex on a four and one-half acre tract of land. Mr. Posey said his brother is going to live in one side of the duplex and rent the other side out. Mr. Posey said one of the issues that was brought up at the last meeting was safety because of the duplex being too close to the school. He advised the City Council that there is a duplex three blocks from the school; Crockett School has duplexes one block from it and across the street; Aikin has one within two blocks; Justiss has them within three blocks; North Lamar has them on the same road; and Paris Junior has duplexes located on the same campus. Mr. Posey said the neighbors want the neighborhood to stay the same. Mr. Posey said Earl has had this pasture for fifteen years and it pretty well stayed clean and mowed. All it has ever been was a cow pasture, but it does not bring in any tax revenue for the City of Paris. There were other cow pastures that Mr. Posey talked about such as Kimberly- Clark, Paris High School, Morningside, Walmart , and TaMolly's . He stated that they were all located on land that were cow pastures at one time and that now gives us jobs, places to eat, health care, schools, and tax money. Regular Meeting of the City Council July 8, 2002 Page 4 Mr. Posey said they turned in a petition last month containing 87 signatures of property owners in the area that were not opposed to the zoning change. He said they went back around and talked to the property owners within the 200 foot range, and he presented a petition containing eight signatures of property owners out of the thirteen that were notified of the zoning change stating that they do not obj ect to that change. Mr. Posey said that while talking with the people in the neighborhood, he learned that they were told that the duplex was going to be an apartment for low income, low budget, mixed families, and Section 8 Housing. He advised that no one from the list called him or his brother regarding what they planned to build on that property. At the last City Council meeting, someone asked Mr. Dalton who told him that an apartment was going to be built for low income, low budget, mixed families, and Section 8 Housing. Mr. Dalton stated that a lady at City Hall told him that. Mr. Posey presented a statement from Janice Wortham, Community Development Administrative Assistant, stating that she did not tell Mr. Dalton this zoning change would be for low income, low budget, mixed families, or Section 8 Housing. Mr. Posey stated that Mr. Dalton said there was a problem with sewer backing up in houses on 24t'' Street. Mr. Posey said he went and talked to Terry Townsend, Director of Public Works, regarding this supposed problem. Mr. Townsend informed Mr. Posey that as far as he knew there was no existing problem with the sewer. Mr. Perry Hanley, 2345 W. Cherry Street, was present speaking against the petition. Mr. Hanley said Mr. Posey said in the first meeting that he would build as many duplexes as he could as long as he made money. Mr. Hanley said he was not at the City Council meeting last month, but he had listened to the tape of that meeting. Mr. Hanley pointed out that Mr. Posey has enough land to build a lot of rental property, and he was not for this type construction in the neighborhood. Bill Dalton, 2460 24t'' NW, came forward stating that he lives across the street from this property. Mr. Dalton said most of the Council Members were present at the last meeting and heard what he had to say. He said they did get most of the Regular Meeting of the City Council July 8, 2002 Page 5 property owners signatures on a petition, and he presented that petition to the City CounciL Mr. Dalton said he did have a tape made by two gentlemen, Mr. Norman Ward and Mr. Jody Henry who are homebound. Mr. Dalton played the tape of these two gentlemen voicing their opposition to the zoning change. Mayor Pfiester asked Mr. Dalton if he stated at the Planning and Zoning Commission that Mr. Posey had it made because Councilman Plata, Councilman McCarthy, and himself all work at Kimberly Clark. Mayor Pfiester stated that Mr. Dalton had questioned their integrity. Councilman McCarthy told Mr. Dalton that he had seriously questioned his character and his integrity, and he had no right to make a statement like that. Councilman Plata also made it clear that he has lived in West Paris for over thirty-something years, and he puts the people he represents first. Councilman Plata wanted to know what everyone sees so wrong about duplexes in the neighborhood. Mr. Dalton asked why would someone want to rezone four and one-half acres to build a duplex? Jerry Gresham, 270 Graham Street, came forward telling the City Council that he has probably spent three good months cleaning up his property and he has rented property. He stated that