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02 Council Minutes (07/09/01)MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, JULY 9, 2001 The City Council of the City of Paris met in regular session Monday, July 9, 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, Kevin Gray, John A. Carter, Jr., 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. Mayor Pfiester asked if there were any corrections or additions to the minutes of previous meetings, there being none, a motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning, that the minutes be approved as presented. The motion carried 7 ayes, 0 nays. City Manager Malone announced that the City Council had been furnished minutes for the Paris Public Library Advisory Board, Airport Advisory Board and the Paris Economic Development Corporation with no action being required. Under personal appearances, Skip Ogle with Southwestern Bell Telephone Company, appeared before the City Council reporting on the improved service to the City of Paris community. Mr. Ogle reported that Southwestern Bell has certainly had their share of weather related problems such as the ice storm in December of 2001, and severe thunderstorms that did considerable damage. Mr. Ogle said both storms forced Southwestern Bell into the emergency stage and put them into a reactive mode of repair of the infrastructure that serves the City of Paris. He advised that today they are in the process of repairing and replacing their antiquated lines, replacing several terminals and reconditioning equipment for advanced services. Mr. Ogle said they have more than nine miles of line projected to be replaced and nearly one-third of those have been replaced already. Mr. Ogle stated that they handled 4200 service orders and he Regular Council Meetrng July 9, 2001 Page 2 noted that this is more service orders that they handled in the City of Paris than in the City of McKinney, which is one of the fastest growing cities in the nation. Mr. Ogle said they have increased their workforce by 20% to 30% and these are the heroes that they talked about just a few months ago that worked 24/7 in the City of Paris to get the system back on line after both storms. Last October, Southwestern Bell introduced their digital subscriber line, which offers high speed internet up to fifty times faster than the usual dial-up modems that people are using today. Mr. Ogle advised the City Council that Southwestern Bell is introducing their high-speed internet satellite. He said this is a comparable product similar to the digital subscriber line. Bob Bass of Allison, Bass & Associates, LLP., appeared before the City Council regarding redistricting of the City Council districts. Mr. Bass gave an overview of the reapportioning of voting districts which is composed of governmental units and it came out of the U. S. Constitution and various federal statutes. Over the years, court cases have applied the duty of redistricting or reapportioning representative districts to even smaller governmental units. The principle of one man, one vote is the constitutional goal to be achieved in this process. Mr. Bass said that if the city does an assessment and determines that the existing boundaries are still within acceptable tolerance, you are not obligated to redraw the boundaries, but after a ten-year span, most governmental units found themselves needing to redraw the boundaries. He said if you are out of balance, any change you make triggers the Voting Rights Act. The Voting Rights Act is designed to avoid discrimination against minority voters. It has several sections that are significant to the city. Section Two allows individual residents of the city to bring suit. Section Five obligates the city to get preclearance from the Department of Justice for any changes they propose in the boundaries of a district. Mr. Bass advised that the city would adopt some criteria for reapportionment that would include compactness or contiguous issues. They would try to Regular Council Meetrng July 9, 2001 Page 3 respect the existing neighborhoods or other community interests. It is a legitimate concern to protect incumbents, meaning leave the incumbent in the district that they reside in now, preserving the core of their existing district where possible. Mr. Bass said it is also an obligation under the Voting Rights Act that minority voting rights be protected. He noted, however, that Shaw vs. Reno held that you must continue to avoid dilution or fragmentation of the minority voting population, but the standards that were applied before have been modified. It is no longer required that you maximize minority districts. Benchmarks established under prior law, where political gerrymandering or racial gerrymandering was done may be suspect. Districts that have a bizarre appearance or appear to link