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02 Council Minutes (06/11/01)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, June 11, 2001 The City Council of the City of Paris met in regular session Monday June 11, 2001, 6:00 P. M., Paris Junior 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 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 W. E. Anderson, Director of Finance for the City of Paris. City Manager Malone presented the minutes of the Planning and Zoning Commission meeting held June 4, 2001, and attached hereto as Exhibit A. Mayor Pfiester declared the public hearing open on the petition of Stephanie Hunt for a change in zoning from a Two-Family Dwelling District (2F), to a Neighborhood Service District (NS) on Lot 13, City Block 64-B, being number 727 Pine Bluff Street. Mayor Pfiester called for proponents to appear, and Stephanie Hunt appeared in behalf of the Children's Advocacy Center, 711 Pine Bluff Street, stating they are seeking a zoning change at 727 Pine Bluff Street. Ms. Hunt advised that approximately two years ago they received a donation of two lots on Pine Bluff Street, which were Lots 12 and 13, City Block 64-B. She said they came back before the City Council and had the zoning changed on Lot 12, and at that time, they did not realize that they needed to change the zoning on Lot 13 at 727 Pine Bluff Street. Ms. Hunt told the City Council that they would like to use the adjacent lot for a parking lot. Ms. Hunt explained that the parking lot is to the northeast side of the house and part of the parking lot is behind the actual house located at 711 Pine Bluff Street. Ms. Hunt said when they originally had the rezoning change for 711 Pine Bluff Street, it was their understanding that the parking lot was to be located to the northeast of the house, but they later found that because Lot 13 had not been rezoned, that the parking lot needed to go City Council Meeting June 11,2001 Page 2 behind the house. Ms. Hunt informed the City Council that they fully intend to landscape the area leading up to the parking lot so when they are finished, you will see a grass lawn along with a row of hedges, which will make the parking lot not visible from the street. Ms. Hunt further explained that there are only three full-time employees and the parking lot is also to accommodate the board members when they have meetings. Kenny Daus, President of the Board of Directors for the Children's Advocacy Center, 340 42l~d NE, also appeared in support the zoning change. Mr. Daus said it was brought to their attention that members of the Board of Directors had made statements previously before the City Council that they would place the parking lot behind the house. They made a mistake in thinking they were getting Neighborhood Service zoning for both lots when Exhibit A was attached to the zoning request for Neighborhood Service. Mr. Daus advised that the parking lot will be behind the house and they do not intend to come out any further in the adjoining lot from where they are at the present time. Also, Mr. Daus said they will not have an entrance to this parking lot nor exit on the Cherry Street side of the lot, which was one of the concerns of the neighbors in that area. Mayor Pfiester called for opponents to appear, none appeared and the public hearing was declared closed. ORDINANCE NO. 2001-037 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 NEIGHBORHOOD SERVICE DISTRICT (NS) ON LOT 13, CITY BLOCK 64-B, REQUESTED BY STEPHANIE HUNT, AGENT FOR THE CHILDREN' S ADVOCACY CENTER OF PARIS, INC., OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A City Council Meeting June 11,2001 Page 3 TWO-FAMILY DWELLING DISTRICT (2F); DESIGNATING THE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (NS) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Gray, for adoption of the ordinance with the stipulation that there will be landscaping and shrubs being planted around the parking lot. The motion carried 7 ayes, 0 nays. Mayor Pfiester declared the public hearing open on the petition of Calvin Gibson for a change in zoning from Two-Family Dwelling District (2F), to a One-Family Dwelling District No. 3 (SF-3) With Specific Use Permit (39) Mobile Homes, Lots 19 and 20, City Block 160, being numbers 1050 and 1106 5th Street SE. Mayor Pfiester called for proponents to appear, and Calvin Gibson, 960 S. Main Street, appeared in behalf of his petition. Mr. Gibson said that he requested a rezoning on these lots as he has owned them for several years, and would like to place a manufactured house on the lots. Mr. Gibson advised that this home would be occupied by a homeowner and not renters. Mr. Gibson said that the Planning and Zoning Commission had specified that the manufactured home would have a front porch that leads to the front of the property and an off-street parking space must be provided. Mr. Gibson also discussed with Council Members spot zoning and other mobile homes in the area. Tammy Green, General Manager of Quality Homes, 300 NE Loop 286, was present speaking in favor of rezoning