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02 Council Minutes (09/17/01)MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL SEPTEMBER 17, 2001 The City Council of the City of Paris met in special session Monday, September 17, 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 Gene Anderson, Director of Finance, for the City of Paris. Mayor Pfiester declared the public hearing open on the proposed amendments to the City Manager's proposed Budget for fiscal year 2001-2002 for the City of Paris. Mayor Pfiester called for those wishing to speak to come forward. No one appeared, and the public hearing was declared closed. ORDINANCE NO. 2001-061 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER 1, 2001, AND ENDING SEPTEMBER 30, 2002, AS AMENDED, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF PARIS; APPROPRIATING THE VARIOUS AMOUNTS THEREOF; 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 Councilman Carter, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. Special City Council Meetrng September 17, 2001 Page 2 ORDINANCE NO. 2001-062 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, FIXING THE TAX RATE AND THE TAX LEVY AND LEVYING AD VALOREM TAXES FOR THE CITY OF PARIS FOR THE YEAR 2001 UPON ALL TAXABLE PROPERTY WITHIN THE CITY OF PARIS IN CONFORMITY WITH THE CHARTER PROVISIONS AND ORDINANCES OF THE CITY; 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 Mayor Pro Tem Manning, seconded by Councilman McCarthy, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2001-063 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO B& B EQUIPMENT COMPANY FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISION RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Mayor Pro Tem Manning, seconded by Councilman Carter, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2001-164 Special City Council Meetrng September 17, 2001 Page 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO GLENN AND DEBI BOLYARD, DBA TRASITY BUSINESS FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISION RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE, WAS PRESENTED. A motion was made by Councilman Bell, seconded by Councilman McCarthy, for adoption of the ordinance. The motion carried 7 ayes, 0 nays. ORDINANCE NO. 2001-065 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO SOUTHERN DISPOSAL INCORPORATED FOR THE PURPOSE OF ENGAGING IN THE BUSINES S OF COLLECTING OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISION RELATED TO THE SUBJECT; AND DECLARING 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. Resolution No. 2001-156, directing the Director of Finance to transfer funds from unencumbered appropriation balances to over-expended accounts, was presented. A motion was made by Mayor Pro Tem Manning, seconded by Special City Council Meetrng September 17, 2001 Page 4 Councilman Carter, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-157, approving the form of the Intergovernmental Agreement for Consulting Services with the Paris Independent School District for a presentation ofthe Drug Abuse Resistance Education (D.A.R.E.) Program for one hundred seventy-seven days throughout the 2001-2002 school year for students in pre-kindergarten through fifth grade at the Givens, Justiss, and Aikin campuses, was presented. A motion was made by Councilman Bell, seconded by Councilman Gray, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-158, declaring certain personal property surplus; approving an Auctioneer Service Agreement with Reggie McDowra Auctioneer Service, was presented. A motion was made by Councilman McCarthy, seconded by Councilman Gray, for approval of the resolution. The motion carried 7 ayes, 0 nays. Resolution No. 2001-159, resolving that the Pasture Lease for approximately 185 acres, more or less, of Lake Gibbons property be advertised for bid to be received after due notice at the office of the City Manager of the City of Paris, City Hall, 135 lst S. E., Paris, Texas, at a time and date to be determined, at which time said bids will be opened in the City Council Chamber, City Hall, and bids will be tabulated and presented to the City Council at a future City Council meeting for the purpose of letting such bids, 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. Resolution No. 2001-160, approving and authorizing an Interlocal Contract pursuant to Chapter 791 of the Texas Government Code by and between the City and the County of Lamar for repair of a portion of a road known as Smallwood Road between a point 2,314 feet, more or less east of the intersection of Smallwood Road with 36th StreetN. E. and continuing eastward Special City Council Meetrng September 17, 2001 Page 5 an additional 2,025 feet, to a point 4,339 feet east of the intersection of Smallwood Road and 36th Street N. E., 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 reported that the Public Works Department finished the hotmix asphalt street program for this fiscal year. It was done with a machine by APAC/Buster Construction Company and the preparation was completed by city crews throughout the year. Approximately 10.3 miles of hotmix overlay was done, which is equal to about 12,610 tons with an approximate cost of $570,136.00 excluding some of the cost of preparation for the proj ect. He said the planning process is underway for next year's program. City Manager Malone said that the department is currently finishing up the street seal/coat program for the year. Approximately 5.5 miles have been completed at a cost of $145,500.00, which came for the General Fund. City Manager Malone advised that there will be an additional $150,000.00 from the Certificate of Obligation 2000 for the additional work that they are doing to complete