communities of interest that really have nothing in common may be scrutinized. Mr. Bass advised that race may no longer be a predominant factor in reapportionment, and, if it is considered, it must be narrowly tailored to address voting rights issues. Mr. Bass advised that what they would do is take the city population and divide by the number of seats on the City Council, which would give an ideal district size. He would count the population in each of the existing districts and compare that to the ideal size. Mr. Bass said they would rank them largest to smallest and compare the percentage of deviation between the largest and smallest district and if the combined percentage of the top and bottom districts exceed ten percent, then the city would be required to redraw the boundaries. If redistricting is required the city has several duties. You have to achieve balance, but in the process you should not retrogress. You should not fragment minority population. Mr. Bass said most of the steps have been accomplished by assembling maps of the existing districts, identifying polling places, looking at the application of state law to the existing and any proposed boundaries. He said that some of those duties are imposed on the county as the Commissioner's Court is the one that creates election precincts and the county must honor the city districts. Mr. Bass advised the City Council that often a governmental unit will appoint a Citizens Advisory Committee. It is not required, but it is recommended. He Regular Council Meetrng July 9, 2001 Page 4 said what he would recommend to the City Council is that a committee be appointed because it enhances the sense of involvement by the community. It assures open government, and the Department of Justice likes to see such involvement. Mr. Bass recommended, if it is the City Council's decision to appoint a committee, that each Council Member appoint two members from their district with the Mayor reserving the right to appoint three members and that membership should roughly approximate the ethnic makeup of the community as a whole. Mr. Bass explained that the duties of the Advisory Committee would be to review any plans that may be proposed from outside, host public hearings, assist in the formulation of one or more plans and to make a recommendation to the City CounciL Mr. Bass did say that the Council has the authority to adopt the redistricting boundaries, so the ultimate responsibility is on the City Council. Mr. Bass advised the City Council that a plan should be submitted to the U. S. Justice Department by the end of September in order to have the plan precleared in time for the election in May. The Department of Justice has sixty days for review, and often they will ask for additional information, and if they do, they have an additional sixty day period in which to review the new information. Resolution No. 2001-085, authorizing the issuance of an order calling for the redistricting of political boundaries and City Council Districts within the City of Paris in accordance with census data issued by the United States Census Bureau and State and Federal Law and Section 8 of the City Charter; authorizing the Mayor to execute said order and the City Clerk to attest to same, 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. Mayor Pfiester called for discussion of future appointment of a Citizens Advisory Committee for reapportionment purposes. Regular Council Meetrng July 9, 2001 Page 5 After discussion a motion was made by Mayor Pro Tem Manning, seconded by Councilman Bell, to not have a Citizens Advisory Committee for reapportionment. The motion failed with 3 ayes, 4 nays. After further discussion, a motion was made by Councilman Plata, seconded by Councilman Gray, to have a Committee composed of the City Council and each Council Member appoint one person from their district and the Mayor appoint one person at-large. The motion carried 5 ayes, 2 nays, Councilman Bell and Mayor Pro Tem Manning voting no. Shawn Ackerson of the engineering firm of Bucher, Willis & Ratliff, appeared before the City Council and presented a Draft Comprehensive Plan. Mr. Ackerson said the document details the planning process and discusses how the Comprehensive Plan is to be used and what the requirements are of the state statutes for the plan. Mr. Ackerson said a Comprehensive Plan is a plan to guide the zoning decisions, development decisions, and investment decisions for the future of Paris. It includes a brief economic history of Paris, the role of the Zoning Ordinance, the Subdivision Regulations, Planning and Zoning Commission, City Council, Board of Adjustment, and the basis for decision making for those bodies. Mr. Ackerson pointed out that there are three recommendations from the Planning and Zoning Commission, which have not been removed from the plan, and those recommendations are to delete the Regional Park Section, pages 47 thru 52, which should be covered in the City Park and Recreation Master Plan; delete the section on page 62 that requires a sidewalk be installed on at least one side of the street in new subdivisions; and to delete the section on page 70 and 71, Require Detailed Site Planning Standard for Retail/Commercial and Multi-Family Residential Development. He said the Planning and Zoning Commission felt this would be too expensive and developers would not build if requirements were too strict. Mr. Ackerson said that he understands that the city is in the process of updating the Park Master Plan and they can remove that section, but felt it should be referenced in the Regular Council Meetrng July 9, 2001 Page 6 plan in that section or included with the conclusions and findings as an additional appendix, so it will all be available in a single source. Mayor Pfiester called for consideration of and possible action on various options or modifications thereof for development pursuant to a recent study of Lake Crook by the C. T. Brannon Corporation. City Manager Malone advised the City Council that they had been furnished a copy of the study of Lake Crook for their review and that there are several different options available for adoption. After discussion, a motion was made by Mayor Pro Tem Manning to adopt the recommendation of Option Number Two. City Manager Malone read Option No. Two with the recommendations. Mark Rothfuss appeared before the City Council in support of Option Number Two of the Lake Crook Study. The motion was seconded by Councilman Bell and carried 7 ayes, 0 nays. Mayor Pfiester called for consideration of and action on selecting an engineering firm for the Downtown StreetScape Project, "Statewide Transportation Enhancement Program" Grant No. CSJ-0901-29-017, Project STP 2000 (615) TE. City Manager Malone advised that there were two proposals for this project and recommended that the proposal of Hayter Engineering be selected. City Manager Malone advised that two firms are being considered to design this project, ARCHITEXAS and Hayter Engineering. City Manager Malone stated that the staff was utilizing a process set out by TXDOT regulations on how to go about choosing a consultant. He said this is the recommendation Regular Council Meetrng July 9, 2001 Page 7 of the Committee composed of Tommy Haynes, Project Coordinator, Terry Townsend, Director of Public works, and himself. He stated that if the City Council concurs with the selection of Hayter Engineering, then a contract will be developed with all elements and cost,and will be brought back to the City Council for consideration. Reeves Hayter appeared before the City Council and discussed this project with the City Council. After discussion, a motion was made by Councilman McCarthy, seconded by Councilman Bell, to select Hayter Engineering for the Downtown StreetScape Project. The motion carried 7 ayes, 0 nays. Mayor Pfiester announced that the next item on the agenda was a presentation of and possible action regarding optional provisions for a tower ordinance. City Attorney Schenk said there are a number of purposes which can be served by this proposed ordinance. He said the Legal Department has attempted to compile a comprehensive list of purposes from other ordinances and a list of fifteen proposals have been furnished the City Council for review and consideration. City Attorney Schenk advised that the general purpose of this ordinance is to regulate the placement, construction, and modification of towers and telecommunications facilities in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications market place in the City. The purposes of this ordinance are as follows: 1. (a) To regulate the location of towers and telecommunications facilities in the city. . Regular Council Meetrng July 9, 2001 Page 8 (b) To protect residential areas, historic areas, and land uses from potential adverse impact of towers and telecommunications facilities; (0) To provide a range of locations for wireless telecommunication facilities in all zoned areas of the city unless otherwise prevented; (d) Within any zoning district wherein wireless communication facilities are permitted, to provide clear performance standards addressing the siting of wireless communications facilities; (e) To minimize adverse visual impact of towers and telecommunications facilities through careful design, siting, landscaping, and innovative camouflaging techniques; (t) To encourage the location of wireless communications facilities on existing structures, including utility poles, signs, water towers, buildings, and other similar facilities where feasible; (g) To promote and encourage shared use/collocation of towers and telecommunications facilities as a primary option rather than construction of additional such facilities; (h) To promote and encourage utilization of technological designs that will either eliminate or reduce the need for erection of new towers and telecommunications facilities; (I) To streamline and expedite permitting procedures to effect compliance with the Federal Telecommunications Act of 1996; (j) To enhance the ability of providers of telecommunication services to provide such service to the community quickly, effectively, and efficiently; Regular Council Meetrng July 9, 2001 Page 9 (k) To avoid potential damage to property caused by towers, support structures, and telecommunications facilities by insuring such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or are determined to be structurally unsound, and to ensure that towers, support structures and telecommunication facilities are compatible with surrounding land uses. The City Council was in agreement with all of the above purposes of the proposed ordinance. 2. Confirm the intent of this ordinance is solely to regulate the placement of antenna arrays on tower structures or other similar structures intended to be elevated in the air. The City Council did not agree with this purpose and asked that it be eliminated. 3. Does the City Council believe that these regulations should apply to governmental agencies? The City Council were in agreement to this purpose as long as the primary purposes of the tower is for the use of the government entities. 4. Does the City Council believe that such towers should be permitted as a matter of right only in the areas of heavy industrial, light industrial, and commercial zoning? In addition, should towers be permitted in an agriculturally zoned area with a specific use permit? If the City Council believes that tower should be located in areas other than industrial, commercial, and agricultural, in what zoned area should such towers to permitted? Steve Methven, Chief Building Inspector, came forward stating that it is his recommendation to allow towers that will be located in areas zoned heavy Regular Council Meetrng July 9, 2001 Page 10 industrial, light industrial, commercial and agricultural with a specific use permit. After discussion it was the consensus of City Council to permit towers in heavy industrial, light industrial, commercial and agricultural zoning. 5. Does the City Council believe this ordinance exempt from coverage of amateur radio station antennas under thirty-five to seventy-five feet in height used by a licensed radio operator or which is used exclusively for receive only purposes. It was the consensus of the City Council that amateur radio station antennas under seventy feet be exempted. 6. Should the city impose height limitation for such additions to existing structures, and if so what limitations should be imposed? The City Council felt that the maximum height of 260 feet for a tower. 7. Should the city require setbacks? If so, how much? It was the consensus of the City Council that a setback be required of 100% of the length of the tower. 8. Should the city impose a separation requirement requiring a tower to maintain a distance of say 200 feet from any residential zoned property? What separation requirement should the City of Paris impose, if any, on the distance between towers? The City Council agreed to impose a separation requirement of 150 feet from any residentially zoned property, and no separation requirement. 9. Is aesthetics a concern to the City of Paris? Regular Council Meetrng July 9, 2001 Page 11 The consensus of the City Council was no, aesthetics was not a concern. 10. Should the ordinance limit the kind of lighting that can appear on towers to only that kind of lighting imposed by state or federal law? The City Council was in agreement that the lighting be limited to those imposed by state or federal law. 11. Should a limitation be placed on towers in the City of Paris regarding the nature or kind of signage that can appear on towers , with all commercial signage prohibited? The City Council was in agreement that there should be limitation placed on towers. 12. Should the City of Paris ordinance require security fencing? The City Council agreed there should be fencing. 13. Should the City of Paris require applicants for a permit to reimburse the city for cost incurred in hiring a special consultant for permit applications which involve tower issues that are extremely complex? The City Council agreed that the City of Paris should require reimbursement. 14. Should the City of Paris require an application fee to reimburse the city? It was the consensus of the City Council to require an application fee to reimburse the city the cost of administering the ordinance and processing and reviewing applications. 15. Is the concept of collocation something that the City of Paris should address? Regular Council Meetrng July 9, 2001 Page 12 The City Council felt that the concept of collocation is something that the city should address. New towers should be required to be built to structural standards that would accommodate one or more additional antenna array. The city should impose a requirement for an applicant to provide assurance to the city that it has considered other collocation sites before applying, and the city should include some regulatory incentives dealing with the height, siting, etc., of towers if they are collocated on existing structures. Pat Thompson with Faulk & Foster appeared before the City Council regarding the collocation issue and reminded the Council that tower companies are not in the business of building towers, but they are in the business of providing communication services. Ms. Thompson said that if the tower companies can recoup the money they have invested in building a tower by use of collocation, that is what they are going to do. Ms. Thompson suggested that applicants submit proof that they have attempted to consider other options, or the site location was not acceptable. Mayor Pfiester called for consideration of and action on approval of City Manager's appointment of a Library Director. City Manager Malone said he was pleased to submit for the City Council's approval in accordance with Section 23 of the Charter of the City of Paris his appointment of Betty Landon to the position of Library Director of the Paris Public Library. The City Manager said she holds a Master's degree in Library Science from North Texas State University and has extensive experience in the profession. A motion was made by Mayor Pro Tem Manning, seconded by Councilman McCarthy, approving the appointment of Betty Landon to the position of Library Director. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2001-044 Regular Council Meetrng July 9, 2001 Page 13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS BE AMENDED BY REVISING SECTION 26-1 OF SAID CODE, PROVIDING FOR EXPANSION OF THE POLICE DEPARTMENT; 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 Councilman Bell, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2001-045 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING SECTION IX (3) OF ORDINANCE NO. 1315, THE SUBDIVISION REGULATIONS OF THE CITY OF PARIS, TO REQUIRE WRITTEN APPLICATIONS OF SUBDIVIDERS WHO REQUEST PARTICIPATING AID FROM THE CITY OF PARIS IN THE CONSTRUCTION OF STREETS, WATER AND SEWER LINES, AND OTHER UTILITIES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Plata, seconded by Councilman Carter, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Resolution No. 2001-086, approving the form of the Contract Change Notice No. 04 (Attachment No. Ol-A) to the Contract for Public Health Services, TDH DocumentNo. 7560022067-2001, and authorizing and directing the City Manager to execute, on behalf of the City of Paris, which is the authorizing contracting entity for the performing agency, the Paris-Lamar County Health Department, Contract Change Notice No. 04, regarding Community Oriented Public Health, was presented. A motion was made by Mayor Pro Tem Regular Council Meetrng July 9, 2001 Page 14 Manning, seconded by Councilman Carter, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-087, approving the form of the lease agreement with the Boys Club of Paris, and authorizing and directing the Mayor to execute, on behalf of the City of Paris the lease agreement with the Boys Club of Paris for the use of Reece Field during the months of April, May, June, and July of each year for five (5) years beginning in 2002, 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. 2001-088, authorizing and directing the Mayor to execute, on behalf of the City of Paris, the tax resale deed and any and all documents necessary to convey the property described as Lot l, Block 13, Belmont Addition, being number 632 llth Street N. E., to Sharon McCuin, was presented. A motion was made by Councilman Bell, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-089, authorizing and directing the Mayor to execute, on behalf of the City of Paris, the tax resale deed and any and all documents necessary to convey the property described as Lots 10 and 11, City Block 87, being numbers 705, 707, and 725 W. Campbell Street, to Danielle Twitty, was presented. A motion was made by Councilman Bell, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-090, authorizing and directing the Mayor to execute, on behalf of the City of Paris, the tax resale deed and any and all documents necessary to convey the property described as Lot 1, Block B, Porter's 2na Addition, being number 2600 W. Sherman Street, to Melba Barbee, was presented. A motion was made by Councilman Bell, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-091, authorizing and directing the Mayor to execute, on Regular Council Meetrng July 9, 2001 Page 15 behalf of the City of Paris, the tax resale deed and any and all documents necessary to convey the property described as Lots 1 through 4, Block l, Margraves, Phillips, and Estes Addition, being numbers 838, 846, 854, and 902 7th Street N. E., to Glenda K. Jackson, was presented. A motion was made by Councilman Bell, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-092, authorizing and directing the Mayor to execute, on behalf of the City of Paris, the tax resale deed and any and all documents necessary to convey the property described as Lot 11, City Block 96, being number 833 3rd Street N. W., to Billy & Linda Hill, was presented. A motion was made by Councilman Bell, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-093, authorizing and directing the Mayor to execute, on behalf of the City of Paris, the tax resale deed and any and all documents necessary to convey the property described as Lot 8, City Block 100, being number 747 Long Street, to Jackie J. & Deborah J. Jones, was presented. . A motion was made by Councilman Bell, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-094, authorizing and directing the Mayor to execute, on behalf of the City of Paris, the tax resale deed and any and all documents necessary to convey the property described as Lot 16, City Block 72, being 816 Sth Street N. E., to James Edward Mitchell, was presented. A motion was made by Councilman Bell, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-095, authorizing and directing the Mayor to execute, on behalf of the City of Paris, the tax resale deed and any and all documents necessary to convey the property described as Lot 3, City Block 235-A, being number 1404 19th Street N. W., to Tj G. Miller, was presented. A motion was made by Councilman Bell, seconded by Councilman Plata, for approval Regular Council Meetrng July 9, 2001 Page 16 of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-096, authorizing and directing the Mayor to execute, on behalf of the City of Paris, the tax resale deed and any and all documents necessary to convey the property described as Lots 18 & 19, City Block 72-A, being numbers 755 and 757 7th Street N. E., to Robert Harmon, was presented. A motion was made by Councilman Bell, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-097, authorizing and directing the Mayor to execute, on behalf of the City of Paris, the tax resale deed and any and all documents necessary to convey the property described as Lot 13, Block l, Pine Bluff Addition, being number 1339 E. Price Street, to Ham & T., Inc., was presented. A motion was made by Councilman Bell, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-098, authorizing and directing the Mayor to execute, on behalf of the City of Paris, the tax resale deed and any and all documents necessary to convey the property described as Lot 4, City Block 89, being number 779 4th Street N. W., to Margaret A. & Jimmy Robins, was presented. A motion was made by Councilman Bell, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-099, authorizing and directing the Mayor to execute, on behalf of the City of Paris, the tax resale deed and any and all documents necessary to convey the property described as Lot 8, Block 14, Texas and Pacific Addition, being number 1559 S. Main Street, to Ralph Rodgers, was presented. A motion was made by Councilman Bell, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-100, authorizing and directing the Mayor to execute, on behalf of the City of Paris, the tax resale deed and any and all documents necessary to convey the property described as Lot 6, Block 8, Henry Smith Regular Council Meetrng July 9, 2001 Page 17 Addition, being located in the 1400 Block of lOth Street N. W., to Helen J. Jones, was presented. A motion was made by Councilman Bell, seconded by Councilman Plata, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-101, accepting the Texas Narcotics Control Program Grant entitled "Regional Controlled Substance Apprehension Program (Task Force)" Grant, No. DB-01-A 10-13 8 54-03, for the period beginning June 1, 2001, and ending May 31, 2002, in the total amount of $388,471.00, requiring a matching contribution of $129,490.00 in the form of cash, was present. 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. Resolution No. 2001-102, accepting the grant award for the 2001 Community Development Housing Rehabilitation Fund by the Texas Department of Housing and Community Affairs, TCDP Contract No. 721048, for the period beginning May 8, 2001, and ending May 7, 2003, in the total amount of $250,000.00, requiring the City of Paris to provide $54,000.00 from the Housing Fund to pay the costs of construction and administration necessary to complete this project, 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. Resolution No. 2001-103, accepting the supplemental Automobile Theft Prevention Program Grant entitled "Northeast Texas Automobile Theft Task Force," No. AS-O 1-TO 1-09363, for the year beginning September 1, 2000, and ending August 31, 2001, in the amount of $25,000.00, with no matching required by the City of Paris, was presented. A motion was made by Mayor Pro Tem Manning for approval of the resolution, seconded by John Bell. The motion carried 7 ayes, 0 nays. Resolution No. 2001-104, accepting the increase in funding under the "Gang Resistance Education and Training (G.R.E.A.T.) Program Grant" for the Regular Council Meetrng July 9, 2001 Page 18 period beginning January 16, 2001, and ending January 15, 2002, in the increased amount of $26,994.00, for a total amount of $53,987.75, requiring no matching funds from the City of Paris, was presented. A motion was made by Councilman McCarthy for approval of the resolution. The motion was seconded by Councilman Bell and carried 7 ayes, 0 nays. Resolution No. 2001-105, approving and adopting the revision to the Parks and Recreation Master Plan for the City of Paris, in accordance with the recommendations made by MHS Planning & Design and the Public Works Director, was presented. A motion was made by Councilman McCarthy, for approval ofthe resolution. The motion was seconded by Councilman Bell, and carried 7 ayes, 0 nays. Resolution No. 2001-106, authorizing an application to the Texas Parks and Wildlife Department for a Texas Recreation and Parks Account (TRPA) Grant for the City Sports Complex Project in the amount of $500,000.00, with $500,000.00 cash contribution to be provided by the City of Paris, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Councilman McCarthy, for approval of the resolution. Them motion carried 7 ayes, 0 nays. Resolution No. 2001-107, resolving that pursuant to paragraph seventeen of the existing Lease Agreement dated March 10, 1997, by and between the City of Paris as Lessor and the Red River Valley Fair Association, Inc., as Lessee, the City does hereby exercise its right and privilege at its option to terminate the aforesaid Lease as said lease applies to that property identified by metes and bounds, for the purpose of utilizing said property not terminated from the existing Lease Agreement for a necessary municipal function, that is, the siting of a new animal shelter, was presented. 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. Mayor Pfiester announced that the next item on the agenda was a resolution Regular Council Meetrng July 9, 2001 Page 19 approving the ground sublease agreement between the Red River Valley Fair Association and the Paris Rodeo and Horse Club, and that this item was tabled at the May 14, 2001 regular meeting. He advised that should the City Council wish to consider this matter, a motion to bring this item from the table would be in order. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Carter, to bring the above item from the table. The motion carried 7 ayes, 0 nays. Resolution No. 2001-108, granting approval to the Red River Valley Fair Association to enter into the ground sublease agreement with the Paris Rodeo and Horse Club, and authorizing and directing the Mayor to acknowledge approval of said grounds sublease agreement by signing the same, 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. 2001-109, resolving that the bid of APAC - Texas, Inc./Buster Paving Division for the 2001 City Street HMAC Overlay Program, Project No. 46.53 in the amount of $570,136.80, be, and the same is hereby accepted and let conditioned upon said contractor meeting all of the terms and specifications included in the bid documents; and approving the form of the contract with APAC - Texas, Inc./Buster Paving Division, was presented. A motion was made by Councilman Plata, seconded by Councilman Carter, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-110, approving the plans and specifications for the 2001 Street Chip Seal Program Proj ect, and such construction proj ect shall be and is hereby authorized for construction and the City Manager and the Public Works Director are hereby directed to proceed with said construction project, by use of the force account, was presented. A motion was made by Councilman Plata, seconded by Councilman Bell, for approval of the Regular Council Meetrng July 9, 2001 Page 20 resolution. The motion carried 7 ayes, 0 nays. A motion was made by Councilman McCarthy, seconded by Councilman Carter, to table action on appointing members to the Board of Directors of the Paris Economic Development Corporation. The motion carried 7 ayes, 0 nays. Resolution No. 2001-11 l, resolving that the regular Thursday meeting of the City Council scheduled for August 9, 2001, be, and the same is hereby, consolidated with the regular Monday meeting of the City Council scheduled for August 13, 2001, at 6:00 o'clock p.m., 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. Mayor Pfiester called for consideration of and action on amending the plans and specifications for "T" Hangars at Cox Field Airport. City Manager Malone advised that Councilman Benny Plata has expressed concern regarding the instructions given by the City Council with the recommendation of the Airport Advisory Board at the meeting on June 28, 2001. City Manager Malone said it was determined that three options for construction of "T" hangars would be bid and that Frank Davis, Interim City Engineer, would prepare the necessary plans and specifications. He said ofthe three options proposed, one was at the suggestion of contractor Wendall Moore and was discussed and voted on as follows: "A motion was made by Councilman Bell, seconded by Councilman Manning, to rebid the 7 unit T- hangar as originally bid, bid the T-hangar with 10 foot 6 inches door height with 40 foot, 6 inches width, and bid with a 12 foot door height with the 42 foot width, all having sliding doors. The motion carried 6 ayes, 0 nays." City Manager Malone advised that upon investigation they discovered that a drawing was furnished by Mr. Moore to Mr. Haynes, and the dimensions that were discussed before the Airport Board and before the City Council, showed a clear door width of 40 feet, 6 inches. City Manager Malone said based Regular Council Meetrng July 9, 2001 Page 21 upon Mr. Moore's statement, that he would recommend a 42 foot door and that was also the width that was recommended by Frank Davis, and the City Council would not want to take bids on a minimum smaller that these recommendations. After discussion, a motion was made by Councilman Plata to change the bid to a 42 foot door instead of the 40 foot door with 10 foot 6 inches height opening to accommodate almost all airplanes. Victor Ables, Chairman of the Airport Advisory Board, was present explaining that it is true that they were told that a 40 foot 6 inch door would work, and if Mr. Moore made a mistake, that is his problem. Mr. Ables stated that the City Council has an opportunity to go with the 42 foot door with the amount of dollars that are available, and stressed that the amount of dollars available was why the Airport Advisory Board gave three different versions of this bid. If they gave it at 40 foot 6 inches and that is what they understood, now they find that is incorrect. Mr. Ables said they had given the City Council several options to choose from, but urged the Council to make sure it is within the funding. The motion failed for lack of a second. After further discussion, a motion was made by Mayor Pro Tem Manning, seconded by Councilman Bell, to go with the motion that was recommended by the Airport Advisory Board at the City Council's meeting on June 28, 2001, which was also approved by the City Council. The motion carried 4 ayes, 0 nays. Mr. Wendall Moore, 3035 Oak Creek Drive, was present telling the City Council that the drawing was a copy of a brochure which is a typical nested T-hangar layout. Mr. Moore said that if it was interpreted as a 40' 6" by 321 feet vs. 255 feet, you are talking about a 42 foot wide opening. Regular Council Meetrng July 9, 2001 Page 22 City Attorney Schenk reported that the report/survey and Airport Advisory Board recommendations regarding airport-related issues were complete and will probably be placed on the August City Council agenda. City Manager Malone reported that the Paperless Agenda Project and the WebLink are complete. On a question from Mayor Pro Tem Manning regarding the cost of the Paperless Agenda Project, City Manager Malone advised that the cost was estimated as $43,000.00 when the project was started, and thought it came in under $40,000.00 for the Paperless Agenda part. He advised that there were funds budgeted for the web originally, but did not have funds budgeted for the Paperless Agenda Project. Funds were budgeted by the City Clerk to create a website before the Paperless Agenda was started. City Manager Malone informed the City Council that the website is up and that minutes, agendas, and all the individual documents that the Council was looking at on the CD rom are available on the web. City Manager Malone reported that the Long Avenue Improvement Proj ect is virtually complete. He stated that there were some issues about sidewalks that had been raised by several residents. City Manager Malone said the MLK Improvement Project is underway. There being no further business, a motion was made by Councilman McCarthy, seconded by Councilman Plata to adj ourn the meeting. The motion carried 7 ayes, 0 nays. MICHAEL J. PFIESTER, MAYOR Regular Council Meetrng July 9, 2001 Page 23 ATTEST: MATTIE CUNNINGHAM City Clerk