renters are good, bad and ugly. He said that he has nothing against anyone, but there is a rent house behind his property and every time he turns around he is calling the man who owns that property about cleaning up the trash. He said that he cleans trash up everyday when this property is rented. Mr. Gresham said he has nothing against rental property, but let him have enough footage to get off the road. When building a duplex, it is should be built like a house, setting on the lot, and not squeeze the duplex into a real small area where it looks like it has been squeezed onto the lot. Lori McIntire, 2305 West Cherry Street, came forward stating that she had lived in the neighborhood for 19 years and her major concern was that Mr. Posey was Regular Meeting of the City Council July 8, 2002 Page 6 going to build more than one duplex. She did not want to see the neighborhood change. Ms. McIntyre said she did attend one of the Planning and Zoning meetings and he did say it was possible that he might build more duplexes. No one else appeared, and the public hearing was declared closed. Mayor Pfiester called for consideration of and action on an ordinance amending Zoning Ordinance No. 1710, changing the zoning from a One-Family Dwelling District No. 2(SF-2) to a Two-Family Dwelling District (217) on Lots 2 and 3, City Block 300, being located in the 500 block of 24t'' Street NW. A motion was made by Councilman McCarthy, seconded by Councilman Plata for adoption of the ordinance. The motion failed with 4 ayes, 2 nays, the three- fourths rule being in effect due to the recommendation against the change presented by the Planning and Zoning Commission. Mayor Pro Tem Manning and Council Member Bell voted no. Councilman McCarthy made a motion to take short break. The motion was seconded by Councilman Plata and carried 6 ayes, 0 nays. Mayor Pfiester reconvened the meeting at 7:25 P. M. Mayor Pfiester declared the public hearing open on the petition of Mack Ross for a change in zoning from a One-Family Dwelling District No. 2(SF-2) to a One- Family Dwelling District No. 3(SF-3) on Lot SA, City block 294, located in the 3000 Block of Aikin Drive. Mayor Pfiester called for proponents to appear and Mack Ross, 3475 Reno Drive, appeared in behalf of his zoning petition. Mr. Ross said he purchased this property and his plan is to build small houses, 1300 to 1500 feet living area with three bedrooms, two baths, and a two-car garage. Mr Ross said they needed the zoning changed to have the option to go down to fifty foot wide lots. He advised that he would like to build affordable housing on the property. He advised that most of the surveys that he has done in the last several years, is Regular Meeting of the City Council July 8, 2002 Page 7 mostly young couples that will buy these houses and the older retired couples do not want to want to mow a large yard. Mr. Ross said he has maps available if the City Council would like to have one. Mr. Ross advised that they wanted to build something productive. He told the City Council that the school took this property, or threatened to take it, and the family sold over a fifty foot strip and built a road in 1979. In 1980 the city took the property in. Mr. Ross said that he is going to have to develop a sewer line in there. He has six easements downstream to save a lift station. He said he did meet with Mr. Mark Johnson today on East Houston and explained that those two culverts are rusted out badly and the street is going to have to be torn up to get the sewer in. He would like the city to consider looking at those culverts and replacing them while they have the street torn up. No one else appeared, and the public hearing was declared closed. ORDINANCE NO. 2002-034 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A ONE-FAMILY DWELLING DISTRICT NO. 3(SF-3) ON LOT 5-A, CITY BLOCK 294, ON PROPERTY BELONGING TO MACK ROSS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE- FAMILY DWELLING DISTRICT NO. 2(SF-2) DESIGNATING THE BOUNDARIES OF THE ONE-FAMILY DWELLING DISTRICT NO. 3(SF-3) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Plata, seconded by Councilman Bell, for adoption of the ordinance. The motion carried 6 ayes, 0 nays. Regular Meeting of the City Council July 8, 2002 Page 8 Mayor Pfiester declared the public hearing open on the petition of Leann Sartor for a change in zoning from a General Retail District (GR) to a General Retail District (GR) With Specific Use Permit (3) Auto Laundry on Lot 21, City Block 249, located at 2926 Lamar Avenue. Mayor Pfiester called for proponents to appear, and none appeared. Mayor Pfiester called for opponents to appear, and Sara Eatherly, 2925 Margaret Street, came forward stating that she was concerned about the noise and lights from the car