this property. Ms. Green explained that manufactured homes are not what they were twenty years ago, and she agreed with placing stipulations regarding manufactured homes such as driveways, City Council Meeting June 11,2001 Page 4 decks, and porches. Ms. Green advised that the cost for manufactured homes range from $30,000.00 up to $75,000.00. Mayor Pfiester called for opponents to appear, and Glenda Wickersham, 1122 6th SE, appeared before the City Council in opposition to the zoning change, and presented a petition containing twenty signatures of citizens also objecting to the rezoning. Ms. Wickersham felt that a mobile home should not be placed in a neighborhood because it will decrease property value and have a deteriorating effect on the neighborhood. Ms. Wickersham urged the City Council to deny this re-zoning request. Ken Kohls, 3935 Brandon Place, appeared before the City Council advising that he owns property at 825 and 835 5th SE. He said as a former member of the City Council twenty years ago, he was against placing mobile homes in residential areas. Mr. Kohls told the City Council that this is a typical example of spot zoning and it is not fair to the property owners and neighborhood. Mr. Kohls said there is not a standard in the city for a mobile home/manufactured home. Mr. Kohls said they were trying to have neighborhoods of like type property. Mr. Kohls asked the City Council not to approve this rezoning change. Hunter Moore, 4330 Lakeshore, appeared before the City Council stating that he owns property at 1106 6th SE and asked the City Council to deny this rezoning request. No one else appeared, and the public hearing was declared closed. City Manager Malone advised that the Planning and Zoning Commission recommended approval of the zoning change with the stipulations of the mobile having a front porch that leads to the front of the property and an off-street parking space. City Manager Malone presented an ordinance amending Zoning Ordinance No. City Council Meeting June 11,2001 Page 5 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) Mobile Homes on Lots 19 and 20, City Block 160. After discussion, a motion was made by Councilman Bell, seconded by Councilman Carter, to deny the rezoning request. The motion carried 7 ayes, 0 nays. Mayor Pfiester declared the public hearing open to consider the petition of Mary Gibson for a change in zoning from a Multiple-Family Dwelling District No. 1 (MF-1) to a Commercial District (C) on Lots 13B, City Block 157, located at 1095 1 st SW. Mayor Pfiester called for proponents to appear, and Mary Gibson, 960 S. Main Street, came forward telling the City Council that this property is on the corner for 1 st SW and Long Street and across from the Lamar County Jail, with the property to the north and south is zoned Commercial. Ms. Gibson said the zoning change would increase the land appraisal for use as a bail bond business. Mayor Pfiester called for opponents to appear, none appeared, and the public hearing was declared closed. ORDINANCE NO. 2001-038 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A COMMERCIAL DISTRICT (C) ON LOT 13B, CITY BLOCK 157, ON PROPERTY BELONGING TO CALVIN R. GIBSON, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A MULTIPLE-FAMILY DWELLING DISTRICT NO. 1 (MF- 1); DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLISHED; PROVIDING City Council Meeting June 11,2001 Page 6 FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Carter, 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 Ham and T, Inc., a Texas Corporation, for a change in zoning from a Two-Family Dwelling District (2F) to a neighborhood Service District (NS) on Lot 4, City Block 33, located at 133 E. Price Street. 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 presented 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 4, City Block 33. A motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning, to table action on the ordinance changing the zoning from a Two- Family Dwelling District (2F) to a Neighborhood Service District (NS) on Lot 4, City Block 33. The motion carried 7 ayes, 0 nays. Mayor Pfiester declared the public hearing open on the petition of Ashley Redhead for a change in zoning from a One-Family Dwelling District No. 3 (SF-3) to a Multiple-Family Dwelling District No. 1 (MF-1) on Lot 18, Block Q, and Lot 19, Block P, East Park Addition. Mayor Pfiester called for proponents to appear, and Ashley Redhead, 3150 Mahaffey Street, came forward telling the City Council that basically what he City Council Meeting June 11,2001 Page 7 wanted to do is construct triplexes or duplexes at this location. Mayor Pfiester called for opponents to appear, none appeared, and the public hearing was declared closed. ORDINANCE NO. 2001-039 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A MULTIPLE- FAMILY DWELLING DISTRICT NO. 1 (MF-1) ON LOT 18, BLOCK Q, AND LOT 19 BLOCK P, EAST PARK ADDITION, ON PROPERTY BELONGING TO ASHLEY REDHEAD II AND AKWOKWO H RED HEAD, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3); DESIGNATING THE BOUNDARIES OF THE MULTIPLE-FAMILY DWELLING DISTRICT NO. 1 (MF-1) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Mayor Pfiester asked if there were any corrections or additions to the minutes of previous meetings, there being none, the minutes were approved as presented. City Manager Malone presented the minutes of the Paris Public Library Advisory Board, Paris/Lamar County Board of Health, and Main Street Advisory Board with no action being required. Minutes of the Airport Advisory Board were presented with a recommendation City Council Meeting June 11,2001 Page 8 regarding the proposal to construct seven (7) unit versus ten (10) unit nested T-hangars at Cox Field Airport. Mayor Pfiester advised that the recommendation from the Airport Advisory Board was for the seven (7) unit nested T-hangars at Cox Field Airport. Mayor Pfiester announced that the next item on the agenda was consideration of and action on a resolution awarding the bid and authorizing the execution of an agreement with George Spencer Construction for the construction of a seven (7) unit nested T-hangers at Cox Field Airport. He advised that this item had been tabled at the May 14, 2001, City Council meeting, and a motion to bring this item from the table would be required. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Carter, to bring this item from the table. The motion carried 7 ayes, 0 nays. Councilman Plata asked if there were any members of the Airport Advisory Board present that could answer questions. Mayor Pfiester asked if there were Airport Board Members present and there were none. Councilman Plata said he had talked with Mr. Buster regarding this matter, and Mr. Buster advised him that there is a twin engine airplane that has a sixteen foot tail that would not fit in the ones they want to build. City Attorney Schenk advised there are ways they do get some of the airplanes into the hangars. City Attorney Schenk advised that the Airport Advisory Board talked about a bid that had been accepted by the city on the basis of the original specifications. He said the Board was concerned about the consistency of the size of the hangars at the airport, as the current hangars have a seventeen foot front. The City Attorney told the City Council that the Board had polled the people who currently rent the existing T-hangars and questioned if they had a larger hangar that would accommodate a large airplane, would they be willing to move the smaller airplanes to the smaller ten hangars in exchange for leaving the larger hangar open for larger airplanes, and no one wanted to be in that position, the reason being that people have invested in improvements to the interior of the hangars along with equipment that would have to be moved. Attorney Schenk said that City Council Meeting June 11,2001 Page 9 Mr. Ashmore presented the financial information, which is reflected in the Airport Advisory Board's minutes, showing the pros and cons between the seven and ten unit hangars. City Attorney Schenk said he was not sure if the board was convinced that the cost of the ten unit option if competitively bid would be the same as the seven unit. Councilman Plata said he would like clarification from the Airport Advisory Board. Councilman Plata said he had talked to Eric Clifford and asked him if the ten and one-half foot doors would accommodate most any airplane, and that is why he was ready to question this. Councilman Plata informed the City Council that Mark Buster said they would be giving up size and space, but there is no one present to tell him how much physical space would be given up with the ten hangars. City Attorney Schenk explained that there were five members of the board present at the meeting and they presumably have their way of voting one way or the other, so if all five members were here, what you would hear is the reasoning of each of the members. City Attorney Schenk said that the current configuration as to the wing to wing is very tight right now for some airplanes. Councilman Bell explained how you can get a sixteen foot tail under a fourteen foot door by using a ramp. City Manager Malone advised that the Acting City Engineer, Frank Davis, had a recommendation for a minimum of twelve feet for the doors of the T-hangars and that recommendation was also given to the Airport Advisory Board. After further discussion, a motion was made by Councilman Bell, seconded by Councilman Carter, for approval of the resolution awarding the bid and authorizing the execution of an agreement with George Spencer Construction for the construction of a seven (7) unit nested T-hangar at Cox Field Airport. The motion failed with 2 ayes, 5 nays, Councilman Plata, Councilman Gray, Councilman Manning, Councilman McCarthy, and Mayor Pfiester voting no. City Council Meeting June 11,2001 Page 10 Councilman Plata said he would like to see the physical specs on the dimensions of the inside of the T-hangars to see the square footage that is available. It was the consensus of the City Council that at the next regular meeting to have the Airport Advisory Board present in order