the program and they should complete the project just short often total miles. The crew is presently on 41st S. W. and on Smallwood Road. City Manager Malone told the City Council that the city is waiting for reimbursement of $1,161,300.00 from FEMA for the December ice storm cleanup. He said this is the amount that has been approved by FEMA, but there is over $170,000.00 in addition that is now in dispute and that is money due the city for the payment of stump removal and disposal. The total amount that the city hopes to be reimbursed for is $1,360,470.69 and the city is working with Congressman Sandlin and State Representative Mark Homer's office to try to get help for the reimbursement for the stump removal. City Manager Malone advised that on the Martin Luther King Street Extension Project, Contractor Stephens and Sons have 85% of the water lines complete, and 50% of the sewer line is completed. He said the fourteen-foot flat bottom concrete drainage-way that runs from Martin Luther King to Hickory has been Special City Council Meetrng September 17, 2001 Page 6 completed. The City Manager said that the contractor would commence pouring the concrete pavement within two to three weeks. City Manager Malone advised that another proj ect that the city has going is the Southeast Loop Water Line Project, which is presently underway. There is 5200 feet of water line to be replaced and this project is 85% complete. He said the city is waiting for the procurement of additional easement due to a property owner who is having legal problems. The City Manager said this is a replacement line to the Jefferson Heights area where the city has had a lot of breaks. There is no loop to this water line, so when it breaks they are out of water, and the city is looking forward to looping that in the near future. City Manager Malone told the City Council that the South Main Water Line Project is approximately 2300 feet, coming from Sherman Street south to the ten-inch water line that intersects just north of the old South Main Grocery Store. The completion of this project loops the line to provide more dependable service. He explained that this is an area where there was low water pressure and dirty water, and this project has been completed and is in use. There are sidewalk replacements yet to be completed for this area. City Manager Malone advised that 12th Street N. E. Water Line Replacement is approximately 1400 feet and is 20% complete. City Manager Malone said there is a small line that is being replaced with a 6-inch line for better pressure and water quality. The lOth Street S. E. Water Line Replacement Project is about 1200 feet and Heuberger is working on this project and it is approximately 10% complete. City Manager Malone said there is an improvement proj ect on drainage for Stillhouse Road east of Loop 286, which is part of the upcoming Clement Road Sewer and Drainage Project. He said this is a section about 2,000 feet long and has not been completed. Chip Jenkins is the contractor and the city is awaiting an easement for the sewer project from Nelson, who is the surveyor, and we have been waiting for a survey in order to get an easement to lay the sewer line. Special City Council Meetrng September 17, 2001 Page 7 City Manager Malone advised that this project is to finish an EPA Order. City Manager Malone advised the City Council that regarding the Gateway Proj ect, the city has received a check for the damage and this proj ect has been placed in the budget. The budget has been passed and it is now an official project. He said the intention is to have the plans and specifications prepared by the City Engineer to bid this project out. The City Manager said this work could be done on a"work by the day" basis for less than $25,000.00, but at this point in time, he was working toward plans and specifications to bid this proj ect out. City Manager Malone told the City Council that one of the drainage proj ects that was authorized by the City Council is located in the area of lOth Street S. E. just south of Jackson Street. The ditch was totally grown up. He said the city has had a contractor in there who has cleaned all of that out, and he was happy to say at this point in time, with all the rains that we have had, none of the highwater signs that has been installed permanently were necessary. The water drained on down the creek with no high water. City Manager Malone said with regard to the Utility Department, repairs are being made to the filters at the Water Treatment Plant that were damaged by a broken valve several months ago. The Utility Department, in conjunction with the Police Department, has taken additional counter terrorism measures to protect the water supply including extra unscheduled police patrol of the major facilities, extra care to see that all locks are secure and in place and other types of security measures. Betty Landon, Librarian for the City of Paris, came forward telling the City Council that in January all public libraries across the state will be receiving money according to a certain formula. The City of Paris will receive money in the amount of $6,000.00 to $7,000.00 with no strings attached as to the expenditures. Ms. Landon advised the City Council that another thing that she is working on is a schedule that will allow for the Library to be open six days Special City Council Meetrng September 17, 2001 Page 8 a week. Ms. Landon announced that the Library is getting strollers that will be similar to those used by shopping malls. Ms Landon also said that even the elderly use the strollers to hold on to. City Manager Malone said in regard to the Community Development Department, the city is currently building seven replacement houses plus