wash. Ms. Eatherly stated that there was already a car wash next door to the proposed car wash and she said they hear boom boxes and squealing tires all day long. Ms. Eatherly stated that she was opposed to the zoning change. Darrel Coats, Detroit, Texas, came forward voicing his concern as the owner of the Collegiate Village Apartments. Mr. Coats stated that he was still against the rezoning of this property. Mayor Pfiester asked those in the audience who were against this zoning change to please stand. There were seven people who stood in opposition to the zoning change. Fred Eatherly appeared before the City Council and reiterated what his wife had stated. Mr. Eatherly also presented ten additional names in opposition to go with the petition that was filed last month. Russell Gifford, 2915 Margaret Street, also voiced his opposition to the zoning change. No one else appeared and the public hearing was declared closed. City Manager Malone presented an ordinance for consideration of and action to amend Zoning Ordinance No. 1710, changing the zoning from a General Retail District (GR) to a General Retail District (GR)With Specific Use Permit (3) Auto Laundry on Lot 21, City Block 249, being number 2926 Lamar Avenue. Regular Meeting of the City Council July 8, 2002 Page 9 A motion was made by Councilman Bell, seconded by Councilman Weekly to deny the zoning change as recommended by the Planning and Zoning Commission. The motion carried 5 ayes, 1 nay, with Councilman Plata voting no. Mayor Pfiester declared the public hearing open to consider the petition of Faulk and Foster for a change in zoning from a Planned Development District (PD) to a Light Industrial District (LI) at 3720 Lamar Avenue. Mayor Pfiester called for proponents to appear, and Blenda Bodie, 1811 Auburn Avenue, Monroe, Louisiana, came forward stating that her company was before the City Council in May of this year requesting rezoning of this property. She advised that the purpose is to place a communication tower on this property. At that meeting, it was tabled in order for an outside consultant to review some information. She believes that Mr. Methven has received the report. The report was placed in the Council Members' packets. She noted that the report confirmed that the tower would not disrupt the area. Ms. Bodie stated that this is an important part of their network that they are trying to build in Paris. She said that their Engineer, A1 Sinopoli, was present and could answer any technical questions that the Council might have. Councilman Plata mentioned reading what Mr. Methven had written asking that they consider Wayne Brown's property, which is close to the area, and would require no changes in zoning or in the setbacks provided by the ordinance. Ms. Bodie replied that Mr. Brown's property is about a quarter mile north and across the street from the property in question. She asked Mr. Sinopoli to come forward and explain why they cannot use that property. Mr. A1 Sinopoli came forward stating that he works for Blue Streak, Inc., which does the engineering work for Sprint PCS Provider, U. S. Unwired and Faulk & Foster. Mr. Sinopoli said back in the year 2000, he issued a map for the site Mirabeau, which is located near the intersection of the Loop and Highway 82 East. Mr. Sinopoli advised that why it was done that way was because he decided to place the site to the south of Walmart because of receiving the signal. Regular Meeting of the City Council July 8, 2002 Page 10 He explained that the site where these towers are placed is used to distribute the traffic around the site. Mr. Sinopoli said that most of the traffic is generated especially where a lot of people congregate. He stated that it is obvious that the traffic on the Loop and on Highway 82 East is very heavy. One of the reasons this was issued this way is based on the land uses in the area and the preferred site being by Big Tex which is an industrial area. He said that what he tried to do is avoid any kind of residential neighborhood, and at the time this was written with the old ordinance, there would not have been a problem building this site. He said they were faced with setback issues, and one of the things that happened is that the Big Tex property will allow them to best meet the setback issues. He said since the setback seems to be such a issue they tried to move over to Big Tex and try to make it so that it would be furthest away from property owners. City Attorney Schenk said he was under the impression that there would be a problem with regard to the current setback requirements. City Attorney Schenk asked if he was saying that the tower will fit on the site. Ms. Bodie explained that what he saying was that the site was coming as close as possible to meeting city setbacks, but