to get a clear mandate from the Airport Advisory Board as to what they want. The City Council will look at the plans and specifications, make a decision then, and try to get the hangers rebid and get those bids back to the City Council so they can award the bid. Tommy Haynes, Project Coordinator, came forward explaining to the City Council that the seven T-hangers as specified by the city are 251 feet long and the ten hangars that Mr. Wendell Moore proposes to be done with the same amount of funds was 225 feet. Mr. Haynes said the city would be getting a smaller hanger but many of the airplanes will fit into the hangar. It was explained that the people who have the larger hangars at this time will not want to give that hangar up for the smaller unit. Mr. Haynes said that the Acting City Engineer' s recommendation for the hangars is to have a minimum twelve foot door height, not a ten foot four inch height as recommended by Mr. Moore. Mr. Haynes also advised that the city will have additional plans and specifications and that staff will probably not be able to come back next month with plans and specifications ready for bidding, and it make take several months. Mr. Haynes explained that the city can not take one company' s plans and specs, because it would not be a fair bidding process. After further discussion, a motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, to reject all bids. The motion carried 5 ayes, 2 nays, Councilman Bell and Councilman Carter voting no. The City Manager presented the minutes of the Paris Economic Development Corporation with no action being required. Dr. Richard Swint, 2510 Stillhouse, appeared before the City Council giving City Council Meeting June 11,2001 Page 11 the Council Members a handout regarding the Southwestern Bell Telephone Company and potential problems with deregulation of electric service. Dr. Swint said this is an issue that should be important to the City of Paris, especially for projecting the growth in regard to telephone service and he was also relating this to the electric service. Dr. Swint said the purpose of this is to make the City Council aware of the significance of this evolving standard of poor utility repair service. Dr. Swint told the City Council that this has come about through deregulation. He said that recently he had a telephone outage at his house for ten days. Prior to that, his mother had a telephone outage for five days, and he gave another example with his electrical service being out and within two hours it was repaired. Dr. Swint said on Memorial Day, he discovered large limbs on his mother's electrical line here in Paris. He called Texas Utilities and those large limbs were removed within two hours. Dr. Swint said this came more to his attention by the fact that the Wall Street Journal has committed two pages recently to this problem, and one of the headlines is, "Complaints Rise as Phone Service Problem Mount." He said there are issues of large fines being paid by telephone companies, and they had rather pay the fine than improve the service. Dr. Swint read the following quote from the Austin American Statesman made by the Utility Commission, "The guidelines cover issues such as timely installation of service and resolving complaints within eight working hours." Dr. Swint pointed out again that he had service outage for ten days. Dr. Swint said he felt that the City Council should consider these issues, and get public information about how much trouble our people have been having in getting their telephones repaired, and thought that the city might contact other small cities and form a coalition to work on this situation. ORDINANCE NO. 2001-040 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, GRANTING TO STEVE B. RANEY AND WENDY L. RANEY, DBA YELLOW CAB COMPANY, AND EXTENSION OF AN EXISTING FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF City Council Meeting June 11,2001 Page 12 PARIS FOR THE PURPOSE OF TRANSPORTING PAS SENGER 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 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 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 SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIAL OF THE CITY OF PARIS; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. City Attorney Schenk advised the City Council that he has had an inquiry about the insurance requirements and he was recommending a reduction in coverage to $25,000.00 per occurrence, $50,000.00 per event for personal injury coverage, and $25,000.00 for property damage. The City Attorney advised that this enhanced insurance coverage is consistent with today' s insurance demands and other prior city ordinances, but Mr. Raney has indicated that he prefers the minimum coverage required by law, which is $20,000.00 per occurrence, $40,000.00 per event for personal injury coverage, and $15,000.00 for property damage. City Attorney Schenk also pointed out that the franchise is for a one year duration in anticipation of consideration of a new regulatory ordinance. Mr. Steve B. Raney, 3760 Woodland Lane, owner of the Yellow Cab Company, came forward stating that his insurance agent has advised him that anything above the state minimum requirements would not be available for him. Mr. Raney said his agent has found automobile liability coverage in the amount of $25,000/$50,000/$25,000. Mr. Raney gave a brief history of his business for the past seven years and discussed the cost of the higher limits of liability with City Council Meeting June 11,2001 Page 13 the City Council and City Attorney. After further discussion, a motion was made by Councilman Carter, seconded by Councilman Plata, to adopt the ordinance with the limits of liability of $20,000.00 per occurrence, $40,000.00 per event for personal injury coverage, and $15,000.00 for property damage. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2001-041 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, GRANTING TO DENNIS NELMS, DBA CITY CAB COMPANY, AND EXTENSION OF AN EXISTING FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS, AND HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORTING PAS SENGER 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 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 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 SAID BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE OFFICIAL OF THE CITY OF PARIS; AND PROVIDING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Carter, seconded by Councilman Bell, for adoption of the ordinance with limits of liability of $20,000.00 per occurrence, $40,000.00 per even for personal injury coverage, and $15,000.00 for property damage. The motion carried 7 ayes, 0 nays. City Council Meeting June 11,2001 Page 14 Resolution No. 2001-073, endorsing the cooperative application of various visitor groups to update and revitalize the Lake Trail Region, under the Texas Travel Trails Regional Program offered through the Texas Historical Commission, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman McCarthy, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-074, resolving that the Violent Crimes Against Women Unit Grant No. WF-99-V30-13420-03, for the period beginning June 1,2001, and ending May 31, 2002, in the total amount of $78,594.00, requiring a matching contribution of $26,986.00 of in-kind services, be, and the same is hereby accepted, and the City Council of the City of Paris does hereby assure the Criminal Justice Division that in the event of loss or misuse of grant funds, such funds will be returned to the Criminal Justice Division in full, was presented. A motion was made by Councilman McCarthy, seconded by Councilman Bell, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-075, authorizing the City Manager to execute, and the City Clerk to attest to a contract between the City of Paris and Family Haven Crisis and Resource Center, Inc., a copy of which said contract is attached hereto as Exhibit A and for all purposes incorporated herein, to retain Family Haven Crisis and Resource Center, Inc, as a service provider in aid of Criminal Justice Division Grant No. WF-99-V30-13420-03 in working with representatives of the City of Paris Police Department to provide services to assist in the reduction and prosecution of violent crimes against women and to provide other services as set out in said agreement, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-076, authorizing and directing the City Manager to execute on behalf of the City of Paris, and the City Clerk to attest to a Letter of Agreement by and between the City of Paris and the Texas Historical City Council Meeting June 11,2001 Page 15 Commission to authorize the city to continue as an Official Graduate Main Street City and to participate as a graduate city in the Texas Main Street Program, was presented. A motion was made by Councilman Bell, seconded by Councilman Carter, for approval of the resolution. The motion carried 7 ayes. 0 nays. Resolution No. 2001-077, approving the plans and specification for the construction of the 2001 City Street HMAC Overlay Program Project No. 46.53; authorizing the advertisement for bids for said construction; making other findings and provisions related to the subject, was presented. A motion was made by Mayor Pro Tem Manning for approval of the resolution. The motion was seconded by Councilman Plata and carried 7 ayes, 0 nays. Resolution No. 2001-078, approving and authorizing a letter of consent by and between the City of Paris and Meridan Alliance Group, LLC and its client, Fast Food Holding, LTD, for the siting of a ground water monitoring well in the right-of-way of 7th Street in the City of Paris, was presented. A motion was made by Councilman Plata, seconded by Councilman Gray, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-079, authorizing and directing the City Attorney, Larry W. Schenk, and the Director of Public Works, Terry Townsend to proceed to acquire by eminent domain or otherwise the property for the Southeast Water Line Replacement Project No. 18-0340-83-50, was presented. A motion was made by Councilman McCarthy, seconded by Mayor Pro Tem Manning, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-080, authorizing and directing the Mayor of the City of Paris to execute on behalf of the City of Paris the tax resale deed and any and all documents necessary to convey Lot 6, Block 14, Gibbons and Branden Addition to Helen Meeley, was presented. A motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning, for approval of the resolution. The motion carried 7 ayes, 0 nays. City Council Meeting June 11,2001 Page 16 Resolution No. 2001-081, resolving that a supplemental grant 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, 2000, and ending August 31, 2001, in the amount of $69,000.00 with no match required by the City of Paris was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Bell for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-082, approving the form of Change Order No. Two to the Contract for the Martin Luther King, Jr. Drive Extension from 6th Street NE west to N. Main Street Project, to reflect a lineal footage change in item No. 1 of the unit price schedule and providing for a net decrease of $5,000.00 in the contract price, for a total contract price of $444,775.00, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Carter, for approval of the resolution. The motion carried 7 ayes, 0 nays. City Manager Malone presented a resolution approving a new policy regarding inspection of and the installation of curb, gutter, and driveway culverts. Terry Townsend, Director of Public Works, came forward telling the City Council that this is a new policy which places sole responsibility on the property owners or contractors instead of the City of Paris. They will still come and get a permit for the work to be done, and the city will still inspect the jobs, but the property owner or contractors will have to have their own engineer. After further discussion, a motion was made by Councilman Bell, seconded by Councilman Gray, to table action on this resolution. The motion carried 7 ayes, 0 nays. City Manager Malone presented a resolution exercising the City's option to terminate in part that lease by and between the City of Paris and Red River City Council Meeting June 11,2001 Page 17 Valley Fair Association, Inc. to designate property at the fair grounds as the site of the new animal shelter. Lt. Bob Hundley with the Paris Police Department came forward requesting on behalf of the Police Chief, Karl Louis, that the City Council table action on this item. He stated that there was a possibility that another property might be available and requested an opportunity to investigate. A motion was made by Councilman McCarthy, seconded by Councilman Plata, to table action of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-083, authorizing intervention before the Railroad Commission of Texas in GUD No. 9180 or a successor docket; authorizing participation with other cities served by TXU Gas Distribution in administrative and court proceedings involving TXU Gas cost reconciliation matters related to a filing made in the summer of 2001 as directed by a Steering Committee of Cities; designating a representative of the city to serve on a Steering Committee; requiring reimbursement of reasonable rate case expense, was presented. A motion was made by Councilman Bell, seconded by Councilman Carter, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-084, approving the form of Amendment No. One to Tax Abatement Agreement Between the City of Paris, Paris, Texas, and Sesaco Corporation dated March 12, 2001, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Carter, for approval of the resolution. The motion carried 7 ayes, 0 nays. City Attorney Schenk presented the following petitions for rezoning: A1 Turinsky, Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 11, West Side Addition, from a One-Family Dwelling District No 2 to a One-Family Dwelling District No. 3 with Specific Use Permit 39 Mobile Homes; Pat Murehead, Lot 4, Block 2, Hillcrest Addition, from a One-Family Dwelling District No. 2 to a One-Family City Council Meeting June 11,2001 Page 18 Dwelling District No. 2 with Specific Use Permit 14 Day Camp. Mayor Pfiester referred the petitions to the Planning and Zoning Commission for their study and recommendation at their meeting scheduled for July 2,2001, and before the City Council July 5, 2001. City Attorney Schenk pointed out that the City Council had been furnished an extensive amount of information that deals with the Citizens Aggregate Power Project. City Attorney Schenk said this is helpful information on the topic of deregulations, and if the City Council had any questions about this information, the next meeting of CAPP will be on June 21,2001. City Manager Malone gave a report on the Storm Debris Removal Program noting that the FEMA project is complete; however, administration of the city's reimbursement is on going and the city has yet to receive another payment from FEMA since the original $125,000.00 reimbursement. He said the city's large project request should be close to one million dollars; and we still have outstanding small projects to be reimbursed. The brush pick-up is on going with the Public Works staff, and as of this morning, the city has almost 350 stops on the brush list. City staff has utilized the two chippers and one knuckle boom loader to dispose of the brush. City Manager Malone said that, on the average, they have picked up forty-five stops, three days a week and some times four days. City Manager Malone said after discussion with the contractor and inspector with regard to the Long Avenue Rehabilitation Project, it is thought they should be ninety-nine percent complete and should be through in no more than two weeks. The contractor promised to have the crew working as long as the weather holds. City Manager Malone discussed the status of the Drainage Projects. The small projects that have been completed are: 6th SW and Sherman, 3000 block of Lamar, 32l~d SW and Kaufman Street, 500 block of Parr Avenue, 340 34th NE, City Council Meeting June 11,2001 Page 19 350 34th NE and 420 34th NE, the 1000 Block of 20th NE, and 19 NW and Campbell. He said there is a small project currently under way in the 300 Block of 31 st SE. Projects that are not yet started are in the 500 Block of 26th SE, the 1000 Block of East Jackson, 12th SE and Old Jefferson Road, 16th NW and Henderson, 26th SE and Simpson, 42l~d and Holbrook, and 24th Street and Lamar. City Manager Malone advised that Fire Station No. 2 on Pine Mill Road should be ready in a few weeks, and Fire Station No. 4 should be complete by July 18th if the weather remains good. A dedication and open house is scheduled for July 18, 2001. The City Manager reported that the Owner Occupied Rehabilitation/Reconstruction Grant Program has almost completed the first seven homes. Eight more homes are to be started within thirty days and following their completion twelve more homes will be constructed. He said these homes are new home at a cost of approximately $25,500.00 each. City Manager Malone gave a report on the Santa Fe - Frisco Depot Project, stating that the architect is to make his final corrections to the plans and specifications with in the next two weeks and hopefully bids will go out in July. Reporting on the status of the Salary and Wage study, the City Manager stated that he is planning to make a quarterly one time payment of 3% for the quarter sometime in early July. He stated that the department heads had forwarded questions and concerns to the consultant, Patrick Simmons. As a group, the Administrative Staff will try to come to a consensus and make recommendations for the City Council to consider. City Manager Malone reported that the Paperless Agenda Project is almost complete, with the laptop computers having been distributed to the City Council Members and the agenda being furnished on a CD ROM. He said the website where the information will be posted for the public is still being City Council Meeting June 11,2001 Page 20 worked on. City staff have done all they can and vendors are now working to make it possible to post the agenda on the web so the public can view the information. City Manager Malone gave a report on the status of the Sanitary Sewer Evaluation Survey Report Repair Projects. He noted that to date, they have twelve manholes reconstructed with epoxy lining, 892 line point repairs, 2652 manholes repairs, 14,390 linear feet of line segments that have been replaced, 22 manholes have been added to the system for maintenance purposes, 5 manholes have been replaced, 116 clean-outs have been repaired or replaced, one manhole has been abandoned, 10,500 linear feet of outfall line has been replaced, and the main outfall line project is completed. City Manager Malone said the city will be in compliance with the Clean Water Act by August 2001, and they will be meeting with the EPA in the near future. City Manager Malone said the city has received a $150,000.00 grant from the Texas Department of Transportation Aviation Division and part of this money will be utilized to build a taxiway around the proposed T-hangars at Cox Field Airport. He said the dirt work and drainage work around the proposed T- hangars will be in the approximate amount of $95,000.00. The City Manager said this is a 90-10 grant. He also said there are new waterlines that are to be installed to replace poor quality lines in that area and it is expected to be paid for out of this grant. City Manager Malone said the prisoners from the Bonham State Jail are painting hangar H, which is the large rental hangar. This is being done through a grant, which is a 50-50 grant from TxDOT Aviation Division. He said this grant is paying 50% of the materials for the painting. Also under this grant, the city is receiving 50% of the cost of the three security cameras that are being installed at a total cost of $5,300.00. There being no further business, a motion was made by Councilman McCarthy, seconded by Councilman Bell, to adjourn the meeting. The motion carried 7 ayes, 0 nays. City Council Meeting June 11,2001 Page 21 MICHAEL J. PFIESTER, MAYOR ATTEST: MATTIE CUNNINGHAM, CITY CLERK