remodeling one house under the Owner-Occupied Rehabilitation Grant Program. City Manager Malone advised that seven of the houses have been completed, and there will be fifteen total. This is funded through the Home Program from the State of Texas. The city has received an additional grant of $250,000 from the Community Development Block Grant fund to be used for twelve more houses. The City Manager advised that Home Depot scheduled their opening for November 1, 2001. Jack-In-The-Box has made a commitment to build in front of Home Depot and they will be bringing plans in a month. Chisum Independent School District is building an administration building on their middle school campus. Fire and EMS Station No. Two, Pine Mill Road, is scheduled to be completed this week. Fire Station No. Four has a working punch list and should be completed within a week. City Manager Malone advised that the bid awards are now in Austin for TxDot for approval of the Santa Fe Frisco Depot Project. City Manager Malone reported that the City Engineer, Shawn Napier, and his staff are getting all of the names and addresses of property owners in the Cope Addition Pro Rata Project so notices can be mailed out this week. He said this coming Friday will be the last day for the Engineering Technician who operates the Auto-Cad drafting system. He left for a better paying position, and the city will be advertising for that position. The City Manager advised that the City Engineer is working on the eight-inch water line at Cox Field Airport. City Manager Malone reported that the Police Department is utilizing some of the Local Law Enforcement Block Grant Funds for the year 2000 in the amount Special City Council Meetrng September 17, 2001 Page 9 of $2,300.00 and the city's total part of that grant was $67,300.00 and this is a joint grant with Lamar County. He said the city has used $45,000.00, or will be using $45,000.00 for overtime, and using $20,000.00 for the fingerprint comparative program, which is a software program that allows the department to compare fingerprints. City Manager Malone said the $2,300.00 will be used to purchase two law enforcement police bicycles and associated uniforms and gear. He said the bicycle patrol will be utilized for special events and community orientated policing. The City Manager said added security measures are being taken by the department regarding critical city facilities in order to protect the citizens of Paris. The Police Chief's longtime secretary, Betty Hobbs, has been out for extended illness and surgery and has returned to work part time. Ms. Hobbs has been with the city for more than 35 years. Karl Louis, Police Chief, came forward telling the City Council that he has contact with the International Association of Chiefs of Police and they put out a monthly magazine called Police Chief. Mr. Louis said in the magazine this month, there was information on technology called Biometric Identification Technology, which is basically facial photography identification. He advised that law enforcement is using this technology now. Mr. Louis explained to the City Council how this technology works. City Manager Malone reported that the Fire Department's "Fill the Boot" campaign at Fire Station No. 1 and Fire Station No. 3 is underway and the money collected will be donated to the families of fallen firefighters in New York City. He said on September 29, 2001, which is a Saturday, the Fire, Police and EMS Departments are holding a garage sale at Station No. 1 for the same charity. City Manager Malone advised that the Fire Department has invited floral memorials to be placed by the public in front of the flag pole at Fire Station No. 1. Also, a small remodeling proj ect has been completed in Fire Station No. 1, which added office space for the Deputy Chief now that the Chief, the Fire Marshall, and the Fire Department's secretary are stationed at Fire Station No. 1. Special City Council Meetrng September 17, 2001 Page 10 City Manager Malone, city staff, Councilman Plata, and Mayor Pfiester met with County Judge Superville and Lamar County Commissioner Blackburn and heard the county's concerns regarding the Emergency Medical Service contract. At the County's request, they reviewed the anticipated revenue projections, and due to the new fees that the City Council adopted at the last meeting, the city was able to adjust the revenues and expenses. He said the county's share can be adjusted downward from $400,000.00 to $341,000.00. City Manager Malone advised that unless there were any objections, the city will be presenting an amended contract with the county at a future city council meeting. City Attorney Schenk advised that at the end of the fiscal year there is a process in the contract that allows for a true-up and they will get the benefit of that amount, and we can send the county a letter advising them officially that the city has met their expectation with regard to the adjustment of their contract. Kent Klinkerman, EMS Administrator with the Emergency Medical Service, was present advising the City Council that the Emergency Medical Service, working with the Red Cross last Thursday and Friday, gave out ribbons at Mirabeau Square and took donations to help the American Red Cross in New York. Mr. Klinkerman said in those two days, they raised almost $13,000.00. He said they had help from the radio stations and Management Awards, with both donating T-shirts. Members of the Police Department also helped out. There being no further business, a motion was made by Councilman Bell, seconded by Mayor Pro Tem Manning, to adjourn the meeting. MICHAEL J. PFIESTER, MAYOR ATTEST: Special City Council Meetrng September 17, 2001 Page 11 MATTIE CUNNINGHAM City Clerk