most of the lots in this area do not meet setbacks, but they come closer. The City Attorney wanted to know if they could meet it on Mr. Brown's property. Ms. Bodie said she did not think so. Steve Methven, Chief Building Inspector for the City of Paris said it will fit on Mr. Brown's property and meet all the setbacks and pointed that out from the map. Mr. Sinopoli went over his map with the Mayor and City Council and explained the reason the Big Tex site was needed. He and Ms. Bodie also discussed the design of the tower and its safety features. City Attorney Schenk said that, as Mr. Methven had pointed out in the material furnished to the City Council, the current zoning is Planned Development and his concern is that this is a request to change the zoning to a Light Industrial District. Currently, the Planned Development District protects the remainder of the Regular Meeting of the City Council July 8, 2002 Page 11 property, other than for the tower, to be used for industrial purposes, and this protects the property owners. City Attorney Schenk said Mr. Methven is suggesting that, if the City Council was inclined to allow this tower to go here, that the preferred approach would be to change the tower ordinance to allow a tower to be located in a Planned Development C(PD-c) Industrial Park designation since this is the only property currently in the city that carries this particular zoning designation. As a consequence, you do not change the protective measures in the ordinance on the current zoning for this classification in terms of the industrial use that you would have, you would just change the zoning. At the same time, that would allow the tower to be located, but still subj ect to the setback requirements, and that is going to have to come back to the City Council separately, if and when Mr. Methven denies it anyway, on an appeal for them to decide what to do with that portion regarding the setbacks. He stated that one of the things Council can do on an appeal such as that, is effectively grant the appeal, which is the same thing as a variance, on this particular site by making the proper findings that are necessary and appropriate in an engineering sense. Ms. Bodie advised that they were not opposed to that and they have submitted the request for the appeal. No one else appeared and the public hearing was declared closed. Mayor Pfiester called for consideration of and action on an ordinance amending Zoning Ordinance No. 1710, changing the zoning from a Planned Development District (PD) to a Light Industrial District (LI) at 3720 Lamar Avenue. A motion was made by Councilman Bell to deny passage of the ordinance amending Zoning Ordinance No. 1710, changing the zoning from Planned Development District (PD) to a Light Industrial District (LI) at 3720 Lamar Avenue; and to authorize amending the Tower Ordinance to include Planned Development C(PD-c) Industrial Park Zoning, as a permissible area for a tower. The motion was seconded by Councilman Weekly and carried 6 ayes, 0 nays. Regular Meeting of the City Council July 8, 2002 Page 12 Rex Adams, 3925 Alpine, came forward stating that he has been a business man and a resident in Paris for the past thirty years. He said that Faulk and Foster approached him about eighteen months ago and put his lot under option, which is south of the Big Tex lot. Mr. Adams said at the time, he understood the size of the lot would fit the zoning. The city decided that the zoning was not strict enough, and rewrote the zoning and put the setback ordinance in and it more or less eliminated his lot. That is fine to do that, but if you turn his lot down, because of the setback, he did not think it was fair to give it to anybody else. He wanted to be treated as fair as any other citizen. ORDINANCE NO. 2002-035 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING THE SITE PLAN FOR A PLANNED DEVELOPMENT DISTRICT-COMMUNITY DEVELOPMENT UNIT (PD-6), PREVIOUSLY ESTABLISHED BY THE ADOPTION OF ZONING ORDINANCE NO. 2002-016, FOR LOTS 8 AND 9, BLOCK 1, PINE BLUFF ADDITION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AND EFFECTIVE DATE, WAS PRESENTED. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Weekly, for adoption of the ordinance, subject to the requirements of the City Engineer. The motion carried 6 ayes, 0 nays. A motion was made by Councilman Bell, seconded by Councilman McCarthy, to approve the minutes of previous meetings as presented. The motion carried 6 ayes, 0 nays. City Manager Malone advised that the minutes for the Airport Advisory Board had been furnished with no action being required. John Bolster, 3114 Palmer Drive, Longview, Texas, with the firm of Linebarger, Regular Meeting of the City Council July 8, 2002 Page 13 Goggan, Blair, Pena, and Sampson, LLP, came froward reporting on the progress his firm has made on delinquent tax collections. Mr. Bolster advised that on the collection side of the delinquent taxes for the past six months, January through June was $114,000.00 compared to $88,000.00 for the six months prior, which represents about a 30% increase. Mr. Bolster said he felt that the largest increase that the city is going to see is in the next six months. Mr. Bolster explained to the City Council their process in the collection of delinquent taxes. ORDINANCE NO. 2002-036 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ADOPTING AN OFFICIAL CITY LIMITS MAP; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning, for adoption of the ordinance. The motion carried 6 ayes, 0 nays. FRANCHISE ORDINANCE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, GRANTING TO STEVE B. RANEY AND WENDY L. RAINEY, 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 JULY 13, 2002, THE DATE OF TERMINATION OF THE EXISTING FRANCHISE, AND ENDING JULY 12, 2003, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; 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 Regular Meeting of the City Council July 8, 2002 Page 14 SPECIF'IED CONDITIONS; PROVIDING FOR TAXICAB STANDS FORUSE OF SAID GRANTEE; PROVIDING FOR PUBLIC LIABILITY INSURANCE ON THE MOTOR VEHICLES AND EQUIPMENT OF SAID 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, WAS PRESENTED ON FIRST READING. A motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning, approving the ordinance on first reading. The motion carried 6 ayes, 0 nays. FRANCHISE ORDINANCE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, 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), BEGINNING AUGUST 10, 2002, AND ENDING AUGUST 9, 2003, UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED; PROVIDING FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR THE PAYMENT OF A TAS FOR SUCH PRIVILEGE AND USE OF SUCH STREETS, ALLEYS, AND HIGHWAYS; PROVIDING FOR THE TERMINATION OF SUCH GRANT UPON SPECIF'IED CONDITIONS; PROVIDING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR PUBLIC LIABILITY INSURANCE ON THE MOTOR VEHICLES AND EQUIPMENT OF SAID GRANTEE; PROVIDING FOR THE SUPERVISION OF S AID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIALS OF THE CITY OF PARIS; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED ON FIRST READING. A motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning approving the ordinance on first reading. The motion carried 6 ayes, 0 nays. Regular Meeting of the City Council July 8, 2002 Page 15 Mayor Pfiester declared the public hearing open to receive input from the citizens of Paris regarding local participation in the expenditure of funds under the Local Law Enforcement Block Grant awarded to the City of Paris. Tommy Haynes, Director of Community Development, was present advising that Chief of Police Karl Louis could not be present and had asked him to speak in his behalf regarding the Local Law Enforcement Block Grant that we have an opportunity to receive. He stated that the City can get a grant in the amount of $46,143.00 of which the city has to match in the amount of $5,127.00. He said that we are going to get the following items for that: two motor vehicles in the amount of approximately $39,000.00 for Criminal Investigation Division, ten walkie-talkie radios at $9,000.00 for the Patrol Division, seven sets of stop spike strips in the amount of $2,800.00, and one handheld radio unit for $470.00 for a grant total of $51,270.00. Resolution No. 2002-113, authorizing the application for a Local Law Enforcement Block Grant; authorizing the expenditure of funds; accepting said grant award upon notice thereof; authorizing the execution of any and all documents necessary for acceptance and implementation of said grant upon notice thereof, was presented. A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2002-114, waiving all fees and charges incurred by the City of Paris, in responding to an open record request filed by the Paris News, as such waiver is permitted pursuant to Section 552.267 of the Texas Public Information Act, was presented. Following discussion, a motion was made by Councilman Bell, seconded by Councilman Weekly, for approval of the resolution. The motion carried 5 ayes, 1 nay, Mayor Pro Tem Manning voting no. Resolution No. 2002-115, rej ecting all bids for the purchase of a 2002 Year Regular Meeting of the City Council July 8, 2002 Page 16 Mode12-Wheel Drive 90 HP (PTO) Tractor for use at the Water Treatment Plant, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Bell, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2002-116, awarding the bid to APAC - Texas Inc., Buster Paving Division, for the 2002 City Street HMAC Overlay Program in the amount of $303,230.00 