MINUTES REGULAR COUNCIL MEETING JUNE 8, 2009

REGULAR CITY COUNCIL MEETING pg 1
June 8, 2009
MINUTES

The Madisonville City Council met in a regular meeting on June 8, 2009 at 6:00 p.m. at 210 W. Cottonwood, Madisonville, Texas

Meeting called to order at 6:00 p.m.
Meeting called to order with the following members present:
Don Dean-Mayor
Marvin Stanton-Mayor Protem
Donald Myrick-Council Member
Debra Drake-Council Member
Lois Brown-Council Member
Terri Creel-Council Member
Paul Catoe- City Manager
John Bankhead-City Attorney
Rosa Barrera- City Secretary

I. MEETING CALLED TO ORDER: 6:00 P.M.
II. INVOCATION – Donnie Myrick
III. PLEDGES
IV. VISITORS FORUM (3 Minutes) Johnny Ray Sheppard had concerns about septic services to his property located on E Viser and N. Shipp (subject property 704 E Viser). Father Michael Barone spoke about the Texas Mushroom Festival and Bob Wallace spoke about the stimulus application
****Item # 5 was moved to the top of the page per Mr. Hale and the Mayor
5. The City Council may consider and approve/disapprove a rate decrease in electric rates by Entergy Texas, Inc. as specified in the “Statement of Intent To Adopt New Rates” filed with the City of Madisonville on May 26, 2009. (Please work Mr. Hale in upon his arrival as he has (3) other Council Meeting to attend this afternoon.)
*******Motion was made by Terri Creel to approve the rate decrease in electric rates by Entergy Texas Inc. Seconded by Lois Brown Four (4) approve-Terri Creel, Lois Brown, Debra Drake and Marvin Stanton. One (1) abstained was Donnie Myrick works with Entergy Texas Inc. Motion Carried
V. CONSENT AGENDA:
A motion was made by Lois Brown to approve minutes on May 11, 2009, May 20, 2009 and June 4, 2009. Seconded by Debra Drake, All voting aye Motion Carried, Motion was made by Terri Creel to approve Accounts Payable as written, Seconded by Donnie Myrick all voting aye motion carried. A motion was made by Terri Creel to approve Drakes Service as written. Seconded by Lois Brown. Four (4) approve – Lois Brown , Marvin Stanton, Terri Creel and Donnie Myrick One (1) abstained was Debra Drake from Drake Service. Motion Carried.










I. Presentation of the monthly Report for the Madison County EDC – Rick Barrileaux.
• Presentation of information regarding the Madison Bell’s Air Permit hearing which was set for May 26, 2009 in Austin.
• Presentation of information regarding a follow-up meeting with the downtown redevelopment plan sponsored by the Downtown Merchants Association.
• Presentation of information regarding a response to the letter in support of the proposed Bio-Gas facility for the Ferguson Unit sent to Mr. Oliver J. Bell, Chairman of the Texas Board of Criminal Justice.
• Presentation regarding information on the rules and guidelines for a change of use for an exempted sign located on I-45 on property owned by Mr. Sam Rizzo.
• Presentation of information regarding an $8,000 tax credit to qualified first time home buyers to assist in the purchase of homes.
• Presentation of information regarding the impact of Bray Trailers, Dasilveria Southwest, and Buc-ee’s on the City and County.
• Presentation regarding information on the Madison County Economic Development Web Page and the impact of that information regarding the inquiries on homes in the Olde Oaks Addition and a short term lease of industrial storage.
******Discussion only on all above items

II. OLD BUSINESS: The City Council may discuss and take actions on the following Agenda Items:

1. Presentation of information regarding the Wallace Group, Inc.

• Discussions regarding recommendations to initiate plans and specifications for the repairs to the Mc Iver lift stations.
****Discussion Only
• Discussions and possible actions regarding results of flow test for the St. Joseph Hospital water sprinkler system.
****Discussion Only
• Discussions and possible actions regarding the award of a bid for the Collard Street Collection System Improvements.
****Motion was made by Donnie Myrick to award of a bid for the Collard St Collection System Improvements. Seconded by Lois Brown, All Voting aye
Motion Carried
2. Discussion and possible actions regarding the award of Grant Funds for generators from the BVCOG.
****Discussion only
3. Discussion and possible actions regarding bids received for the sale of the old Landfill Property.
****Discussion only
4. Discussions and possible actions to establish an ordinance which provides for
the permitting requirements of clubs, and or any other type establishments that allow person to bring or sell alcoholic beverages or any other prohibited substances
onto any premises within the City Limits and which can or may lead to domestic disturbances resulting in a public riots, fighting or other similar activities which may be considered as a public nuisance, unlawful and a possible threat to human life.
****City Council authorized the City Manager, Chief of Police and the City Attorney to establish an ordinance***




VIII. NEW BUSINESS: The City Council may discuss and take actions on the following Agenda Items:

1. The City Council shall conduct a public hearing on a request by James and Bobbye Burke to change Section 01.12.009 (A.) & (C.) of the Planning & Zoning Regulations. (This request relates to the outside storage of merchandise in a commercial zone)
****Motion was made by Debra Drake to open the public hearing, Seconded by Donnie Myrick, All voting aye Motion Carried.** No comment from the public
****recommendation from the staff is to delete section 01.12.009(A) &(C) of the Planning
and Zoning regulations.
****Motion was made by Lois Brown to close the public hearing, Seconded by Donnie Myrick, All voting aye Motion Carried.
• After closing the public hearing, The City Council may consider action on a request by James and Bobbye Burke to delete Section 01.12.009 (A.) & (C.) of the Planning and Zoning Regulations.
****Motion was made by Debra Drake to delete Section 01.12.009(A) & (C) of the
Planning and Zoning Regulations Seconded by Donnie Myrick, All voting aye,
Motion Carried.
2. The City Council shall conduct a public hearing on a request by BAC Home Loan Servicing, L.P. fna Country Wide Home Loans to change Section 01.30.001 (E); 01.30.002 (B); 01.30.003 (B); and 01.30.004 (B) & (C) of the Planning & Zoning Regulations. (This request relates to the provisions of the 90-day vacancy requirement which requires that grandfathered residential or commercial structures will revert to the conforming use after being vacant for 90-days)
****Motion was made by Debra Drake to open the public hearing, Seconded by Donnie Myrick all voting aye motion carried.
****Mr. Woodward request of the 90 day vacancy requirement which requires that grandfather residential or commercial structures will revert to the conforming use after being vacant for 90 days
****recommendation from the staff is to change the ordinance, eliminate the 90 day provision.
****Motion was made by Donnie Myrick to close the public hearing, Seconded by Lois
Brown, All voting aye, Motion Carried.
****City Attorney advised the City Manager and the Mayor to go into Close Executive
Session and discuss this due to a litigation
****Motion was made by Terri Creel to go into Closed Executive Session at 7:40 P.M.
Seconded by Lois Brown, All voting aye, Motion Carried
****Motion was made by Terri Creel to go into Open Session at 7:50 P.M. Seconded by
Lois Brown All voting aye, Motion Carried
****Motion was made by Terri Creel to close the public hearing, Seconded by Lois Brown
All voting aye. Motion Carried
• After closing the public hearing, The City Council shall consider action on a request by BAC Home Loan Servicing, L.P. fna Country Wide Home Loans to delete the provisions in Section 01.30.001 (E.); 01;30.002 (B); 01.30.003 (B); and 01.30.004 (B) & (C) of the of the Planning and Zoning Regulations.
****Motion was made by Terri Creel to approve the 90 day provision. Seconded
by Lois Brown, All voting aye. Motion Carried





3. The City Council shall conduct a public hearing on a request by City Staff to delete all of Section 01.31.003 Variances (A) (B) (C) & (D) and Section 01.31.004 Appeals (A) & (B.) (This request relates to the elimination of the Planning & Zoning Commission’s authority to grant variances to the P & Z Ordinance and for the City Council to hear appeals of their decisions.)
*****Motion was made by Terri Creel to open the public hearing, Seconded by Donnie
Myrick, All voting aye Motion Carried
*****No comments from the public or staff
*****Motion was made by Donnie Myrick to close the public hearing, Seconded by Terri
Creel, All voting aye Motion Carried
• After closing the public hearing, the City Council shall consider action on a request by staff to delete all of Section 01.31.003 Variances (A) (B) (C) & (D) and Section 01.31.004 Appeals (A) & (B).
*****Motion was made by Terri Creel to approve the request to clean up the ordinance
recommended by the Planning and Zoning Commission, Seconded by Lois Brown
All voting aye, Motion Carried
4. Discussion and possible approval of an ordinance regarding the installation of new stop signs.
*****Motion was made by Lois Brown to approve an ordinance with the approval of TXDOT. Seconded by Donnie Myrick, All voting aye Motion Carried.
5. This item was moved to the top of the page.
6. Authorization for the Mayor to execute an agreement with the Workforce
Solutions to provide the City with temporary summer employment activities
for the City.
*****Motion was made by Terri Creel to approve an agreement with the Workforce
Solutions. Seconded by Donnie Myrick. Four (4)approve-Terri Creel,
Donnie Myrick, Marvin Stanton and Debra Drake. One (1) abstained
was Lois Brown works for Workforce Solutions. Motion carried
7. Discussion and possible actions to consider the renewal of a contract
with Swico Auctions and authorizing the Mayor to execute the renewal letter.
*****Motion was made by Debra Drake to renew the contract with Swico Auctions and
Authorizing the Mayor to execute the renewal letter. Seconded by Terri Creel,
All voting aye Motion Carried.
8. The City Council may enter into closed or Executive Session to discuss the
following matters:
• To conduct a 9-month evaluation regarding the performance of the City
Manager, which is in compliance with Section 7, (B) of the Employment
Contract-Government Code 551.074.
*****Motion was made by Terri Creel to go into closed Executive Session at 8:00 P.M.
Seconded by Lois Brown, All voting aye. Motion Carried
CLOSE EXECUTIVE SESSION:
The City Council for the City of Madisonville reserves the right to
Adjourn into executive session at any time during the course of this
Meeting to discuss any of the matters listed above, as authorized by Texas
Government Code Sections 551.071 (Consultation with Attorney),
551.072 (Deliberations about Real Property), 551.073 (Deliberations
about Gifts and Donations), 551.74 (Personnel Matters), 551.076
Deliberations abut Security Devices) and 551.086 (Economic Development).”
********Motion was made by Lois Brown to go back into open session at 8:55 P.M.,
seconded by Terri Creel All voting aye, Motion Carried



• To conduct a 9-month evaluation regarding the performance of the City
Manager, which is in compliance with Section 7, (B) of the Employment
Contract-Government Code 551.074.
*****No discussion
ADJOURNMENT:
A motion was made by Marvin Stanton to adjourn at 8:55 p.m. and seconded by Terri Creel
All voting aye Motion Carried







___________________________
Don Dean - Mayor
ATTEST:
____________________________
Rosa Barrera – City Secretary