and approving the form of the contract, was presented. A motion was made by Councilman Bell, seconded by Councilman Plata, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2002-117, authorizing and directing the City Clerk to advertise for bids for a lease on property located on part of Lots 6 and 7, City Block 251-A, located at 1231 N. Main Street, Paris, Texas, said bids to be received by 3:00 p.m. on Tuesday, August 6, 2002, was presented. A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2002-118, approving and authorizing the execution of a municipal maintenance agreement between the State of Texas, acting by and through the Texas Department of Transportation and the Texas Transportation Commission, was presented. A motion was made by Councilman Weekly, seconded by Councilman Plata, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2002-119, authorizing and directing the City Manager to execute, on behalf of the City of Paris, which is the authorized contracting entity for the performing agent, the Paris-Lamar County Health Department, the contract for Public Health Services, was presented. Regular Meeting of the City Council July 8, 2002 Page 17 A motion was made by Councilman Bell, seconded by Councilman Weekly, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2002-120, accepting the donation of Carole L. Towers, Attorney- in-Fact for Frances C. Miller, of Lots 21, 22, and part of Lot 23, Block 1, Gibbons Park Addition, located at 845 and 855 E. Polk Street, was presented. A motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning, for approval of the resolution. The motion carried 6 ayes, 0 nay. Mayor Pfiester announced that the City Council would convene into executive session pursuant to Section 551-071(1) of the Texas Government Code, consultation with attorney regarding pending or possible litigation, and Section 551.071(2), on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, to receive advice of legal counsel pertaining to a petition filed pursuant to Section 141.034 of the Texas Local Government Code to increase the minimum salary of inembers of the Paris Fire Department. Mayor Pfiester declared the regular session closed, and the executive session open at 8:24 P. M. Mayor Pfiester declared the executive session closed and the regular session open at 9:00 P. M. Resolution No. 2002-121, accepting the certification by the City Clerk as to the minimum number of signatures necessary to qualify a petition filed pursuant to Section 141.034 of the Texas Local Government Code to increase the minimum salary of inembers of the Paris Fire Department, was presented. A motion was made by Councilman Bell, seconded by Councilman, for approval of the resolution. The motion carried 6 ayes, 0 nays. Regular Meeting of the City Council July 8, 2002 Page 18 Resolution No. 2002-122, appointing Mayor Michael J. Pfiester, Councilman Benny Plata, and Councilman Joe E. McCarthy as the City Council Subcommittee to act on the City Council's behalf in negotiations with a committee of petitioners designated in the petition filed pursuant to Section 141, 034 of the Texas Local Government Code to increase the minimum salary of members of the Paris Fire Department, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Weekly, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2002-123, approving and authorizing the City Attorney to seek judicial clarification of ballot propositions presented to the City of Paris regarding minimum pay for various classifications of firefighters in the City of Paris pursuant of Section 141.034 of the Local Government Code, was presented. A motion was made by Councilman McCarthy, seconded by Councilman Weekly, for approval of the resolution. The motion carried 6 ayes, 0 nays. Resolution No. 2002-124, ordering a city-wide special election to be held in the City of Paris on Saturday, September 14, 2002, on the question of increasing pay for members of the Paris Fire Department, was presented. A motion was made by Councilman Weekly, seconded by Councilman Bell, for approval of the resolution. The motion carried 6 ayes, 0 nays. City Attorney Schenk presented the following petition for rezoning. Mack Ross, Lot 5, City Block 294, from a One-Family Dwelling District No. 2(SF-2) to a One-Family Dwelling District No. 3(SF-3). Mayor Pfiester referred the petition to the Planning and Zoning Commission for their study and recommendation at the meeting scheduled for August 5, 2002, and before the City Council August 8, 2002. There being no further business, a motion was made by Councilman McCarthy, Regular Meeting of the City Council July 8, 2002 Page 19 seconded by Councilman Bell, to adj ourn the meeting. The motion carried 6 ayes, 0 nays. MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK